RESOLUTION NO. 24-___
Resolution Of The City Council Of The City Of Emeryville Authorizing The Acquisition Of 1245 Powell Street (APN 49-1314-001-01); Appropriating $1,706,000 From The Park Impact Fee Fund (Fund 237) To The Budget For Capital Improvement Project URG-01 For Fiscal Year 2024-2025 For The Acquisition Of 1245 Powell Street And Associated Closing Costs; And Authorizing The City Manager To Execute All Documents Required To Complete The City’s Acquisition Of 1245 Powell Street At A Purchase Price Not To Exceed $1,700,000 WHEREAS, Emeryville General Plan policy PP-P-1 calls for the City to increase park acreage to serve the needs of its growing population and address current deficiencies in parks and open space standards; and
WHEREAS, the Emeryville Parks and Recreation Strategic Plan calls for the City to “monitor the north half of the block bounded by Powell, Vallejo, Beaudry and Stanford Avenue for an opportunity to purchase the property adjacent to the existing [Stanford Avenue] park”, which property is known as 1245 Powell Street; and WHEREAS, in July 2023, City staff were alerted to the potential availability of the property at 1245 Powell Street (the “Property”) as the Property was being marketed for sale; and WHEREAS, the City and the owner of the Property entered into that certain Purchase and Sale Agreement dated March 19, 2024, outlining the terms and conditions for the City’s potential acquisition of the property, including a time period in which to complete due diligence activities; and
WHEREAS, on June 27, 2024, the Planning Commission adopted Resolution No. ZC24- 003, finding that the acquisition of the Property is consistent with the Emeryville General Plan, as required by California Government Code Section 65402; and WHEREAS, the City and the owner of the Property entered into that certain Amendment No. 1 to Purchase and Sale Agreement dated August 6, 2024, which established a purchase price of $1,700,000 for the Property; and
WHEREAS, the proposed allocation of funds and real estate transaction is not a “project” under the California Environmental Quality Act (“CEQA”) because purchase of the Property will not result in a physical impact on the environment; the current action does not constitute a decision by the City regarding further development of the Property and instead serves an essential role of securing the land while the City determines its proposed uses and a CEQA determination for the Property is performed; and WHEREAS, even if purchase of the Property was considered a “project” under CEQA, it can be seen with certainty that there is no possibility that the purchase will have a significant effect on the environment because there are no construction plans, any analysis of future development of the Property would be speculative, and once plans are formed there will be discretionary approvals and actions that will require the City to undertake environmental review at that time; and
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Resolution No. 24-___
1245 Powell St. Acquisition
City Council Meeting | September 3, 2024
WHEREAS, purchase of the Property is further exempt from CEQA as it involves a land acquisition contingent on future CEQA compliance pursuant to CEQA Guidelines section 15004(b)(4); and
WHEREAS, the City has determined that it is in the best interests of the City to acquire the Property for the purpose of expanding Stanford Avenue Park; now, therefore be it RESOLVED, that the City Council of the City of Emeryville hereby declares the above recitals to be true and correct and incorporated herein as findings; and be it further RESOLVED, that the City Council of the City of Emeryville hereby authorizes the acquisition of 1245 Powell Street; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby appropriates $1,706,000 from the Parks Impact Fee Fund (Fund 237) to the Fiscal Year 2024-2025 Budget for Capital Improvement Program Project “Parks Projects” (CIP No. URG-01) for acquisition of 1245 Powell Street, including associated closing costs; and be it further RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute all documents necessary to carry out the intent of this Resolution to acquire 1245 Powell Street, at a purchase price not to exceed $1,700,000.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 3, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9