Rules & Legislation Committee
November 30, 2023

3313245v2/NC
APPROVED AS TO FORM AND LEGALITY ________________________ CITY ATTORNEY’S OFFICE OAKLAND CITY COUNCIL RESOLUTION NO. ______________ C.M.S. RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO NEGOTIATE AND EXECUTE A SPECIAL USE PERMIT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOR A 37.58 ACRE REAL PROPERTY KNOWN AS THE OAKLAND FEATHER RIVER CAMP LOCATED IN QUINCY, CALIFORNIA FOR A 20-YEAR TERM AT A BASE RATE NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000) PER YEAR WITH ANNUAL DISCOUNTS BASED ON PRIORITY INDIVIDUALS SERVED WHEREAS, the U.S. Department of Agriculture, Forest Service (Forest Service) owns a 37.58 acre real property located outside of Quincy, California known as the Oakland Feather River Camp (Property); and WHEREAS, since 1924, the Forest Service has issued the City a Special Use Permit (Permit) to provide outdoor recreational programming, art and cultural activities in a summer camp environment at the Property; and WHEREAS, pursuant to Section 2.41.050 of the Oakland Municipal Code, the City is authorized to lease real property from another entity. All leases of real property by the City must be authorized by a resolution enacted by the City Council, except the City Administrator is delegated the full and complete authority to lease any real property if the rent, lease payments, license fees, or other consideration for the lease does not exceed one hundred thousand ($100,000) over the term of the lease, including any extension periods authorized under the lease, provided that the funds have been appropriated for the lease; and WHEREAS, the City Administrator, when directed by the Council, shall represent the City in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval, pursuant to Section 504(l) of the Oakland Charter; and WHEREAS, upon the prior Permit expiring in 1968, the current 25-year Permit issued in 1995 has expired, and the City desires to execute a new Special Use Permit for an annual fee of Six Thousand Dollars ($6,000) per year, which totals a not to exceed fee of One Hundred Twenty Thousand Dollars ($120,000) over a 20-year term; and 2 WHEREAS, any Permit fees that exceed Three Thousand Dollars ($3,000) per year shall be paid by Camps in Common, a nonprofit organization, pursuant to a license agreement to be authorized by City Council; and WHEREAS, annual funds for the federal Permit fees will be appropriated and allocated in the following: Office Of Parks And Recreation Cultural Advisory Self Sustaining Revolving Fund (1820), Feather River Camp Organization (503260), Project (TBD), Feather River Camp Program (NB06); and WHEREAS, the Forest Service grants the City annual discounts on the Permit fees based on the number of (1) Priority 1 individuals with a disability and children at-risk served annually at the property, and (2) Priority 2 individuals who participate in organized and supervised youth programs exposing them to outdoor recreation experiences; and WHEREAS, the City of Oakland serves Priority 1 and Priority 2 individuals at Oakland Feather River Camp through two annual overnight camping programs: Art Meets Nature and Town Camp @Feather River, during which the Department of Parks, Recreation and Youth Development provides organized, supervised outdoor recreation programs to Oakland youth; and WHEREAS, in 2022 463 individuals with a disability and children at-risk enjoyed camping at OFRC and 1,582 individuals participated in organized, outdoor recreational youth programming at OFRC, illustrating how the annual Permit fees paid to date have historically been below the proposed annual fee; now, therefore, be it RESOLVED: That the City Administrator is hereby authorized to negotiate and execute a Special Use Permit with the Forest Service for the Property for a 20-year term at a base annual rate not to exceed Six Thousand Dollars ($6,000) per year with annual discounts based on the number of underserved and at-risk children and youth served; and be it FURTHER RESOLVED: That the Special Use Permit is subject to City Attorney review and approval for form and legality and a copy of this resolution shall be filed with the City Clerk without returning to Council; and be it FURTHER RESOLVED: That the City Council has independently reviewed and considered this environmental determination, and the City Council, and the City Council finds and determines that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 (operation, licensing, and minor alteration of existing public facility) and 15061(b)(3) (common sense exemption, no significant effect on the environment). The City Administrator or designee is hereby directed to file a Notice of Exemption with the appropriate agencies; and be it 3 FURTHER RESOLVED: That the City Administrator is hereby authorized to take any other action necessary and consistent with this Resolution and its basic purposes. IN COUNCIL, OAKLAND, CALIFORNIA, PASSED BY THE FOLLOWING VOTE: AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND PRESIDENT FORTUNATO BAS NOES – ABSENT – ABSTENTION – ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California