City of Oakland Legistar System

Subject: One Stop Career Center Operations - Budget Increase

From: Community And Economic Development Agency

Recommendation: Adopt A Resolution To 1) Amend Resolution No. 79474 C.M.S. To

Allocate An Additional $575,000 In Workforce Investment Act Funds To The Oakland Private

Industry Council, Inc. For One Stop Career Center Operations For Fiscal Year 2005-2006 To

Support Workforce Development Programs As Budgeted By The Oakland Workforce

Investment Board; And 2) To Authorize The Set Aside Of $375,000 From The Oakland Private

Industry Council's Fiscal Year 2006-2007 One Stop Career Center Budget To Be Let Through

Competitive Bid To Provide Services For Formerly Incarcerated Individuals And Young Adults

Transitioning From Foster Care (06-0468)

Subject: Dissolution Of The Oakland Base Reuse Authority

From: Community and Economic Development Agency

Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt The Following

Pieces of Legislation:

1) An Agency Resolution Authorizing The Agency Administrator To Accept All Of The Assets

And Obligations Of The Oakland Base Reuse Authority (OBRA) And To Take All Actions

Necessary To Complete The Dissolution Of OBRA Including:

(1) Creation And Operation Of An Oakland Redevelopment Agency (Agency) Leasing And

Property Management Program At The Former Oakland Army Base; (2) Assumption Of All Of

The Rights And Obligations Of OBRA In The Agreements Listed In Attachment A Hereto; (3)

Acceptance And Appropriation Of OBRA's Proposed Administrative Budget In An Amount

Not To Exceed Three Million Two Hundred Thousand Dollars ($3,200,000); (4) Acceptance

And Appropriation Of Proposed Operating Budget In An Amount Not To Exceed Eight Million

Nine Hundred Forty-Seven Thousand Five Hundred Dollars ($8,947,500); (5) Extension Of

OBRA's Security Services Contract With ABC Security Company For One Year In An Amount

Not To Exceed Two Hundred Twenty Thousand Dollars ($220,000); (6) Approval And

Execution Of A Letter Amendment To The Memorandum Of Agreement For Oakland Army

Base Dated July 8, 2003 (City-Port MOA) Regarding The Mitigation Monitoring And

Reporting Program At The Army Base, In An Amount Not To Exceed Six Hundred

Seventy-Eight Thousand Dollars ($678,000); (7) Approval And Execution Of A Resource

Management Agreement With The Port Of Oakland, In An Amount Not To Exceed Three

Hundred Thousand Dollars ($300,000); (8) Approval And Execution Of A Utilities Operation

Agreement With The Port Of Oakland, In An Amount Not To Exceed Seven Hundred

Twenty-Five Thousand Dollars ($725,000) Over A Two-Year Period; And (9) Acceptance Of

The Transfer Of $1,050,000, Of The Balance Of A $2,400,000 Public Works Grant Awarded

To OBRA By The United States Department Of Commerce Economic Development

Administration; And (06-0397)

Subject: Affordable Homeownership Programs

From: Community and Economic Development Agency

Recommendation: Action On A Report And Recommendations On Policy Changes For The

Affordable Homeownership Development Program

Staff Recommendations:

1) Increase The Maximum Subsidy Provided By The City For Affordable Ownership

Development Projects, From 40 Percent To 50 Percent Of The Total Development Cost (TDC)

Of The Affordable Unit

2) Increase The Target Income Level For Ownership Development Projects From An Average

Of 100% To 120% Of Area Median Income (06-0390)

Subject: Transfer And Development Of The Fox Theater

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) An Agency Resolution Authorizing The Agency Administrator To Enter Into An Amended

And Restated Disposition And Development Agreement (DDA) Between The Agency And

Oakland Renaissance NMTC, Inc. (ORNMTC), A Non-Profit Entity, And Authorizing The

Assignment Of The DDA And Transfer Of The Fox Theater Property To The Fox Oakland

Theatre, Inc. (FOT), A Non-Profit Entity, By Sale For $6,500,000 Or Long Term Lease Based

On A Transfer Value Of $6,500,000, And Development Of The Property As A Mixed Use

Entertainment, Office And School Facility, Which DDA Will Include The Following

Provisions:

(a) Authorizing Subsequent Transfer From FOT By Sale, Or Long Term Lease Of The Fox

Theater Property To A For Profit Development Entity Created By FOT In Order To Take

Advantage Of Tax Credits;

