FILED

City of Oakland

Cf riCE OF THE CITY ClERP\

A2enda Report

02 ~IA~ 16 PH 2: 50

.) f, )(, L f. N (l

TO:
ATTN:
FROM:
DATE:

Office of the City Manager!Agency Administrator

Robert C. Bobb
Community and Economic Development Agency
May 28,2002

RE:

A
CITY
ORDINANCE
AND
AN
AGENCY
RESOLUTION
AUTHORIZING THE CONVEYANCE OF THE PARKING LOT
CONSISTING OF SEVEN (7) PARCELS LOCATED BEHIND THE FOX
THEATRE BY THE CITY TO THE REDEVELOPMENT AGENCY, AND
AUTHORIZING THE CONVEYANCE OF THE ALICE ARTS CENTER
LOCATED AT 1428 ALICE STREET FROM THE REDEVELOPMENT
AGENCY TO THE CITY.

SUMMARY
The Redevelopment Agency of the City of Oakland (Agency) is proposing to exchange the
Agency-owned Alice Arts Center located at 1428 Alice Street for the City of Oakland-owned
surface parking lot located behind the Fox Theater. This exchange of properties is an
administrative procedure to. correct the ownership vesting in the two properties. The proposed
property exchange will facilitate the Agency's ownership and control of all the properties located
behind the Fox Theater, which is consistent with the overall objectives of the Central District
Urban Renewal Plan for the Uptown Retail and Rehabilitation Area. The property exchange will
also ensure that the Agency can provide a developer with site control for the Uptown Project at
the earliest possible time. The transfer of the Center into City ownership is appropriate since the
renovation of the Center has been completed.
Staff recommends adoption of the Ordinance that authorizes the City to exchange its interests in
certain City-owned parcels with the Agency and accept ownership of the Center from the
Agency, and the Agency Resolution that authorizes this transaction by the Agency. Adoption of
this Ordinance and Resolution satisfies Mayor and City Council Priority Objectives #2 and #3.
FISCAL IMPACT
The proposed exchange of the properties will not have a direct fiscal impact since the exchange
will be on a property for property basis and the rental revenues for Alice Art Center will continue
to be available to the City's General Fund. The maintenance costs associated with Alice Arts
Center will continue to be provided by the City, so there will be no additional costs associated
with the proposed conveyance of the property. In addition, the rental revenue for the City-owned
properties behind the Fox Theater will continue to be available to fund a portion of the Public
Works Transportation Division, until the properties are redeveloped.

ORA/Council
May 28,2002

Robert C. Bobb
May 28,2002

Page 2

BACKGROUND
The City-owned parking lot properties are located in the Central District - Uptown Project Area
and consist of seven (7) parcels bounded by 19 th Street on the north, 18 th Street on the south, San
Pablo Avenue on the west and Fox Theater/Telegraph Avenue on the east. The City-owned
parcels were originally purchased in 1977. Since that time, the City and the Redevelopment
Agency have exchanged ownership of these parcels several times. In 1989, these parcels were
transferred from the Agency to the City, and this action will transfer the parcels back to the
Agency.

These parcels are currently under lease to a parking lot company and are being used as a public
parking lot. The rental revenue from the City-owned parcels is utilized to fund a portion of the
Public Works Transportation Division and will continue to be available until the parcels are
redeveloped.
The Agency has previously acquired numerous properties in the Uptown Project Area and will
continue to acquire parcels in anticipation of a future project. The conveyance of these
properties will increase the Agency's ownership and control over the Uptown Project Area and
ensure that the Agency can provide a developer with site control at the earliest possible time.
The Center is Oakland's premier community and professional multicultural arts center. It was
originally constructed in 1927 and contains over 93,000 square feet of space. The Center was
identified for use by arts organizations in 1983 and provides diverse, affordable, and accessible
arts programming for over 40,000 adults and youth. There are five studios, which can be used
for as performance spaces, a 400-seat theater, office, and conference room spaces, and
commercial spaces. It also contains 74 Single Room Occupancies units (SRO).
The renovation of the building for its current use as a community arts center was completed in
1993 and included seismic retrofitting, construction of performance and rehearsal studios,
restoration of historically significant elements and life-safety, mechanical, electrical, plumbing,
and accessibility improvements. Since the renovation of the Center has been completed the
transfer of the Center into City ownership is appropriate.
KEY ISSUES AND IMPACTS
The City-owned parcels, which abut Agency owned property in the back of the Fox Theater, will
be transferred to the Agency in order to facilitate a future Uptown Project Area. The Center will
be transferred to the City, which will continue to operate the facility and allow it to be utilized by
various cultural, artistic and educational non-profit organizations and for (SRO) residential uses.
SUSTAINABLE OPPORTUNITIES
The exchange of these properties will assist in any future redevelopment project, which will take
blighted, underutilized and contaminated sites and turn them into a higher and better use, such as
a potential housing and retail project.

