Title
3 ORA) Adopt an Agency Resolution authorizing the Oakland Base Reuse Authority (OBRA) to administer funds received from the California Department of Transportation for environmental remediation purposes;
Body
CITY OF OAKLANDAND
OAKLAND REDEVELOPMENT AGENCY
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Agenda Repor 2003 jUN f 2 PM 5:
TO: Oakland City Council/Oakland Redevelopment Agency
FROM: Robert C. Bobb, City Manager/Agency Administrator
DATE: June 24, 2003
SUBJECT: REPORT ON ACTIONS AND AGREEMENTS ENTERED BY THE
AGENCY ADMINISTRATOR IN CONJUNCTION WITH THE
OAKLAND BASE REUSE AUTHORITY (OBRA) IN SUPPORT OF
CONVEYANCE OF OAKLAND ARMY BASE (OARB) FROM THE
DEPARTMENT OF THE ARMY;
1) A CITY COUNCIL RESOLUTION AND AN OAKLAND
REDEVELOPMENT AGENCY RESOLUTION AMENDING THE
OAKLAND BASE REUSE AUTHORITY JOINT POWERS
AGREEMENT TO ELIMINATE THE COUNTY OF ALAMEDA
AS A PARTY, TO RECONSTITUTE THE MEMBERSHIP OF
THE GOVERNING BODY, AND TO EXTEND THE TERM AND
EXPAND THE PURPOSES OF THE AUTHORITY;
2) AN AGENCY RESOLUTION AUTHORIZING OBRA TO
ADMINISTER FUNDS RECEIVED FROM THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR
ENVIRONMENTAL REMEDIATION PURPOSES
3) A. CITY COUNCIL RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MUNICIPAL SERVICES
AGREEMENT WITH THE OAKLAND BASE REUSE
AUTHORITY (OBRA) FOR THE PERIOD OF JULY 1, 2002 TO
JUNE 30, 2003 IN THE AMOUNT OF ONE MILLION, ONE
HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS
($1,140,000.00) AND AUTHORIZING OBRA TO ADMINISTER
FUNDS RECEIVED FROM THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR ENVIRONMENTAL
REMEDIATION PURPOSES;
4) AN ORDINANCE TO ALTER THE PORT AREA BOUNDARY
TO INCLUDE AND EXCLUDE VARIOUS SPECIFIED PARCELS
AT AND ADJACENT TO THE FORMER OAKLAND ARMY
BASE
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July 15, 2003
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001
Robert C. Bobb 2
June 24, 2003
EXECUTIVE SUMMARY
Transfer of Oakland Army Base (OARB) property from the Department of the Army to the
Oakland Base Reuse Authority (OBRA) under a no-cost Economic Development
Conveyance (EDC) is expected by the end of July 2003. Since OBRA's last conveyance
report and resolution to the City Council/Oakland Redevelopment Agency (ORA) in July
2002 (Agency Resolution No.02-69), OBRA staff has successfully negotiated and reached
agreement on the major actions in support of conveyance and the Agency's eventual
acquisition of the Anny Base property.
On September 27, 2002, OBRA and ORA signed an Economic Development Conveyance
Memorandum of Agreement (MOA) and supporting agreements with the Army for the
conveyance of 3 )66 acres of the Oak-land Army Base at zero cost. It was critical to complete
all relevant documents by September 30, 2002, in order to preserve the no-cost EDC, since
the Army had to obligate funds for OARB environmental remediation by that date. OBRA
secured a commitment of $13 million from the Army for that purpose.
OBR-A's Economic Development Conveyance is occurring under a Finding of Suitability for
Early Transfer (FOSET), or early transfer authority, from the Army. This is the "risk-based"
approach used successfully by the Brownfields economic development initiative, authorized
by the federal Environmental Protection Agency (USEPA) and the California Environmental
Protection Agency, Department of Toxic Substances Control (Cal EPA DTSQ.
The request for a covenant deferral of federal environmental law to enable the early transfer
of the Army Base is currently under review by the office of Governor Davis. It is necessary
that the Governor approve this proposal in order for the actual federal transfer to take place.
Since making the strategic decision to receive the EDC property under a FOSET, OBRA
launched an exhaustive environmental assessment and remediation planning program to
meet federal and state requirements for the Early Transfer. OBRA has been responsible for
the development, negotiation and entry of all agreements related to the Army Base
conveyance, on behalf of the Agency, which will be the eventual implementing agency for
the City. Three years after transfer of the Army Base deed, OBRA will convey the property
to the Oakland Redevelopment Agency, and certain property to the Port of Oakland.
One of the primary partners of OBRA is the Port of Oakland. Per the proposed
Memorandum of Agreement between the Agency/City, OBRA and Port, the Port has been
participating in the development, negotiations and meetings with the Army and key state
agencies. In addition to its conveyance actions, the Port is a major tenant of OBRA, and is
contractually responsible for the operations and maintenance of the utility services for the
Army Base.
This report presents a surmnary of the conveyance and environmental program for the
Oakland Arrny Base completed by OBRA, as well as actions planned for the future. It also
describes the Army Base leasing program conducted by OBRA and the status of OBPA's
agreements with its conveyance partners.
Robert C. Bobb 3
June 24, 2003
In order to complete the conveyance of the Army Base, this report also recorrunends critical
actions to be taken by the Council and the Agency.
FISCAL IMPACT AAALYSIS
The Oakland Base Reuse Authority is responsible for covering all costs associated with the
Oakland Army Base Conveyance Program, including personnel, certain city services,
operational expenses, and professional services costs such as legal, environmental, property
management, engineering, and leasing support required for various conveyance actions. In
addition to covering direct program costs, OBRA has, from 1999 tluough 2003, reimbursed
the Oakland Redevelopment Agency for certain Agency and City staff support for services
related directly to the closure, reuse, and redevelopment of the Oakland Army Base. The
funding source is, and remains, revenues from the OBRA Leasing Program, which can only
be used to support activities as agreed to in the Memorandum of Agreement between the
Army and OBRA and the Redevelopment Agency.
Council and Agency Resolutions to Amend the OBRA Joint Powers Agreemen
This item has no fiscal impacts.
Agency and Council Resolutions Authorizing OBRA to Administer Funds Received
from the California Department of Transportation for Environmental Remediation
Purposes
OBRA requests authorization to administer approximately S5.6 million, plus interest
earnings, which have been set aside to ftind the cost of reniediation of environmental
conditions at the Army Base. (OBRA's authority to administer the funds is necessary to
provide the California Department of Toxic Substances Control with the financial assurance
that OBRA is able to fund the difference between the estimated cost of environmental
remediation, and the total amount of funds being provided by the Army to undertake
cleanup.) The source of funds is one-half of a settlement agreement arising from federal and
state legal actions filed by the City, in conjunction with OBRA, the Oakland Redevelopment
Agency, and the Port of Oakland against Caltrans and the Federal Highway Administration
regarding the conveyance of interest of parcels of land at the Oakland Army Base; the
parties settled, and Caltrans paid SI 1.6 million dollars. Pursuant to a Memorandum of
Agreement among the ORA, OBRA, and the Port (previously approved by the Council), the
City, ORA and OBRA have split the S I 1.6 million dollar settlement equally with the Port.
No outlay of funds by OBRA, the Agency or the City is required under this item.
Council Resolutions Authorizing the Cfty Manager to Enter into a Municipal Service
Agreement with OBRA
OBRA proposes entering into a municipal services agreement with the City for the fire
protection services and police services for the Oakland Army Base which have been
I
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June 24, 2003
provided in the current fiscal year, 2002-2003, in the amount of $1.140 million, renewable
annually.
Ordinance to Alter the Port Area Boundary to Include and Exclude Various Specified
Parcels at and Adeacent to the Former Oakland Army Bas
This proposed ordinance is pursuant to the pending Memorandum of Agreement for
conveyance and development of the Oakland Army Base between the City/Agency and
OBRA and the Port of Oakland, and has no fiscal impact.
BACKGROUND
The Oakland Base Reuse Authority was constituted in 1995 as a Joint Powers Authority
between the Oakland Redevelopment Agency, City of Oakland, and County of Alameda as
the local reuse authority charged with conducting the reuse planning and conveyance of
closing military facilities in Oakland. In September 1995, Oakland Army Base was
announced for closure by the federal Base Reuse and Alignment Commission (BRAQ; on
September 30, 1999, the Army decommissioned the base.
OBRA signed a Master Lease with the Army in June 1999, and be-an its interim leasing
program, assuming responsibility for the operations and maintenance of the base property
and utilities. Since then, the interim leasing program has reached 95 percent capacity with
more than 70 tenants generating hundreds of jobs. All of OBRA's operations are currently
funded from interim leasing revenues.
In July 2002, the OBRA Governing Body adopted its Final Reuse Plan for Oakland Army
Base and the City Planning Commission, on behalf of the City, certified the Final
Environmental Impact Report (FEIR) for the OARB Redevelopment Area. OBRA and the
Port, as responsible agencies to the EIR, participated in its development.
With reuse planning completed, OBRA has focused during the past year on expediting
conveyance of the Army Base. Since July 31, 2002, OBRA has successfully negotiated and
executed a number of key agreements with the Department of the Army and the state DTSC
required for the EDC and the Early Transfer agreement.
In May 2003, OBRA staff submitted a package of the executed documents to the Army and
DTSC. DTSC then sent them with its recommendation to the Office of the Governor for
approval of the FOSET and the EDC transfer. The Governor's approval is expected this
summer, clearing the way for deed transfer of the EDC property to OBRA by the end of July
2003.
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June 24, 2003
KEY ISSUES AND IMPACTS
1. SUMMARY OF CONVEYANCE ACTIONS AND AGREEMENTS:
COMPLETED AND GOING FORWARD PLAN
ENVIRONMENTAL AND RELATED ACTIONS IN SUPPORT OF EARLY TRANSFER
M Environmental Impact Report (EIR)
In July 2002, after meeting the information requirements of various state regulatory bodies,
the Environmental Impact Report (EIR) for the Oakland Army Base (OARB)
Redevelopment Area was certified by the City Planning Commission. The EIR examined
potential environmental impacts that would result from development of the OARB in
conformance with the reuse scenario identified in the OARB Reuse Plan, as well as other
reuse alternatives. Certification of the EIR now facilitates OARB development by providing
the ORA with adequate information upon which to evaluate and ultimately approve specific
development proposals. The EIR effort also included preparation of a Mitigation
Monitoring Report Program (MMRP), which will aid the ORA in ensuring that appropriate
mitigations are incorporated into any development project approved for the site. In addition,
the MMR-P guides OBRA and the Port, as responsible agencies, in ensuring compliance with
the mitigation requirements of projects under their control.
0 Finding of Suitability for Early Transfer (FOSET)
The Department of the Army will transfer the EDC property to OBRA by means of a
Finding of Suitability for Early Transfer (FOSET). The FOSET allows the transfer of the
property prior to completion of the legally mandated remedial actions. Early Transfer
occurs under a "covenant deferral" of a section of the federal Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) that assumes that the remedial action
necessary to protect human health and the environment will be conducted after transfer,
pursuant to legal agreements.
The FOSET comprises an array of interrelated assessments, findings and agreements which
OBRA conducted and executed. This effort has involved a close and sustained coordination
with the state DTSC, the U.S. Environmental Protection Agency and the Army.
On April 30, 2003, OBRA and Army staff met with representatives of the DTSC to discuss
the final steps required to complete the FOSET package. Subsequently, DTSC briefed
representatives from the California EPA and presented the FOSET package to the
Governor's Office on May 21, 2003. The request for a covenant deferral of federal
environmental law to enable the early transfer of the Army Base is currently under review
by the office of Governor Davis. It is necessary that the Governor approve the covenant
deferral request in order for the actual federal transfer to take place.
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June 24, 200' )
The FOSET package included the final FOSET and its attachments, all of the executed
agreements, and additional attachment memos which were prepared by the DTSC. The
attachment memos included a description of the financial assurances being provided by
0BRA/ORA/City and the Port, an explanation of cleanup remedies, a discussion of the role
of other state agencies, and a summary of each of the major documents included as part of
the FOSET.
Key FOSET attachments are described below. Other attachments to the FOSET included:
an MOA between the Army, DTSC and the California EPA's Regional Water Quality
Control Board; legal description of the property; regulatory and public Comments received
by the Ax-my; and a list of documents that provide information on the environmental
condition of the property at the OARB.
0 Environmental Services Cooperative Agreement (ESCA)
The Environmental Services Cooperative Agreement (ESCA) signed between the
Department of the Army, OBRA and the Redevelopment Agency, was one of the final
environmental documents required to execute the Army's FOSET. The ESCA implements
the Early Transfer by binding both the Army and the transferee (OBRA/0RA) to
environmental cleanup responsibilities on the transferred property.
The ESCA is the agreement that codifies the Army's funding obligation and OBRA's
Environmental Services responsibilities for post-conveyance environmental remediation at
the OARB. Not only does it specify the amount for which the Army is obligated, but it
binds both the Army and OBRA to performance responsibilities.
The ESCA is the federal authority for the Army to transfer a negotiated fixed amount of
funding to OBRA for environmental cleanup. The Army has committed SI 3 million for its
funding obligation for environmental remediation at the base. OBRA, with the approval of
the City Manager and in consultation with the Port of Oakland, entered into a Memorandum
of Agreement with the Army to formally accept this amount on August 20, 2002. In
addition, the Army conducted the demolition of Building 1, representing $2 million worth of
work. Building I constituted a human health hazard, and was identified by the state DTSC
as one of the seven sites requiring immediate remediation . The Army's funding will cover
environmental insurance premiums and a portion of the total environmental rernediation
funding, which is estimated at close to $22 million. OBRA and the Port will each contribute
approximately S6 million to fund the balance.