(b) Authorizing A Loan Not To Exceed $32,000,000 To FOT To Partially Fund The Project To

Be Comprised Of The Following: i) A Site Acquisition Loan Of $6,500,000 To Finance The

Purchase Of The Property From The Agency, ii) The $3,000,000 Predevelopment Loan

Previously Authorized In The DDA, iii) An Additional Predevelopment Loan Not To Exceed

$1,050,000 To Be Used Prior To Transfer Of The Fox Theater, And iv) An Additional

Development Loan Not To Exceed $21,450,000 To Be Used To Complete Construction Of The

Project;

Portion Of The Fox Commercial Space As A Charter School;

(d) Approving Essential Terms For The Another Planet Entertainment Lease For Operation Of

The Fox Theatre;

(e) Authorizing The Developer to Waive Competitive Bidding And Request For Proposal

Requirements For All Professional Services, Procurement And Construction Contracts; And

(f) Authorizing A Loan Repayment Guarantee From The Agency To A Conventional Lender

Not To Exceed $6,500,000;

(2) Authorizing The Agency To Reimburse ORNMTC For All Costs Covered By Grants The

Agency Receives For The Project Including (A) The Prop 40 Grant In The Amount Of

$2,887,500; And (B) The SHPO Grant In The Amount Of $375,000; And

(3) Ratification Of The Prior DDA Between The Agency And ORNMTC Entered Into On

August 30, 2005 (06-0394)

2) A Resolution Authorizing (1) The Oakland Redevelopment Agency To Dispose Of The Fox

Theater Property To Fox Oakland Theater, Inc., A Non-Profit Corporation Pursuant To A

Disposition And Development Agreement (DDA) That Will Initially Be Between The Agency

And Oakland Renaissance NMTC, Inc. (ORNMTC), A Non-Profit Entity, And Authorizing

The Assignment Of The DDA And Transfer Of The Fox Theater Property To The Fox Oakland

Theater, Inc. (FOT), A Separate Non-Profit Entity, By Sale For $6,500,000 Or Long Term

Lease Based On A Transfer Value Of $6,500,000, And Development Of The Property As A

Mixed Use Entertainment, Office And School Facility, And The DDA Will Include The

Following Provisions:

(a) Authorizing Subsequent Transfer From FOT By Sale, Or Long Term Lease Of The Fox

Theater Property To A For Profit Development Entity Created By FOT In Order To Take

Advantage Of Tax Credits;

(b) Authorizing A Loan Not To Exceed $32,000,000 To FOT To Partially Fund The Project To

Be Comprised Of The Following: i) A Site Acquisition Loan Of $6,500,000 To Finance The

Purchase Of The Property From The Agency, ii) The $3,000,000 Predevelopment Loan

Previously Authorized In The DDA, iii) An Additional Predevelopment Loan Not To Exceed

$1,050,000 To Be Used Prior To Transfer Of The Fox Theater, And iv) An Additional

Development Loan Not To Exceed $21,450,000 To Be Used To Complete Construction Of The

Project;

Portion Of The Fox Commercial Space As A Charter School;

(d) Approving Essential Terms For The Another Planet Entertainment Lease For Operation Of

The Fox Theatre;

(e) Authorizing The Developer to Waive Competitive Bidding And Request For Proposal

Requirements For All Professional Services, Procurement And Construction Contracts;

(f) Authorizing A Loan Repayment Guarantee From The Agency To A Conventional Lender

Not To Exceed $6,500,000

(g) Authorizing A Contingent Loan Not To Exceed $3,530,000 To Be Used For Costs

Associated With Obtaining Historic And New Markets Tax Credits Should Operating Revenues

Be Insufficient, Which Costs Include Annual Return And Buyout Costs To Tax Credit

Investors;

(h) Authorizing The Agency To Accept And Appropriate The Amount Of Any Recovery From

Insurance Proceeds From Fire Damage At the Fox Theater, Which Amount Is Expected To Be

In Excess Of $1,500,000; And

(i) Providing The Agency Or Its Designee With The Option To Purchase The Fox Theater

Property After The Tax Credit Period Has Expired; And

(2) The City To Accept, Appropriate And Reimburse FOT Or Successor For All Costs Covered

By The $600,000 Department Of Housing And Urban Development (HUD) Economic

Development Initiative (EDI) Special Projects Grant For The Fox Theater Restoration

(06-0394-1)

The Committee directed staff to report to the July 18, 2006 City Council

meeting with the following: 1) copy of the Disposition and Development

Agreement (DDA); 2) an additional resolution stating that "after 7.5 years, the

project is returned back to the City"; 3) level of green building practices in

design and construction; and 4) terms of the 32 million dollar loan.

