APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________ C.M.S.
AN ORDINANCE (1) AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND EXECUTE (A) A PURCHASE AND SALE
AGREEMENT WITH OAKLAND UNIFIED SCHOOL DISTRICT (OUSD)
FOR THE SALE OF THE 0.6-ACRE CITY-OWNED PORTION OF
GARFIELD PARK LOCATED AT 2201-2299 EAST 17TH STREET FOR
RENOVATION OF THE GARFIELD ELEMENTARY SCHOOL CAMPUS
FOR FIVE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($597,500) LESS RELATED CLOSING COSTS; AND (B) A
MEMORANDUM OF UNDERSTANDING BETWEEN OUSD AND THE
CITY TO PROVIDE FOR THE CITY AND COMMUNITY’S USE OF THE
ATHLETIC FIELD ON THE RENOVATED GARFIELD ELEMENTARY
SCHOOL CAMPUS; (2) DECLARING THE PROPERTY EXEMPT
SURPLUS LAND; AND (3) ADOPTING CEQA FINDINGS
WHEREAS, Garfield Park, located at 2201-2299 East 17th Street, Oakland, California, is one of thirteen (13) athletic fields in the City’s park system, measures approximately 1.5 acres, and contains a single baseball diamond in poor condition; and WHEREAS, the City of Oakland owns only an approximately 0.6-acre portion of Garfield Park, identified as Assessor's Parcel Number 20-202-1-1 (“Property”); and WHEREAS, Oakland Unified School District (“OUSD”) owns the remaining portion of Garfield Park and the adjacent Garfield Elementary School located at 1640 22nd Avenue, Oakland, California; and
WHEREAS, on March 11, 2026, OUSD adopted Resolution No. 2526-0102 approving a revised scope and total project budget of One Hundred Four Million Five Hundred Thousand Dollars ($104,500,000) for a comprehensive rebuild of Garfield Elementary School as part of the Garfield Elementary School Rebuild and Early Childhood Education Expansion Project (“Capital Project”), which will include a new turf athletic field; and WHEREAS, on May 4, 2026, OUSD sent a letter to the City proposing to acquire the Property for use in its Capital Project; and
WHEREAS, the negotiated sale price of Five Hundred Ninety-Seven Thousand Five Hundred Dollars ($597,500) represents the midpoint between the City's and OUSD's appraised values of the Property; and
WHEREAS, to mitigate the loss of public parkland resulting from the sale, OUSD has agreed to enter into a Memorandum of Understanding with the City through which the City and qualified community organizations shall be able to reserve the new turf athletic field on the renovated Garfield Elementary School campus for a minimum of 8-10 hours per week with the field maintained and operated exclusively by OUSD, scheduled through OUSD's reservation system, and subject to OUSD's ordinary fee schedule; and WHEREAS, if the City does not sell the Property to OUSD, OUSD would construct the Capital Project up to the existing OUSD property line, rendering the remaining portion of Garfield Park unusable as an athletic field without compensation to the City; and WHEREAS, per Section 219(6) of the Charter, all sales of real property by the City must be authorized by an ordinance enacted by the City Council, pursuant to Oakland Municipal Code Section 2.42.050; and
WHEREAS, on September 16, 2026, the Oakland Parks and Recreation Advisory Commission (“PRAC”) voted to support the City’s sale of the Property to OUSD; and WHEREAS, under the California Surplus Land Act (Government Code Section 54220 et seq.) (the “Surplus Land Act”), surplus property is defined as land owned by any local agency no longer necessary for the agency’s use; and
WHEREAS, exempt surplus land means, “Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use,” pursuant to Government Code Section 54221(f)(1)(D) of the Surplus Land Act; and
WHEREAS, the Open Space, Conservation and Recreation element (“OSCAR Element”) of the City’s General Plan, adopted by the City Council in 1996, established a policy of no “net loss” in open space, and the City’s Planning & Building Department has confirmed that closure of Garfield Park would not trigger a “net loss” of Open Space due to sufficient additions to the City’s open space inventory since adoption of the OSCAR Element; and WHEREAS, the City has determined that the proposed sale of the Property is categorically exempt from the California Environmental Quality Act (“CEQA”) under the following Sections of the State CEQA Guidelines: Section 15302 (replacement or reconstruction of existing school), Section 15314 (minor additions to existing schools), Section 15183 (consistent with the General Plan), and Section 15332 (infill exemption); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Administrator is hereby authorized to negotiate and execute a Purchase and Sale Agreement with OUSD for the sale of the Property for the purchase price of Five Hundred Ninety-Seven Thousand Five Hundred Dollars ($597,500) less related closing costs.
