Clean Oakland
  • Home
  • Sanjiv Handa
  • Gene's Blog
  • Rotunda RFP
    • Lawsuit against Rotunda Partners II >
      • Facts you should know about the Rotunda Building
      • Facts you should know about the Rotunda Garage
      • Charges in massive investment fraud case
      • Phil Tagami's Obligation
  • Gene Hazzard -Keeping eyes open
    • Hazzard substitution of attorney
    • Public Record Request [PORT] about the $100,000.00 deposit, NO Straight answer.
    • Court Reporter Transcript
    • The Power Broker? >
      • Robert Moses >
        • NY Times February 14, 2007
  • Chronology of Tagami's scheme of Private-Public Partnership with City Projects
  • Another Tagami scheme - Rotunda Building deal
    • Eight Years Later, Tagami Still Hasn’t Started Rotunda Project City Fails to Hold Developer Responsible
    • 1630 San Pablo - Parcel 2
    • Rotunda Building Loan
    • Post -Tagami Failed to Make Payments on Rotunda Development Loan
    • City Urges No Action in Tagami’s Failure to Make Payments on $12 Million Loan
  • Oakland Army Base
    • Port to Give Tagami $600 Million Exclusive
    • OAB - Wikipedia
    • OAB - Military Museum
    • Army Base Gateway Redevelopment Project
    • BAAQMD Comments on Air Monitoring Work Plan
    • Cost Sharing Agreement
    • OAB Rezoning and LDDA update
  • Billboards in Oakland
  • Port of Oakland
  • Oakland Raiders?
  • Who is running Oakland?
    • Jerry Brown
    • Don Perata
    • Judge Robert B. Freedman
    • Jacques Barzaghi
    • Gawfco Enterprises
    • Deception
    • Doug Bloch
    • Phil Tagami >
      • SF Business Times November 20, 2005
      • Rotunda wrestling
      • A conversation with Oakland developer Phil Tagami
      • Audit of $91 million Fox Theater project
      • Tagami Conflict
      • CCIG Response to Oakland Works
      • Oakland developer Phil Tagami named to state medical board
      • ‘Shotgun Phil’ hits another bullseye — with governor’s help
  • CleanOakland Store
  • CenterPoint Properties

Coal war returns to Oakland; activists fight Phil Tagami’s lawsuit

1/30/2017

0 Comments

 
By DAVID DEBOLT | ddebolt@bayareanewsgroup.com |
PUBLISHED: January 30, 2017 at 1:00 pm | UPDATED: January 30, 2017 at 1:18 pm

Anti-coal protest in #Oakland. Developer Phil Tagami now subject of 2 folk songs pic.twitter.com/youElLIlvM

— David DeBolt (@daviddebolt) January 30, 2017
Picture
Picture(David DeBolt/Staff) Rev. Ken Chambers of West Side Missionary Baptist Church speaks at an anti-coal rally outside the Rotunda building on Jan. 30, 2017.
OAKLAND — Anti-coal activists stood in support of the city of Oakland on Monday, holding an afternoon protest outside the offices of developer Phil Tagami, who filed a lawsuit last month seeking to overturn the City Council’s vote to ban coal transports in the city.

Members of No Coal in Oakland and labor and faith leaders began the rally at 1 p.m. outside the Rotunda Building, Tagami’s headquarters. The protest was a show of support for the city and City Attorney Barbara Parker. Attorneys for the city are expected to file a response to Tagami’s federal lawsuit on Monday.

The council’s ban essentially derailed Tagami’s plans to import and export coal through a new terminal he is building adjacent to the Port of Oakland. But Oakland is up against Tagami’s high profile lawyers, Quinn Emanuel Urquhart & Sullivan, and the Trump administration, which has signaled support for reviving the coal industry.

“It’s going to be years of litigation which is a lot of money and time that the city could spend on better things,” Margaret Rossoff of No Coal in Oakland said Monday morning. “If we lose we’ll get a coal terminal. If we win we’ll spend a lot of time and money.”

Tagami, developer of the Oakland Fox Theater and the Rotunda, in 2013 won the contract to develop the former Oakland Army base into the Oakland Bulk and Oversized Terminal, a $250 million global logistics center on the Outer Harbor.

In 2014 the council passed a resolution opposing the transportation of coal and crude oil through Oakland, but the 2013 development agreement with Tagami did not restrict him from shipping coal through the terminal. Once his plan to ship the ore by rail from Utah to Oakland surfaced, activists and city leaders fought to stop him.

