1 APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH THE
CHILDREN’S HOSPITAL & RESEARCH CENTER AT OAKLAND, A
CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, DBA
UCSF BENIOFF CHILDREN’S HOSPITAL OAKLAND, OF THE 8. 4- ACRE PROPERTY LOCATED AT 101 ADMIRAL ROBERT TONEY WAY
AT THE FORMER OAKLAND ARMY BASE FOR A TEMPORARY
HELIPAD/HELISTOP FOR EMERGENCY TRANSPORTATION
SERVICES FOR AN APPROXIMATELY FOUR YEAR TERM WITH
RENT IN THE AMOUNT OF $ 5,000 PER MONTH DURING THE PRE- CONSTRUCTION PHASE AND $20,691 PER MONTH THEREAFTER;
AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
WHEREAS, the City of Oakland (“City”), owns certain real property in fee consisting of
8.4 acres located at 101 Admiral Robert Toney Way (Assessor Parcel Number 018-0508-016) on the former Oakland Army Base in the City of Oakland (“Property”); and
WHEREAS, Children’s Hospital & Research Center at Oakland, a California nonprofit public benefit corporation, dba UCSF Benioff Children’s Hospital Oakland (“BCH Oakland”) is modernizing its facilities as part of its new hospital building project (“NHB Project) to enable BCH Oakland to grow into a comprehensive children’s health system; and
WHEREAS. a critical part of the healthcare delivery system at BCH Oakland is the helipad/helistop currently located on top of a building that will be demolished as part of the NHB Project, because it enables transport of patients requiring emergency or trauma care; and
WHEREAS, to support ongoing emergency transport services while construction occurs under the NHB Project, BCH Oakland has proposed to lease and install an interim helipad/helistop on the Property to continue operating during the NHB Project; and
WHEREAS, City staff has negotiated terms for a lease of the Property between the City of Oakland and BCH Oakland (“Lease”) for a term of approximately four (4) years with rent of Five Thousand Dollars ($5,000) per month until commencement of construction and would increase to a market rate of Twenty Thousand Six Hundred Ninety -One Dollars ( $20,691) per month through the remainder of the term, with 3% annual increases; and
WHEREAS, BCH Oakland’s proposed improvements and use are expected to utilize approximately 2.5-acres (“Operational Footprint”) of the Property, but BCH Oakland would be responsible for securing and maintaining the entire Property, unless and until the City elects to take back any portion of the leased premises outside of the Operational Footprint; and
WHEREAS, the negotiated rental rate is based upon the Port of Oakland’s published rate for undeveloped land, as applied to the Operational Footprint, and is a fair market rate; and
WHEREAS, the proposed Lease would enable continuity of operations for an essential public health system that serves particularly vulnerable populations, and would activate an unutilized City-owned property, and generate revenue for the City; and
WHEREAS, the City and BCH Oakland desire to enter into a Lease to include the foregoing terms; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds that it is in the best interests of the City to enter into a Lease of the Property with BCH Oakland.
SECTION 2. The City Council hereby authorizes the City Administrator to negotiate and execute: (a) an approximately four (4)-year Lease, commencing on or about February 1, 2025, and expiring on March 31, 2029, with rent in the amount of Five Thousand Dollars ($5,000) per month until commencement of construction and Twenty Thousand Six Hundred Ninety -One Dollars ($20,691) per month with three percent (3%) annual increases for the remaining term ; (b) such other additions, amendments or other modifications to the foregoing documents that the City Administrator, in consultation with the City Attorney’s Office, determines are in the best interests of the City, do not materially increase the obligations or liabilities of the City, and are necessary or advisable to complete the transactions contemplated by this Ordinance; and (c) such other documents as necessary or appropriate, in consultation with the City Attorney’s Office, to facilitate and consummate the transactions in accordance with this Ordinance, or to otherwise effectuate the purpose and intent of this Ordinance and its basic purpose.
