Title
Final Passage of Ordinance Authorizing the Acting City Manager to: (I) Accept at No Cost an Approximately 5.3 Acre Roadway Dedication from the U.S. Navy; (II) Accept at No Cost an Approximately 12-Acre Site from the U.S. Navy and Transfer by Quitclaim Deed a Portion Thereof at No Cost to the Housing Authority of the City of Alameda in the North Housing Site (Generally Bounded by Main Street, Singleton Avenue, Mosley Avenue and Bette Street), and (III) Execute Any and All Ancillary Documents and to Perform Any and All Acts Necessary or Desirable to Consummate the Transaction. [Requires four affirmative votes] (City Attorney)
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CITY OF ALAMEDA ORDINANCE NO. ____
New Series
AUTHORIZING THE ACTING CITY MANAGER TO: (I) ACCEPT AT NO COST AN APPROXIMATELY 5.3 ACRE ROADWAY DEDICATION FROM THE U.S. NAVY; (II) ACCEPT AT NO COST AN APPROXIMATELY 12-ACRE SITE FROM THE U.S. NAVY AND TRANSFER BY QUITCLAIM DEED A PORTION THEREOF AT NO COST TO THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA IN THE NORTH HOUSING SITE (GENERALLY BOUNDED BY MAIN STREET, SINGLETON AVENUE, MOSLEY AVENUE AND BETTE STREET); AND (III) EXECUTE ANY AND ALL ANCILLARY DOCUMENTS AND TO PERFORM ANY AND ALL ACTS NECESSARY OR DESIRABLE TO CONSUMMATE THE TRANSACTION
WHEREAS, the U.S. Navy (“Navy”) is the current owner of real property consisting of an approximately 14.87-acre parcel (“Carmel Parcel”) made up of a portion of Assessor’s Parcel Number (“APN”) 74-905-10-2; an approximately 12.3-acre parcel (“Housing Authority Parcel”) and an approximately 2.0-acre parcel (“Habitat Parcel”), made up of portions of APN 74-905-10-4 and APN 74-905-12-2, all in the northwest portion of the City, generally bounded to the south by Singleton Avenue, to the north by Mosley Avenue, to the west by Main Street and to the east by Bette Street, collectively known as the “North Housing Site”; and
WHEREAS, in 2007, the Navy declared the North Housing Site surplus property and began the process to transition the property to civilian reuse; and
WHEREAS, the City conducted the federally mandated screening process which resulted in the following proposed disposition of the North Housing Site:
• A Public Benefit Conveyance to the City of Alameda for Estuary Park;
• Approval of a 2012 Legally Binding Agreement (“LBA”) between the City, Housing Authority of the City of Alameda (“Housing Authority”), Alameda Point Collaborative (“APC”) and Building Futures with Women and Children (“BFWC”) for the 12.3-acre parcel for a ninety-unit homeless accommodation; and
• A Self-Help Housing Conveyance of two acres to Habitat for Humanity; and
WHEREAS, in 2008, the City Council approved an application by the Housing Authority, APC and BFWC for a 12.3-acre homeless accommodation; and
WHEREAS, the homeless accommodation was approved by the Navy and the Housing and Urban Development Department (HUD); and
WHEREAS, the LBA specifies that the property referred to herein as the Housing Authority Parcel will be transferred from the federal government to the City, as the Local Redevelopment Authority (LRA), and subsequently conveyed to the Housing Authority; and
WHEREAS, in addition to the Housing Authority Parcel, the Navy proposes to convey, at no cost, approximately 5.3 acres of roadways and right of way (“Roadway Parcel”) to the City, consisting of the existing Singleton and Mosley Avenues in the North Housing Site; and
WHEREAS, the City proposes to transfer at no cost the Housing Authority Parcel to the Housing Authority, reserving unto itself approximately .26 acres (the “Land Transfer Area”); and
WHEREAS, the City proposes to transfer the Land Transfer Area to the adjacent property owner for fair market consideration that will benefit the Housing Authority; and
WHEREAS, the City is authorized and empowered to enter into agreements for the acquisition and disposition of real property in the City of Alameda; and
WHEREAS, this action would not result in any new environmental impacts or more severe environmental impacts than those previously identified with the adoption of the Community Reuse Plan Environmental Impact Report (“EIR”) 2009 Addendum and the Housing Element EIR 2012 Addendum; and
WHEREAS, on April 23, 2018, the Planning Board determined the transfers of real property to implement the LBA to be in conformity with the Alameda General Plan in accordance with Government Code section 65402(a).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda (“City Council”) that after hearing all qualified and interested persons and receiving and considering all relevant evidence, finds and determines as follows:
Section 1.
The City Council hereby delegates to the Acting City Manager the authority to: (i) accept the Housing Authority Parcel and the Roadway Parcel from the U.S. Navy; (ii) execute a Quitclaim Deed transferring at no cost the Housing Authority Parcel to the Housing Authority reserving to the City the approximately 11,507 square feet Land Transfer Area; and (iii) execute auxiliary documents and to perform any and all acts necessary or desirable to consummate the transaction.
Section 2.
If any portion, section, subsection, paragraph, subparagraph, sentence, clause, phrase or application of this Ordinance is held invalid or inapplicable by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity or applicability of any other part of this Ordinance.
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.
_________________________
Mayor of the City of Alameda
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 on the 5th day of June, 2018, 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 6th day of June, 2018.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Janet C. Kern, City Attorney
City of Alameda