5 Remedial Action Plan and Risk Management Plan
The scope and detail of the required cleanup are contained in OBRA's Remedial
Action/Risk Management Plan (RAPIRMP) for the OARB. The RAP identifies and
evaluates potential remedial alternatives for sites of environmental concern at the Oakland
Anny Base. Seven sites were identified that require RAP treatment within five years.
Following approval of the FOSET package. OBRA, in coordination with the Port, must
Robert C. Bobb 7
June 24, 2003
prepare detailed implementation plans for each of the seven RAP sites for submission to
DTSC.
The RMP is a companion document to the RAP. The RMP provides a decision framework
for the management of residual chemicals in soil and groundwater at areas of the OARB.
OBRA's proposed RMP approach will be managed and implemented through a phased
program over ten years, consistent with the schedule for redevelopment.
The RAP/RMP approach was described in the Draft EIR, and was subject to the EIR public
comment process. The Port of Oakland, as a future land user, had to concur with the
RAP/RMP. After a DTSC 30-day public comment period in July-August 2002, DTSC
formally approved the RAP/RMP and related Consent Agreement between DTSC, OBRA
and the Agency.
a Environmental Covenants, Conditions and Restrictions
This document addresses the land use restrictions to protect the environment and human
health that will be attached to the deed. As the OARB EDC property is being conveyed
under a FOSET, it is necessary to the Army that the land use restrictions identified as needed
travel with the deed.
0 Consent Agreement with State of California
The Consent Agreement between DTSC, OBRA and the Agency certifies that the
rernediation requirements and processes established between OBRA and the Army are
functionally equivalent to and consistent with the environmental requirements of the state
DTSC. It is expected that Governor Gray Davis will sign the Consent Agreement, approving
the transfer under a FOSET of the EDC property in July 2003.
The Consent Agreement will bind the Owner (OBRA and the Redevelopment Agency) to
enter into enviromnental restrictions on the site as necessary to protect human health and the
environment, and require the rernediation of the property consistent with the approved
RAP/R_MP and schedule, and to comply with other applicable state laws and regulations.
0 Financial Assurances
As part of the financial assurances to be provided by OBRA, the DTSC requested that the
OBRA Board pass a Resolution supporting the Oakland Base Reuse Authority's financial
commitment. On May 19, 2003, OBRA approved a Resolution demonstrating OBRA's
commitment to provide assurances and funds necessary to ensure the implementation and
completion of all environmental actions at the Oakland Army Base required under the
Consent Aereernent between OBRA, the City of Oakland, and the DTSC. The Council and
Agency approved similar resolutions on June 3, 2003.
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June 24. 200' )
0 Additional Environmental Site Assessment
As part of preparation for the possible transfer of the Army Reserve Parcel (Subaru Lot) by
means of a FOSET, OBRA's consultant, Erler & Kalinowski, Inc. (EKI) completed a review
of available information and prepared a technical memorandum summarizing the existing
site assessment data, dated April 9, 2003. On behalf of OBRA, EKI has also prepared and
implemented a Phase 11 Investigation Work Plan for the Subaru Lot. Initial sampling results
were received in early June 2003. Based on the sampling results, discussions and
negotiations will continue with DTSC to determine the amount of information required to
complete an Addendum to the RAP/R-MP Program.
The Early Transfer of the Subaru site from the Army Reserve will require the creation of a
FOSET by the Army, an addendum to the RAPIRMP, a Consent Agreement with the DTSC,
a Land Use Covenant with the DTSC, and financial assurances by OBRA and the ORA.
5 OBRA Tenant Environmental Compliance Program
On May 15, 2003, OBRA staff held a meeting with tenants to discuss the environmental
obligations contained in the OBRA Lease and how the RAP[RMI? program may impact their
operations. Additional infort-nation was mailed to all tenants on May 16, 2003. OBRA has
begun to expand the Environmental Compliance and Asbestos Notification and Inspection
Programs to meet anticipated insurance requirements and provisions of the Port/City MOA.
A regular inspection and reporting program for tenants will be implemented to ensure
compliance with all applicable environmental permits and environmental lease
requirements. OBRA will coordinate some hazardous materials inspections with the
Oakland Fire Department Office of Emergency Services and with the Public Works Agency
for Storm Water Inspections. Staff will work with the San Francisco Bay Area Regional
Water Quality Control Board to ensure that Caltrans maintains proper environmental
controls on its Bay Bridge replacement work in the Pier 7 area.
REAL ESTATE ACTIONS IN SUPPORT OF OARB DEED TRANSFER
E Economic Development Conveyance (EDC) Memorandum of Agreement
The purpose of the Economic Development Conveyance Memorandum of Agreement (EDC
MOA) is to provide a framework for the conveyance, setting forth the roles, responsibilities
and binding commitments of the parties: the Army, OBRA and the Oakland Redevelopment
Agency (ORA). The EDC MCA addresses transfer of title of approximately 366 acres of
the fortner OARB at no cost to OBRA under the Army's Finding of Suitability for Early
Transfer (FOSET). It outlines the funding support which the Army will provide to OBRA
pursuant to the ESCA (see above) and describes the terms and conditions under which the
actions will occur.
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June 24, 200' )
a ALTA Survey and Legal Description of EDC Property
As part of the EDC process and deed transfer of the EDC property OBRA is required to
complete a boundary survey, to be included in the transfer deed, identifying the subject
parcel to be conveyed. Additionally, OBRA is negotiating a title insurance policy to protect
against any future claims or encumbrances on the EDC property. In conjunction with the
proposed title insurance policy, First American Title Insurance Company representatives,
OBRA's title insurance company, and City of Oakland Real Estate Department staff
recommended. and participated in, the completion of an American Land and Title
Association (ALTA) Survey to assess the title information and records at OARB. which
include various federal and state condemnation actions, various rail company grants, City of
Oakland charter and Port of Oakland charter agreements/characteristics, and Tideland Trust
designations. The ALTA Survey will provide the basis for an extended coverage title
insurance policy.
During the process of researching potential surveyor contractors, the City of Oak-land Real
Estate Department, First American Title Insurance company representatives, and OBRA's
Tidelands Trust attorney provided OBRA with three surveyors with the qualifications and
experience to complete the complicated ALTA survey at the Oakland Army Base. OBRA
and the Port of Oakland agreed to retain the services of Towill, Inc., a frequent contractor of
the Port of Oak-land, and a highly recommended and experienced surveying company.
The Towill, Inc. Scope of Work (SOW) for the Work Plan for Land Surveys and Mapping
Services to Support an Economic Development Conveyance of the Oakland Army Base
included:
1. Preliminary Legal Descriptions; and
2. ALTA Survey; and
a. Research and Record Data
b. Boundary Survey
c. Mapping of all encumbrances
d. Mapping of ALTA standard detail requirements
3
.). Final Legal Descriptions for EDC; and
4. Record of Survey.
5. Boundary Survey for California Department of Transportation (CDT) 1-880 Deed
transfer area
6. Legal Descriptions and Mapping of CDT 1-880 area
7. Mapping Services for DTSC,'FOSET transaction package
8. State Lands Exchange related mapping services
9. Preliminary City-Port N40A related mapping services
0 Title Insurance Policy for EDC Property
City of Oakland real estate policy recommends, and standard business practice suggests, that
real property transfers be accompanied by title insurance from a recognized title insurance
I
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June 24, 2003
company to protect against future real property claims against the EDC property. Based on
recommendations by the Port of Oakland, BT Commercial, OBRA's real estate brokerage
company, and Legacy Partners, OBRA's property management team, as well as by OBRA's
State Lands counsel, OBRA staff working in conjunction with City's Real Estate
Department staff selected First American Title Company as its title insurance provider. First
American is an industry leader, its staff has extensive experience with State Lands
transactions and federal transactions, as well as a long history of providing the City of
Oakland and the Port of Oakland with title insurance.
The cost of title insurance is based on the coverage requested and the value of the real
property to be insured. Because of the nature of the conveyance, and the form of the deed
transfer, OBRA staff and City of Oakland Real Estate Department staff recommend
extended coverage policy which typically costs approximately 20% to 25% more than
standard coverage. Additionally, title insurance is usually valid only for the real property
transaction for which the policy is issued to insure. For example, in this instance the policy
would insure the real property transfer of the approximately 364 acres of the EDC property
from the Army to OBRA. However, the complex and multi-layered OARB EDC transaction
will require various subsequent title transfers during the course of the next three years,
which in practice may necessitate additional title policies. OBRA will fund the policy cost
for the initial Army-to-OBRA transfer.
EDC Deed
Staff received OBRA Governing Body authorization to negotiate and enter into an
Economic Development Conveyance (EDC) Deed for the transfer of the approximately 364
acres of the EDC Property, together with all buildings, facilities, roadways, fixtures and other
improvements, subject to valid and existing easements, and any other encumbrances made
for the purpose of roads, streets. utility systems, and/or other valid agreements.
The EDC Deed is, and shall be, consistent with: (a) the terms of the EDC MOA; (b) the
requirements of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA); (c) the OARB Finding of Suitability for Early Transfer (FOSET); (d) other
Federal and State legal and policy requirements; and (e) the Army's post-transfer
environmental remediation obligations.
The EDC Deed requires OBRA to accept and agree to the Environmental Covenants,
Conditions and Restrictions (ECCR's), as agreed to by and between OBRA, Anny and
California Environmental Protection Agency, Department of Toxic Substances Control
(CalEPA DTSC), with respect to the utilization and occupation of the EDC property. The
ECCR's expressly notify OBRA that the property may contain asbestos, lead-based paints,
and/or equipment containing Polychlorinated Biphenyls ("PCBs"). Additionally, the
ECCR's require OBRA to: (i) comply with all applicable laws relating to asbestos, lead-
based paints, and equipment containing Polychlorinated Biphenvls ("PCBs") and (ii) accept
the EDC Property subject to land use restrictions, more particularly described below:
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June 24, 2003
(a) Residential uses, hospitals, medical care facilities, day-
care/child-care facilities, and schools, unless DTSC specifically authorizes such uses on a
particular site. DTSC has specifically authorized the continue@ use of the following existing
buildings for residential, day-care/child-care, and schools: Buildings 796, 740, 655 and 650
for a period of five additional years beyond conveyance.
(b) Use of groundwater for drinking water, or the disturbance or
management of groundwater, except in compliance with applicable RMP procedures for
managing dust and groundwater.
(c) Construction activities in the subsurface areas of the Proper-tv,
except in compliance with applicable RATP procedures for managing soils.
Furthermore, pursuant to the EDC Deed ECCR's, the United States of America, Department
of Army represents that no evidence of any radiological material, chemical or biological
warfare agents, unexploded ordnance or abandoned ordnance exists at the Oakland Army
Base. Furthermore, in the event any such material, agents, ordnance, or other Army-
Retained condition is ever discovered or suspected to reside on or around the EDC property,
the Army shall be solely liable and responsible for the safe, timely disposal of any such
material or condition, in compliance with all applicable laws and regulations.
5 Easement Agreements
Staff received Governing Body authorization to negotiate and enter into an easement or
license agreement with the Burlington Northern Santa Fe Railway Company (BNSF) and/or
the Oakland Terminal Rail Company (OTR) for a temporary use of an existing rail spur and
yard space for an adjacent existing office trailer located within the Baldwin Yard area of the
EDC property. The purpose of the agreement would be to provide BNSF/OTR adequate
time to relocate their facility and equipment to location outside the EDC property.
Staff requested Governing Body authorization to negotiate and enter into an easement
agreement with Pacific Gas and Electric Company (PG&E) for continued location,
maintenance, repair and operation of gas pipelines and electric lines at the Oakland Army
Base. For the most part the gas pipelines and electric lines are located within public streets at
the Army Base and are subject to State and City franchise agreements, however, a small
portion of the facilities are located in areas outside of the franchise, and threfore the small
facility portions, noi subject to the franchise, require an easement agreement.
Staff's goal with respect to each agreement is to minimize the potential development
impacts and constraints attendant to the considered use, while providing, in the case of
PG&E. the potential grantee with a necessary land use.
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June 24, 2003
0 Interim Leasing Program and Conversion to Direct OBRA Lease
On April II, 2002, OBRA and the Army executed Supplemental Agreement No. II to the
OARB Master Lease. The purpose of Supplemental Agreement No. 1 1 was to provide the
State of California Department of Transportation (Caltrans) with the ability to retain a
temporary construction easement at the Oakland Army Base. A by-product of the agreement
was the effective extension of the Master Lease to December 31, 2010.
Staff is confident the conveyance of OARB will be completed in the summer of 2003. As
noted above, upon conveyance OBRA staff will begin the three-year process to complete the
Tidelands Trust Exchange and subsequently effect the transfer of the West of Maritime
portion of OARB to the Oakland Redevelopment Agency and the East of Maritime portion
of OARB to the Port of Oakland.
The Oakland Base Reuse Authority Interim Leasing Program has entered its fourth year.
The four million square foot Oakland Army Base (OARB) Leasing Program tenant portfolio
includes: (i) warehouse leases, (ii) yard space leases (iii) office space leases, and (iv)
specific federal base reuse related leases. As of the writing of this report, of the
approximately 4.2 million square feet of leaseable space at OARB, approximately 3,997,932
square feet of space is leased, which equates to an occupancy rate of 95%. The unleased
square footage includes approximately 233,640 square feet of warehouse space currently in
for lease, and approximately 6,000 square feet of unleased fenced yard space.
As OBRA nears the actual conveyance of the Oakland Army Base property, the Leasing
Program is in the process of being revised to reflect the anticipated ownership interest of the
Oakland Base Reuse Authority. Upon conveyance of title to the Army Base from the Army
to OBRA the effect of the property transfer, and the terms and conditions of the EDC MOA:
(i) require termination of the Master Lease, and attendant Subleases, (ii) cause a change in
the relationship between OBRA and its tenants to that of Lessor and Lessee, and (iii)
necessitate the development, negotiation and signature of direct leases between OBRA and
specific tenants. Additionally, staff will continue close management of the Leasing Program
to maximize revenue generation and limit expenditures.