The Alice Art Center will continue to provide a venue for the Oakland Ballet, other artistic nonprofits as well as providing affordable housing for City's residents.
Item #
ORA/Council
May 28, 2002

Robert C. Bobb
May 28, 2002

Page 3

Approving the Ordinance and Resolution will assist in promoting real estate activity in the
downtown area, which is consistent with the environmental and recreational goals of the City.
DISABILITIES AND SENIOR CITIZEN ACCESS
Approval of the Ordinance and Resolution will have no direct impact on disabled and senior
citizen access. However, when the Uptown Project Area is redeveloped, public improvements
will be required through both state and local provisions that will ensure equal access, such as
sidewalks and parking spaces for disabled citizens and senior citizens.
ACTION REQUESTED OF THE COUNCIL AND AGENCY MEMBERS
Staff recommends adoption of the Ordinance authorizing the conveyance of the City-owned
parcels located behind the Fox Theatre and bounded by 18 th and 19th Street, San Pablo and
Telegraph Avenues to the Redevelopment Agency, and authorizing the acceptance of the Alice
Arts Center located at 1428 Alice Street from the Redevelopment Agency, as well as the
accompanying Redevelopment Agency Resolution.
Respectfully submitted,

Prepared by:
Frank Fanelli, Manager
Real Estate Services

APPROVED FOR FORWARDING TO THE

CITY COUNCIL/REDEVELOPMENT AGENCY

JR ~ civ 6 &fB~

OFFIt:E OF THE CITY MANAGER!AGENCYADMINISTRATOR

Item #
ORA/Council

May 28,2002

FILED

CHICf OF THE CITY CLER~

IJ f. I< L f. NCJ

02 ~1AY 16 Pri 2: 50

APPROVED AS TO FORM AND LEGALITY:

~~

AGENCY COUNSEL

REDEVELOPMENT AGENCY
OF THE CITY OF OAKLAND
RESOLUTION NO.

C.M.S.

A RESOLUTION AUTHORING THE CONVEYANCE OF THE ALICE

ARTS CENTER LOCATED AT 1428 ALICE STREET TO THE CITY,
AND AUTHORIZING THE ACCEPTANCE OF THE PARKING LOT
CONSISTING OF SEVEN (7) PARCELS LOCATED BEHIND THE FOX
THEATRE FROM THE CITY.
WHEREAS, the Redevelopment Agency owns 'the real property located at 1428
Alice Street illustrated in Exhibit "8" attached hereto (APN- 008-0627-024) (the "Alice
Arts Center"); and
WHEREAS, redevelopment of the Alice Arts Center has been completed; and
WHEREAS, the City of Oakland ("City") wishes to purchase the Alice Arts
Center; and
WHEREAS, the City owns seven parcels of real property located behind the Fox
Theater described in the Exhibit "A" attached hereto (APN 008-0642-002, 008-0642003, 008-0642-004, 008-0642-012, 008-0642-013, 008-0642-014, 008-0642-015)
(together, the "parking lot properties") located within Uptown activity area in the Central
District Redevelopment Project Area; and
WHEREAS, the Agency wishes to acquire the parking lot properties for land
banking purposes in connection with Uptown redevelopment; and
WHEREAS, both the Redevelopment Agency and the City desire to exchange
the noted properties evenly; and;
WHEREAS, Health and Safety Code section 33430 autll0rizes a redevelopment
agency to sell property in a sUNey (project) area, section 33391 authorizes a
redevelopment agency to acquire real property in a sUNey (project) area or for
redevelopment purposes, and section 33396 authorizes the acceptance of real property
from a public entity at the request of the legislative body; and

OAA'COU'\l~'L.

NAY 2 8200l

WHEREAS, the requirements of the California Environmental Quality Act of 1970

("CEQA"), the State CEQA Guidelines, and the City CEQA Procedures have been
satisfied, in that this transaction is categorically exempt from CEQA under section
15312 of the CEQA Guidelines (surplus government property sales); now, therefore, be
it
RESOLVED: That the Agency hereby authorizes the conveyance of the Alice
Arts Center from the Redevelopment Agency to the City, and in exchange hereby
authorizes the acceptance of the parking lot properties from the City; and be it
FURTHER RESOLVED: That the Agency Administrator or his or her designee, is
authorized to execute documents necessary to proceed with the conveyance of all
noted properties, including without limitation grant deeds and certificates of acceptance;
and be it
FURTHER RESOLVED: That the Agency Administrator or his or her designee is
authorized to take any and all actions with respect to this transaction consistent with this
Resolution and its basic purposes; and be it
FURTHER RESOLVED: That Agency Counsel shall review and approve as to
form and legality all documents and agreements necessary to transfer and to accept all
properties.

