3369836 v1 / SW
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY CITY ADMINISTRATOR JESTIN D. JOHNSON AND
COUNCILMEMBER CARROLL FIFE
RESOLUTION 1) AUTHORIZING THE DISBURSEMENT OF UP TO
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000)
FROM THE WEST OAKLAND COMMUNITY FUND (COMMUNITY
FUND) TO AWARD A GRANT TO THE ROSE FOUNDATION FOR
COMMUNITIES AND THE ENVIRONMENT (ROSE FOUNDATION) TO
ADMINISTER A GRANT MAKING PROGRAM CONSISTENT WITH
THE INTENT OF THE COMMUNITY FUND ; 2) AWARDING A GRANT
TO THE ROSE FOUNDATION IN AN AMOUNT UP TO TWO MILLION
FOUR HUNDRED THOUSAND DOLLARS ($2,400,000) FOR THAT
PURPOSE; AND 3) AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND ENTER INTO A GRANT AGREEMENT WITH THE
ROSE FOUNDATION FOR UP TO AN EIGHT -YEAR TERM WITH
AUTHORITY TO SUBSEQUENTLY EXTEND THE TERM IN TWO YEAR
INCREMENTS UNTIL THE GRANT FUNDS ARE EXHAUSTED
WHEREAS, in 2002, the U.S. Department of the Army transferred the former Oakland Army Base (OAB) to the City of Oakland (City) for redevelopment; and
WHEREAS, the West Oakland Community Advisory Group (WOCAG) : was created in 1996 through the closure and transfer process for the former OAB to advise the Oakland Base and Reuse Authority (OBRA) on the redevelopment and environmental remediation of the OAB ; in 2007, after the dissolution of OBRA, as provided in the Informational Report dated February 27, 2007, the City Administrator made WOCAG an advisory body to the City Administrator to provide community feedback, which official City role expired by its own terms on February 27, 2010; and WOCAG continues to operate as its own community organization; and
WHEREAS, in 2003, after consultation with WOCAG, the City and Port of Oakland (Port) established a process leading to a West Oakland Community Fund (Community Fund) to fund
2 community projects and programs that would create business, employment and educational opportunities for West Oakland residents; and
WHEREAS, the City, Port, Oakland Redevelopment Agency and OBRA memorialized their intent to establish the Community Fund through a 2003 Memorandum of Agreement as amended in 2007 (City-Port MOA); and
WHEREAS, the Community Fund was envisioned as a $4,000,000 fund, with the City, through its developers at the former OAB, providing $2,000,000 and the Port matching with up to $2,000,000 in funds; and
WHEREAS, although the Port’s obligation under the City-Port MOA has expired, the Port is working separately to fund its portion through a separate grant agreement to the Rose Foundation for Communities and the Environment (Rose Foundation); and
WHEREAS, even though the City and Port are entering into separate grant agreements with the Rose Foundation, the City and Port are coordinating efforts with the Rose Foundation to ensure a coherent grant making program and to maximize the benefits from the Community Fund to West Oakland, West Oakland residents and all of Oakland; and
WHEREAS, the City included a $16,000 per acre West Oakland Community Fund fee into its development agreements at the OAB, and may receive up to approximately $2,400,000 in such fees if all contemplated transactions are completed; and
WHEREAS, the City to date has collected $1,709, 760 in Community Fund fees, all of which is currently available for the proposed grant; and
WHEREAS, the Rose Foundation for Communities and the Environment (Org. No. 1848554; EIN: 94 -3179772) (Rose Foundation) is a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code and is based in Oakland; and
WHEREAS, the City wishes to disburse these Community Fund monies and to award a grant to the Rose Foundation to allow the Rose Foundation to administer a grant making program consistent with the intent of the Community Fund with input from a five -person advisory board whose composition is defined below; now, therefore, be it
RESOLVED: That the City Council hereby authorizes the disbursement of up to T wo Million Four Hundred Thousand Dollars ($2,400,000) from the West Oakland Community Trust Fund in the Miscellaneous Trusts Fund (7999), Oakland Army Base Redevelopment Organization (85244), Pass Thru Assessments Account (24224), DP850 Administrative Project (1000019), OARB Bay Bridge Gateway Program (SC07) to award a grant to the R ose Foundation for Communities and the Environment (Rose Foundation); and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to negotiate and execute a grant agreement with the Rose Foundation in an amount up to $2,400,000 with a term up to eight (8) years, with authority to subsequently extend the grant term
3 in two year increments until the grant funds are exhausted, to establish and administer a program for making grants to 501(c)3 nonprofit organizations , with a preference for organizations located in West Oakland providing services to individuals, families and/or the environment in West Oakland. For purposes of the grant, West Oakland would be defined as the area between Interstates 580, 880 and 980 plus the industrial portion of Jack London Square between Interstate 880 and the Embarcadero, west of Martin Luther King Jr. Way; and be it
FURTHER RESOLVED: The grant agreement shall require that the grantmaking strategy and grant recommendations for the grant funds shall be guided by a five-person advisory board (Advisory Board) with five appointees serving up to four 2 -year terms each, except where noted below:
1. District Three Seat: To be appointed by the Office of the City’s District 3 Councilmember.
2. WOCAG Community Seat: To be appointed by the West Oakland Community Advisory Group (WOCAG) Co-Chairs.
3. Port of Oakland Seat: To be appointed by the Port of Oakland.
4. At-Large Community Seat: To be appointed by the mutual agreement of the Rose Foundation and the other Advisory Board members.
5. Rotating Technical/Professional Expertise Seat: To be appointed by mutual agreement of the Rose Foundation and the other Advisory Board members. This rotating appointment would provide technical and/or professional expertise related to the priority goals of the grant and the Advisory Board’s identified grantmaking priorities. This appointment would be limited to one 2 -year term to allow flexibility for the Advisory Board to adjust grantmaking focus within the priority areas over time;
and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to negotiate and execute documents and take all other action necessary with respect to the grant agreement with the Rose Foundation, consistent with the 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