The OBRA Governing Body has approved the continuation of the OARB Leasing Program
during the above referenced three-year period. Staff received Governing Body authorization
to provide leases to tenants at OARB on a phased approach based on: (i) tenant's building
or site location, (ii) tenant's rent payment and business practice history at OARB, and (iii@
tenant's ability to relocate their operation at the term of the lease agreement.
The OBRA Lease agreement will provide OBRA with the ability to continue the leasing
program and support all necessary components of the OARB FOSET and environmental
remediation program. Additionally, the OBRA Lease agreement will provide OARB tenants
with the opportunity to continue utilizing their current premises under similar terms and
conditions as provided in the existing OARB Sublease agreement.
Robert C. Bobb 13
June 24, 2003
AGREEMENTS WITH CONVEYANCE PARTNERS
0 City/OBRA-Port Memorandum of Agreement for Conveyance of OARB
In September 2002, the Oak-land City Council, the Oakland Redevelopment Agency, the
Oakland Base Reuse Authority and the Board of Commissioners for the Port of Oakland
approved proposed terms and conditions for a comprehensive Memorandum of Agreement
(City-Port MOA) which would detail the programmatic and fiscal responsibilities of each
agency for the Oakland Army Base conveyance program.
The City-Port MOA will provide for the transfer of the East of Maritime Street and certain
waterfront property and other parcels to the Port of Oakland. Included in the MOA terms
are joint obligations for: unfunded environmental cleanup costs; environmental rernediation
program management; funding the Alternate Homeless Assistance Accommodation;
property conveyance requirements; establishment of a Community Trust Fund; coordination
of the Tidelands Trust Exchange Agreement; coordination of expected EIR mitigation
program requirements; development program coordination, including dispute resolution, if
the need should arise; and other provisions.
Based on the approved business terms, OBRA staff prepared a draft MOA in December
2002, and received comments from the Port of Oakland in mid-January 2003. Staff is
working Lo complete the final elements and the various exhibits and schedules to the MOA.
a State Lands Tidelands Trust Exchange
Because portions of the Army Base to be developed by the Redevelopment Agency are
currently located on public trust land, under the jurisdiction of the State Lands Commission,
OBRA and the Port of Oakland have agreed to seek an exchange of the Tidelands Trust
designation from the State Lands Commission from land west of Maritime Street which the
City will develop to the Port's development area on the cast side.
This exchange would allow the City to maximize the economic development potential of its
area, while the activities planned for the Port development area are consistent with the
tidelands trust. As the major beneficiaries of the Army Base conveyance, OBRA and the
Port will jointly undertake the tasks required for the trust exchange process.
OBRA's Trust Exchange design consultant, BMS Design Group, is close to completion of a
conceptual open space plan and exchange mapping of the base development areas. Initial
base maps were provided by the Port's surveyor consultant for the ALTA survey. The draft
plan and maps wilt support OBRA's negotiations with the State Lands Commission to
approve a Tidelands Trust exchange at the Army Base.
Robert C. Bobb 14
June 24. 2003
The exchange will involve not only securing the approval of the State Lands Commission,
but the approval of the office of the state Attorney General and the state DTSC as well. The
exchange also will require state legislation to be prepared and sponsored for the 2004
legislative session. OBRA plans to work closely with the City's state lobbyists and state
legislative representatives on this effort.
a East Bay Regional Parks District
The East Bay Regional Parks District (EBRPD) will receive approximately fifteen (I 5) acres
ofArmy Base land at the tip of the south side of the Bay Bridge eastern approach, known as
the Spit, to develop as a public park and open space. The EBRPD transfer will occur under
a Public Benefit Conveyance (PBC) directly from the Department of the Army to the U.S.
Department of the Interior, National Park Service, on behalf of the EBRPD.
The new park will be known as the Gateway Regional Park and will connect to the Bay
Trail, as well as to the pedestrian and bicycle amenities which will be part of the new
Eastern Span of the Bay Bridge. The park will open a dramatic stretch of shoreline of San
Francisco Bay which has previously not been accessible to or useable by the public. The
new park will encourage "passive" uses compatible with preserving habitat and enjoying the
views.
Development of the new park will not begin until the work by the California Department of
Transportation's (Caltrans') Bay Bridge Replacement Project is complete, in approximately
seven to ten years. The Army will conduct the environmental remediation prior to transfer,
and will convey the property under a Finding of Suitability to Transfer (FOST).
0 Acquisition of Subaru Lot from U.S. Army Reserve and Future Development
While OBRA pursues the various tasks described above in this report, the Oakland
Redevelopment Agency (ORA) is concurrently underway with several actions to transition
the OARB into an economic development project once conveyance occurs. Developers
representing Costco Stores have approached the ORA with plans to develop a store on the
Subaru Lot portion of the OARB, and the ORA is initiating pre-development actions to
facilitate the project. Chief among them are the following:
While OBRA prepares appropriate documents to facilitate the environmental
remediation requirements to obtain the Subaru site from the Armv Reserves throuah
the FOSET mechanism mentioned earlier in this report, ORA is conducting project-
level analysis of the Costco proposal to determine the traffic and other potential
environmental impacts associated with the proposed development. This information
will be incorporated where appropriate into the Environmental Impact Report (EfR)
that was prepared in 2002 for the OARB Redevelopment Project. This will position
the ORA to ensure that appropriate mitigations are in place to both facilitate
immediate development of the Subaru site and not thwart pending development of
the remainder of OARB at a future time.
Robert C. Bobb 1 5
June 24, 2003
• The ORA is also pursuing an amendment of the Redevelopment and Implementation
Plans that were prepared in 2000 for the adoption of the OARB Redevelopment
Area. These documents were approved by the ORA prior to the reconfiguration of
the OARB, and currently reflect the earlier land use scenario where development was
to occur on OARB's east of Maritime area, and the Port was to operate in the West
of Maritime area. Actions will be taken to make these redevelopment documents
consistent with the reuse scenario identified in the Final OARB Reuse Plan.
• Additionally, the ORA is initiating zoning review of the Costeo project, with the
intent of concluding all required development approval processes by this Fall which
will coincide with the anticipated conclusion of conveyance actions.
• Lastly, once the Subaru parcel has been conveyed to OBRA, actions will be taken to
immediately transfer the Subaru parcel from OBRA to the ORA, and then from the
ORA to a developer (for the Costco project). Negotiations with Costco sponsors for
a final purchase price will reflect the findings and/or requirements of the activities
mentioned above as well as the financial appraisal report that has been prepared for
the site.
The overall objective of the ORA's participation in this effort will be to render the Subaru
site immediately availablefor construction of a development at the conclusion offederal
conve -vance actions. This effort will be thefirst major step towards reali--ing the economic
development and job generating goals for the Gateway Development Project long
establishedfor this area of the city.
Revised Legally Binding Agreement with the Alameda County Homeless
Collaborative Memorandum of Agreement between OBRA, Redevelopment
Agency and Alameda County Homeless Collaborative
As OBRA nears completion of the critical federal and state conveyance requirements, staff
will resume its joint efforts with Port staff to revise the Legally Binding Agreement (LBA)
with Alameda County Homeless Base Conversion Collaborative (Collaborative) for the
OARB Homeless Assistance Accommodation. Federal base conversion law requires that
military base closure communities include a homeless assistance accommodation in their
base reuse plans.
The Collaborative currently conducts or sponsors a variety of programs on the Army Base,
including its own Workforce Development Campus and Jobs Linkages Program, as well as
social service programs by other providers and the Alameda County Community Food Bank.
A revised LBA is necessary because the accommodation provided by the original LBA,
signed in May 1999 by OBRA, the Agency and the Collaborative, cannot be implemented as
a result of the 2001 reconfiguration of the OARB development areas to comply with a
consistency determination by the San Francisco Bay Conservation and Development
Commission. Therefore an "Alternate Accommodation" must be negotiated and must
Robert C. Bobb 1 6
June 24, 2003
provide substantially equivalent buildings and property, or other payments as the initial
accommodation, and may include off-site accommodations. As part of the Alternate
Accommodation, the OBRA Governing Body, in January 2003, approved zero-cost leases
for the Collaborative members that are currently OARB tenants. Under the terms of the
City-Port MOA, the Port will be contributing equally to the Alternate Accommodation.
Memorandum of Agreement with the Painters and Decorators Joint
Apprenticeship Training Committee of the Bay Area (JATC)
The Painters and Decorators Joint Apprenticeship Training Committee of the Bay Area
(JATQ currently conducts training in the painting trades on the Army Base, utilizing vacant
OARB buildings which will be demolished by the Port development, scheduled to start three
years after conveyance.
In furtherance of their commitment to providing apprenticeship training facilities and
workforce development opportunities, the Agency and OBRA will enter a Disposition and
Development Agreement (DDA) with JATC for conveyance of three acres at the Army Base
that could be dedicated for such a program. The conveyance will be at no cost, assuming
JATC's agreement to comply with all conditions of transfer, which will be included as
restrictions of the deed.
The DDA will be in lieu of JATC's original intention to seek land at the base under a PBC,
with the U.S. Department of Education as the federal sponsoring agency for the conveyance.
However, the Department of Education can only accept BRAC land from the Army that
meets the environmental cleanup standard required for transfer under a Finding of
Suitability for Transfer (FOST). Subsequent to JATC's PBC application, the Army
determined that no portion of the Army Base was currently suitable for transfer by means of
a FOST. As a result, the Education Department could not take title under a PBC for the
benefit of JATC.
0 Community Trust Fund
In response to concerns of the West Oakland community, OBRA and the Port agreed to
establish and jointly fund a Corrimunity Trust Fund that will directly benefit the community.
In 2002, OBRA conducted the outreach and selection to identify a consultant to advise on
setting up the fund, selecting the Oakland-based National Economic Development and Law
Center (NEDLEC).
The Community Trust Fund consultant has been conducting outreach to neighborhood
associations to inform them of the Trust, assess community needs and notify the public of
the consultant's responsibility to develop a framework for the prospective Trust. Outreach
and assessment are the first phases of the consultant's approved Scope of work, under its
contract with OBRA.
NEDLEC consultants are working with the West Oakland Community Advisory
I
Committee's (WOCAG) Community Trust Committee to coordinate project activities. A
Robert C. Bobb 17
June 24, 2003
district-wide community meeting to advise the larger community of the Trust and the work
to-date was held this spring.
It is contemplated that the Redevelopment Agency agreements with a developer for the
Gateway Development Area will include a requirement that the developer fund the Agency's
$2 million contribution. Early discussions with State Lands Commission staff have indicated
their concerns regarding the use of trust impressed funds for the proposed $2 million
contribution by the Port of Oakland, unless the uses are restricted to trust eligible uses.
OBRA worked jointly with the Port to negotiate this restriction with State Lands
Commission.
11. COUNCIL AND AGENCY ACTIONS REQUESTED
Each of the actions required of the Council and Agency in support of conveyance is
summarized and discussed below.
1. AMEND THE OAKLAND BASE REUSE AUTHORITY JOINT POWERS
AGREEMENT TO ELIMINATE THE COUNTY OF ALAMEDA AS A PARTY,
TO RECONSTITUTE THE MEMBERSHIP OF THE GOVERNING BODY, AND
TO EXTEND THE TERM AND EXPAND THE PURPOSES OF THE
AUTHORITY
On April 28, 2003, the Oakland Base Reuse Authority (OBRA) Governing Body approved a
resolution recommending certain amendments to the OBRA Joint Powers Agreement (JPA)
and requesting the parties to the Authority to amend the JPA accordingly. The amendments
address: the parties to the JPA, the term of the JPA and purposes of the Authority, and the
composition of the Governing Body. The parties to the JPA are: the City of Oakland, the
Redevelopment Agency of the City of Oakland and the County of Alameda.
This report formally presents the Governing Body's amendment recommendations to the
City Council and Redevelopment Agency. On June 17, 2003, the Alameda County Board of
Supervisors will consider OBRA's recommendation that it vote to terminate its role as party
to the OBRA JPA. The "Restated and Revised JPA" will take effect upon the approval of
the remaining parties: the Oakland City Council and Oakland Redevelopment Agency.
Regional Parties to the JPA
With auidance from the Department of Defense Office of Economic Adjustment (DOD
OEA), the Oakland Base Reuse Authority was formed to deal with the immediate impacts of
the loss of military facilities in Oakland and to create a base reuse plan. OEA was the source
of OBRA's organizational and reuse planning grants. A broad regional representation was
sought to gather input for reuse planning purposes. Therefore, the composition of the
OBRA Governing Body drew from the V' Congressional district office, the County of
Alameda, the City of Alameda, and the Association of Bay Area Governments (ABAG), as
Robert C. Bobb 18
June 24, 2003
well as the Oakland City Council and Mayor. Under that governance, OBRA has
accomplished the reuse planning and main conveyance activities for the Oakland Army
Base.
Following conveyance, the remaining Army Base management, planning and environmental
responsibilities of OBRA will be City-focused, and will involve close interaction with the
Oakland City Council, Redevelopment Agency and the office of the Mayor. While OBRA
will continue to work with regional and other city government bodies on issues with
common impact, those agencies' direct involvement in decision-making for the Oakland
Arrny Base no longer is necessary.
Governing Body Recommendation: That the Countv of Alameda be terminated as a party
to the OBRA JPA.
Term and Purpose of OBRA
As originally conceived by the JPA, OBRA's duties would cease upon deed transfer of the
Anny Base property from the Army, causing the Authority to "sunset", or terminate, and
OBRA's rights, powers and interests would be assigned to the Oakland Redevelopment
Agency to start redevelopment of the property.