IN AGENCY, OAKLAND, CALIFORNIA,

, 2002

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MAYNE,

CHAIRPERSON DE LA FUENTE

NADEL,

REID,

SPEES,

WAN,

AND

NOESABSENTABSTENTION-

ArrEST:

-=-=-=--

---------

CEDA FLOYD
Secretary to the Redevelopment Agency
of the City of Oakland, california~

ORA 'COIJ'\f~~L

MAY 2 82002

~]CTY
DEPUTY CITY ATIORNEY

OAKLAND CITY COUNCIL

ORDINANCE NO.

C. M. S.

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF THE

PARKING LOT CONSISTING OF SEVEN (7) PARCELS LOCATED
BEHIND THE FOX THEATRE TO THE REDEVELOPMENT AGENCY,
AND AUTHORIZING THE ACCEPTANCE OF THE ALICE ARTS
CENTER LOCATED AT 1428 ALICE STREET FROM THE

REDEVELOPMENT AGENCY
WHEREAS, the City of Oakland ("City") owns seven parcels of real property
located behind the Fox Theater described in the Exhibit "A" attached hereto (APN 0080642-002, 008-0642-003, 008-0642-004, 008-0642-012, 008-0642-013, 008-0642-014,
008-0642-015) (together, the "parking lot properties"), which are located within the Uptown
activity area in the Central District Redevelopment Project Area and
WHEREAS, under Ordinance No. 11602 C.M.S., the sale of City real property to
another public agency with the power of eminent domain is exempt from competitive
bidding requirements; and
WHEREAS, the Redevelopment Agency desires to landbank the parking lot
properties to pursue possible redevelopment of the site; and
WHEREAS, the Redevelopment Agency is the owner of the Alice Arts Center
located at 1428 Alice Street in City of Oakland and described in the Exhibit "B" attached
hereto (APN- 008-0627-024) (the "Alice Arts Center"); and
WHEREAS, redevelopment of the Alice Arts Center has been completed; and
WHEREAS, both the Redevelopment Agency and the City desire to exchange
the noted properties evenly; and
WHEREAS, the requirements of the California Environmental Quality Act of 1970
("CEQA"), the State CEQA Guidelines, and the City CEQA Procedures have been
satisfied, in that this transaction is categorically exempt from CEQA under section 15312
of the CEQA Guidelines (surplus government property sales); now, therefore

THE COUNCIL OF THE CITY OF OAKLAND DOES HEREBY ORDAIN AS FOLLOWS:

ORAICOUI\JCIL

SECTION 1.
The Council hereby authorizes the conveyance of the
parking lot properties to the Redevelopment Agency, and in exchange hereby
authorizes the acceptance of the Alice Arts Center from the Redevelopment Agency.
The City Manager, or his or her designee, is authorized to execute documents
necessary to proceed with the conveyance of all noted properties, including without
limitation grant deeds and certificates of acceptance.
SECTION 2.
All documents shall be approved as to form and legality by
the City Attorney's Office.
SECTION 3.

This Ordinance shall take effect immediately upon its

passage.

IN COUNCIL, OAKLAND, CALIFORNIA,

, 2002

PASSED BY THE FOLLOWING VOTE:

AYES-

BRUNNER, CHANG, MAYNE, NADEL, REID, WAN, SPEES, AND PRESIDENT

DE LA FUENTE

NOESABSENTABSTENTION-

ATTEST:

CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California

O_A.,,2iL
"1W2 a2DOZ

NOTICE AND DIGEST

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF THE
PARKING LOT CONSISTING OF SEVEN (7) PARCELS LOCATED
BEHIND THE FOX THEATRE TO THE REDEVELOPMENT AGENCY,
AND AUTHORIZING THE ACCEPTANCE OF THE ALICE ARTS
CENTER LOCATED AT 1428 ALICE STREET FROM THE

REDEVELOPMENT AGENCY
This Ordinance authorizes the City of Oakland to convey seven parcels of real
property (APN 0080642002, 0080642003, 0080642004, 0080642012,
0080642013, 0080642014, 0080642015) now used as a parking lot, to the
Redevelopment Agency in exchange for the Alice Arts Center (APN 080-0627024).

OAA'COU~~IL

MAY 2 8 2002