The council in June unanimously approved the coal ban. Attorneys for Tagami filed a federal suit in December, arguing the council’s vote was an “unconstitutional abuse of its power” and conflicted with the 2013 agreement. The lawsuit also claimed the city violated federal laws that regulate interstate trade, rail transportation and maritime shipping.
​
Neither Tagami, nor his attorney, Robert P. Feldman, would comment.

Between singing folk songs and giving speeches, activists said Tagami is ignoring the wishes of residents and city officials who are concerned that shipping coal through the East Bay comes at the expense of residents’ health.
​
Michael Kaufman, co-coordinator of No Coal in Oakland, said the developer’s suit could set a bad precedent. The December lawsuit in part argues that federal law regulating interstate trade, rail transportation and maritime shipping supersedes local laws, such as the council’s coal ban. Kaufman said if the city loses it could deal a blow to other local governments fighting to stop potential environmental catastrophes.

“We can’t count on the federal government to protect us,” Kaufman said.

Rev. Ken Chambers of West Side Missionary Baptist Church, longtime West Oakland environmental activist Margaret Gordon and labor leaders joined in the call for Tagami to drop the suit.

Tagami, developer of the historic Oakland Fox Theater and Rotunda, in 2013 won the contract to develop the former Oakland Army base into the Oakland Bulk and Oversized Terminal, a $250 million global logistics center on the Outer Harbor.

The development agreement with Tagami did not mention coal — either as a possible commodity to be shipped through the new terminal or a commodity that would not be allowed. In response to rumors about the possibility, the council in 2014 passed a resolution opposing transportation of coal and crude oil through Oakland. Once Tagami’s plan to ship the ore by rail from Utah to Oakland surfaced, activists and city leaders fought to stop him, and in June, the council unanimously approved the coal ban.

Attorneys for Tagami filed a federal suit six months later, arguing the council’s vote was an “unconstitutional abuse of its power” and conflicted with the 2013 agreement.

In court papers filed Monday, Parker and attorney Kevin Siegel challenged Tagami’s claim that the coal ban violated the development agreement. The city’s attorneys argued Tagami had no vested right to store or handle coal at the terminal and is currently only in negotiations with Terminal Logistics Solutions to do so.

Parker is asking U.S. District Judge Vince Chhabria to hold a hearing on April 20 to consider the city’s motion to dismiss that claim. Parker is expected to file a separate response to address Tagami’s other allegations against the city.


http://www.eastbaytimes.com/2017/01/30/coal-war-returns-to-oakland-activists-fight-phil-tagamis-lawsuit/

Anti-coal protest in #Oakland. Developer Phil Tagami now subject of 2 folk songs pic.twitter.com/youElLIlvM

— David DeBolt (@daviddebolt) January 30, 2017
0 Comments

Mayor exceeds jurisdiction authority under 305 of the Oakland City Charter in the recent hiring of Anne Kirkpatrick has Oaklands new Police Chief

1/18/2017

0 Comments

 
2013_legalopinion.pdf
File Size: 559 kb
File Type: pdf
Download File

Atten:  Milad Dalju, enforcement
Please add the following documentation to my written complaint filed in your office on January 12, 2017 regarding Mayor Libby Schaaf,s  violation of 218 noninterference of the Oakland City Charter when she exceeded her jurisdictional authority pursuant to 305 of the Oakland City Charter in her direct hands on in the recent selection and hiring of the Police Chief.  This is a clear violation of 218 of the Oakland City Charter.

503 of the Oakland City Charter gives exclusive the authority to "hire,fire,and discipline "All city employees including the Police Chief, thus a clear violation of 218 of the city charter.

Evidence and substation of her interference is noted in the media accounts below where she has articulated not only the firing of three police chiefs in nine days(which again exceeding her jurisdictional ) , but her hiring of the new police chief.
Media accounts include the following:
Los Angeles Times  June 17, 2016. OAKLAND LOSES THIRD CHIEF IN NINE DAYS WILL OPERATE UNDER CIVILIAN CONTROL by James Queally

​"I'm hoping to not have to FIRE anyone else anytime soon", said the mayor laughing in response to a question from a reporter.  

