1 APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
ORDINANCE (1) AUTHORIZING A LICENSE AGREEMENT WITH
OAKLAND PARKS AND RECREATION FOUNDATION FOR USE OF
OFFICE SPACE AT THE LAKESIDE PARK GARDEN CENTER
LOCATED AT 666 BELLEVUE AVENUE AT THE BELOW MARKET
RATE OF $0.00 THROUGH JUNE 30, 2026, WITH A 3-YEAR OPTION TO RENEW; (2) MAKING FINDINGS THAT THE LICENSE FOR BELOW
FAIR MARKET VALUE IS IN THE BEST INTEREST OF THE CITY; AND (3) MAKING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FINDINGS
WHEREAS, the City of Oakland owns an approximately 849 square feet office known as the Lakeside Park Garden Center (Marsha J. Corprew Memorial) located at 666 Bellevue Avenue (hereinafter the “Premises”); and
WHEREAS, Oakland Parks and Recreation Foundation (OPRF) is a 501(c)(3) dedicated to improving parks and recreational opportunities in Oakland and improving the quality of life for all Oakland residents and others who utilize these facilities; and
WHEREAS, City wishes to grant a non-exclusive license for use of the Premises to OPRF for use as office space through June 30, 2026, with a 3-year option to renew at a monthly rent of Zero Dollars ($0.00); and
WHEREAS, Oakland Municipal Code (“OMC”) section 2.42.110 authorizes the City to enter into a lease or license of real property for consideration less than the property’s fair market value if the City Council makes a find and determination that the lease of the property for less than its fair market value is in the best interest of the City; and
WHEREAS, OMC 2.42.110 provides that the City Council may consider the value of in- kind services to the City or the community at large, including social and cultural benefits to the community in making the required finding and determination; and
WHEREAS, OPRF is a nonprofit organization dedicated to providing financial and volunteer resources and advocacy for recreation programs and parks in Oakland. The organization is committed to improving the quality of life for all Oakland residents and others who utilize these facilities. OPRF is projected to grant up to $300,000 in the form of scholarships to subsidize 2 participant fees for youth to attend park and recreation programs during FY2023-24 and acts as a fiscal sponsor to more than 43 community-based organizations supporting Oakland’s parks system; and
WHEREAS, the proposed license agreement will not result in a significant impact under the California Environmental Quality Act pursuant to CEQA Guidelines sections 15061(b)(3) and 15301 since it provides for the ongoing use of an existing facility within the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 2. Pursuant to OMC 2.42.110, and based on the value of the in-kind services and the social, cultural, and economic benefits of the license described herein and in the Agenda Report accompanying this ordinance, the City Council finds and determines that it is in the City’s best interest to enter into the license with Oakland Parks and Recreation Foundation at the below market license fee of Zero Dollars ($0.00) per month.
SECTION 3. The City Council hereby authorizes the City Administrator to enter into a license with Oakland Parks and Recreation Foundation for use of the Premises through June 30, 2026, with a 3-year option to renew.
SECTION 4. California Environmental Quality Act. The license agreement is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), the “common sense exemption,” which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, the City finds that the license agreement is exempt from CEQA as it can be seen with certainty that there is no possibility that the activity in question will result in a significant impact as it provides for a licensee to use an existing structure consistent with its use in the past.
In addition, no ground-disturbing construction activity will take place under the license agreement.
The license agreement is also exempt pursuant to CEQA Guidelines, section 15301, the “Class 1” exemption, which exempts from further environmental review the ongoing operation of existing public structures and facilities. The approval of the License Agreement will not result in the significant addition or alteration of existing areas already in use.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the 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 3 SECTION 6. 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, 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:
NOTICE AND DIGEST
ORDINANCE (1) AUTHORIZING A LICENSE AGREEMENT WITH
OAKLAND PARKS AND RECREATION FOUNDATION FOR USE OF
OFFICE SPACE AT THE LAKESIDE PARK GARDEN CENTER
LOCATED AT 666 BELLEVUE AVENUE AT THE BELOW MARKET
RATE OF $0.00 THROUGH JUNE 30, 2026, WITH A 3-YEAR OPTION TO RENEW; (2) MAKING FINDINGS THAT THE LICENSE FOR BELOW
FAIR MARKET VALUE IS IN THE BEST INTEREST OF THE CITY; AND (3) MAKING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FINDINGS
This Ordinance would authorize a license agreement with Oakland Parks and Recreation Foundation for use of office space at the Lakeside Park Garden Center (Marsha J. Corprew Memorial) at the below market rate of Zero Dollars ($0.00) through June 30, 2026, with a 3-year option to renew, in return for certain in-kind services, and makes appropriate California Environmental Quality Act (CEQA) findings.