Agenda Items

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20-0815 3) Adopt a Resolution Overruling Protests And Objections And Accepting And Confirming Reports Of The City Administrator On The Costs Incurred By The City Of Oakland For Delinquent Business Taxes And Authorizing The Recordation Of Liens With Administrative And Assessment Charges As Necessary Pursuant To Chapter 5.04 Of The Oakland Municipal Code, And Directing The Notice Of Lien And Assessment Charges Be Turned Over To The County Tax Collector For Collection (Option 3); On The December 1, 2020 City Council Agenda As A Public Hearing

3.6 20-0819 Subject: Major Encroachment Permit At 565 Sycamore Street From: Transportation Department Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit Liberty26, LLC, To Allow Portions Of The Existing Garage At 565 Sycamore Street To Encroach Into The Public Right-Of-Way On Sycamore Street, Major Encroachment Permit ENMJ20054; On The December 1, 2020 City Council Agenda On Consent

3.7 20-0817 Subject: Major Encroachment Permit At 7032 Sayre Drive From: Transportation Department Recommendation: Adopt A Resolution Granting A Conditional And Revocable Major Encroachment Permit To David Bailey And Shewit Bailey, To Allow Portions Of An Existing Three-Story Building To Encroach Into The Public Right-Of-Way Fronting 7032 Sayre Drive, Major Encroachment Permit ENMJ1706; On The December 1, 2020 City Council Agenda On Consent

3.8 20-0816 Subject: Highway Safety Improvement Program (HSIP) Cycle 7 Telegraph Avenue From: Transportation Department Recommendation: Adopt A Resolution Awarding A Construction Contract To Ray's Electric, For The Highway Safety Improvement Program (HSIP) Cycle 7 Telegraph Avenue Improvement Project, Project No. 1003203, The Lowest, Responsible, Responsive Bidder In Accordance With Project Plans, Specifications, State Requirements, And With Contractor's Bid In The Amount Of Two Million One-Hundred Eight Thousand Thirty-Nine Dollars And Fifty-Five Cents ($2,108,039.55); On The December 1, 2020 City Council On Consent

3.9 20-0806 Subject: HSIP 7 - Market From: Transportation Department Recommendation: Adopt A Resolution Awarding A Construction Contract To Ray's Electric Inc., For Highway Safety Improvement Program (HSIP) Cycle 7, Claremont Avenue and Shattuck Avenue Pedestrian Treatments Project, Project No. 1003251, The Lowest, Responsible, Responsive Bidder In Accordance With Project Plans, Specifications, State Requirements, And With Contractor's Bid In The Amount Of One Million Fifty Three Thousand Five Hundred Sixty Dollars ($1,053,560); On The December 1, 2020 City Council Agenda On Consent

3.10 20-0820 Subject: Broadway Shuttle Agreement From: Transportation Department Recommendation: Adopt A Resolution Authorizing An Agreement With Jack London Square Existing (Oakland) Owner, LLC To Subsidize Operations of the Broadway Shuttle, Including Operations, Signage, Vehicle Wraps, Educational Brochures, Advertising, Project Management Staff Costs, and Feasibility Analysis Between January 1, 2019 to June 30, 2022; On The December 1, 2020 City Council Agenda On Consent

