Title
Final Passage of Ordinance Authorizing the City Manager to Execute a Purchase and Sale Agreement for the 1.7 Acres of Surplus Land (Building 607) with the Alameda Food Bank, Execute a 12-Month License with a 6-Month Optional Extension for Temporary Use of Adjacent Property During Project Construction, Execute a Lease for Wings 8 and 9 of Building 2 on West Midway Avenue at Alameda Point with the Alameda Point Collaborative, and Execute Release of the Legally Binding Agreements with the Alameda Point Collaborative and Alameda County. [Requires 4 affirmative votes]
The streamlining provisions of Public Resources Section 21083.3 and Section 15183 of the California Environmental Quality Act (CEQA) Guidelines apply and no further environmental review is required. (Base Reuse 29061822)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=6552499&GUID=DD5A9171-D0CD-42C9-9734-E21F63155422&Options=&Search=&FullText=1>
This ordinance was not revised when it was introduced.
Full text of the ordinance:
CITY OF ALAMEDA ORDINANCE NO. ______
New Series
AUTHORIZING THE cITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE 1.7 ACRES OF SURPLUS LAND (bUILIDNG 607) WITH THE ALAMEDA FOOD BANK, EXECUTE A 12-MONTH LICENSE WITH 6-MONTH OPTIONAL EXTENSION FOR TEMPORARY USE OF ADJACENT PROPERTY DURING PROJECT CONSTRUCTION, EXECUTE A LEASE FOR WINGS 8 AND 9 OF BUILDING 2 ON WEST MIDWAY AVENUE AT ALAMEDA POINT WITH THE ALAMEDA POINT COLLABORATIVE, AND EXECUTE RELEASES OF THE LEGALLY BINDDING AGREEMENTS WITH THE ALAMEDA POINT COLLABORATIVE AND ALAMEDA COUNTY
WHEREAS, the City is desirous of providing supportive housing for the City’s most vulnerable citizens; and
WHEREAS, the City is also desirous of maintaining continuity of services for residents seeking food assistance; and
WHEREAS, the City is also desirous of ensuring that Alameda Point is ultimately served by a new and cohesive backbone infrastructure system guided by the Master Infrastructure Plan (MIP); and
WHEREAS, Alameda Point Collaborative, a California nonprofit public benefit corporation ("APC"), has represented homeless interests in the reuse process for the Alameda Naval Air Station since 1995, and has leased Building 607 in furtherance of that goal since 1999; and
WHEREAS, Alameda Food Bank, a California nonprofit public benefit corporation ("AFB"), has provided essential assistance to the Alameda community by providing nourishing food in a compassionate and respectful manner since 1977; and
WHEREAS, APC, AFB, and the City of Alameda have negotiated a series of actions to facilitate and expedite: 1) the construction of new infrastructure in support of the Historic District and occupants at Alameda Point consistent with the City Council’s March 2023 Alameda Point Disposition and Leasing Strategy, 2) the construction of affordable housing for Alameda’s most vulnerable households consistent with the Council’s July 2023 approval of the Rebuilding Existing Supportive Housing at Alameda Point project (RESHAP) project, and 3) the provision of affordable food to Alameda’s most vulnerable communities by the Alameda Food Bank; and
WHEREAS, AFB explored moving from their current location at Building 92 in order to expand operations. City staff determined that Building 607 was a highly suitable new location due to its location, ability for expansion, and inclusion of a cell tower that could provide ongoing income generation for AFB; and
WHEREAS, Building 607 and associated land are located across the street from the Alameda Food Bank’s currently-leased location in Building 92; and
WHEREAS, Building 607 and associated lands are located on AC Transit Route 96, are in close proximity to a planned network of bicycle facilities and sidewalks, and will also be served by Alameda Transportation Management Association services and programs consistent with and in compliance with the Alameda Point TDM Plan; and
WHEREAS, the Alameda Food Bank would like to purchase the 1.7 acres of exempt surplus land facing Pan Am Way, which includes Building 607, an existing parking lot and a cell tower; and
WHEREAS, the City is the fee title owner of Building 607 and associated land, which is approximately 1.7 acres in size and is located on Pan Am Way, and is more particularly described in Exhibit D to this Ordinance; and
WHEREAS, the Alameda Food Bank’s proposed Development Plan for the 1.7-acre site includes the rehabilitation and expansion of Building 607, reconfiguration of the adjacent parking lot, and addition of trees, landscaping and impervious surfaces to accommodate the Community Market and a variety of operational areas, including food receiving, warehouse areas for dry and cold storage of food, food sorting and preparation areas, and related volunteer and staff operational areas; and
WHEREAS, a Purchase and Sale Agreement (PSA) establishes a sales price of $3,060,000 for the 1.7-acre property, which is based on the City’s $1.8 million per acre cost to construct all of the Master Infrastructure needed at Alameda Point; and
WHEREAS, on March 7, 2023, the City Council reviewed and approved a Disposition and Leasing Strategy for Alameda Point, which prioritizes the sale of City-owned land adjacent to new infrastructure and new utilities to finance new public infrastructure at Alameda Point in the Historic District; and
WHEREAS, the Food Bank is funding their fair share of the cost for the new infrastructure, utilities, sea level rise, and parks that are needed to support the full development of Alameda Point; and
WHEREAS, on November 13, 2023, the Alameda Planning Board held a public hearing at which they reviewed and unanimously approved the Food Bank’s proposed Development Plan and Use Permit for Building 607 and the 1.7-acre property on Pan Am Way; and