SECTION 3. The City Council hereby authorizes that the payments required under the Lease be deposited into OBRA Leasing & Utility Fund (5671), Oakland Army Base Redevelopment Organization (85244), Miscellaneous Land Rental Revenue Account (44219), OBRA Leasing & Utility Project (1001542), OARB Bay Bridge Gateway Program (SC07).
SECTION 4. BCH Oakland prepared an Addendum to the new hospital building project final environmental impact report (“ NHB Final EIR”) and the City Council hereby concurs this was appropriate because, although the location of the interim helipad/helistop had been revised, there was no new information about the project or circumstances under which the project would be undertaken that would result in new or more severe adver se environmental impacts. The California Public Resources Code Section 21166 and California Environmental Quality Act (“CEQA”) guidelines (“CEQA Guidelines”) Section 15164 states that an Addendum to a certified environmental impact report (“EIR”) is appropriate when minor changes or additions are necessary and none of the conditions for preparation of a Subsequent EIR per CEQA Guidelines Section 15162 or Supplemental EIR per CEQA Guidelines Section 15163 are met.
There is substantial evidence that the project would not require preparation of a Subsequent or Supplemental EIR and that an Addendum is the appropriate CEQA document, per the following conclusions:
(1) The off -site temporary helipad/helistop is within the scope of development analyzed in the BCH Oakland NHB Project Final EIR and will not result in new or more severe environmental impacts than previously disclosed.
(2) The off-site temporary helipad/helistop would not require new mitigation measures or result in mitigation measures that are considerably different from those analyzed in the BCH Oakland NHB Project Final EIR.
(3) Since the BCH Oakland NHB Project Final EIR was certified, there is no new information of substantial importance that will result in new or more severe environmental impacts.
(4) There are no changes in the circumstances in which the BCH Oakland NHB Project would be undertaken which could result in new significant impacts previously not disclosed.
Therefore, in accordance with California Public Resources Code Section 21166 a nd CEQA Guidelines Sections 15162, 15163, and 15164, the City Council finds that the NHB Final EIR and NHB Addendum comprise the full and complete CEQA evaluation necessary for the proposed project and the City Council concurs with the UC Regents determination that no further CEQA evaluation for the project is required.
SECTION 5. The recitals contained in this Ordinance are true and correct and are an integral part of the Council’s decision.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 7. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
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
Date of Attestation:
2650157v6 updated 1/13/21
NOTICE AND DIGEST
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND EXECUTE A LEASE AGREEMENT WITH THE
CHILDREN’S HOSPITAL & RESEARCH CENTER AT OAKLAND, A
CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, DBA
UCSF BENIOFF CHILDREN’S HOSPITAL OAKLAND, OF THE 8.4 - ACRE PROPERTY LOCATED AT 101 ADMIRAL ROBERT TONEY WAY
AT THE FORMER OAKLAND ARMY BASE FOR A TEMPORARY
HELIPAD/HELISTOP FOR EMERGENCY TRANSPORTATION
SERVICES FOR AN APPROXIMATELY FOUR YEAR TERM WITH
RENT IN THE AMOUNT OF $5,000 PER MONTH DURING THE PRE - CONSTRUCTION PHASE AND $20,691 PER MONTH THEREAFTER;
AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS
This is an Ordinance authorizing the City Administrator to negotiate and execute a Lease between the City of Oakland and Children’s Hospital & Research Center at Oakland, a California nonprofit public benefit corporation, dba UCSF Benioff Children’s Hospital Oakland, of property located at 101 Admiral Robert Toney Way on the former Oakland Army Base, for a term of approximately four (4) years with rent of Five Thousand Dollars ($5,000) per month during the pre-construction phase and Twenty Thousand Six Hundred Ninety-One Dollars ( $20,691) per month commencing on commencement of construction with three percent (3%) annual increases for the remaining term; and adopting California Environmental Quality Act findings.