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j,^^ C I T Y OF O A K L A N DOFhc

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p. Lamont Ewel lC E D A : Acquire Parcels for M ontclair Go l f Course Page 2

Caltrans determined that the parcel should be sold either to the City or to a private party. InJanuary 2011, Caltrans forwarded a written correspondence to the Real Estate Divisionexplaining that the City's use o f the property fo r recreation purposes allows Caltrans to disposeof the property as a direct sale to the City.Caltrans has forwarded the City an Option to Purchase - Cash Sale Agreement fo r the appraisedmarket value of $25,000.If the City approves the acquisition of the subject property fo r the $25,000 sales price, Caltranswil l then forward the transaction to the California Transportation Commission in late summer toconsummate the sale transaction.K E Y ISSUES AND IMPACTSAcquisition of the property ensures that the City wil l continue to utilize the land as a public golfcourse. The City will purchase the property in accordance with California Government CodeSection 54220 that states, " The Legislature reaffirms its belief that there is an identifiabledeficiency in the amount o f land available f o r recreational purposes and that surplus land, priorto disposition, should be made availablef o r park and recreation purposes o r f o r open-spacepurposes ".The California Transportation Comm ission (CTC) requires Caltrans to include the City staffreport and accompanying legislation when referring to thesale. According to The Caltrans Rightof Way Excess Lands M anual Section 16.05.09.02, Direct Sales to Governmental Agencies,^''Direct sales to public agencies shall be for a public use... The intended specific use of theproperty shall be stated in the resolution. A copy of the resolution shall be submitted with theresume package to the CTC or approvat.Caltrans is in the process of selling o ff their surplus land to help the State balance its budget. Ifthe City does not buy the property, Caltrans will then be forced to sell the property to a privateparty.SUSTAINABLE OPPORTUNITIESEconomic: Ci ty Go l f Courses create sales tax revenue through green fees, cart rental, food andbeverage purchases and by drawing visitors to Oakland who might also make purchases at othernearby businesses.Environmental: The golf courses in Oakland are efficient users o f water; they a ll use recycledwater and wells. The properties sit on hundreds of acres of open space and natural habitat thatprovide a wild l ife sanctuary.

Item:Finance and Management CommitteeJuly 12,2011

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p. Lamont EwellC E D A : Acquire Parcels for Montclair Go l f Course Page 3

Soc i a l Equity: The City golf courses are an important recreational resource for Oaklandresidents providing an affordable, accessible and available place for Oaklanders to play gol f Inaddition the golf courses serve as employment opportunities for local youth and residents. TheOffice of Parks & Recreation intends to continue building its existing Junior G o l f programswhich introduce inner-city youth to the sport of gol fDISABILITY AND SENIOR CITIZEN ACCESSA ny improvements to the golf courses would conform to the requirements of the Americans withDisabilities Act , the Older American Act , and other applicable laws.RECOMMENDATION(S) ANDR A T I O N A L EStaff recommends that Council approve the Ordinance Authorizing the Purchase o f parcels029A-1330-027-03 and 029A-1330-009-01 for a price of $25,000 plus real estate closing cost o f$15,000.A C TI ON R E Q U E S T E D OF TH E CITY COUNCILStaff requests that the Council adopt the Ordinance which accompanies this staff report.

Respectfully submitted.

Walter S. Cohen, DirectorCommunity and Economic Development AgencyReviewed by: Gregory Hunter, Deputy DirectorEconomic Development and RedevelopmentReviewed by: Frank Fanell i , ManagerReal Estate DivisionPrepared by: A va M . Jourdain, Real Estate AgentReal Estate Division

A P P R O V E D A N D F O R W A R D E D T O TOEF I N A N G E ^ ] > M A N A G E M e N T ^ . e i M M I T T E E :

O f f i ^ ^ p f :he City Adrrfinistrator

Item:Finance and Management CommitteeJuly 12,2011

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A S S E S S O R ' S M A P ^ 9 ^ Code A r e a ND5."rkli01^ v \Roncho Son Antonio(A.M. P^e ralto ^\.f\\)(Pct.ekAfy6e9)

Exhibit

V0-ZS0-0ECL-V620 - 11-02-0102 VO 'epBUJBiV

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APPfteVED A S TO FORNLAiJD LEGALITY

I Deputy City Attorney

AH n 8 OAKLAND CITY COUNCILORDINANCE NO. C.M.S.

