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Draft Resolution

Emeryville City Council
January 16, 2024

Document
Draft Resolution
Meeting
January 16, 2024
Body
Emeryville City Council
Pages
3
Original file
237 KB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

RESOLUTION NO. 24-___
Resolution Of The City Council Of The City Of Emeryville Declaring The Properties At 3602 Adeline And 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003) As Exempt Surplus Land Pursuant To Government Code Section 54221(f)(1)(B)
WHEREAS, the City of Emeryville (“City”) owns three parcels located at 3602 Adeline and 1132 36th Street (APNs 005-0480-001-01, 005-0480-004 And 005-0480-003) totaling

0.05 acres as depicted on Exhibit A attached hereto and incorporated herein by reference (the “Adeline Sites”); and
WHEREAS, on April 5, 2022, the City Council held a Study Session to discuss options for disposition and/or redevelopment of the Adeline Sites and provide staff direction for a Request for Proposals (“RFP”); and
WHEREAS, the City Council directed that priorities for redevelopment of the Adeline Sites include development as an affordable housing project for special needs individuals including formerly incarcerated individuals; and
WHEREAS, pursuant to Government Code Section 54220 et seq. (the “Surplus Land Act”), the City Council must declare the Adeline Sites to be “Surplus Land” or “Exempt Surplus Land” before the City Council may take action to dispose of the Adeline Sites; and
WHEREAS, on July 19, 2022, the City Council declared the Adeline Sites to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A); and WHEREAS, on October 13, 2023, Governor Newsom signed into law Senate Bill 747 which modified the definition of Exempt Surplus Land under Government Code Section 54221 (f)(1)(B), to exempt properties that are less than a half-acre and not contiguous to land owned for open space or affordable housing projects; and WHEREAS, the City finds Government Code Section 54221(f)(1)(B) to be more conducive to the disposition of the Adeline Sites as an affordable homeownership project; and
WHEREAS, in view of the City Council’s priorities for redevelopment of the Adeline Sites as an affordable homeownership project, staff has prepared an RFP for the development of an affordable housing project that maximizes the number of units to be sold to moderate income households; and
WHEREAS, the RFP will be circulated to all entities identified in subdivision (a) of Government Code Section 54222 inviting proposals for the redevelopment of the Adeline Sites; and
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E Resolution No. 24-___
Adeline Sites Exempt Surplus Determination
City Council Meeting | January 16, 2024

Page 2 of 3 ends

WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Adeline Sites are exempt surplus land, as supported by written findings; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby finds the above recitals are true and correct and are a substantive part of this Resolution, be it further RESOLVED, that the City Council of the City of Emeryville hereby declares, pursuant to Government Code Sections 54221(b) and 54221(f)(1)(B), that the Adeline Sites are exempt surplus land because the site is less than one half acre, the site is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes, and the City intends to circulate a Request for Proposals as an open, competitive bid to all entities identified in subsection (a) of Government Code Section 54222, be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to submit a copy of this Resolution to the California Department of Housing and Community Development in accordance with the Surplus Land Act Guidelines; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby finds that the actions are not subject to the California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a Project by Section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. This action only declares the Adeline Sites Exempt Surplus Land and directs staff to effectuate the purpose of this Resolution. This is administrative activity of government which will not result in direct or indirect physical changes to the environment. No commitment to any project is being made at this time. CEQA review requirements must be completed before any commitment to a project occurs and appropriate environmental review pursuant to CEQA will be completed at such time.

DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E Resolution No. 24-___
Adeline Sites Exempt Surplus Determination
City Council Meeting | January 16, 2024

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ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 58385178-6E18-4D61-BE13-CD4B07CDBA7E

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