Commentary

Time for the Mayor and the City to stop the Madness and Settle the Coal Dispute

A new developer, JMB Capital, has acquired the project and has offered to sit down with city officials to discuss the potential to not ship coal through the terminal despite having won the court fight over the matter. Unfortunately, officials in the Schaaf administration have not accepted invitations to meet and try to resolve the dispute.

Published

6 years ago

March 25, 2021

Kiki

We need the City Council to be the adults and step in to settle the controversy surrounding the Oakland Army Base once and for all.

For nearly a decade, the city has been fighting about the potential shipment of coal at a proposed bulk commodity terminal at the former Oakland Army Base, under a development agreement that it awarded to California Capital Investment Group (CCIG).

The consequences of failing to voluntarily settle the coal issue could be financially devastating for the city. Already, the federal courts have indicated that the city cannot deny the right to ship coal.

The United States Ninth Circuit Court of Appeal upheld a May 15, 2018 ruling by US District Court Judge Vince Chhabria that the city of Oakland failed to prove that the transportation of coal posed a health and safety hazard to residents. Judge Chhabria found that a report presented by the city’s expert consultants, Environmental Science Associates (ESA), was “riddled with inaccuracies, major evidentiary gaps, erroneous assumptions, and faulty analyses.”

Thus, it appears that the city has already lost on the issue of whether it has the right to ban coal. Now the city attorney and city administration hang their hats on a sketchy pending state court case where they argue that the master lessee of the property, CCIG, lost the lease because they failed to commence construction of the terminal within the timeframe specified in the development agreement.

The likelihood of the city prevailing on that argument is very slim. The City caused a delay in the completion of the terminal when they denied CCIG’s permits to resume construction and then claimed that the developer did not act in a timely manner. Now the developer asserts it is ludicrous for the city to claim that it did not act in a timely manner.

I do not understand the city’s refusal to welcome a chance to resolve the issues short of a court decision. If Oakland loses, the terminal will be allowed to ship as much coal as it can handle over the next 66 years. In addition, the city likely will be on the hook for millions of dollars in losses caused by their dilatory maneuvers. More important, the proposed terminal is a major revenue producer for the city and will create hundreds of jobs handling non-coal commodities and products and related financial benefits. As the city dawdles, Oakland residents lose.

By entering into a discussion with JMB Capital it could lead to a no coal agreement that gets the terminal built. But, by refusing to talk it could lead to unlimited coal shipments and significant financial losses. Why, then, doesn’t the city meet and try to come to a no coal agreement?

Some suggest the problem is the Mayor’s ego and a desire for revenge, or her plans for future political positioning. In reality, it doesn’t matter. Under the city charter, the City Council holds the ultimate power to decide whether to settle and resolve the issues on terms most favorable to the city.

As I see it, if the city meets with the developer and reaches a no coal agreement, everyone benefits. But if the city doesn’t even try, and the courts rule against the city, the result will likely be a loss that the city will suffer for the next 66 years.

I urge the City Council to intervene and stop the nonsense. It has the duty and authority to protect the city from major losses and take advantage of a golden opportunity it seems determined to ignore. Please end the madness and direct the City Administrator to negotiate a no coal settlement in good faith and get this case behind us.

Do it now, because if the city leaves it to the courts to decide, and they lose, there will be nothing left to negotiate after a court decision is made. Oakland residents will be stuck with the results of the city’s refusal to meet for decades to come.

Kiki

Posts by Kiki | Website

Up Next

Asian‌ ‌Americans‌ ‌Know‌ ‌Centuries‌ ‌of‌ ‌White‌ ‌Supremacy‌ ‌Too‌ ‌ ‌

Don't Miss

Oakland Will Pilot Guaranteed Income Program

Kiki

Click to comment

Black History

IN MEMORIAM: The Rev. Leon “Sonny” Clark, Longtime Orange County Pastor and Community Leader, Dies at 72

Rev. Leon William “Sonny” Clark, the longtime pastor of New Spirit Baptist Church in Santa Ana and a prominent faith and community leader in Orange County, passed away on September 9 at the age of 72. Born in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who dedicated his life to service. He served various Southern California churches before leading New Spirit Baptist Church for over 22 years, extending his work into counseling, mentoring, and civic engagement, and supporting the African American community. To learn more about his life and contributions, read more.

Published

1 hour ago

September 28, 2026

Post News Group

The Rev. Leon “Sonny” Clark. File photo.

By Bo Tefu, California Black Media

Rev. Leon William “Sonny” Clark, longtime pastor of New Spirit Baptist Church in Santa Ana and a respected faith and community leader in Orange County, died Sept. 9. He was 72.

Born Oct. 2, 1953, in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who later built a life of service centered on family, faith, ministry, and community.

Clark began his formal ministry at Metropolitan Baptist Church in Altadena in 1978. After acknowledging his call to ministry in 1980, he preached his first sermon and went on to serve churches throughout Southern California, including Second Baptist Church in Riverside, Mount Vernon Baptist Church in Rubidoux, Antioch Missionary Baptist Church in Pomona, and Friendship Baptist Church in Yorba Linda.

In November 2003, Clark was called to lead New Spirit Baptist Church in Santa Ana, where he served as pastor for more than 22 years. His work extended beyond the pulpit through counseling, mentoring, civic engagement, and efforts to strengthen Orange County’s African American community.

