Article V — Special Licenses and Leases

A.

Pursuant to Section 219(6) of the City Charter the City Administrator or his or her designee is authorized, in his or her discretion, to grant licenses for parking facilities owned by the City in the Central District Redevelopment Project Area, subject to the limitations set forth below. The City Administrator or his or her designee is delegated the full and complete authority to enter into agreements, without further specific City Council action, as needed to grant such licenses, and to conduct related activities consistent with the purposes of this section.

B.

The above delegation of authority is subject to the following parameters:

The authority to grant licenses under this section is restricted to a cumulative maximum of 200 spaces per licensee;

Licenses must be at the prevailing market rate, as determined by the City Administrator or his or her designee;

Licenses may not be assignable by the licensee;

The City may retain the option to change the assigned parking facility;

The maximum term of any license agreement may not exceed ten (10) years with two (2) five-year extensions at licensee's option; and

The license must be revocable by the City for just cause.

Any City license agreements exceeding one (1) year that do not conform to these parameters must be approved by the City Council. In addition, parking licenses granted pursuant to disposition and development agreements shall continue to be subject to Council approval.

C.

The Council finds and determines that, because of the unique nature of the parking licenses and the need to expedite the process for approving the use of City real property in order to serve the City's business retention and attraction goals and to maximized revenue, it is in the best interests of the City not to require competitive bidding for the use of City property for parking licenses. Therefore, the provisions of this chapter related to competitive process for leasing or licensing real property shall not be applicable to the licensing of City parking spaces under this section. All procedural requirements in other sections of the chapter are hereby superseded in favor of the requirements of this section with respect to the licensing of City parking spaces under this section.

D.

All licenses and other agreements entered into pursuant to this section shall be reviewed and approved by the Office of the City Attorney prior to City execution.

(Ord. No. 13287, § 3, 1-6-2015)

A.

Pursuant to Section 219(6) of the City Charter, the City Administrator or his or her designee is authorized, in his or her discretion, to grant licenses, enter into leases, or convey easements with respect to any real property owned by the City, or any real property in which the City holds a property interest, or any public right-of-way within the City of Oakland, to be utilized for the placement of telecommunications facilities. Said use must be consistent with the standards and requirements set forth in Ordinance No. 11904 C.M.S. and the Oakland Planning Code with respect to telecommunications facilities, as well as state and federal law governing these uses. The City Administrator or his or her designee is granted the full and complete authority to enter into agreements, without further specific City Council action, as needed to lease, convey easements, or grant licenses with respect to City property or City rights-of-way for the placement of telecommunications facilities consistent with this section, and to conduct related activities consistent with the purposes of this section. Any lease, license or grant of easement of City property or City right-of-way for a telecommunications facility must be for an amount at least equal to the market value of the interest conveyed, as determined by the City Administrator or his or her designee. A lease, license, or grant of easement of City property authorized under this section is in addition to any permit and/or inspection fees otherwise applicable to the project.

B.

The City Administrator or his or her designee shall submit annual reports to the City Council on City real property and City rights-of-way that have been leased, licensed, or conveyed for telecommunications facilities pursuant to this section.

C.

The Council finds and determines that, because of the unique nature of the siting of telecommunications facilities and the need to expedite the process for approving the use of City real property and City rights-of- way in order to encourage the growth of the telecommunications industry in Oakland, and because the Oakland Planning Code includes detailed standards regulating this use to protect public health, safety, and welfare, it is in the best interests of the City not to require competitive bidding for the use of City property or City rights-of-way for telecommunications facilities. Therefore, the provisions of this chapter related to competitive process for leasing or licensing real property shall not be applicable to the lease, license or conveyance of easements with respect to City real property (whether surplus or non-surplus) or City rights- of-way for telecommunications facilities. All procedural requirements in other sections of the chapter are hereby superseded in favor of the requirements of this section with respect to the lease, license or conveyance of easements for telecommunications facilities.

D.

All leases, licenses, deeds, and other agreements entered into pursuant to this section shall be reviewed and approved by the Office of the City Attorney prior to City execution.

E.

The scope of this section shall be limited solely to the use of City property and City rights-of-way for the siting of telecommunications equipment and infrastructure, and shall not govern the use of City property or City rights-of-way for office or other uses, even if those uses may be associated with telecommunications activities.

(Ord. No. 13287, § 3, 1-6-2015)

A.

The City Administrator or his or her designee is authorized to negotiate and execute all documents required to enter into lease agreements for the Head Start and Even Start programs, including without limitation leases for terms greater than one (1) year, provided that the necessary federal funds have been awarded and appropriated and are available to cover lease expenses and other related costs.

B.

The City Administrator or his or her designee, for unforeseen contingencies, is authorized to modify, make changes to, or amend said leases, provide that any additional cost thereof is covered by appropriated fonds.

(Ord. No. 13287, § 3, 1-6-2015)

A.

The City Administrator or his or her designee is authorized to negotiate and execute tenant leases for space in the City Administration Building Complex. The City Administrator or his or her designee is granted the full and complete authority to enter into agreements, without further specific City Council action, as needed to lease said space and to conduct related activities consistent with the purposes of this section.

B.

The City Administrator may only execute leases under this section that fall within the following parameters:

Applicable leases for the Dalziel Building and the Plaza Building shall be in compliance with the Wetmore/Pardee Relocation Agreement dated April 20, 1995.

Minimum monthly triple net rent for non-Wetmore/Pardee Relocation Agreement retail tenants in the Dalziel Building shall be not less than one dollar and twenty-five cents ($1.25) per square foot, excluding any rent credits for tenant improvements.

Minimum monthly triple net rent for retail tenants in the Lionel J. Wilson Building, City Center West Garage, or Frank H. Ogawa Plaza shall be not less than one dollar and twenty-five cents ($1.25) per square foot, excluding any rent credits for tenant improvements.

Minimum monthly gross rent for office tenants in the Dalziel Building shall be not less than one dollar and fifty cents ($1.50) per square foot, excluding any rent credits for tenant improvements and a credit for possessory interest.

Maximum tenant allowances for the Lionel J. Wilson Building, City Center West Garage, or Frank H. Ogawa Plaza retail spaces and Dalziel Building retail and office spaces shall be twenty-five dollars ($25.00) per square foot.

Minimum lease term shall be three (3) years for retail and office spaces, unless the City Administrator determines that it would be in the best interests of the City to enter into month-to-month leases for certain spaces.

(Ord. No. 13287, § 3, 1-6-2015)