Title
Adoption of Resolution Declaring Approximately 268 Acres of City Tidelands Property, including Areas at Alameda Point, Fortman Marina, Ballena Isle Marina and Grand Marina, to be Exempt Surplus Land Under the Surplus Land Act.
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 and Economic Development 29161822)
Body
To:: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
The recommended Surplus Lands Act Resolution declares approximately 268 acres of City of Alameda (City) Tidelands property as exempt surplus land under the Surplus Land Act. Declaration of this property as exempt surplus land will allow staff and consultants to proceed with preparing for the disposition of this property, such as engaging in negotiations with prospective transferees, in with alignment the City’s Strategic Plan, Alameda Point Master Infrastructure Plan, and Disposition and Leasing Strategy.
The City Council shall be responsible for approval or disapproval of the disposition of any property by Ordinance at a future City Council meeting.
BACKGROUND
The Tidelands Grant Statues authorized the transfer of specific coastal and tideland areas from the State of California to local governmental entities, such as cities or counties, to be held in trust for the benefit of the people of California. The purpose of these transfers was to facilitate local management and development of these lands to serve the public trust, including the support of activities such as navigation, fishing, recreation, and environmental conservation. Given its large amount of coastal and tideland areas, the State of California granted the City a significant amount of land through the Tidelands Grant Statutes. A portion of these granted lands are described herein as City Tidelands Properties.
Prior to taking any action to dispose of land owned by a local agency (i.e., sell, option to lease, or lease for a term of five years or more), the Surplus Land Act (California Government Code Sections 54220 et seq.) (“SLA”), requires the local agency to follow prescribed notification and negotiation procedures intended to encourage housing development, including affordable housing.
However, the SLA’s notification and negotiation procedures do not apply to the local agency’s disposal of land that qualifies as “exempt surplus land” as set forth in the SLA. Prior to taking any action to dispose of land, Government Code Section 54221(b)(1) requires the local agency to declare the land “surplus land” or “exempt surplus land” as supported by written findings.
The SLA, pursuant to Government Code Section 54221(f)(1)(K), authorizes written findings by the City Council to declare land to be “exempt surplus property” when such surplus property has been granted by the State in trust to a local agency and the disposal is authorized, subject to conditions established by statute, such as that which will be contained in any future lease agreements.
DISCUSSION
The property identified in the resolution comprises approximately 268 acres of City Tidelands property as shown in Exhibit A and includes areas at Alameda Point, Fortman Marina, Ballena Isle Marina and Grand Marina.
The recommended resolution declares that City Tidelands Property is exempt surplus land pursuant to Government Code section 54221(f)(1)(K) because the City Tidelands Property was granted by the State in the Tidelands Grant Statutes in trust to a local agency and the disposal per leases is authorized by, and shall be conducted subject to, the Tidelands Grant Statutes.
In 2029, the City’s long-term leases for the Fortman, Ballena Isle, and Grand Marinas will terminate. Additionally, the City is exploring the potential to work with a developer to build a surf park in Enterprise Park, which may involve a long-term lease requiring this resolution. Adopting this resolution now will help efficiently facilitate negotiations for new leases such as these, as well as other potential properties authorized by the Tidelands Grant Statutes including lands at Alameda Point near the historical waterfront and along the Oakland Estuary.
ALTERNATIVES
• Approve the Surplus Lands Resolution as recommended. This will facilitate and expedite the City’s continued efforts for the disposition of this property, such as engaging in negotiations with prospective transferees, in alignment the City’s Strategic Plan, Alameda Point Master Infrastructure Plan, and Disposition and Leasing Strategy.
• Direct Staff to modify the Surplus Lands Resolution. City Council may decide to direct staff to modify to the recommended Surplus Lands Resolution.
• Deny the Surplus Lands Resolution. If City Council does not want to move forward with declaring the identified property as exempt Surplus Land, City Council should identify the reasons for the denial. Absent the resolution, the City’s ability to negotiate with parties for leases at the subject Property would be curtailed, and staff would need to bring forth individual resolutions for specific portions of the property prior to any negotiation. This would significantly hamper the lease negotiation process for the locations covered by the Resolution.
FINANCIAL IMPACT
There is no direct fiscal impact from the recommended resolution. Any future dispositions of the property will require City Council approval under a separate Ordinance.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The recommended resolution is consistent with the City’s General Plan policies related to the disposition of City Tidelands properties. The resolution also supports the City Strategic Plan priority to Invest in Transportation, Infrastructure, Economic Opportunities and Historic Resources, specifically project TIE25 to Implement the City’s Alameda Point Disposition Strategy - renting and leasing City properties.
ENVIRONMENTAL REVIEW
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.
CLIMATE IMPACT
This resolution will facilitate and expedite the City’s continued efforts lease Tidelands property throughout the City. These efforts seek to activate waterfront uses and provide opportunities to build resilience for waterfront properties consistent with the City’s Climate Action Plan.
RECOMMENDATION
Adopt a resolution declaring approximately 268 acres of City Tidelands property to be exempt Surplus Land under the Surplus Land Act.
Respectfully submitted,
Abigail Thorne-Lyman, Base Reuse and Economic Development Director
By,
Walker Toma, Community Development Manager
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Map of Tidelands Property