SECTION 2. The City Administrator is further authorized to negotiate and execute the deed conveying the Property and to enter into other agreements and take whatever action is necessary consistent with this Ordinance and its basic purposes.
SECTION 3. The City Administrator is hereby authorized to appropriate land sales proceeds for park maintenance and improvements in the amount of the Net Proceeds into the General Purpose Fund (1010), Office of OPR Director (501110); Sale of Land (48111); Project to be determined; Recreation, Cultural Civic (NB03).
SECTION 4. The City Administrator is hereby authorized to negotiate and execute a Memorandum of Understanding with OUSD through which the City and qualified community organizations shall be able to reserve the new turf athletic field on the renovated Garfield Elementary School campus for a minimum of 8-10 hours per week with the field maintained and operated exclusively by OUSD, scheduled through OUSD's reservation system, and subject to OUSD's ordinary fee schedule.
SECTION 5. Prior to execution, all agreements shall be reviewed and approved as to form and legality by the City Attorney and executed copies shall be filed with the City Clerk.
SECTION 6. That the City Council finds and determines on an independent basis, that the property is exempt surplus land pursuant to Government Code Section 54221(f)(1)(D) of the Surplus Land Act because the property is being transferred from the City to OUSD for its use as a school rebuild as part of the Capital Project.
SECTION 7. The City Council hereby finds and determines, on an independent basis, that the proposed sale of the Property is exempt from the California Environmental Quality Act (“CEQA”) under the following Sections of the State CEQA Guidelines: Section 15302 (replacement or reconstruction of existing school), Section 15314 (minor additions to existing schools), Section 15183 (consistent with the General Plan), and Section 15332 (infill exemption).
SECTION 8. 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 9. 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 - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3482818 / NC
5 NOTICE AND DIGEST
AN ORDINANCE (1) AUTHORIZING THE CITY ADMINISTRATOR TO
NEGOTIATE AND EXECUTE (A) A PURCHASE AND SALE
AGREEMENT WITH OAKLAND UNIFIED SCHOOL DISTRICT (OUSD)
FOR THE SALE OF THE 0.6-ACRE CITY-OWNED PORTION OF
GARFIELD PARK LOCATED AT 2201-2299 EAST 17TH STREET FOR
RENOVATION OF THE GARFIELD ELEMENTARY SCHOOL CAMPUS
FOR FIVE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($597,500) LESS RELATED CLOSING COSTS; AND (B) A
MEMORANDUM OF UNDERSTANDING BETWEEN OUSD AND THE
CITY TO PROVIDE FOR THE CITY AND COMMUNITY’S USE OF THE
ATHLETIC FIELD ON THE RENOVATED GARFIELD ELEMENTARY
SCHOOL CAMPUS; (2) DECLARING THE PROPERTY EXEMPT
SURPLUS LAND; AND (3) ADOPTING CEQA FINDINGS
An Ordinance (1) authorizing the negotiation and execution of a (A) Purchase and Sale Agreement with Oakland Unified School District for the City’s sale of the approximately
1.5-acre City-owned Garfield Park located at 2201-2299 East 17th Street, Oakland, California for Five Hundred Ninety-Seven Thousand Five Hundred Dollars ($597,500) less related closing costs; (B) a Memorandum of Understanding between OUSD and the City to provide for the City’s continued use of the athletic field; (2) declaring the property exempt surplus land under Government Code Section 54221(f)(1)(D) of the Surplus Land Act because the property is being transferred from the City to OUSD for its use as a school rebuild; and (3) adopting California Environmental Quality Act (CEQA) findings.