The following individual(s) spoke in favor of this item:

- Christina Marie Boyd

- Breana Kay Connor

- Kent Overshoun

- Joselle Norton Miller

- Torria L. Gates

- Loni Berry

- Tiffany Simone Knuckles

- Al Watts

- Gregg Perloff

- Douglas Gillmore

- Laurie Gordon

- Bernard J. Norman

- Terrence Johnson

- Lucella T. Harrison

- James Coles

- Delphine I. Prevost

- Cheryl Luna

- Suzanne M. Gamble

- Steve Lowe

- William Childs

- Wiley J. Pierce

- Patrice Rose

- Martin R. Sims

- Mario A. Chiodo

- Joe Haraburda

- Naomi Schiff

- Patricia Dedekian

- Diana Karina Moreno

- Taye Stewart

- Steve Snider

- Kevin Burns

- Peter Van Kleef

- Fred Jones

- Todd C. Vasko

- Gwen Ashford

- Mike O'Brien

- Garnl B. Gabourl

- Irvine James

- Geralo Harvey

- Samuel Oehoeho

- Victor C. Perry

- Michael D. Spencer

- Isabell Claire Corbett

- Steve Wellsom

The following individual(s) spoke against this item:

- Clinton Killin

- Maxine Oliver-Benson

- Gene Hazzard

- Andy Spearman

- Eddie R. Dillard

The following individual(s) spoke and did not indicate a position on this item:

- Sandre Swanson

- Robin Inea Coomer

- Andrew Duncan Johnstone

- Qa'Id Tanhoed Aqeel

- Kokarulu Lumukanda

- Darrel Carey

- Aaron M. Lane

- David Johnson

- Bruce Lawrence

- Geoffrey Peter

- Sanjiv Handa

2) An Agency Resolution Allocating Funding For Various Improvement Projects In An

Amount Not To Exceed $180,000 Under The Coliseum Redevelopment Neighborhood Project

Initiative Program, Accepting And Appropriating A Contribution Of Agency Funds To The

City Under The Cooperation Agreement In An Amount Not To Exceed $155,000 For City

Public Improvements Under The Program, And Authorizing The Agency Administrator To

Enter Into Agreements With Project Sponsors And Make Necessary Expenditures To

Implement Projects Funded Under The Program Without Returning To The Agency

(06-0407-1)

Subject: 66th Avenue Streetscape Improvement Project

From: Community And Economic Development Committee

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Accepting And Appropriating $530,300 Of Federal Surface Transportation

Funds Through The Metropolitan Transportation Commission's Housing Incentive Program For

The 66th Avenue Streetscape Improvement Project, Stating The Assurance Of The City Of

Oakland To Complete The Project, And Accepting And Appropriating Up To $68,910 From

The Redevelopment Agency Under The Cooperation Agreement As The Local Match

(06-0472)

The Committee directed staff to report to the July 18, 2006 City Council

meeting with information on a moratorium on tower construction to be effective

until the first Council meeting on September 19, 2006.

The following individual(s) spoke in favor of this item:

- Mark Theiding

- John Lloyd Lipp

- Rev. Christopher Jones

- Ronnie C. Spitzer

- Katherine E. Gibson-Hodriek

- Marian L. O'Brien

- Councilmember Nancy Nadel

The following individual(s) spoke against this item:

- Daniel Reidy

- Dan Joy

- Paul Albritton

- Misako Hill

The following individual(s) spoke and indicated a neutral position on this item:

- Scott B. Peterson

The following individual(s) spoke and did not indicate a position on this item:

- Simon Waddington

- Paul Kuroda

- Rod De La Rosa

The Committee accepted and forwarded Option 3 from the staff report and

directed staff to move forward on the library and trade center projects

simultaneously.

The following individual(s) spoke in favor of this item:

- Matt Davis

- Sylvester Grisby

- Duncan Bruce Ballash

The following individual(s) spoke against this item:

- Naomi Schiff

The following individual(s) spoke and indicated a neutral position on this item:

- Scott B. Peterson

- Helen Hutchison

The following individual(s) spoke and did not indicate a position on this item:

- Ed Oppel

- David Mix

- Jose Duenas

- Mayor Elihu Harris

- Sanjiv Handa

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