However, the CounciUAgency, in agreement with the Port of Oakland, agreed that
commencement of the redevelopment of the Army Base should not occur until
approximately three years after deed transfer. The agreements wl-@ch the City/Agency and
OBRA have executed with the Department of the Army and with the California
Environmental Protection Agency Department of Toxic Substances Control (Cal EPA
DTSC) in support of the Army Base conveyance and environmental rernediation programs
obligate OBRA to a number of clearly-defined responsibilities over the next three years.
N Environmental Remediation Obligations
Under the terms of its Early Transfer Agreement with the Army and its Consent Agreement
with the State of California, OBRA has the following obligations. During the three-year
period following conveyance, a phased environmental remediation program will be
implemented pursuant to the requirements of the Early Transfer agreements with the
Department of the Army and the state. Tl-@s is a highly-complex program that will require
coordination with the Port of Oakland as well as regulatory agencies.
0 Leasing Program
In addition, the Council/Agency, as part of conveyance agreements with the Port of
Oakland, agreed that OBRA should continue to conduct its Army Base interim leasing
program for three years after transfer in order to generate revenue for environmental
remediation and future base development to reduce any funding requirements of the
Redevelopment Agency.
Robert C. Bobb 1 9
June 24, 2003
E State Lands Tidelands Trust Exchange
Since portions of the Army Base to be developed by the Redevelopment Agency are
currently located on public trust land, under the jurisdiction of the State Lands Commission,
OBRA and the Port of Oakland intend to seek an exchange of the trust designation between
the lands to be developed by the Agency and those which will be developed by the Port.
This exchange would allow the City to maximize the economic development potential of its
area, while the activities planned for the Port development area are consistent with the
tidelands trust. As the major beneficiaries of the Army Base conveyance, OBRA and the
Port will jointly undertake the tasks required for the trust exchange process.
Therefore, in order to fully implement the Final Reuse Plan for Oakland Army Base, OBRA
has initiated actions with the State Lands Commission for an exchanue of state tidelands
trust designation on lands at the Army Base. Per the terms of the pending OBRA/City-Port
MOA, the technical work to achieve a Tidelands Trust exchange is underway. This project
also will include considerable negotiation with the State Lands Commission, political efforts
to draft and support state legislation, followed by the work to negotiate and execute an
Exchange Agreement. It is expected that those efforts will take the full three years.
W Economic Development Conveyance Memorandum of Agreement
OBRA also has clearly-defined responsibilities to carry out under the terms of its no-cost
Economic Development Conveyance Memorandum of Agreement with the Anny. These
responsibilities include special financial accounting, as well as reporting and auditing
requirements.
These activities are key to achieving the full implementation of the Final Base Reuse Plan
for Oakland Anny Base.
Governing Body Recommendation: That the term of OBRA be extended to three years after
the date of deed transfer and that thepurposes of the Authority be expanded.
Governing Boft Membership
Other local reuse authorities have restructured their membership once the planning stage
was complete and OEA funding had ended. The Alameda Reuse and Redevelopment
Authority (ARRA), the local reuse authority for the former Alameda Naval Air Station, is
OBRA's closest example, created just ahead of OBRA and also located in Alameda County.
In early 2000, ARRA amended its J-PA to drop regional representation on its Governing
Body and to restructure its membership to include only Alameda City Council and Alameda
Community Improvement Commission members.
The cur-rent fPA provides for each member agency (i.e., party to the JPA) to appoint its own
representative to the OBRA Governing Body. The Mayor of Oakland has appointing power
from among the City Council members, with approval by the Council. At its meeting of
Robert C. Bobb 20
June 24, 2003
April 28, 2003, the Governing Body recommended that the Mayor also designate the OBR.,k
chairperson and vice-chairperson.
Governing Body Recommendation: That the composition of the OBRA Governing Bod 'v be
reducedftom nine tofive members, comprisingfour Oakland City Council members and the
Mayor of Oakland. The Mayor would appoint the otherfour (4) members of the Governing
Bodyfrom the Oak-land City Council, and would designate the OBRA chair and vice chair
Proposed Amendments:
In summary, the OBR-A Governing Body recommended that the OBRA Joint Powers
Agreement be amended as follows:
1. Delete the County of Alameda as a party to the JPA (first paragraph)
2. Revise OBRA's purpose (Section HA) to include the following purposes:
a. Operate a leasing program for Oakland Army Base;
b. Implement and manage an environmental remediation program as required by
the Consent Agreement with the State of California;
c. Administer an exchange of trust land for non-trust land at the Army Base.
3. Revise Paragraph IT, Sec. C, "Implementation of Base Reuse Plans " to provide
for the assignment, transfer and delegation of OBRA's rights, powers and interest
to the Oakland Redevelopment Agency three (3) years after Army conveyance of
the A=y Base property.
4. Change the composition of the OBRA Governing Body (Section VIA and
Amendment of July 9, 1996) to remove the following member seats: Alameda
County Supervisor. ABAG Director, Mayor of Alameda, and 91h Congressional
District Director.
The Mayor would appoint the other four (4) OBRA Governing Body members
from the Oakland City Council, and would designate the OBRA chair and vice
chair.
2. AUTHORIZE THE OAKLAND BASE REUSE AUTHORITY (OBRA) TO
ADMINISTER FUNDS RECEIVED FROM THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION FOR ENVIRONMENTAL REMEDIATION
PURPOSES
OBRA requests authorization to administer approximately $5.6 million, plus interest
earnings, which have been set aside to fund the cost of remediation of environmental
conditions at the Army Base. (OBRA's authority to administer the funds is necessary to
Robert C. Bobb 21
June 24, 2003
provide the California Department of Toxic Substances Control with the financial
assurance that OBRA is able to fund the difference between the estimated cost of
environmental remediation, and the total amount of funds being provided by the Army to
undertake cleanup.) The source of funds is one-half of a settlement agreement arising
from federal and state legal actions filed by the City, in conjunction with OBRA, the
Oakland Redevelopment Agency, and the Port of Oakland against CaltraDs and the
Federal Highway Administration regarding the conveyance of interest of parcels of land
at the Oakland Army Base; the parties settled, and Caltrans paid SI 1.6 million dollars.
Pursuant to a Memorandum of Agreement among the ORA, OBRA, and the Port
(previously approved by the Council), the City, ORA and OBRA have split the $11.6
million dollar settlement equally with the Port.
Recommendation: Thai the Oakland Base Reuse Authority (OBRA) be authorized to
administer the City10RA10BRA portion of the Calfrans settlement in the approximate
amount of $5.6 million dollars, plus accrued interest.
3. AUTHORIZE THE CITY MANAGER TO ENTER INTO A NIFUNICtPAL
SERVICES AGREEMENT WITH THE OAKLAND BASE REUSE
AUTHORITY (OBRA) FOR THE PERIOD OF JULY 1, 2002 TO JUNE 30,
2003 IN THE AMOUNT OF ONE MILLION, ONE HUNDRED FORTY
THOUSAND DOLLARS AND NO CENTS ($1,140,000.00) AND
AUTHORIZING OBRA TO ADMINISTER FUNDS RECEIVED FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
ENVIRONMENTAL REMEDIATION PURPOSES
The master lease between the Army and OBRA that permits OBRA to operate the Leasing
Program also vests OBRA with the responsibility for safeguarding the assets of the Army
Base. The master lease further requires that OBRA comply with all applicable federal, state,
and local laws, ordinances, regulations, and standards related to protecting and providing the
life, health, and safety of the Leasing Program tenants. To satisfy these requirements,
OBRA wishes to enter into a Municipal Services Agreement with the City of Oakland to
cover the fire protection services and police services provided during Fiscal Year 2002-2003
in the amount of $1,140,000.00.
Because the City is a named party in the settlement with Caltrans and the Federal Highway
Administration regarding the conveyance of interest of parcels of land at the Oakland Army
Base, the City must also officially authorize OBRA to be the administrator of settlement
funds, as discussed above.
RECOMMENDATION. That the Council approve a municipal services agreement
with OBRA for the provision of municipal services at the Oakland Arm 'v Base in the
amount of $1,140,000.00 dollars, and authorize OBRA to administer the
Cit'-v10RA1OBRA portion of the Caltrans settlement in the approximate amount of S5.6
million dollars, plus accrued interest.
Robert C. Bobb 22
June 24, 2003
4. APPROVE AN ORDINANCE ALTERING THE PORT AREA BOUNDARY
TO INCLUDE AND EXCLUDE VARIOUS SPECIFIED PARCELS AT AND
ADJACENT TO THE FORMER OAKLAND ARMY BASE
The Memorandum of Agreement (MOA) between the Oakland City CounciURedevelopment
Agency, OBRA and the Port of Oakland provides that prior to the date of the Army's
transfer of the Oakland Army Base EDC property to OBRA, the Council and the Port Board
of Commissioners will adopt ordinances providing for alterations to the Port Development
Area in and adjacent to the Army Base.
The alterations of the Port Development Area for Oakland Army Base will occur at the end
of the three-year period following conveyance, and are subject to the execution of the MOA.
The need to add and subtract parcels from each development area reflects the complex land
agreements that are part of the OARB development and contain the adjustments required to
accommodate claims of various regulatory agencies and claimants.
A detailed description of the affected lands is incorporated in the accompanying resolution.
SUMMARY
The past year has seen a tremendous shift in OBRA's focus from studies and planning to
producing and executing the complex real estate and environmental agreements of
conveyance. The next three years will consolidate these efforts and lay the programmatic
and financial groundwork for redevelopment of the Oakland Army Base.
SUSTAINABLE OPPORTUNITIES
This report does not include approval of any specific projects addressing sustainable
opportunities; however, when the Army Base program reaches the development stage,
specific development agreements can incorporate sustainable opportunities.
DISABILITY AND SENIOR CITIZEN ACCESS
This report does not include the approval of any specific projects or programs. Disability
and senior access issues will be addressed when specific development plans are submitted to
the City by the developer for review and approval.
RECOMMENDATION AND RATIONALE
Staff recommends that the Redevelopment Agency and City Council accept this report and
approve the accompanying resolutions and ordinance first reading.
Robert C. Bobb 23
June 24, 2003
ACTION REQUESTED OF THE AGENCY
The Oakland Redevelopment Agency/City Council is requested to accept this report and
approve the accompanying resolutions and ordinance first reading.
RespectUly submitted,
-R @BERT @BOBB@@
City Manager for the
Community & Economic Development Agency
APPROVED AND FORWARDED TO THE
COMMUNITY AND ECONOMIC
DEVELOPMENT COMMITTEE
Prepared by:
Aliza Gallo, Executive Director,
Oakland Base Reuse Authority
ltern-0-4-17cc'
ORA/Council
July 15, 2003
QFFICE o@.-:iE CIT @ CLER@
I j . -1
OAKLAND CITY COUNCIL 1.