Clark served on the Orange County Heritage Council and supported efforts to preserve and celebrate African American history and culture. He helped organize the Orange County Black History Parade and Unity Festival, served on the Interfaith Committee and the Orange County Transit Authority, and served as president of the Orange County Ministers Conference.

In 2024, the City of Santa Ana recognized Clark for his contributions to the community. He also received the Orange County Southern Baptist Association Hall of Faith Award and was previously honored as Pastor of the Year by the Orange County Heritage Council.

Clark is survived by his wife, Andrea Joyles Clark; six children, Shawn Williams, Le Ondra Clark Harvey, Kyla Coward, Joshua Clark, Marissa Clark and Ashley Clark; grandchildren and great-grandchildren; siblings; extended family; and the New Spirit Baptist Church congregation.

A wake will be held Thursday, Oct. 1, from 4 to 8 p.m. at New Spirit Baptist Church, 701 S. Sullivan St. in Santa Ana, with a remembrance service from 5 to 6:30 p.m.

A Celebration of Life will be held Friday, Oct. 2, at Friendship Baptist Church, 17145 Bastanchury Road in Yorba Linda. Viewing begins at noon, followed by the service at 1 p.m.

Burial will take place Monday, Oct. 5, at 10:15 a.m. at Riverside National Cemetery.

Clark often shared a guiding principle that shaped his ministry: “Start where you are. Use what you have. Do what you can.”

Post News Group

Posts by Post News Group

Black History

Remembering Chauncey Bailey as Student Journalists Face Threats to Truth-Telling

Nearly two decades ago, Oakland Post reporter and editor-in-chief Chauncey Bailey was tragically murdered for investigating a crooked business. His assassination shocked the journalism world and is remembered as student journalists today face increasing threats and censorship. A former classmate of Bailey and chair of the Student Press Law Center notes a significant rise in calls from students seeking legal advice amid a hostile environment. This situation highlights the importance of protecting young journalists and their pursuit of truth. Read more to learn about Bailey’s legacy and current challenges facing student press.

Published

2 hours ago

September 27, 2026

Post News Group

By Steven A. Holmes Special to The Post

It is nearly 20 years since Chauncey Bailey, a crusading journalist, was murdered

on an Oakland street corner, gunned down to prevent him from writing stories about a

crooked business.

I hope people remember Bailey, a reporter and editor-in-chief for the

Oakland Post, the city’s Black newspaper. He had already written several articles about

the problems of a business called Your Muslim Bakery and was working on another

when the bakery’s owner ordered an employee to kill Bailey.

His murder shocked the journalism world that found the idea of an American

reporter killed for doing his job unfathomable. For me, the shock and sadness were also

personal.

I knew Bailey. In the mid-1970s we were classmates in the Michelle Clark Memorial

Foundation program, the precursor to the Institute for Journalism Education Summer

Program. A program, backed by the Ford Foundation, that provided intensive training

for fledgling minority journalism students and then placed them in jobs at newspapers

and television stations.

I’m reminded of Bailey and that program when I visit the East Bay at the end of

September to discuss the future of student journalism. To me, the visit will not only

evoke memories of Bailey. It will also be an opportunity to hone strategies to protect and

support student journalists who are under attack today, maybe not in the way that took away Chauncey Bailey, but an attack, nonetheless.

Spurred by the hostility toward the free press emanating out of Washington, high

school and college journalists are facing a barrage of censorship and harassment from

school administrators and local officials.

The 24-hour hotline staffed by the Student Press Law Center (SPLC), the non-profit I chair, has seen a 35% increase in calls from student journalists seeking legal advice on censorship, libel and copyright issues during the past two years, as well as a tripling in the number of complaints of harassment, including threats of firing, of faculty advisors.

I am not suggesting today’s national climate is as dangerous as the murderous

intentions of Yusef Bey IV, the man who ordered Bailey’s assassination. But the

harassment of student journalists does kill something else. It can destroy the desire of

student journalists to continue their growth to become professional news gatherers and

producers – something the country will always need.

It is that professional maturation that I’m reminded of when I think back on Chauncey

Bailey.

Truth be told, when we were classmates back in 1974 Bailey was the class clown,

known more for his sardonic wit than his writing or reporting talent. I have vivid

memories of Bailey sitting at his desk in the back of the room regaling us with sarcastic

comments. Sure, he was funny.

And he didn’t exhibit the level of reporting skills of our other classmates such as Milton Coleman who went on to be the Deputy Managing Editor of the Washington Post or Alexis Scott who for years has run the Atlanta Daily World.

After a series of reporting jobs in Hartford, Connecticut, Detroit, Michigan, and Oakland, Bailey had risen in talent and skill to helm this very newspaper. A tip from a source led Bailey to look into the possibility that Bey was running Your Muslim Bakery into bankruptcy. Word that Bailey was working on that story filtered back to Bey who ordered the journalist killed.

On August 2, 2007, Bailey was shot three times at point-blank range as he walked to work.

So, when I think of my trip to the East Bay my thoughts go to journalism’s past

represented by Chauncey Bailey’s sacrifice and what the staff and the board of SPLC

can do to secure the current and future work of student journalists.

Steven A. Holmes is a former Pulitzer Prize-winning journalist. His novel “Black Messiahs” was published in May this year.