3.11 20-0794 Subject: J. Kaiser Convention Center - LDDA Second Amendment From: Economic & Workforce Development Department Recommendation: TITLE CHANGE [OLD TITLE] Adopt The Following Pieces Of Legislation: 1) An Ordinance That Authorizes The City Administrator Or Designee To Negotiate And Execute A Second Amendment To The Lease Disposition And Development Agreement, Between The City Of Oakland (City) And Oakland Civic, LLC (Oakland Civic) (LDDA), And Related Documents, For Renovation And Rehabilitation Of The Property That: (A) Modifies Certain Closing Requirements, Including Eliminating Binding Pre-Lease Requirements And A Surety Bond And Increasing Required Guarantor Minimum Net Worth From 25 Percent To 50 Percent, And Adds Notice And Cure Rights For Historic Tax Credit Investors; And (B) Makes Amendments To The Form Of The Lease Attached As Exhibit C To The LDDA To: (I) Revise And Insert Definitions Of Sponsorship/Donation Agreements And Naming Rights, As Applicable, And Specify When Proceeds Of Such Agreements Will Be Considered As Gross Income For Calculation Of Rent Participation; (II) Document Rights Of Oakland Civic And Calvin Simmons Theatre (CST) To Enter Into An Event Use/Sponsorship Agreement With The Kaiser Foundation Health Plan, Inc. (Kaiser) For A Term Of Up To 20 Years, And Related Documents, For A Maximum Payment Of $1.5 Million To Be Used For Renovation Of The Theatre Consistent With The Lease And Commit City To Entering Into A Recognition Agreement With Kaiser For Such Sponsorship Agreement, Subject To Certain Termination Rights And City Protections; (III) Document Tenant's Consent To The City Entering Into A Naming Rights Agreement And Related Documents With Kaiser For The Property; And (IV) Make Minor Revisions To Correspond With The Agreed Upon Community Benefits Agreement Between Oakland Civic, CST And Black Arts Movement And Business District Community Development Corporation, And Adds Notice And Cure Rights For Historic Tax Credit Investors; And [NEW TITLE] Adopt The Following Pieces Of Legislation: 1) An Ordinance For The Real Property Located At 10 Tenth Street And Commonly Known As The Henry J. Kaiser Convention Center ("Property" Or "Kaiser Convention Center"): (1) An Ordinance That Authorizes The City Administrator Or Designee To Negotiate And Execute A Second Amendment To The Lease Disposition And Development Agreement Between The City Of Oakland ("City") And Oakland Civic, LLC ("Oakland Civic") ("LDDA"), And Related Documents, For Renovation And Rehabilitation Of The Property That: (A) (I) Modifies Certain Closing Requirements, Including Eliminating Non-Binding Letters of Intent Pre-Lease Requirements And Surety Bonds And Increasing Required Guarantor Minimum Net Worth From 25 Percent To 50 Percent, And (II) Adds Notice and Cure Rights For Tax Credit Investors; And (B) Makes Amendments To The Form Of The Lease Attached As Exhibit C To The LDDA To: Revise And Insert Definitions Of Sponsorship/Donation Agreements And Naming Rights, As Applicable, And Specify When Proceeds Of Such Agreements Will Be Considered As Gross Income For Calculation Of Rent Participation; (A) Document Rights Of Oakland Civic And Calvin Simmons Theatre ("CST") To Enter Into An Event Use/Sponsorship Agreement With Kaiser Foundation Health Plan, Inc. ("Kaiser Foundation") For A Term Of Up To 20 Years, For A Maximum Payment Of $1.5 Million To Be Used For Renovation Of The Theatre Consistent With The LDDA And The Lease, And Related Documents, And (B) Authorize The City Administrator Or Designee To Negotiate and Enter Into A Recognition Agreement With Kaiser Foundation For Such Sponsorship Agreement, Subject To Certain Termination Rights And City Protections; (III) Document Oakland Civic's Consent To The City Entering Into A Naming Rights Agreement And Related Documents With Kaiser Foundation For The Property; And (IV) Make Minor Revisions To (A) Add Notice and Cure Rights for Tax Credit Investors; and (B) Correspond With The Agreed-Upon Community Benefits Agreement Between Oakland Civic, CST And Black Arts Movement And Business District Community Development Corporation; And

