City of Oakland Legistar System

Subject: Coliseum Transit Hub Streetscape Project

From: Public Works Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) A Resolution Authorizing The City Administrator To Apply For, Accept And

Appropriate Metropolitan Transportation Commission's Federal Congestion Mitigation

And Air Quality ("MTCFCMAQ") Funding For The Coliseum Transit Hub Streetscape

Project Of Eighty Nine Thousand Dollars ($89,000.00) And The West Oakland Bay Trail

Gap Closure Project Of Seven Hundred Seventy Thousand Dollars ($770,000.00), To

Accept Additional MTCFCMAQ Funds If They Become Available Without Return To

Council, And Assuring The City Of Oakland Will Complete The Projects If Awarded

The Grant Funds; And,

2) An Agency Resolution Authorizing A Contribution Of Up To $16,000.00 In

Redevelopment Agency Funds To The City Of Oakland Under The Cooperation

Agreement As Matching Funds For A Metropolitan Transportation Commission's

Congestion Management Air Quality Grant To Fund The Coliseum Transit Hub

Streetscape Improvement Project

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

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

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

Subject: The Natural Disaster Assistance Act

From: Oakland Fire Department

Recommendation: Adopt A Resolution Re-Designating The Manager Of The Office Of

Emergency Services As An Additional Authorized Agent To Those Specified In Oakland

City Council Resolution No. 70955 C.M.S., Dated, February 15, 2005, To Receive,

Process And Coordinate All Inquiries And Requirements Necessary To Obtain Available

Federal Financial Assistance Under The Robert T. Stafford Disaster Relief And

Emergency Assistance Act Of 1988, And State Financial Assistance Under The Natural

Subject: Updates To The Alameda County Oil Spill Contingency Plan

From: Oakland Fire Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply

For, Accept And Appropriate A Grant From The California Department Of Fish And

Game In The Amount Of Thirty Five Thousand Dollars ($35,000) To Reimburse

Oakland Its Costs And The Costs Of Participating Agencies Incurred In Updating And

Revising The Alameda County Oil Spill Contingency Plan, And Certifying The

Department Of Fish And Game And Oil Spill Prevention Response ("DFG-OSPR")

Grant Agreement

Subject: Second Year Program Implementation Of Project First

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf

Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not

To Exceed Two Hundred Thousand Dollars ($200,000) From The State Of California,

Corrections Standard Authority, Title V Community Prevention Grants Program, And

Authorizing A Funding Agreement In An Amount Not To Exceed One Hundred Seventy

Thousand Dollars ($170,000) With Safe Passages For Second Year Program

Implementation Of Project First, And Appropriate Said Funds To The Police Department

Subject: Second Year Program Implementation Of The Oakland Youth Court

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing the City Administrator, On Behalf

Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not

To Exceed Two Hundred Thousand Dollars ($200,000) From The State Of California,

Corrections Standard Authority, Title V Community Prevention Grants Program, And

Authorize A Funding Agreement In An Amount Not To Exceed One Hundred Eighty

Thousand Dollars ($180,000) With The Donald P. McCullum Youth Court For Second

Subject: Donald P. McCullum Youth Court - Continued Program Implementation

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator, On Behalf

Of The City Of Oakland, To Accept And Appropriate Grant Funds In An Amount Not

To Exceed Twenty-Three Thousand Seven Hundred And Fifty-Three Dollars ($23,753)

From The State Of California, Corrections Standard Authority, Juvenile Accountability

Block Grant (JABG) Program, And Authorizing A Funding Agreement In An Amount

Not To Exceed Twenty Thousand Dollars ($20,000) With The Donald P. McCullum

Youth Court For Continued Program Implementation Of The Oakland Youth Court,

Interface Project, And Appropriate Said Funds To The Police Department

Subject: West Oakland Weed And Seed Initiative - Fifth Year

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing the City Administrator, On Behalf

Of The City of Oakland, To Accept And Appropriate Grant Funds In An Amount Not To

Exceed Two Hundred Twenty-Five Thousand Dollars ($225,000) From The U.S.