RESOLUTION No. C. M. S. 2003 Jus 26
RESOLUTION AMENDING THE OAKLAND BASE REUSE
AUTHORITY JOINT POWERS AGREEMENT TO ELIMINATE THE
COUNTY OF ALAMEDA AS A PARTY, TO RECONSTITUTE THE
MEMBERSHIP OF THE GOVERNING BODY, AND TO EXTEND THE
TERM AND EXPAND THE PURPOSES OF THE AUTHORITY
WHEREAS, the Council has previously taken action to enter into a Joint Powers
Agreement with the Oakland Redevelopment Agency and the County of Alameda to create the
Oakland Base Reuse Authority ("OBRA") for the purpose of planning the closure and reuse of
military installations within the City of Oakland closed by the Federal Government pursuant to
the federal Base Realignment and Closure Act; and
WHEREAS, the Joint Powers Agreement ("JPA") establishing OBRA was entered on
March 21, 1995 and OBRA began operation; and
WHEREAS, the OBRA Governing Body has approved reuse plans for Naval Medical
Center Oakland and the Oakland Army Base and said plans have been approved by the
appropriate federal authorities; and
W-HEREAS, it is anticipated that no other military installations within the City of
Oakland will be closed or realigned pursuant to the Base Realignment and Closure process and
that the planning function of the Governing Body has, for the most part, been completed; and
WHEREAS, the participation of regional representatives on the Governing Body is no
longer necessary since the impacts of base closure on region-wide interests have been considered
in the reuse planning process for Naval Medical Center Oakland and the Oakland Army Base;
and
WHEREAS, Section VI, Paragraph A of the JPA sets forth the composition of the
Governing Body and provides that it shall be include the Mayor of the City Oakland and four
council members, a member of the Board of Supervisors, the Mayor of the City of Alameda, the
executive director of the Association of Bay Area Governments and the district director of the
United States House of Representatives, Ninth Congressional District; and
WHEREAS, it is desirable to revise Section VI, Paragraph A, to eliminate the inclusion
of a member of the Board of Supervisors, the Mayor of the City of Alameda, the executive
director of the Association of Bay Area Governments and the district director of the United
States House of Representatives, Ninth Congressional District as members of the Governing
Body@ and
Item 10-27CC,
ORA/Council
308 [04 July 15, 2003
WHEREAS, the Council has previously approved the development of a Memorandum of
Agreement with OBRA, the Oakland Redevelopment Agency and the Port of Oakland that
provides, among other things, that the leasing program at the Oakland Army Base will continue
for a period of three years following conveyance of the property from the Department of the
Army and that the Port will receive title to most of the land cast of Maritime Street at the end of
the three year period; and
WHEREAS, development of the Oakland Army Base pursuant to the provisions of the
reuse plan will not commence until the end of the three year leasing period following
conveyance of the property from the Army; and
WHEREAS, OBRA has administered the interim leasing program at the Army Base
since June 1999 and it is in the best interests of the City to continue the leasing program for the
three year period following the conveyance of the property from the Army in order to generate
funds for the reuse of the base property; and
WHEREAS, OBRA has entered into agreements with the Army and State of California
that require the rernediation of hazardous substances present at the Army Base within specified
periods of time and OBRA is prepared to commence said cleanup within the three year period
following Army conveyance of the property; and
WHEREAS, OBRA has commenced actions for an exchange of lands subject to the
public trust for commerce, navigation and fisheries ("tidelands trust") for land not subject to the
tideland trust at the Oakland Army Base and it is anticipated that the exchange will be completed
in three years; and
WHEREAS, Section 11, Paragraph A of the JPA sets forth the purposes of OBRA and
provides that its primary purpose is to develop and approve reuse plans for closed military bases
within the City of Oakland, to develop and assist in the implementation of said plans and to
receive federal and state grants and other funding to implement said plans; and
WHEREAS, it is in the best interests of the City to revise Section 11, Paragraph A, to
expand the purposes of OBRA to include (i) continued operation and management of the leasing
program, (ii) implementation of the environmental remediation program, and (iii) administration
of a tidelands trust exchange at the Oakland Army Base; and
WHEREAS, Section 11, Paragraph C of the JPA, as amended, provides that the Oakland
Redevelopment Agency is to implement the reuse plan approved by OBRA and that OBRA,
upon conveyance of closed military base property, is to assign, transfer and delegate ail of its
rights, powers and interests thereto to the Redevelopment Agency; and
WHEREAS, the implementation of the reuse plan for the Oakland Army Base will not
cornmence until three vears after Army conveyance of the property and it is not necessary for
OBRA to assign, transfer and delegate its rights, powers and interests in the base to the
Redevelopment Agency until the end of the three year period; and
WHEREAS, it is desirable to revise Section 11, Paragraph C of the JPA to provide that
OBRA is to assign, transfer and other-wise delegate all of its rights, powers and interests related
to the implementation of the Army Base reuse plan three (3) years after conveyance of fee title
from the Department of the Army; and
WHEREAS, paragraph XIII of the Joint Powers Agreement provides that the JPA may
be modified only a written amendment approved by the governing bodies of the parties to the
JPA; and
WHEREAS, the Joint Powers Agreement was previously amended as of July 9, 1996, to
extend the authority of OBRA regarding closed military bases within the City of Oakland to the
transfer of title by the Department of Defense and to amend the appointment process for the
County Board of Supervisors; now, therefore, be it
RESOLVED: That the Council hereby approves the amendments to the OBRA JPA as
set forth in the Restated and Revised JPA, attached hereto as Exhibit A, that makes the following
substantive changes to the agreement:
1. Deletion of the County of Alameda as a party;
2. The revision of Paragraph 11, Section A, entitled "Purposes" to include the following
purposes:
• Operate a leasing program for the Oakland Army Base in order to obtain
revenue for the remediation and redevelopment of the property
• Implement and manage an environmental rcmediation program for the
cleanup of hazardous materials present on the base as required by the Consent
Agreement with the State of California
• Administer an exchange of trust land for non-trust land at the Army Base
3. The revision of Paragraph II, Section C, entitled "Implementation of Base Reuse
Plans" to provide for the assignment, transfer and delegation of OBRA's rights,
powers and interest to the Redevelopment Agency three (3) years after Army
conveyance of the Anny Base property;
4. The revision of Paragraph VI, Section A to eliminate the following members of the
Governing Body: (i) the County Board of Supervisors' appointee, (ii) the Mayor of
the City of Alameda, (iii) the executive director of ABAG, and (iv) the district
director of the Ninth Congressional District; and be it
5. The revision of Paragraph VIII, Section G, entitled "Chairperson" to provide that the
Mayor shall select the chairperson and vice-chairperson from the members of the
Governing Body.
FURTHER RESOLVED: That the City Manager is authorized to take all necessary
actions to implement the amendments to the OBRA JPA and the purposes of this action; and be
it
3
FURTHER RESOLVED: That the General Counsel shall review and approve the
Revised and Restated Joint Powers Agreement prior to its execution by the City Manager.
IN SESSION, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- Brooks, Brunner, Chang, Nadel, Quan, Reid, Wan and President De La
Fuente
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Secretary to the
City Council
Item to-z7cc'
ORA/Council
3uly 15, 2003
17 I"
REDEVELOPMENT AGENCOfFICE Or'_'@IE CIT f CLER@
,- , - .1, "_
OF THE CITY OF OAKAND 20031 JUN 26 PM 12: 25
RESOLUTIONNo. C.M.S. C5K
RESOLUTION AMENDING THE OAKLAND BASE REUSE AUTHORITY
JOINT POWERS AGREEMENT TO ELIMINATE THE COUNTY OF
ALAN11EDA AS A PARTY, TO RECONSTITUTE THE MEMBERSHIP OF
THE GOVERNING BODY, AND TO EXTEND THE TERM AND EXPAND
THE PURPOSES OF THE AUTHORITY
WHEREAS, the Redevelopment Agency has previously taken action to enter into a Joint
Powers Agreement with the City of Oakland and the County of Alameda to create the Oakland
Base Reuse Authority ("OBRA") for the purpose of planning the closure and reuse of military
installations within the City of Oakland closed by the Federal Government pursuant to the
Defense Base Closure and Realignment Act of 1990 (Part A of Title XXLX of Public Law 101-
5 1 0, as amended); and
WHEREAS, the Joint Powers Agreement ("JPA") establishing OBRA was entered on
March 21, 1995 and OBRA began operation; and
WHEREAS, the OBRA Governing Body has approved reuse plans for Naval Medical
Center Oakland and the Oakland Army Base and said plans have been approved by the
appropriate federal authorities@ and
WHEREAS, it is anticipated that no other military installations within the City of
Oakland will be closed or realigned pursuant to the Base Realignment and Closure process and
that the planning function of the Goveming Body has, for the most part, been completed; and
WHEREAS, the participation of regional representatives on the Goveming Body is no
longer necessary since the impacts of base closure on region-wide interests have been considered
in the reuse planning process for Naval Medical Center Oakland and the Oakland Army Base;
and
WHEREAS, Section VI, Paragraph A of the JPA sets forth the composition of the
Governing Body and provides that it shall be include the Mayor of the City Oakland and four
council members, a member of the Board of Supervisors, the Mayor of the City of Alameda, the
executive director of the Association of Bay Area Goverriments and the district director of the
United States House of Representatives, Ninth Congressional District; and
Item 10-Z7 M
ORA/Council
July 15, 2003
3081 27
WHEREAS, it is desirable to revise Section VI, Paragraph A, to eliminate the inclusion
of a member of the Board of Supervisors, the Mayor of the City of Alameda, the executive
director of the Association of Bay Area Governments and the district director of the United
States House of Representatives, Ninth Congressional District as members of the Governing
Body; and
WHEREAS, the Redevelopment Agency has previously approved the development of a
Memorandum of Agreement with OBRA, the City of Oakland and the Port of Oakland that
provides, among other things, that the leasing program at the Oakland Army Base will continue
for a period of three years following conveyance of the property from the Department of the
Army and that the Port will receive title to most of the land east of Maritime Street at the end of
the three year period; and
WHEREAS, development of the Oakland Army Base pursuant to the provisions of the
reuse plan will not commence until the end of the three year leasing period following
conveyance of the property from the Army; and
WHEREAS, OBRA has administered the interim leasing program at the Army Base
since June 1999 and it is in the best interests of the City to continue the leasing program for the
three year period following the conveyance of the property from the Army in order to generate
funds for the reuse of the base property; and
WHEREAS, OBRA has entered into agreements with the Army and State of California
that require the remediation of hazardous substances present at the Army Base within specified
periods of time and OBRA is prepared to commence said cleanup within the three year period
following Ar-my conveyance of the property; and
WHEREAS, OBRA has commenced actions for an exchange of lands subject to the
public trust for commerce, navigation and fisheries ("tidelands trust") for land not subject to the
tideland trust at the Oakland Army Base and it is anticipated that the exchange will be completed
in three years; and
WHEREAS, Section IL Paragraph A of the JPA sets forth the purposes of OBRA and
provides that its primary purpose is to develop and approve reuse plans for closed military bases
within the City of Oakland, to develop and assist in the implementation of said plans and to
receive federal and state grants and other funding to implement said plans; and
WHEREAS, it is in the best interests of the City to revise Section II, Paragraph A, to
expand the purposes of OBRA to include (i) continued operation and management of the leasing
program, (ii) implementation of the environmental remediation program, and (iii) administration
of a tidelands trust exchange at the Oakland Army Base; and
WHEREAS, Section 11, Paragraph C of the JPA, as amended. provides that the
Redevelopment Agency is to implement the reuse plan approved by OBRA and that OBRA,
upon conveyance of closed military base properTy, is to assign, transfer and delegate all of its
rights, powers and interests thereto to the Redevelopment Agency-, and
2
WHEREAS, the implementation of the reuse plan for the Oakland Army Base will not
commence until three years after Army conveyance of the property and it is not necessary for
OBRA to assign, transfer and delegate its rights, powers and interests in the base to the
Redevelopment Agency until the end of the three year period; and
WHEREAS, it is desirable to revise Section 11, Paragraph C of the JPA to provide that
OBRA is to assign, transfer and otherwise delegate all of its rights, powers and interests related
to the implementation of the Army Base reuse plan three (3) years after conveyance of fee title
from the Department of the Army; and
WHEREAS, paragraph X111 of the Joint Powers Agreement provides that the JPA may
be modified only a written amendment approved by the governing bodies of the parties to the
JPA; and
WHEREAS, the Joint Powers Agreement was previously amended as of July 9, 1996, to
extend the authority of OBRA regarding closed military bases within the City of Oakland to the
0
transfer of title by the Department of Defense and to amend the appointment process for the
County Board of Supervisors; now, therefore, be it
RESOLVED: That the Agency hereby approves the amendments to the OBRA JPA as
set forth in the Restated and Revised JPA, attached hereto as Exhibit A, that makes the following
substantive changes to the agreement:
1. Deletion of the County of Alameda as a party;
2. The revision of Paragraph 11, Section A, entitled "Purposes" to include the following
purposes:
• Operate a leasing program for the Oakland Army Base in order to obtain
revenue for the remediation and redevelopment of the property
• Implement and manage an environmental remediation program for the
cleanup of hazardous materials present on the base as required by the Consent
Agreement with the State of California
• Administer an exchange of trust land for non-trust land at the Army Base
3. The revision of Paragraph 11, Section C, entitled "Implementation of Base Reuse
Plans" to provide for the assignment, transfer and delegation of OBRA's rights,
powers and interest to the Redevelopment Agency three (3) years after Army
conveyance of the Army Base property;
4. The revision of Paragraph VI, Section A to eliminate the following members of the
Governing Body: (i) the County Board of Supervisors' appointee, (ii) the Mayor of
the City of Alameda, (iii) the executive director of ABAG, and (iv) the district
director of the Ninth Congressional District; and be it
5. The revision of Paragraph VIII, Section G, entitled "Chairperson" to provide that the
Mayor shall select the chairperson and vice-chairperson from the members of the
Governing Body.
FURTHER RESOLVED: That the Agency Administrator is authorized to execute the
Revised and Restated Joint Powers Agreement and to take all necessary actions to implement the
amendments to the OBRA JPA; and be it
FURTHER RESOLVED: That the General Counsel shall review and approve the
Revised and Restated Joint Powers Agreement prior to its execution by the Agency
Administrator.
IN SESSION, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- Brooks, Brunner, Chang, Nadel, Quan, Reid, Wan and Chairperson De La
Fuente
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Secretary to the
Oakland Rede elo ment Agency
Itern7sV-73r,
ORA/Council
4 July 15, 2003
Approved by OBRA Board
April 28, 2003
Revised
OAKLAND BASE REUSE AUTHORITY
JOINT POWERS AGREEMENT
(Restated and Revised: July 15. 2003)
THIS AGREEMENT, restated and revised as of July 1, 2003, is entered into
pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Sections 6500. et.
sec.) of the California Government Code, relating to joint exercise of powers, by and
amongst between the City of Oakland, and the Redevelopment Agency of the City of
Oakland, and the Go- inty -4: 111--eda (sometimes collectively referred to herein as the
'.parties" and sometimes individually referred to herein as "party") for the purpose of
establishing a public entity for assuring the effective transition of QaklaRd'S Oak KRG14
Naval Medical Center Oakland, Hospital the Oakland Army Base (and any other military
facility in the City of Oakland that may be selected for closure in the future) from federal
ownership to local ownership and use which public entity is hereinafter designated
"Oakland Base Reuse Authority".
