May 22, 2015

via Facsimile and Email

Citys Clerks Office
Public Records Request
City of Oakland
1 Frank Ogawa Plaza, Room 101
Oakland, CA 94612
Fax: 510-238-2228
Email: records@oaklandnet.com

Dear Public Records Clerk:

Pursuant to the California Public Records Act (CPRA), Govt. Code 6250-6270, Sierra Club is
writing to request the documents described below and to follow up on its public records request
dated February 20, 2013 in which no documents were produced to us.1
Sierra Club is the nations oldest grassroots organization. It has nearly 600,000 members
nationwide, including more than 141,000 members in California. Sierra Club is dedicated to the
protection and preservation of the natural and human environment. Sierra Clubs purpose is to
explore, enjoy and protect the wild places of the earth; to practice and promote the responsible
use of the earths ecosystems and resources; and to educate and enlist humanity to protect and
restore the quality of the natural and human environments.
One of Sierra Clubs priority national conservation campaigns involves promoting smart energy
solutions. Sierra Club is particularly interested in ensuring that coal mines and ports comply fully
with all applicable statutes and regulations. This campaign organizes individuals regionally and
nationwide to work on coal-related issues and educates the public on these issues, including the
impacts of coal on air and water quality.
Sierra Club hereby requests copies of the following materials:

All records2 relating to any proposal to export, store, or use coal on City or Port land
involved in the Oakland Army Base Project or any other project including, but not
limited to:

The citys response was that it had no documents relating to coal at the Oakland Army Base.
For the purposes of this request, the term records means information of any kind, including writings
(handwritten, types, electronic, or otherwise produced, reproduced, or stored), letters, memoranda, correspondence,
2

85 Second Street, Second Floor San Francisco, CA 94105-3441 TEL: (415) 977-5750 FAX: (415) 977-5793 www.sierraclub.org

a. any records related to coal exports and/or storage at the Oakland Army Base
Redevelopment Project, hereafter (OAB)3 (also known as Oakland Global
Trade and Logistics Center) including, but not limited to coal exports and/or
storage at the proposed Oakland Bulk and Oversized Terminal (OBOT), also
known as the West Gateway Break Bulk Terminal project, hereafter (West
Gateway Project); and
b. any records, related to rail improvements to facilitate coal exports and/or
storage at the Port of Oakland, OAB, OBOT or the West Gateway Project;
and
c. any records related to coal storage, export, or handling at an existing or
proposed facility; and
d. any and all emails, minutes, and/or notes from meetings between the City,
City staff, the Port of Oakland, prospective developers, prospective lessees,
which address potential or pending proposals to export, store, or use coal at
the Port of Oakland, OAB, OBOT or the West Gateway Project; and
e. any and all communications (letters, emails, applications) between the City,
City staff, Port Commissioners, state or federal agencies, and/or others which
discuss potential or pending proposals to export, store, or use coal at the Port
of Oakland, OAB, OBOT and the West Gateway Project; and
f. any applications for coal export terminals or multi-commodity terminals that
include coal exports, or proposals to use or store coal at the Port of Oakland,
OAB, OBOT and the West Gateway Project.

All records relating the Port of Oakland/Union Pacific rail project rail link referenced in
the January 21, 2015 news release4, including but not limited to:
a. all related permits;
b. environmental analysis or environmental impacts statement;
c. any correspondence related to coal and/or bulk rail transport for the above
referenced project.

All records relating to the Oakland Global Rail Enterprise (OGRE)5 including, but not
limited to:
a. all related permits
b. environmental analysis or environmental impact statement;

notes, applications, completed forms, studies, reports, reviews, guidance documents, policies, telephone
conversations, telefaxes, e-mails, documents, databases, drawings, graphs, charts, photographs, minutes of meetings,
electronic and magnetic recordings of meetings, and any other compilation of data from which information can be
obtained. Without limitation, the records requested include records relating to the topics described below at any
stage of development, whether proposed, draft, pending, interim, final, or otherwise. All the foregoing are included
in this request if they are in the possession of or otherwise under the control of the City of Oakland.
3
Plan to develop Oakland Army Base coming into focus, January 10, 2012, found at:
http://www.contracostatimes.com/news/ci 19709014?source=rss.
4
http://www.portofoakland.com/newsroom/pressReleases/2015/pr 371.aspx
5 Oakland Global Rail Enterprise, LLC (OGRE) is a newly created Class III, Surface Transportation Board certified
short line rail company that is currently operating in Oakland, CA at the former OAB. OGRE LLC is comprised of - West Oakland Pacific Railroad (WOPR) and California Capital &Investment Group (CCIG). See, e.g.,
http://ogrejv.com/index.php/about-us.

