The Newspaper of the San Francisco Bay Chapter
January - February 2008
TABLE OF CONTENTS
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Oak-to-Ninth lawsuits force voiding of approval
The Sierra Club supported two lawsuits aimed at changing the massive Oak-to-Ninth development proposed for the Oakland Estuary on public lands designated for open space. One prevailed and the other did not.
First, the good news. The Alameda County Superior Court issued an order on Nov. 16 overturning the Environmental Impact Report (EIR) for the Oak-to-Ninth project in Oakland. Judge Jo-Lynne Q. Lee's ruling directs the city to void its approvals of the Oak to Ninth project. The Coalition of Advocates for Lake Merritt (CALM) and Joyce Roy challenged the approvals based on deficiencies in the EIR. The attorney was Brian Gaffney. The Sierra Club and the League of Women Voters of Oakland supported this lawsuit. The Club's Bay Chapter and Northern Alameda County Group both contributed funds, and many Oakland members responded to a fundraising letter.
The court's ruling opens the door for the city and the developer to come up with a better proposal through a transparent process that truly involves the public.
Second, the bad news that is not all bad. On Nov. 13 the Oak to Ninth Referendum Committee filed a motion to dismiss its lawsuit against Oakland Harbor Partners, the developer, and the city of Oakland. The suit challenged the city attorney's Sep. 6, 2006, invalidation of the 25, 068-signature petition to place the development agreement before the voters. He claimed that the circulators had included the wrong version of the agreement with the petition. The committee received many generous contributions, but it finally became clear that funds needed to continue the suit were beyond the means of ordinary citizens. The Sierra Club had contributed both financially and with signature-gathering.
But the not-bad news is that the signature-gathering could be considered a poll of Oakland citizens. About nine out of 10 whom we approached opposed the project and were eager to sign after a simple statement of the facts: "A developer wants to build 3,100 condominiums on the Oakland Estuary on public land that was designated for public parks."
Furthermore, if the city does not come up with a significantly better project, there are citizens who know the ropes and can mount another referendum.
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© 2008 San Francisco Sierra Club Yodeler