WITNESSETH:
WHEREAS, it is to the mutual benefit and in the best public interest of the parties to
this Agreement to join together to establish this Joint Powers Agreement for the purposes
hereinafter set forth; and
WHEREAS, the Gak-KRG4 Naval Medical Center OakIandHGsPita4 and the Oakland
Army Base has been were selected for closure under the 1993 and 1995 base closure
processes, respectiveIV; and
WHEREAS, both the Oak KRall Naval Medical Center OaklandHeslatal and the
Oakland ArmV Base isare located -entirely within the city limits of the City of Oakland; and
WHEREAS, thepe @Fe atheF m 1 tap@ facil ties IGGated either eRtipely GF pFiMaFily
\Mth@n--t44e-c-ity-limits-of-the--City- Gf-Oakland that are -n(A-nGw-de-c4gf4ated-fGf@.Gbsure--bLA may
be se desigRated at some time iR the fUtUFe: and
4he-4c4G,-;;dr-e-Gf-t4le-gak-Kf4e4-Naval--HG&pita4-or- ap"ther-mAtary-faG44y
ip the Gity Gf Oaklandw 11 have a reg Gnal irnpaGt on the S6JFFGURdiRg GGMMunities: aR
WHEREAS, 'the Feg!GRal FPPaGt GF; the SHFFGURdiRg CGMMUR ties AGII ARS rnrlpi
aRd 8GGRGrniG :MpaGtS RGIUd Rg FRPaGtS GR IGGal bUGJReG6e6 PFGVidiRg diFeGt seFY'GeS G
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ini2i ii
n,mr)r.,.nvvr,%An\/isr,Ry\r Item I0,77 CC,
ORA/Council
July 15, 2003
Approved by OBRA Board
April 28, 2003
Revised
SUPPGrt-services tG theMilitary Insta-11a4ens (as-such-term is defiqed-hereinbeIGwYand4-+eiF
empleyees and families: and
WHEREAS, the City of OakIand7 and the Redevelopment Agency of the City of
Oakland, and the County of Alameda a-4 have an interest in the successful closure,
conveyance, reuse and redevelopment of the Oak Knell Naval Medical Center Oakland
Hesp tal and the Oakland Army Bas and any other military facility that may be selected
for closure in the future; and
WHEREAS, Title 1, Division 7, Chapter 5. Article 1 (Sections 6500, et. seq.) of the
California Government Code authorizes joint exercise by two or more public agencies of
any power common to them; and
WHEREAS, the City of Oakland, the Redevelopment Agency of the City of
Oakland, and the County of Alameda have determined that planning issues related to the
closure of the Oak Kr@oll N2V21 Hospital Medical Center Oakland and any other military
facility that may b selected for closure in the future can best be addressed through an
entity called the Oakland Base Reuse Authority, which is created hereunder; and
WHEREAS, the Oakland Base Reuse Authority was created by a joint powers
agre ment by and amongst the City of Oakland, the Redevelopment Agency of the City
Oakland and the County of Alameda on March 14, 1995, for the purposed of planning for
the closure and reuse of closed militarV bases within the City of Oakland@ and
WHEREAS, the Oakland Base Reuse Authority. oursuant to the authoritV provided
in the 0oint powers agreement, adopted reuse plans for Naval Medical Center Oakland and
the Oakland Army Base and such plans were approved bV appropriate federal authorities;
and
WHEREAS. the Oakland Base Reuse AuthontV intends to enter into an Economic
Development Conveyance Memorandum of Aareement with the Department of the Army
for conveyance of the Oakland Army Base and conveyance of the base is scheduled to
occur in summer or fall 2003: and
WHEREAS. the Oakland Base Reuse Authority has entered into a Memorandum of
Agreement with the C;tv of Oakland, the Redevelopment AqencV of the City of Oakland
and rhe Port of Oakland ("MOK) that orovides for. among other things. the continued
(easina of the Army Base oropertV for a period of three years following conveyance of the
property from the Department of the Army: and
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Revised
WHEREAS. pursuart to the MOA, the implementation of the reuse plan for the
Oakland Army Base will not commence until after the three year leasing period following
conveyance@and
WHEREAS, in order for the full implementation of the Oakland Army Base reuse
plan, there must be an exchange of land subject to the Public Trust for Navigation,
Fisheries and Commerce ("Tidelands Trust") for land that is currently not subiect to the
trust and
WHEREAS, the Oakland Base Reuse Authority and the Oakland Redevelopment
Age cy have entered into agreements with the Department of the Army (Federal
Agreements) and a Consent Agreement with the State of California, Department of Toxic
Substance Control, that require the remediation of hazardous substances at the Oakland
Army Base within specified periods of time; and
WHEREAS, it is the desire of the parties signing this Agreement to jointly provide
for the Oakland Base Reuse Authority for their mutual advantage;
NOW, THEREFORE, for and in consideration of the mutual advantages to be
derived, and in consideration of the execution of this Agreement, by and amGng6tLetween
the City of OakiandT_gnd the Redevelopment Agency of the City of Oakland, aRd the
9GURty ef XaFrie4a, each of the parties hereto does hereby agree that the Oakland Base
Reuse Authority (the "Authority") be createdcontinued as follows:
1. DEFINITIONS AND GENERAL PROVISIONS
The terms used in this Agreement shall have the following meanings:
A. "ASAG". TheAs6eGiaiiien Gf BayAFea GGYeFinimeicits-.
BA. "Act". The California Joint Exercise of Powers Act as set forth in Title 1,
Division 7, Chapter 5, Article 1 of the Government Code of 'the State of California (Gov.
Code 6500, et seq.).
C. "Alameda" The City Gf Alameda-
DB. "Authority The Oakland Base Reuse Authority created by this
Agreement. which is zhe local reuse and redevelopment authority for the Gak KRGII Naval
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Revised
Medical Center Oakl2ncl.-HG&p@al the Oakland Army Base and any other military facility
located primarily within the City of Oakland that may hereafter be selected for closure
pursuant to federal base closure procedures.
E-. 'BGaind ef Supewisors". The E3GaFd Gf SupeFV1SGFS GfAlam-A-
F. The CGLARty Pf Al;;FA(-d;;
HC. "Executive Director". The City Manager of the City of Oakland or his/her
designee-
D. "Federal Agreements". The agreements entered into with the
Department of the Army for remediation of hazardous substances at the Oakland Army
Base, including, but not limited to the Economic Development Conveyance Memorandum
of Agreement. the Environmental Services Cooperative Agreement and the Finding of
Suitability for Early Transfer.
IE. "Fiscal Year". That period of time commencing July 1 of each year
and ending on the following June 30.
JF. "Governing Body". Unless the context otherwise specifies, the governing body
of the Authority.
MG. "Member'. Unless otherwise specified, a member is a signatory to this
Agreement.
NH. "Military Facility". Any military base or faclity (other than the--Naval
HGSP talMedical Center Oakland and the Oakland Army Base) located primarily within the
city limits of the City of Oakland that may hereafter be selected for closure under federal
base closure procedures.
GI. "Military Installations". The term used to refer to the Naval Medical Center
OaklanclHGsp tal, the Oakland Army Base and any other Military Facility collectively.
PJ. "Naval Hospital" n;;k KnAll Naval Medical Center OaklandHGSpt2l 2
map of Nnich is attached hereto and incorporated by reference.
QK ''Oakland" The City of Oakland.
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Revised
L. "Oakland Army Base'. The approximate 425 acres of propertV common1v
known as the Oakland Army Base, a map of which is attached hereto and incorporated by
reference.
RM. "Oakland City Council". The City Council of the City of Oakland.
S. `08G@GTF". The OaklaRd Base GIG6UF8iGGRVeF8iGR Task FGFGe Greated by
the-Oak4afidQty-CGuRc+"vhjs44-4s-the-base feL4se-advisopy-gFGup4o-ti4e-Au#iGr-it@-
RN. "Redevelopment Agency". The Redevelopment Agency of the City of
Oakland, an agency authorized under California Community Redevelopment law to act as
the redevelopment agency for the Naval Hospital.
SO. "Redevelopment Authority". The agency within the meaning of Title 24 of the
National befense Authorization Act of 1994.
TP. "Reuse Plan".The redevelopment plan referred to in federal base closure
law that twas developed by the Authority for the Naval Pesp4c-4.Medical Center Oakland
and the Oakland Army Base aRdler--an@-Gtt46r-Ml#ar-y--F-a4G@#y-and that provides for the
reuse and redevelopment of the real and personal property of such Military Installations
that is available for such reuse and redevelopment as a result of the closure of such
Military Installa-tions.
11. PURPOSES AND TERM
A. Purposes. The Authority is the local reuse and redevelopment authority
for the Naval Hospital, the Oakland Army Base and any other Military Facility. Its primary
purpose iswas to develop and approve a base reuse plan for the Naval Hospital, the
Oakland A@-m-v E3ase and ay other Military Facility, and its purposes include the following:
1 . Develop and assist in the implementation of a reuse plan for the
Naval Hospital and Oakiand Army Base (and any other Military Facility) which promotes
the economic revitalization of the area within and surrounding such Military Installations by
creating jobs, training or retraining of employees. developing technology. considering small
business concerns and public purposes, and planning appropriate land uses.
2. Receive federal and state grants and other available funding in order
to develop and implement the reuse plan for the Naval Hospital and the Oakland Army
Base.
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3. Operate a leasing program for the Oakland Army Base in order to
obtain revenue for the remediation and redevelopment of the property.
4. Implement and manage an environmental remediation program._fo
the cleanup of hazardous substances present on the Oakland Army Base (and any othe
Military Facility) as required by Federal Agreements and the Consent Agreement with the
State of California, Department of Toxic Substance Control.
5. Administer a Tidelands Trust exchange at the Oakland Army Base
(and any other Military Facility).
B. Term. This Restated and Revised Agreement shall become effective as of
the date hereof, and shall continue in full force and effect until terminated as provided
herein. Hawevein, ;R RG event shall this Agreelmept -hp terminated- _bPAnr4a t h P_
five yeaFs fFGM the date th s AgFeerneRt is fully exeGuted by the parties-. In the event this
Agreement is terminated for any reason, any and all remaining rights, powers, and
authority together with any property, funds or assets of the Authority under this Agreement
shall be assigned by the Authority to the Redevelopment Agency. If, however, the Agency
refuses to accept such an assignment, the provisions of Article XV below shall govern.
C. Implementation of Base Reuse Plans. It is the intent of this Agreement that the
Redevelopment Agency be the Redevelopment Authority with the power to implement the
base reuse plan adopted by the Authority for the Naval Hospital, the Oakland Army Base
or any other Military Facility. Upon the conveyance of fee title from the Department
Defense to the Authority of the Naval Hospital or any other Military Facility, and three
years following conveyance of fee title from the Department of the Army of the Oakland
Army Base. he Authority shall assign, transfer, and otherwise delegate all rights, powers,
and interests of the Authority to the Redevelopment Agency o implement such base reuse
plan, including without limitation the following rights, powers, and interests:
1. To acquire, hold, lease, manage, maintain, and dispose of real and personal
property of the Naval Hospital or any other Military Facility, and other real and personal
property as appropriate, to carry out the provisions of this Agreement;
2. Development of infrastructure financing techniques for infrastructure facilities
necessary to serve the Naval Hospital or any other Military Facility:
3. To exercise such powers under the California Community Redevelopment Law
(California Health and Safety Code Sections 33000, et. seq.) to the extent such may be
306484
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Approved by OBRA Board
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Revised
authorized by law, and are consistent with the base reuse plan for the Naval Hospital or
any other Military Facility. No base reuse plan for any of the Military Installations shall be
modified without the approval of the Authority during the term of this Agreement.
However, if this Agreement has been terminated for any reason. a base reuse plan may
be modified by the Redevelopment Agency in accordance with the procedures set forth in
the California Community Redevelopment Law for the adoption and/or amendment of a
redevelopment plan.
4. To complete the other activities set forth hereinabove in Section IIA.
111. CREATION OF AUTHORFFY
Pursuant to Sections 6500, et seq. of the Government Code, there is hereby
created a public entity, separate and apart from the parties hereto, to be known as the
Oakland Base Reuse Authority. Pursuant to Government Code Section 6508.1, the debts,
liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations
of any party to this Agreement.
IV. POWERS OF AUTHORITY
A. The Authority shall have the following common powers and is hereby
authorized to do all acts necessary for the exercise of said common powers:
1 . To prepare, and amend as necessary, appropriate plans and policies
relating to the Naval Hospital, the Oakland Army Base or any other M
including any interim and final base reuse plans;
2. To appear and participate in hearings, meeting, discussions, or other
necessary or desirable interaction with the United States federal government or State of
California, or any branch or department, or other groups or entities as may be appropriate
to further the purpose of this Agreement;
3. To solicit and accept funds to assist in the reuse and redevelopment
process.
4. To make and enter into contrac's, including but not limited to in lieu
and reimbursement aareements and leases, to the extent and in 'the manner permitted
under Government Cc@de Section 6508, or other applicable provisions of law.
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5. To invest and reinvest money in the treasury of the Authority pursuant
to Government Code Section 536C1 1
6. To incur debts, liabilities, or obligations. but no debt, liability, or
obligation of the Authority shall be a debt, liability, or obligation of any party to this
Agreement, except as otherwise provided herein.
7. To appoint standing and special committees from the members of the
Governing Body to assist the Authority. The Governing Body may delegate as much
authority to such committees as it deems desirable to fulfill their duties. In addition to
standing and special committees, the Governing Body may appoint advisory bodies from
outside the membership of the Governing Body to provide advice in the performance of its
duties.
8. To sue and be sued in its own name, and
9. To exercise all powers necessary and proper to carry out the terms
and provisions of this Agreement, including but not limited to those noted in Article 4 of the
Act, or otherwise authorized by law, and to do all acts necessary or convenient to the
exercise of such powers or as otherwise authorized by law.
B. The Authority shall proceed to do all acts necessary or desirable to
accomplish the purposes of this Agreement. Such acts may, but need not necessarily
include, 211 or part of the following:
1 . Coordinating efforts of the parties in:
(a) Promoting the economic revitalization of the area within and
surrounding the Naval Hospital, the Oakland Army Base or
any other Military Facility;
(b) Job creation:
(c) Training;
(d) Technology development;
(e) Planning for the reuse of the Naval Hospital, the Oakland
Army Base or any other Military Facility;
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(f) Provision for endangered species and wetlands mitigation at
the Naval Hospital, the Oakland Army Base or any other
Military Facility;
(g) Planning for the provision of utility and infrastructure services
at the Naval Hospital, the Oakland Army Base or any other
Military Facility;
(h) Planning for the protection and enhancement of the
environment at the Naval Hospital, the Oakland Army Bas or
any other Military Facility and the surrounding area-
(i) Development of plans and policies related to housing
resources and the homeless.
2. Providing information for public dissemination and establishing a
clearinghouse for exchange of information and the coordination and communication of all
efforts by any Member which would affect or otherwise relate to the Naval Hospital, the
Oakland Army Base or any other Military Facility and their reuse.
3. Applying for, receiving, and using grants and/or loans from federal,
state, or local governments or from any other source.
4. Negotiating and entering into appropriate agreements with the United
States or any agency or department thereof, for the purpose of determining the disposition,
reuse and/or conservation of the Naval Hospital, the Oakland Army Base or any other
Military Facility property or facilities.
