Title
Adoption of Resolution Authorizing the City Manager to Execute a Consent to Assignment and Assumption of Lease in Favor of Stephen and Norma Morris Family Trust with Respect to the Lease of Real Property Between Stephen W. and Norma G. Morris, and the City of Alameda for the Tidelands Parcel Adjacent to the Uplands Parcel at 1354 Eastshore Drive, Alameda, CA.
This action is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Community Development 21661825)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Staff is requesting that City Council adopt a resolution authorizing the City Manager to execute a Consent to Assignment and Assumption of Lease (Assignment) in favor of Stephen and Norma Morris Family Trust (Assignee) with respect to the Lease of Real Property dated January 29, 1984 (Lease), between Stephen W. and Norma G. Morris (Assignor), and the City of Alameda (City) for the Tidelands parcel (Tidelands Parcel) adjacent to the uplands parcel at 1354 Eastshore Drive, Alameda (Upland Parcel). The Assignment is attached as Exhibit 1 and the Lease is attached as Exhibit 2. A map with the location of the parcels is attached as Exhibit 3. This Assignment is being requested because the Assignor is transferring its home on the Uplands Parcel, as part of Assignor’s estate planning efforts, and requested to transfer also the adjacent Tidelands Parcel to Assignee, a family trust.
BACKGROUND
The City acquired the Tidelands Parcel, as well as others, from the State of California to be held in trust for the people of California pursuant to Chapter 348 of the Statutes of 1913, as amended by Section 1 of Chapter 594 of the Statutes of 1917. Historically in Alameda, tidelands parcels abutting privately-owned upland residential parcels have been leased exclusively to the upland property owners for the construction, maintenance and operation of docks, ramps, associated structures, retaining walls, and landscaping, so long as such uses are in accordance with, and not in conflict with, applicable zoning. Under the Lease, transfer of the Tidelands Parcel is authorized in the event of the transfer of the Upland Parcel.
DISCUSSION
As part of the Assignor’s estate planning efforts, Assignor is transferring its home on the Uplands Parcel to Assignee, a family trust. Assignor requested to staff that the City also transfer the adjacent Tidelands Parcel to the Assignee. Transfer to Assignee of the Tidelands Parcel is authorized under the Lease and requires City Council approval of a resolution authorizing the City Manager to execute the Assignment. The current term of the Lease extends through January 28, 2034.
ALTERNATIVES
• Approve the resolution authorizing the City Manager to execute an Assignment in favor of Assignee, Stephen and Norma Morris Family Trust, for the Lease applicable to the Tidelands Parcel located adjacent to the Uplands Parcel at 1354 Eastshore Drive, Alameda.
• Do not approve a resolution authorizing execution of the Assignment applicable to the Tidelands Parcel; this will result in the Tidelands Parcel being leased by one party while the adjacent Uplands Parcel through which the Tidelands Parcel is accessed will be owned by another party.
FINANCIAL IMPACT
The revenue generated by the Lease is deposited into the Tidelands Fund (216) lease revenue account and are limited to uses permitted under the Trust by California State Lands. Re-assignment of the Lease does not change the base rent.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Consent to Assignment and Assumption of Lease in favor of Stephen and Norma Morris Family Trust with respect to the Lease of Real Property between Stephen W. and Norma G. Morris, and the City of Alameda for the Tidelands Parcel adjacent to the Uplands Parcel at 1354 Eastshore Drive, Alameda, CA.
Respectfully submitted,
Lisa Maxwell, Community Development Director
By,
Lorie Curtis, Management Analyst
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Assignment and Assumption of Lease
2. Lease of Real Property
3. Map