20-0795 [OLD TITLE] 2) A Resolution: (A) Authorizing The City Administrator Or Designee To Negotiate And Enter Into A Naming Rights Agreement And Related Documents With Kaiser, Granting Kaiser The Right To Name The Property And Install Certain Exterior And Interior Signage Rights For A Term Of Up To 99 Years, Subject To Certain Termination Rights, For A Maximum Payment Of $12 Million, Payable In Installment Payments Commencing At Execution And Continuing Up To 36 Months; And [NEW TITLE] (2) A Resolution Authorizing The City Administrator Or Designee To Negotiate And Enter Into A Naming Rights Agreement And Related Documents With Kaiser Foundation, Granting Kaiser Foundation The Right To Name The Property And Install Certain Exterior And Interior Signage For A Term Of Up To 99 Years, Subject To Certain Termination Rights, For A Lump Sum Payment Of $12 Million, Commencing At Lease Execution; And

20-0796 [OLD TITLE] 3) A Resolution: (A) Awarding A 3-Year Grant Agreement To Oakland Civic To Be Used For Renovation And Rehabilitation Of The Property Consistent With The LDDA, In An Amount Not To Exceed $12 Million, Disbursable In Installment Payments Only Upon Receipt By City Of: Payments From Kaiser For The Naming Rights Agreement For The Property And Completion Of Requisite Construction Milestones By Oakland Civic. [NEW TITLE] 3) A Resolution Awarding A Grant To CST, Or A Related Entity or Affiliate, For A Term of 30 Months To Be Used For The Renovation Of The Calvin Simmons Theatre And Related Improvements, Consistent With The LDDA Between the City And Oakland Civic, In An Amount Not TO Exceed $12 Million, Disbursable By The City To CST In Progress Payments; On The December 1, 2020 City Council Agenda On Non-Consent.

3.12 20-0807 Subject: Fox Theater Asset Transfer And Loan Termination From: Economic Workforce Development Recommendation: Conduct A Public Hearing And Adopt The Following Pieces Of Legislation For The Real Property Located At 1807 Telegraph Avenue ("Fox Theater"): 1) An Ordinance Authorizing The City Administrator Or Designee To: 1. Accept From The Oakland Redevelopment Successor Agency ("ORSA") By Grant Deed, A Fee Simple Interest In The Fox Theater, Pursuant To The Long-Range Property Management Plan; 2. Execute An Assignment Of The Amended Ground Lease For The Fox Theater With ORSA As Assignor And Current Ground Lessor, The City As Assignee And New Ground Lessor, And The Fox Oakland Theater, Inc. ("FOT") As Ground Lessee, For A Term Of 16 Years; 3. Execute A Leaseback Agreement For The Fox Theater Between FOT As Lessor And The City As Lessee For A Term Of 16 Years At A Rate Of $247,500 Per Year, Totaling Approximately $3.95 Million, With A City Option To Purchase The Improvements For A Nominal Amount Of One Dollar Upon FOT's Satisfaction Of A Pledge To Pay ORSA The Amount Of $3.95 Million, Payable In Annual Installments Of $247,500 For A Term Of 16 Years; And

20-0810 2) An Ordinance Authorizing The City Administrator Or Designee To Execute An Assignment Pursuant To Which The City, As Assignee Would Assume From The Fox Oakland Theater, Inc., As Assignor, FOT's Interests As Landlord Under The Following Subleases: 1. The Amended And Restated Fox Theater Sublease With Oakland School For The Arts As Subtenant, Dated January 16, 2016, For A Term Ending June 30, 2021 At An Annual Rent Of Approximately $940,500; 2. The Fox Theater Building Sublease With GASS Entertainment, LLC As Subtenant, Dated As Of December 2006, As Amended, With Options To Extend Until February 6, 2034, For The 69,450 Square Feet Concert Hall At An Annual Percentage Rent Based On Paid Admissions And The 1,300 Square Feet Bar And Event Space At A Base Rent Of Approximately $2,813.56 Per Month, Increased By 10% In 2024 And Every Five Years Thereafter Upon Renewal; And 3. The Amended And Restated Fox Theater Restaurant Lease Agreement With The Emporium Oakland LLC, As Subtenant, Dated August 29, 2018, For $110,000 In Annual Rent For The 4,503 Square Feet Arcade Bar Venue, With Options To Extend Until 2036; And