The listing of the above acts is not intended to indicate any priority of one act over
the other, nor is such listing intended to be inclusive, and the Governing Body may
authorize other acts to be done in the accomplishment of the purposes of this Agreement.
One or several acts may take place concurrently or in sequence, as the Governing Body
shall direct.
V. RESERVATION OF POWERS
A. The powers of the Authority are non-exclusive and shall not be construed as
restricting or limiting any Members, individually or severally, from performing any
government or regulatory powers or duties of 'the Members under the law.
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B. Each Member expressly reserves and retains the right to develop, adopt,
implement, and enforce, in its sole discretion, land use plans, land use, zoning and
building regulations, redevelopment plans, capital improvement plans, and public
improvement or service pans for property, buildings, and facilities which are within the
Naval Hospital. the Oakland Army Bas or any other Military Facility and within such
Member's jurisdiction.
C. To the extent permitted by law, the governing body of any Member may
specifically delegate these functions or portions thereof to the Authority. Otherwise, such
functions shall remain the duty of the Member with jurisdiction under California law. Such
delegations shall be effective when accepted by the Authority.
VI. AUTHORITY GOVERNING BODY
A. The Authority shall be governed by the Governing Body which is hereby
established and which shall be composed of--.
Pvethe Mayor and four members of the Oakland City Council/Oakland
Redevelopment Acie Mayer aRd four rnern-hers of the
QakIaRd-Qt@-CGuR4;4 appointed by the Mayor and approved by the Oakland
City Council/Oakland Redevelopment AqencV;
The Board Gf SUPePV SGFS shall aPPGiRt GRe its members; an
---------The-8Gard-4af -SupeFvisoF&-s@ici4@-@ter-4nto-&41e morandurn--G@erstandipg
with E13GIRG, Wh Gh shall Provide that the E3GaFd of SuperviseFs shall appGiRt
the fG!IGW Rg three Members:
I the Mayer of Alameda; aRd
he exeGUtive diFeGteF of the A66GG.atiGR of Bay Area GGY8FRmeRt6;
aRd
2 the d;StF!Gt diFeGteF f@@F the JRited StAtpr HA, isp Af RepFeSeRtatives'
rr4ember-repre,se@Rt4ng-the44jf4tt4-4;GNFeSS@G)Ral--DistF40-t-
If aR@' of the three FnembeFS PeS gR6 fFGFn the GGYePR'Rg BGdy, the
Board- -of-- Supervisors --- shall- appGim-a -rep@a@ment-that-4F@-seieGted-by-t -he
EEGIRG, whe shall be aR Fi3GR(; GGFRMISSiGReF, subjeGt to the Pat&at.en
aRd veto by majGFity Vote of the GeveFR Rg Body-
'06484
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Revised
- ------ 4f-EBCPG is--no4GRger-@n-eXistL@RGe-an(I-if-any-Gf-4hcx-tiiree--mefnbeFs
resigns 1. om the GGYeFn Rg E3Gdy, the gGard Gf SUP8FV SGF6 shall appoin
FelplaGerrients diFeGtly, subjeGt te the FatifiGatiGFI and veto by majeF4 YGte e
the Governing Body.
B. Each member of the Governing Body shall appoint one alternate as a
representative. The altennate shall have all the rights and authority of a member of the
Governing Body; however, these rights and authority may only be exercised in the
absence of the designated member of the Governing Body.
C. Each member of the Governing Body shall have one vote.
D. Members of the Governing Body shall hold membership on the Governing Body
until they are no longer qualified as determined by the public entity which appointed them.
In the case of a vacancy in the membership of the Governing Body. the vacancy shall be
promptly filled, subject to the restriction in Paragraph A above, by the public entity which
had appointed that representative.
V11. POWERS OF THE GOVERNING BODY
A. The Governing Body shall have the power to conduct, on behalf of the
Authority, all business of the Authority, which the Authority may conduct under the
provisions hereof and pursuant to law.
B. Subject to the provisions of paragraph IX.C.3., the Goveming Body may hire
employees and contract with consultants and special legal counsel.
C. The Governing Body shall have such other powers and functions as are
provided for in this Agreement or in the bylaws.
Vill. MEETINGS OF THE GOVERNING BODY
A. Meetings. The Governing Body shall establish a regular meeting date.
B. Minutes. The Secretary (as defined in Atcle IX. subparagraph C.2 below)
of the Authority shall cause minutes of regular, adjourned regular, and special meetings to
be kept.
C. Voting. A majority of the members of the Governing Body shall constitute a
quorum for the transaction of business. except that !ess than a quorum may adjourn from
306484
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Revised
time to time. A vote of the majority of a quorum present at a meeting shall be sufficient to
constitute action by the Governing Body, except as otherwise specifically set forth in this
Agreement or in the bylaws. Votes shall be cast in person and may not be cast by proxy.
The vote of 53 members of the Governing Body, thFee Gf W`-IG- Sh-211
FepFeseRtat ves nf 4k- r,;ty CGURGII, is required to take any action on the following:
1 . Adoption of a Reuse Plan;
2. Adoption of any recommended plan or land use proposal in
contradiction to the City's land use plan, redevelopment, and zoning
plan. No action 6f the Governing Body shall be construed to amend
or otherwise relieve any person or entity from the necessity of
complying with such land use and zoning laws and regulations that
apply to the Naval Hospital, the Oakland Army Base or any other
Military Facilit . regaFdless ef the RUmbeF Gf Galklasildd Gil G__";I
FepFeseinita tives WhG May VGt8 iR fRVAr Gf r' I lh _;3(#iG_IR. Oakland land
use and zoning laws and regulations that apply to the Naval Hospital
or any other Military Facility may only be amended in accordance with
the procedures set forth in the Oakland City Charter and such other
procedures that may be established by the Oakland City Council.
3. Delegation of any authority to another body by the Authority;
4. Adoption of any amendments to the Authority's Bylaws,
5. Termination of this Agreement; and
6. SeleGtiRg the GhaiFPeFSGR Gf the GGverning l3ed
E. Brown Act. All meetings of the Governing Body shall comply with the
requirements of the Ralph M. Brown Act (Gov. Code 54850, et seq.).
F. Rules and Regulations. The Governing Body May adopt bylaws, rules and
regulations for the conduct of its meetings and affairs.
G. Chairperson. A chairperson and vice-chairperson of the Governing Body
shall be selected by the &GardMavor from itsthe Members. The term of office of the
chairperson and vice-chairperson shall be one year.
IX FINANCES
A. Accounting.
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1 Accounting Procedures. The Authority shall maintain full books and
accounts in accordance with sound accounting practices and consistent with those utilized
by municipalities. In particular, the Treasurer and Auditor of the Authority shall comply with
the requirements of the Act.
2. Audit. The records and accounts of the Authority shall be audited
annually, and copies of such audit reports shall be filed as public records with the Auditor
of each Member, aRd eaGh FnembeF ef the GovemRg BGdy with R twelve (12) FRORth.8 AftP
the-eRd Gf--t4:@fiscc-4-ysar-uRdeF-&xa. m-- inatiGn.
B. Budget.
1 . Sources of Funds. Funds for the Authority shall come from Member
contributions, state or federal grants, leasing revenues -and from any other source. The
Executive Director may take such steps as are necessary to arrange for the Authority's
receipt of such funds as are available to it and as necessary for the conduct of its affairs.
2- General Budget. Within s;)dy (60) days after th s I A.- ---4 is
g, eel ....'
effeGtive, aRd anRually theFeafte"Ihe Governing Body shall adopt a general budget on
an annual basis for the ensuing fiscal year. The fiscal year shall be from July 1 of one
year to June 30 of the following year. The budget shall be prepared in sufficient detail to
constitute an operating outline for the source and amount of funds available to the
Authority and expenditures to be made during the ensuing year.
3. Approval of the budget. The general budget or any amendment to
the general budget shall be approved by a majority of the Governing Body. Until such time
as formal approval has been received, the budget shall be subject to further consideration
and revisions.
4. Expenditure of Funds. All expenditures within the designations and
limitations of an approved general budget shall be made on the authorization of the
Governing Body. The Authority shall not expend funds except as specified in the
approved budget.
C Personnel.
1 . The Oakland City Manager or his/her designee shall serve as the
Executive Director of the Authority and shall be responsible for the administration of the
Authority through contract with the City of Oakland.
306484
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Revised
2. The Oakland City Treasurer, City Auditor, City Attomey, Finance
Director, and City Clerk shall serve as the Treasurer, Auditor, Legal Counsel, Finance
Director, and Secretary for the Authority.
3. Any employees of the Authority shall be hired, compensated,
disciplined, and discharged in accordance with all applicable laws.
D. Member Contributions. Except as prohibited by law and this Agreement,
each Member may:
1 . Make contributions and make or arrange for payments of public funds
to defray the costs related to the purposes of this Agreement; and
2. Make advances of public funds for such purposes, such advances or
payments to be repaid.
X. PROPERTY
Except as provided herein, all assets acquired by the Authority during the course of
its operations under the terms of this Agreement shall be the assets of the Authority alone,
and not of the Members. The Governing Body may, by majority vote, transfer or distribute
all or any part of the Authority's funds, property, or assets.
XI. LIABILITIES
Except as provided herein, the debts, liabilities, and obligations of the Authority
shall be the debts, liabilities and obligations of the Authority, and not of any or all
Members.
X11. INDEMNIFICATION
The Authority agrees to hold harmless, indemnify, and to defend the Members and
their officers, employees, and agents from any and all claims for injury or damage of
whatever type brought by or on behalf of any third party, including but not limited to the
Authority's officers, employees, and agents, arising from or connected with any acts or
omissions in the performance of this Agreement by the Authority, except from any such
claim arising solely out of the negligent acts or omissions attributable to the Member or its
officers. employees. or agents.
X111. AMENDMENTS
306484
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Revised
This Agreement may be modified only by a written amendment approved by the
governing bodies of the Members.
XIV. ASSIGNMENT
Except as may be otherwise stated in this Agreement, the pates to this Agreement
shall not assign any right or obligation hereunder without the written consent of the other
Member.
XV. TERMINATION
A. This Agreement may be terminated by a majority vote of the members of the
Governing Body; provided, however, that no such termination shall relieve the Authority or
any succeeding agency of any financial obligations incurred by the Authority while acting
pursuant to this Agreement.
B. Upon the termination of this Agreement, any (i) property, funds or assets
acquired or (ii) liabilities incurred as a result of this Agreement shall be assigned by the
Authority to the Redevelopment Agency. If, however, the Agency refuses to accept such
an assignment, any such property, funds or assets shall be divided or distributed in
accordance with majority vote of the Governing Body.
XVI. BINDING EFFECT
This Agreement shall be binding upon and shall inure to the benefit of the permitted
successors and assigns of the Members.
XVIL NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or
on the second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
All notices. demands, requests or approvals to the City of Oakland and the
Redevelopment Agency of the City of Oakland shall be addressed as follow&
City of Oakland
Attention: Base Conversion Project Director
3D5484
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Approved by OBRA Board
April 28, 2003
Revised
505---44tt-v--Str-eet,-5th-F4eoF250 Frank Oqawa Plaza, 3Id Floor
Oakland, CA 9450194612
Copy to: Oakland City Attorney
One G4y-Ha4Frank Oqawa Plaza, 6th Floor
Oakland, California 94612
All RGtires, demaRGIS, FeqUeStS Gr approvals te County shall be -addiessed-as
fo-Ilows.
G@URty Gf-@@
.--------AtteRtiGn.--IGGunty-AdmiRistfatoF
4221 Oak StFee
OaklaRd, CA 94612
XVIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing party shall
be entitled to receive from the losing party all costs and expenses in such amount as the
court may adjudge to be reasonable attomeys' fees.
XlX. CONFLICT OF LAW
This Agreement shall be interpreted under and enforced by the laws of the State of
California, excepting any choice of law rules which may direct the application of laws of
another jurisdiction. The Agreement and obligations of the parties are subject to all valid
laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the courts of the County of Alameda, State of California.
XX. WAIVER
A waiver by a Member of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term. covenant, or condition contained herein whether of the same or a different
character.
XXI. INTEGRATED CONTRACT
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This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements or whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. aAny modification of this
Agreement will be effective only by written execution signed by all Members.
XXII. SEVERABUTY
In the event that a court of competent jurisdiction determines that any provision of
this Agreement shall be invalid or unenforceable or in conflict with any 12W or regulation
having the force of law, each Member shall have the right to withdraw from this Agreement
within ninety (90) days from the date or entry of a final non appealable decision, without
providing the one year notice of withdrawal specified in Section X11 of this Agreement.
Except as otherwise provided in this section, the remaining portions of this Agreement
shall be in full force and effect.
XXIII. CAPTIONS
The captions in this Agreement are for convenience only, are not a part of the
Agreement, and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on this day of - -1-920 . I
C-0-1-INM4 QFAI-8@MEJDA CrT-Y OF OAKLAND
Title@
Attest: Attest:
Qe* City Clerk
Approved -a &-to form- Approved as to form:
GGURty QGURSel City Attorney
1,06484
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Approved by OBRA Board
April 28, 2003
Revised
THE REDEVELOPMENT AGENCY OF
THE CITY OF OAKLAND
-Title:
Attest:
Agency Secretary
Approved as to form-
Agency General Counsel
The County of Alameda, by action of the Board of Supervisor on 2003,
hereby agrees and consents to its termination as a member to the Joint Powers
Agreement and as or July 15, 2003, shall have no rights, duties or obligations under the
Revised and Restated Joint Powers Agreement.
COUNTY OF ALAMEDA
Title:
Resolution No.