"As the mayor of Oakland I have to run a police department not a frat house"
USA TODAY. June 15, 2016  Trevor Hughes
"Oakland's Mayor fired the City's interim police chief less than a week after appointing him to run the department..."
"Speaking to reporters Wednesday Mayor Libby Schaaf declines to Specify why she FIRED the interim chief"
FOX NEWS June 16, 2016
INTERIM OAKLAND POLICE CHIEF FIRED AFTER SIX DAYS ON THE JOB AMID SEX SCANDAL
"The Mayor of Oakland, RELIEVED the city' s interim police chief of his duties Wednesday less than a week after he was APPOINTED to the post...Schaaf went on to call Fairies HIRING a MISTAKE and said SHE should have taken more time to vet the officer.

Oakland City Councilwoman Rebecca Kaplan said Wednesday that the City Council had NOT been briefed on the Mayor's reason for FIRING the interim chief
CNN  June 20, 2016. by Catherine Shoicet, Mayra Cuevas, Steve Alvasy
THE LATEST TWIST: AN INVESTIGATION INTO RACIST TEXT MESSAGE
"That, Schaaf said, MADE HER DECIDE TO HOLD OFF ON APPOINTING ANOTHER INTERIM COP"EAST BAY NEWS BLOG Friday June 17, 2016  by Darwin Bondgraham and Ali Winston
"City Administrator Sabrina Landreth is running the oakland Police.  I FEEL THIS IS AN APPROPRIATE TIME TO PLACE CIVILIAN LEADERSHIP OVER THE DEPARTMENT, SAID SCHAAF"
0 Comments

    Gene Hazzard

    Don't Be Envious of Evil Men
    1Do not be envious of evil men, Nor desire to be with them; 2For their minds devise violence, And their lips talk of trouble.…

    Archives

    February 2023
    December 2022
    October 2022
    May 2022
    March 2022
    January 2022
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    September 2020
    August 2020
    July 2020
    May 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    November 2018
    September 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    April 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    March 2015
    October 2014
    September 2014
    July 2014
    June 2014
    April 2014
    March 2014

    Categories

    All
    AMB
    Army Base
    City Of Oakland
    Coal
    Dan Siegel
    Garage
    Gene Hazzard
    Grant
    Hamid Moghadam
    Kaplan
    Oakland
    Phil Tagami
    Prologis
    Public Ethics Commission
    Rebecca Kaplan
    Redevelopment Agency
    Rotunda
    Tiger
    Wharf
    WOSP
    Zhao Liang

    RSS Feed

  • Home
  • Sanjiv Handa
  • Gene's Blog
  • Rotunda RFP
    • Lawsuit against Rotunda Partners II >
      • Facts you should know about the Rotunda Building
      • Facts you should know about the Rotunda Garage
      • Charges in massive investment fraud case
      • Phil Tagami's Obligation
  • Gene Hazzard -Keeping eyes open
    • Hazzard substitution of attorney
    • Public Record Request [PORT] about the $100,000.00 deposit, NO Straight answer.
    • Court Reporter Transcript
    • The Power Broker? >
      • Robert Moses >
        • NY Times February 14, 2007
  • Chronology of Tagami's scheme of Private-Public Partnership with City Projects
  • Another Tagami scheme - Rotunda Building deal
    • Eight Years Later, Tagami Still Hasn’t Started Rotunda Project City Fails to Hold Developer Responsible
    • 1630 San Pablo - Parcel 2
    • Rotunda Building Loan
    • Post -Tagami Failed to Make Payments on Rotunda Development Loan
    • City Urges No Action in Tagami’s Failure to Make Payments on $12 Million Loan
  • Oakland Army Base
    • Port to Give Tagami $600 Million Exclusive
    • OAB - Wikipedia
    • OAB - Military Museum
    • Army Base Gateway Redevelopment Project
    • BAAQMD Comments on Air Monitoring Work Plan
    • Cost Sharing Agreement
    • OAB Rezoning and LDDA update
  • Billboards in Oakland
  • Port of Oakland
  • Oakland Raiders?
  • Who is running Oakland?
    • Jerry Brown
    • Don Perata
    • Judge Robert B. Freedman
    • Jacques Barzaghi
    • Gawfco Enterprises
    • Deception
    • Doug Bloch
    • Phil Tagami >
      • SF Business Times November 20, 2005
      • Rotunda wrestling
      • A conversation with Oakland developer Phil Tagami
      • Audit of $91 million Fox Theater project
      • Tagami Conflict
      • CCIG Response to Oakland Works
      • Oakland developer Phil Tagami named to state medical board
      • ‘Shotgun Phil’ hits another bullseye — with governor’s help
  • CleanOakland Store
  • CenterPoint Properties