Department Of Justice, Office Of Justice Programs, Community Capacity Development

Office, For Fifth Year Program Implementation Of The West Oakland Weed And Seed

Initiative And Appropriate Said Funds To The Police Department

Subject: Van Pelt Parade Fire Engine - Community Event Utilization

From: Oakland Fire Department

Recommendation: Adopt A Resolution To Authorize The Use Of The 1967 Van Pelt

Parade Fire Engine By The Oakland Fire Department At Community Events Throughout

The City Of Oakland And In Neighboring Cities And Counties And To Allow The

Lending Of The Same Parade Fire Engine To City Of Oakland Employee Organizations

Such As International Association Of Firefighters Local 55, Oakland Firefighters

Random Acts, Oakland Black Firefighters Association And Women Firefighters

Associations And To Non-Profit Organizations Such As Special Olympics And YMCA

For Appearances At Local Community Events That Promote Civic Participation And

Benefit The Economically Disadvantaged, Seniors, Disabled Persons And Youth

Subject: Real Estate Exchange Agreement - Project 5110 LLC

From: Community and Economic Development Agency

Recommendation: Approve The Final Passage (Second Reading) Of An Ordinance

Amending Ordinance No. 12698 C.M.S. To Authorize The City Administrator To 1)

Negotiate And Execute A Real Estate Exchange Agreement With Project 5110 LLC To

Exchange 4,636 Square Feet Of City-Owned Surplus Properties At 51st Street And

Telegraph Avenue For 3,114 Square Feet Of Property On An Adjacent Lot Owned By

Project 5110 LLC, Plus Cash For The Market Value Of Approximately 1,522 Square

Feet Of Property, And Take All Other Actions Necessary To Effectuate The Exchange;

2) Negotiate And Execute An Agreement Designating A Public Walkway/Greenbelt

Area On The Tentative Parcel Map 9074 For A Public Walkway; And 3) Negotiate And

Execute A Maintenance Agreement For On-Going Maintenance Of The Walkway By

Project 5110 LLC Or The Condominium Homeowners Association Or Designee

Subject: Greenman Field Renovation Project

From: Public Works Agency

Recommendation: Adopt A Resolution Waiving Further Bidding As Permitted Under

Oakland Municipal Code Section 2.04.050.I And Authorizing The City Administrator To

Informally Re-Bid Or Negotiate If Necessary, And Award A Construction Contract In

Accord With Plans And Specifications For The Greenman Field Renovation Project

(Project NOS C197010/20/30) Within Budget In An Amount Not To Exceed One

Million Two Hundred Thousand Dollars ($1,200,000.00), Without Return To City

Council

Subject: Transitional Jobs Services

From: Department Of Human Services

Recommendation: Adopt A Resolution Authorizing The City Administrator To

Negotiate And Execute Two Separate Grant Agreements Between The City Of Oakland

And The Allen Temple Housing And Economic Development Corporation For An

Amount Not To Exceed $390,000 And With The Youth Employment Partnership, Inc.

For An Amount Not To Exceed $150,000 To Provide Transitional Jobs Services In

Accordance With The Violence Prevention And Public Safety Act Of 2004 For The

Period Of August 1, 2006 To June 30, 2007 With Two One-Year Options To Renew

Subject: Carry Forward Violence Prevention Program Funds

From: Department Of Human Services

Recommendation: A Report And Recommendations For The Use Of An Estimated $1.5

Million In Carry Forward Violence Prevention Program Funds From The Violence

Prevention And Public Safety Act Of 2004 From Fiscal Year 2005-2006 For Gang

Prevention And Intervention Programs

Staff Recommendations:

1) Gang Prevention And Intervention Parent Education And Support Groups

Demonstration Grants - $300,000 Over Two Years

2) Gang Intervention And Prevention Demonstration Grants - $380,000 Over Two Years

3) Community Crisis Response Teams - $800,000 Over Two Years

Subject: Police And Fire Retirement Board Investments

From; Finance And Management Agency

Recommendation: Adopt A Resolution Submitting On The Council's Own Motion To Be

Voted Upon At The Municipal General Election To Be Held On November 7, 2006, A

Proposed Charter Amendment, Entitled "Measure Amending City Charter Section

2601(E) To Provide That The Police And Fire Retirement Board Shall Make Investments

In Accordance With The Prudent Person Standard As Required By The California

Constitution", Which Will Remove Investment Restrictions That Currently (1) Prohibit

The Board From Investing More Than Fifty Percent Of The Retirement Fund In Equities

(Stock And Mutual Funds) And (2) Prohibit Investment In Non-Dividend Paying Stocks

Unless the Board Approves Such Investment In Advance On A Case-By-Case Basis

Subject: Transfer And Development Of The Fox Theater

From: Community and Economic Development Agency

Recommendation: Adopt The Following Pieces Of Legislation:

1) Conduct A Public Hearing And Upon Conclusion 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;

(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

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

The Agency Receives For The Project Including (A) The California Cultural And

Historical Endowment Grant In The Amount Of $2,887,500; And (B) The State Historic

Preservation Office 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; And

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;

A 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