Port of Oakland http://www.portofoakland.com/
Cooperation--it can achieve great things. Take the unprecedented cooperative effort between the Port of Oakland and the City of Oakland to improve a portion of the city’s shoreline known as the Oakland Estuary. When this extensive makeover is finally complete, Oakland will still be known as an inland gateway at the hub of multiple rail and highway corridors. But it will also be known as a waterfront city.
Established in 1927, the Port of Oakland has a lot on its plate. In 2004 the Port served 14.1 million airline passengers and handled 672,000 metric tons of cargo, a significant increase over recent years. In addition to operating the Oakland seaport and Oakland International Airport, the Port oversees 19 miles of waterfront, which includes Jack London Square, the Port’s prime commercial real estate area.
Not only is the Port busier, but its marine terminal business is changing. To adapt to these changes, the Port is reconfiguring and undertaking major improvements to its marine terminals. The improvements, which include creating more rail capacity, will enable the Port to more efficiently receive and distribute cargo. Another benefit: reduced truck traffic.
Because of advances in technology and changes in the type of cargo the Port handles, land no longer needed for Port business has been freed up. Some of this land is now being redeveloped as part of the Oakland 1999 Estuary Plan. The plan, a joint effort of the Port and City of Oakland, envisions dramatic improvements in five and a half miles of urban waterfront within the heart of the city.
Some of the improvements will occur in Jack London Square, the area associated with famed author Jack London, his seafaring adventures and the spirit of rugged individualism. The Estuary Plan envisions the square as a dynamic waterfront space with a balanced mixture of natural landscapes, open space, entertainment, recreation, retail, office and hospitality--all serving neighborhood and regional uses.
"Jack London Square will bring tremendous benefits to the public, including waterfront access, alternative transit, increased city revenues and good local jobs," says the Port’s Commercial Real Estate Director Omar Benjamin.
One of the most ambitious projects for Jack London Square is a 185,000-square-foot marketplace to be called California Harvest Hall. It will showcase food from all over California. Other improvements include 285,000 square feet of new office space, a 240-room urban resort hotel and 100,000 square feet of retail and restaurant space.
As counsel to the Port of Oakland, Stoel Rives has worked closely with Port personnel on both the redevelopment of its marine terminal facilities and on the Estuary Plan. Some of this legal work involves understanding and knowing how to deal with differences over the existence and scope of restrictions on lands managed by the Port, some of which were granted by the State of California. Stoel Rives’ experience and knowledge in dealing with these questions led to the creation and crafting of various means to resolve differences between the Port and various governmental agencies, allowing the redevelopment projects to go forward. For other restrictions, Stoel Rives developed legislative solutions.
Stoel Rives also helped resolve litigation brought against the Port by California’s attorney general and the Lands Commission. These state agencies charged that some redevelopment plans--such as creating office space on Port property--exceeded the Port’s authority.
"We understood the basis for the Port’s holdings and developed the factual basis and legal theory to meet the claims of the attorney general and Lands Commission. As a result, the Port successfully resolved the lawsuit," says Stoel Rives lawyer Bruce Flushman. "The Port was then able to move forward on its plans."
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