Clerk
Aoproved as to form:
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Revised
County Counsel
[03/14/95] 1
306484
-) \nc)r,,,nw(,,Anvi,,;()RY\r -19- Item-Q. 2 7 cc 034/14/9503
c )nl 7.i i i ORA/Council
July 15, 2003
REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND II WD
OFFICE OF CIT Y CLERY.
RESOLUTION No. C. M. S.
2003 JUNeFo Ki 12:25
A RESOLUTION AUTHORIZING THE OAKLAND BASE REUSE
AUTHORITY (OBRA) TO ADMINISTER FUNDS RECEIVED
FROM THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR ENVIRONMENTAL REMEDIATION
PURPOSES
WHEREAS, the Oakland Redevelopment Agency ("Agency"), in conjunction with
the Oakland Base Reuse Authority ("OBRA") and the City of Oakland ("City") and the
Port of Oakland ("Port") filed legal actions against the California Department of
Transportation ("CalTrans") and the Federal Highway Administration ("FHWA") in State
and federal courts regarding the conveyances of interests in certain parcels of land at
the Oakland Army Base; and
WHEREAS, the Agency along with OBRA, the City and the Port, reached a
settlement with CalTrans and FHWA on a portion of the two lawsuits whereby CalTrans
agreed to pay Eleven Million, Six Hundred Thousand Dollars ($11,600,000) ("CaiTrans'
money") for the use of approximately 26 acres of land at the Oakland Army Base for the
Oakland-San Francisco Bay Bridge retrofit project; and
WHEREAS, the Agency has previously approved the development of a
Memorandum of Agreement ("MOA") with and among the City, OBRA and the Port that
expresses the intention of the parties to equally split the CalTrans' money between the
Agency, City, and OBRA (50%) and the Port (50%); and
WHEREAS, the MOA further expresses the intention of the parties that the
unfunded costs of remediation of environmental conditions at the Army Base be evenly
split between OBRA and ORA (50%) and the Port (50%) and it has been estimated that
the unfunded cost of such cleanup is approximately Eleven Million, Two Hundred
Thousand Dollars ($11,200,000); and
WHEREAS, the Agency took action at its meeting of June 3, 2003 to commit to
providing the funds necessary to implement and complete the environmental
remediation at the Oakland Army Base; and
WHEREAS, it is in the best interests of the Agency, as OBRA's successor in
interest, that the Agency's share of the CalTrans' money be administered by OBRA for
the rernediation of hazardous materials at the Army Base; now, therefore, be it
Item 10-2701,
ORA/Council
July 15, 2003
3,08085
RESOLVED: That OBRA is hereby authorized to handle and administer the
Agency's portion of the CalTrans' money, if any, for the remediation of hazardous
materials at the Oakland Army Base and reasonably related activities.
IN AGENCY, OAKLAND, CALIFORNIA, , 2000
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN, and CHAIRPERSON DE LA
FUENTE
NOES- Item 10-27 Col
ORA/Council
ABSENT- July 15, 2003par
ABSTENTION-
ATTEST:
CEDA FLOYD
Secretary of the Redevelopment Agency
of the City of Oakland
L,:D
(FFICE OF HE "-!Ty CLERK
OAKLAND CITY COUNCIL 2003JU,426 PH12:25
RESOLUTION No. C.M.S.
CSK
RESOLUTION AUTHORIZING A MUNICIPAL SERVICES
AGREEMENT WITH THE OAKLAND BASE REUSE AUTHORITY
(OBRA) FOR THE PERIOD OF JULY 1, 2002 TO JUNE 30, 2003 IN
THE AMOUNT OF ONE MILLION, ONE HUNDRED FORTY
THOUSAND DOLLARS ($1,140,000) AND AUTHORIZING OBRA TO
ADMINISTER FUNDS RECEIVED FROM THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR ENVIRONMENTAL
REMEDIATION PURPOSES
WHEREAS, the Powers Agreement establishing the Oakland Base Reuse Authority
provides that OBRA is to contract with the City of Oakland for the provision of various specified
municipal services; and
WHEREAS, the City, during the period of July 1, 2002 to June 30, 2003, has and
will provide municipal services of fire protection and police services to OBRA in relation to
OBRA's possession and use of the Oakland Army Base; and
WHEREAS, the cost of providing said municipal services to OBRA during the
period of July 1, 2002 to June 30, 2003, is $1,140,000; and
WHEREAS, the OBRA Governing Body, at its meeting of February 24, 2003,
passed Resolution No. 2003-05, thereby authorizing the negotiation and execution of a municipal
services agreement with the City in the amount $1,140,000; and
WHEREAS, the City, in conjunction with OBRA and the Oakland Redevelopment
Agency ("ORA") and the Port of Oakland ("Port") filed legal actions in the California
Department of Transportation ("CalTrans") and the Federal Highway Administration ('THWA")
in State and federal courts regarding the conveyances of interests in certain parcels of land at the
Oakland Army Base; and
WHEREAS, the City, along with OBRA, ORA and the Port, reached a settlement
with CalTrans and FHWA on a portion of the two lawsuits whereby CalTrans agreed to pay
Eleven Million, Six Hundred Thousand Dollars ($I 1,600,000) ("CalTrans' money") for the use of
approximately 26 acres of land at the Oakland Army Base for the Oakland-San Francisco Bay
Bridge retrofit project; and
WHEREAS, the Council has previously approved a Memorandum of Agreement
("MOA") with and among ORA, OBRA and the Port that expresses the intention of the parties to
equally split the CalTrans' money between the City, ORA and OBRA (50%) and the Port (50%);
and Item/ 0. 2 7 VC
ORA/Council
308090 July 15, 2003
equally split the CalTrans' money between the City, ORA and OBRA (50%) and the Port (50%);
and
WHEREAS, the MOA further expresses the intention of the parties that the
unfounded costs of remediation of environmental conditions at the Army Base be evenly split
between OBRA and ORA (50%) and the Port (50%) and it has been estimated that the unfounded
cost of such cleanup is approximately Eleven Million, Two Hundred Thousand Dollars
($11,200,000); and
WHEREAS, the Council took action at its meeting of June 3, 2003 to support the
commitment to provide the funds necessary to implement and complete all environmental
remediation actions at the Oakland Army Base; and
WHEREAS, it is in the best interests of the City that the City's share of the
CalTrans' money be administered by OBRA for environmental remediation activities at the Army
Base; now, therefore, be it
RESOLVED: That Council hereby approves a municipal services agreement with the
Oakland Base Reuse Authority for the provision of municipal services related to OBRA's
possession and use of the Oakland Army Base in the amount of One Million, One Hundred Forty
Thousand Dollars (SI, 1 40,000); and be it
FURTHER RESOLVED: That the City Manager is hereby authorized to accept
$1,140,000 from OBRA pursuant to the municipal services agreement and to appropriate such
funds; and be it
FURTHER RESOLVED: That the City Attorney shall review and approve the
agreement with OBRA prior to the City Manager's execution of said agreement; and be it
FURTHER RESOLVED: That OBRA is hereby authorized to handle and
administer the City's portion of the CalTrans' money for environmental remediation activities at
the Oakland Army Base.
IN SESSION, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- Item /Q. 2 7 67 kr--bl-
NOES- ORA/Council
ABSENT- July 15, 2003
ABSTENTION-
Attest:
CEDA FLOYD
CITY CLERK AND SECRETARY TO
THE CITY COUNCIL
308090
APPROVED AS TO FORM AND LEGALITY
CITY CLERK
2GHJUN26 PP,12:25
OAKLAND CITY COUNCIL
ORDINANCE No. C. M. S.
AN ORDINANCE ALTERING THE PORT AREA BOUNDARY TO
INCLUDE AND EXCLUDE VARIOUS SPECIFIED PARCELS AT AND
ADJACENT TO THE FORMER OAKLAND ARMY BASE
WHEREAS, Sections 706(4), 706(15) and 725 of the Charter authorize the Port of
Oakland ("Port") to own and have control and jurisdiction of real property in the Port Area,
and
WHEREAS, Sections 706(4), 706(15) and 725 of the Charter authorize the Port to
relinquish and transfer control and jurisdiction over any such property to the City of
Oakland, acting by and through its City Council, upon the request and recommendation of
the Board of Port Commissioners (the "Port Board") and the approval of the City Council;
and
WHEREAS, Sections 706(4) and 725 of the Charter also authorize the City
Council to enlarge the Port Area upon the request of the Port Board; and
WHEREAS, the City Council has previously approved and authorized the
negotiation and entrance of a Memorandum of Agreement with the Port, the Oakland
Redevelopment Agency and the Oakland Base Reuse Authority regarding the
conveyance and development of the former Oakland Army Base ("MCA") pursuant to
certain specified terms and conditions; and
WHEREAS, the MCA, although not in final form and not executed by the
representatives of the parties, sets forth the intentions of the parties thereto that the
following specified parcels of land at and adjacent to the former Army Base that are
currently within the Port Area will be owned and developed by the Redevelopment
Agency ("City Parcels") and that the Port Area Boundary will be altered to exclude the City
Parcels:
1 An approximate 140 acre parcel of land west of Maritime Street as more
particularly described on Exhibit A, attached hereto, and commonly
referred to as the "West Maritime Property";
2) An approximate one acre parcel of land north of West Grand Avenue as
more particularly described on Exhibit A, attached hereto, and commonly
referred to as the West Maritime Army Reserve Property; it,. /0-27 CC,
ORA/Council
107982 July 15,2003
3) Three parcels of land of approximately 8 acres adjacent to the former
Army Base as more particularly described on Exhibit A and commonly
referred to as CalTrans Parcels Nos. 5, 6 and 7; and
WHEREAS, the. MOA further sets forth the intentions of the parties that the
following specified parcels of land at and adjacent to the former Army Base that are
currently not within the Port Area will be owned or developed by the Port ("Port Parcels")
and that the Port Area Boundary will be altered to include the Port Parcels; and
1 An approximate 171 acre parcel of land east of Maritime Street at the
former Army Base as more particularly described on Exhibit B and
commonly referred to as the East Maritime Property;
2) Three parcels of land of approximately 9.4 acres adjacent to the former
Army Base as more particularly described on Exhibit B and commonly
referred to as the East Maritime Army Reserve Property;
3) Four parcels of land of approximately 6 acres adjacent to the former
Army Base as more particularly described on Exhibit B and commonly
referred to as CalTrans Parcels Nos. 1, 1A, 2 and 2A; and
WHEREAS, it is the intention of the parties that the alteration of the Port Area
Boundary, with the exception of the West Maritime Army Reserve Property, shall not be
effective until three years after conveyance of the former Army Base from the Army; and
WHEREAS, the Port Board has passed a Port Ordinance finding that, subject to
certain specified terms and conditions, the City Parcels are no longer necessary for port
purposes and approving the alteration of the Port Area to exclude the City Parcels (the
"Port Ordinance"); and
WHEREAS, the Port Board, by passage of the Port Ordinance, has also approved
a request of the City Council to alter the Port Area to include the Port Parcels within the
Port Area; and
WHEREAS, the requirements of California Environmental Quality Act of 1970
("CEQA"), the CEQA Guidelines as prescribed by the Secretary for Resources, and the
provisions of the Environmental Review Regulations of the City of Oakland have been
satisfied with the completion and certification of the Oakland Army Base Redevelopment
Area Environmental Impact Report ("EIR");
NOW, THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES
ORDAIN AS FOLLOWS:
Section 1. Pursuant to Sections 706(4), 706(15) and 725 of the Charter, the City
Council, subject to the terms and conditions set forth herein, hereby alters the Port Area
to exclude the City Parcels.
Section 2. Pursuant to Sections 706(4) and 725 of the Charter, the City Council,
subject to the terms and conditions set forth herein, hereby alters the Port Area to include
the Port Parcels.
Section 3. That the actions set forth in Sections I and 2 above are conditioned
on (i) the conveyance of the former Army Base from the Army to Oakland Base Reuse
Authority, and (11) the completion, execution and continued existence of (non-default by
the parties to) the MOA.
Section 4. That the alterations of the Port Area, as set forth in Sections I and 2,
with the exception of the West Maritime Army Reserve Property, are also conditioned on
the expiration of the three year period following the conveyance of the former Army Base
from the Army.
Section 4. The City Manager or his designee is hereby authorized to negotiate
and execute documents and take whatever other action is necessary in order to
implement the purpose of this Ordinance.
Section 5. This Ordinance shall be effective only upon the effectiveness of the
Port Ordinance.
Section 6. That the Council finds that this Ordinance is in compliance with the
requirements of tke California Environmental Quality Act of 1970, the CEQA Guidelines
and the City's Environmental Review Regulations.
IN COUNCIL, OAKLAND, CALIFORNIA, , 2003
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN, and PRESIDENT DE LA
FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
Itemla. 2 7 CC,
ORA/Council
July 15, 2003
OFFICE 01@
C1 TY CL ERr.
2863JUN26 PH12:25
AN ORDINANCE ALTERING THE PORT AREA BOUNDARY TO
EXCLUDE VARIOUS PARCELS AT AND ADJACENT TO THE
FORMER OAKLAND ARMY BASE AND TO INCLUDE
VARIOUS PARCELS AT AND ADJACENT TO THE FORMER
OAKLAND ARMY BASE
NOTICE AND DIGEST
This Ordinance alters the Port Area boundary to exclude an approximate 140 acre
parcel of land located west of Maritime Street at the former Army Base, an
approximate one acre parcel of land north of the former Army Base and three
parcels of land of approximately 8 acres adjacent to the former Army Base and to
include an approximate 171 acre parcel of land east of Maritime Street at the
former Army Base, three parcels of land of approximateiy 9.4 acres adjacent to the
former Army Base and four parcels of land of approximately 6 acres of land
adjacent to the former Army Base. The Ordinance provides that the exclusion and
inclusion of parcels from and in the Port Area boundary, with the exception of the
exclusion of the one acre parcel, will be effective three years after the conveyance
of the former Army Base from the Army.