Title
Final Passage of Ordinance Conveying Approximately 20 Acres of Property from the City of Alameda to the City of Alameda Housing Authority at the Former Naval Air Station Alameda (Alameda Point). (City Manager/City Attorney)
Body
CITY OF ALAMEDA ORDINANCE NO. _____
New Series
APPROVING CONVEYANCE OF APPROXIMATELY 20 ACRES OF PROPERTY FROM THE CITY OF ALAMEDA TO HOUSING AUTHORITY OF THE CITY OF ALAMEDA AT THE FORMER NAVAL AIR STATION (ALAMEDA POINT)
WHEREAS, the City of Alameda is party to an agreement with the Alameda Unified School District ("District") dated March 28, 2000, relating to closure of the Alameda Naval Air Station and Fleet Industrial Supply Center (the "Mastick Agreement"); and
WHEREAS, the City and Housing Authority of the City of Alameda ("Authority") together as successors to the Community Improvement Commission of the City of Alameda ("Redevelopment Agency"), and the District are parties to an agreement pursuant to Health and Safety Code Section 33401 dated November 12, 1991, relating to redevelopment tax increment pass-through payments (the "Pass-Through Agreement") to mitigate the financial impact to the District resulting from the diversion of certain real property tax revenues (commonly known as "Tax Increment Revenues") to the City's Redevelopment Agency; and
WHEREAS, ABx1 26 and AB1484 ended redevelopment in California and set in place a complex process for dissolving redevelopment agencies and terminating tax increment revenues as a result of which, continued implementation of the Pass-Through Agreement is uncertain and within the control of the State of California Department of Finance ("DOF"); and
WHEREAS, the DOF has determined that an account accumulated pursuant to the Pass-Through Agreement totaling approximately $4.6 Million (the "Housing Asset Fund") held by the Authority (as the successor housing agency)in trust for the District is a "housing asset" as defined in AB1484. As such, those housing asset funds are restricted and may only be used to provide affordable housing for the residents of the City of Alameda; and
WHEREAS, the Authority desires to utilize the Housing Asset Fund as expeditiously as possible to avoid any future attempts by the State of California to take those funds for other State purposes. To facilitate use of the Housing Asset Fund for eligible projects, the City, District and Authority intend to enter into the transactions set forth in the Settlement Agreement which will result in the Authority being able to provide additional affordable housing for the residents of the City of Alameda; and
WHEREAS, to meet certain public entity facilities needs the City, under the Mastick Agreement conveyed two parcels of land to the District (the "Tidelands Parcels") in exchange for which the District conveyed to the City the former Mastick Elementary School site; and
WHEREAS, as a result of significant legal issues relating to title to the Tidelands Parcel, full consideration to the District for its conveyance of the Mastick Elementary School site has not been fulfilled. The City has completed significant environmental and planning analyses and has identified real property that more properly meets the District's needs for public education facilities. The City intends to substitute conveyance of the Tideland Parcels and the pending conveyance of an additional 12 acre site as contemplated by the Mastick Agreement with conveyance of approximately twenty (20) acres of real property located at Alameda Point ("Alameda Point Property"); and
WHEREAS, for purposes of clarifying and implementing the parties rights, duties and obligations under the Mastick Agreement and Pass-Through Agreement, and in settlement of certain disputes that have arisen thereunder, the parties have entered into a Settlement Agreement Authorizing Certain Real and Personal Property Exchanges by and Among the City of Alameda, Housing Authority of the City of Alameda and Alameda Unified School District (the "Settlement Agreement"); and
WHEREAS, under the terms of the Settlement Agreement the City is to convey the Alameda Point Property to the Authority, and the Authority agrees to convey the Alameda Point Property to the District. In exchange for the Alameda Point Property, the District shall provide an Assignment to the Authority of the Housing Asset Fund and enter into a purchase and sale agreement with the Authority for the real property located at 2437 Eagle Street in Alameda, CA, and commonly known as the Island High School Site.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby authorized, subject to approval by the City Attorney, to execute and deliver, for and on behalf of the City of Alameda, a quitclaim deed for the Alameda Point Property conveying it to the Housing Authority of the City of Alameda.
Section 2. If any section, subsection, sentence, clause, or phrase of this ordinance, for any reason, is 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 3. 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 Council of the City of Alameda in regular meeting assembled on the 1st day of April, 2014, 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 2nd day of April, 2014.
__________________________
Lara Weisiger, City Clerk
City of Alameda