20-0812 3) Resolution Authorizing The City Administrator Or Designee To Execute An Assignment, With City As Assignee And FOT As Assignor, Of Any Professional Services Agreement ("PSA") That May Be Entered Into Between FOT And Colliers International, Inc. For The Purpose Of Providing Property Management Services At The Fox Theater Assuming Such PSA Is In An Amount Not To Exceed $6,200 Per Month, Or $74,400 Per Year And Is For A Term Of Five Years That Is Extendable For Two Additional Terms Of Five Years Each; On The December 1, 2020 City Council Agenda As A Public Hearing

3.13 20-0818 Subject: Fox Theater Asset Transfer And Loan Termination (ORSA) From: Economic Workforce Development Recommendation: Conduct A Public Hearing And Upon Conclusion Adopt A Resolution, Acting As The Oakland Redevelopment Successor Agency ("ORSA") Board, That: 1. Authorizes The ORSA Administrator Or Designee To Execute A Second Amendment ("Second Amendment") To The Disposition And Development Agreement ("DDA") Between ORSA, As Successor To The Redevelopment Agency, And The Fox Oakland Theater, Inc. ("FOT") For The Real Property Located At 1807 Telegraph Avenue ("Fox Theater"), That Obligates ORSA To: A. Execute A Loan Satisfaction Agreement Terminating All Loan Agreements Between FOT And ORSA Totaling Approximately $46.4 Million Of Principal And $27.9 Million Of Accrued Interest ("Loan Terminations"); B. Accept Approximately $4.4 Million From FOT's Operating And Replacement Reserves ("Cash Payment") And A Pledge Agreement From FOT In The Amount Of $3.95 Million, Payable In Annual Installments Of $247,500 Over 16 years ("Pledge"), As Consideration For The Loan Terminations; C. Execute An Amendment And Assignment Of The Ground Lease With ORSA As Assignor and Current Ground Lessor, To The City As Assignee And New Ground Lessor, And FOT As Ground Lessee, For A Term Of 16 Years ("Assignment"); D. Pursuant To The Long-Range Property Management Plan, Convey To The City, By Grant Deed, A Fee Simple Interest In The Fox Theater ("Grant Deed") And Terminate The DDA, Concurrently With Acceptance Of The Cash Payment and Pledge From FOT And The Execution And Delivery Of The Loan Terminations And Assignment; And 2. Authorizes The ORSA Administrator Or Designee To Take All Actions Necessary To Implement The Second Amendment, Including Without Limitation The Execution And Delivery Of The Loan Terminations, Assignment, And Grant Deed, Consistent With The Foregoing Terms; On The December 1, 2020 City Council Agenda As A Public Hearing

3.14 20-0839 Subject: Redevelopment Bond Spending Plan From: Economic And Workforce Development Recommendation: Adopt A Resolution: 1) Authorizing The City Administrator To Amend The Bond Spending Plan For Excess Oakland Redevelopment Successor Agency (ORSA) Bond Proceeds For FY 2020-21; 2) Accepting $9,822,029 In Excess Bond Proceeds From ORSA And Appropriating e Said Funds; And 3) Amending The Appropriation And Reallocating $8,193,366 In Excess Bond Proceeds Previously Appropriated And Committed In The Approved Bond Spending Plan ; On The December 1, 2020 City Council Agenda On Non Consent

3.15 20-0781 Subject: Commercial Development Loan For The Swan's Marketplace Project From: Economic And Workforce Development Department Recommendation: Adopt An Oakland Redevelopment Successor Agency Resolution Approving The Resubordination And Modification Of An Existing Commercial Development Loan For The Swans Marketplace Project To Extend The Term Of The Loan To 2050; To The December 1, 2020 City Council Agenda On Consent

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