ORDINANCE AUTHORIZING TH E CITY ADMINISTRATOR TOACQUIRE P A R C E L 029A-1330-027-03 ANDP A R C E L 029A-1330-009-01FOR USE AS A P A R T OF THE M O N T C L A I R G O L F C O U R S E F R O M TH ECALIFORNIA D E P A R T M E N T OF TRANSPORTATION FO R $25,000

W H E R E A S , California Department o f Transportation ("Caltrans") acquired parcels 029A-1330-027-03 and 029A-1330-009-01 (the "Parcels") to widen Alameda Highway 237 (WarrenFreeway); andW H E R E A S , the Parcels are located near the comer of Park Boulevard and Monterey Boulevard;andW H E R E A S , the total area of the Parcels is estimated at 1.5 acres; andW H E R E A S , since 1964 Caltrans has leased the Parcels to the City of Oakland for the MontclairG o l f Course as an interim use; andW H E R E A S , Caltrans determined the plans to widen Warren Freeway are no longer beingpursued; andW H E R E A S , Caltrans declared the Parcels excess land and offered to sell the properties to theCity as a direct sale for $25,000; andW H E R E A S , funding fo r the acquisition of the Parcels isfrom wo sources: $5,000 is availablefrom the General Purpose Fund (1010), Emergency Contingency Reserve Organization (90611),Miscellaneous Services Account (53719). C A O Contingency Funds Project (P404410), and$20,000 is availablefrom he Telecommunications Land Use Fund (1770), Real EstateOrganization (88639), Land Fixed Asset Number Account (57116), Undetermined Project(0000000); andW H E R E A S , the sale of the Parcels is subject to the approval o f the California TransportationCommission; now, thereforeTH E COUNCIL OF THE CITY OF O A K L A N D DOES ORDAIN AS F O L L O W S :Section 1. The City Council hereby authorizes the City to acquire the Parcels for a purchase priceo f $25,000.Section 2. The City Council agrees, in accordance with Caltrans Right of Way Excess LandPoUcy, Section 16.05.09.02, to utilize the Parcels fo r public use.Section 3. The City Council agrees that the Parcels will continue to be utilized as part of

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Montclair Gol f Course, a municipal golf course.Section 4, The City Administrator, or his designee, is authorized to negotiate and execute a ll realestate documents required to acquire the propertyrights or the Parcels.Section 4. The requirements of C E Q A , the C E Q A Guidelines as prescribed by the Secretary fo rResources, and the provisions of the Environmental Review Regulations of the City o f Oaklandhave been met because this transaction is exempt from C E Q A under section 15312 (sale ofsurplus government property) and section 15325 (Transfers o f Land to Preserve Existing NaturalConditions) o f the C E Q A Guidelines.Section 5.This Ordinance shall become effective immediately upon f inal adoption if it receivessix or more affirmative votes; otherwise, it shall become effective upon the seventh day afterfinal adoption.

IN C O U N C I L , O A K L A N D , C A L IF O R N I A ,PASSED BY THE FOLLOWING V O T E:

A Y E S - B R O O K S , B R U N N E R , D E LA F U E N T E , K A P LA N , K E R N I G H A N , N A D E L , S C H A A F , and P R E S I D E N TR E I DN O E S -A B S E N T -A B S T E N T f O N -

A T T E S T : LaTonda S i m m onsCity Clerk and Clerk of the Councilof the City ofOakland, California

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NOTICE AND DIGEST:

ORDINANCE AUTHORIZING TH E CITY ADMINISTRATOR TOA C Q U I R E P A R C E L 029A-1330-027-03A ND P A R C E L 029A-1330-009-01 FOR USE AS A P AR T O F T H E M O N T C L A I R G O L FC O UR S E F R O M T H E C A L IF O R N IA D E P A R T M E N T OFTRANSPORTATION FOR $25,000A n Ordinance has been prepared authorizing the City Administrator andhis designee to acquire Parcel 029A-1330-027-03 and Parcel 029A-1330-009-01 for use as part of the Montclair G o l f CourseThe parcels have been declared Excess Land by the California Department ofTransportation (Caltrans)