c. any correspondence relating to this project, including coal and/or dry bulk
transport.
All records relating to the state of Utahs plans to invest $53 million in the coal export
proposal at the OAB.6
All records relating to BNSF Railway and coal or dry bulk transport through Oakland.

Exempt Records
There is no basis for claiming that the records requested herein are exempt from immediate
disclosure under the CPRA. Each of these records falls within Govt. Code 6250-6270 as
information an agency is required to make available to the public. If, however, it is your position
that any portion of the requested records is exempt from disclosure, we request that pursuant to
Govt. Code 6255(a) (the agency shall justify withholding any record by demonstrating that
the record in question is exempt under express provisions of this chapter...andthe public
interest served by not disclosing the record clearly outweighs the public interest served by
disclosure of the record) that you provide us with a detailed explanation of why you consider
each portion exempt.
In the event that some portions of the requested documents are properly exempt from disclosure
as required by Govt. Code 6253(a), the agency always bears the burden of justifying
nondisclosure, and (any reasonably segregable portionshall be available for inspectionafter
deletion of the portions which are exempt., please redact the exempt portions and provide the
remainder of the record to Sierra Club at the address listed below. If it is your position that a
document contains non-exempt segments but that those non-exempt segments are so dispersed
throughout the document as to make segregation impossible, please state what portion of the
document is non-exempt and how the material is dispersed throughout the document. If a
request is denied in whole, please state specifically that it is not reasonable to segregate portions
of the record for release.
Fee Waiver Request
We respectfully request that any fee for the processing, production, or replication of the requested
documents be waived pursuant to Public Records Act 6253. See N. County Parents Organization v.
Dept of Educ., 23 Cal.App.4th 144, 148 (1994) (public agencies have the power to waive fees
related to record requests by nonprofit organizations pursuant to Cal. Govt. Code 6253.1, which is
now located at Cal. Govt. Code 6253(e)). A waiver is appropriate in this case for the following
reasons:
1. Sierra Club is a nonprofit, public interest organization of limited resources; paying
significant fees would pose a hardship on the Club. Additionally, this information will
not be used for commercial purposes.

http://www.contracostatimes.com/breaking-news/ci_27981684/unlikely-partners-utah-investing-53-million-exportcoal
3

2. The waiver of fees for Sierra Club is in the public interest because furnishing the
requested documents primarily benefits the general public. Sierra Club represents
141,000 members throughout the State of California. A fee waiver will enable
Californians and local residents concerned about, and directly impacted by, pollution
from the handling, export, storage, transport, or use of coal, to become aware of and
understand such operations. The information will also facilitate an understanding of how
the public shoreline is utilized and any potential environmental impacts associated with
these operations. Further, it will raise awareness about how public monies are being spent
on the OARB; thus, the waiver of fees in this case is in the public interest.
If for any reason the City of Oakland does not waive the fees, please notify us immediately with the
reasons for the denial and the costs that would be involved prior to any copying of the documents.
Nothing in this request is to constitute any waiver of Sierra Clubs right to seek administrative or
judicial review of any denial of its fee waiver request and/or rejection of its fee category assertion.

Records Delivery
We request that the City of Oakland comply with all relevant deadlines and other obligations set
forth in the CPRA. Please respond to this request promptly, as required by Govt. Code 6253(c),
which states, that within 10 days from receipt of the request...the agencyshall promptly notify
the person making the request of the determination and the reasons therefor.
If you have any questions about this request or foresee problems in fully releasing the requested
records promptly, please contact me by phone at
or by email at
within that time period. We appreciate your cooperation and
would be happy to clarify this request or otherwise simplify your efforts to comply. Additionally,
to facilitate delivery, please email or share documents electronically via email or a document
sharing tool such as Box. Thank you for your assistance.
Sincerely,