WHEREAS, with City Council approval of the PSA, the Alameda Food Bank will be able to prepare and submit architectural plans for the project and submit for Design Review approval from the Planning Board and Certificate of Approval from the Historical Advisory Board; and
WHEREAS, Building 607 is not a contributor to the NAS Historic District, but the City of Alameda Mitigation Monitoring and Reporting Program for the development of Alameda Point requires a Certificate of Approval for any new buildings constructed within the Historic District to ensure that the new structure does not impact the character defining features of the NAS Historic District; and
WHEREAS, there are Legally Binding Agreements (LBAs) with numerous entities on Alameda Point, including with APC at Buildings 92 and 607; and
WHEREAS, the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 requires that reasonable accommodations be made on closing military bases to meet the needs of the homeless. In 1995, the Alameda Reuse and Redevelopment Authority (ARRA) recognized the Alameda County Homeless Providers Base Conversion Collaborative (ACHPBCC) as the official organization representing homeless interests in the reuse process for the NAS Alameda; and
WHEREAS, APC is the successor to ACHPBCC; and
WHEREAS, on July 18, 2023, the Alameda City Council approved the Development Agreement and Disposition and Development Agreement for the Rebuilding the Existing Supportive Housing at Alameda Point (RESHAP) property. APC, the AFB, and the City have agreed to relocate AFB to Building 607 and surrounding areas, which requires temporary relocation of Tenant to the Premises until the RESHAP development is completed; and
WHEREAS, APC and City desire to temporarily relocate all homeless services provided under the LBAs for Buildings 607 and 613 into Building 2, which is more particularly described in Exhibit C to this Ordinance, pursuant to the terms of this new lease agreement, until RESHAP construction is completed; and
WHEREAS, APC, in consideration for the City agreeing to lease Building 2 has agreed to release any and all rights it may have pursuant to the Legally Binding Agreements (LBAs) for Buildings 607 and 613; and
WHEREAS, APC has agreed to release any and all rights it may have pursuant to the LBA for Building 92 so that the City may market for sale; and
WHEREAS, to facilitate and expedite the move across the street to the 1.7-acre parcel, known as Lot 101, which is more particularly described in Exhibit A to this Ordinance, and to maintain a continuity of operations for residents seeking food assistance, the Alameda Food Bank requires temporary use of approximately 10,000 square feet of land on the vacant parcel immediately adjacent to Building 607 for up to 12 months; and
WHEREAS, Lot 101 is currently leased to the Alameda Point Collaborative at no cost pursuant to the Legally Binding Agreements between the City and the Alameda Point Collaborative; and
WHEREAS, as a condition of the Building 2 Lease with Alameda Point Collaborative, Alameda Point Collaborative is releasing its interests for this property. Once the Alameda Food Bank has terminated the short-term license, the adjacent vacant lands between Building 114 and the Alameda Food Bank property will be available for sale; and
WHEREAS, in connection with the approval of this Agreement, the City Council has adopted written findings that the Property is exempt surplus land pursuant to Government Code Section 54221(f)(1)(M); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. The foregoing recitals are true and correct, and, together with information provided by City staff and the public, if any, form the basis for the approvals, findings, resolutions, and determinations set forth below.
Section 2. The City Council approves, authorizes, and directs the City Manager to execute a 12-month License with a 6-month optional License between the City of Alameda and Alameda Food Bank, for the approximately 10,000 square feet of unimproved land adjacent to Building 607, subject to such technical or clarifying revisions as are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 3. The City Council approves, authorizes, and directs the City Manager to execute a lease between the City of Alameda and Alameda Point Collaborative for Wings 8 and 9 of Building 2, subject to such technical or clarifying revisions as are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 4. The City Council approves, authorizes, and directs the City Manager to execute a release and termination of lease agreement for all Legally Binding Agreements with the Alameda Point Collaborative and Alameda County, for buildings described in Exhibit B to this Ordinance, subject to such technical or clarifying revisions as are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 5. The City Council approves, authorizes, and directs the City Manager to execute the Purchase and Sale Agreement with the Alameda Food Bank for Building 607, subject to such technical or clarifying revisions as are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 6. If any section, subsection, sentence, clause or phrase of this ordinance if, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda hereby declares that it would have passed this ordinance, and each section, subsections, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared to be invalid and unconstitutional.
Section 7. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
_____________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 19th day of 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of 2024.
|
|
|
|
|
|
|
|
Lara Weisiger, City Clerk City of Alameda |
|
Approved as to form: |
|
|
|
|
|
Yibin Shen, City Attorney City of Alameda |
|