Resolution 14540CITY OF ALAMEDA RESOLUTION NO. I 4 0
APPROVING (1) THE DISPOSITION OF CERTAIN PROPERTY OWNED
BY THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF
ALAMEDA ( "CIC ") AT NOT LESS THAN ITS FAIR REUSE VALUE IN
CONNECTION WITH DEVELOPMENT OF AN AFFORDABLE RENTAL
HOUSING PROJECT ON THE SITE, AND (2) MAKING CERTAIN
FINDINGS WITH RESPECT TO THE DISPOSITION OF SUCH
PROPERTY
WHEREAS, the CIC is engaged in activities necessary to carry out
and implement the Community Improvement Plan for the Business and
Waterfront Improvement Project (the "BWIP "); and
WHEREAS, the CIC has adopted the five -year Implementation Plan
covering Fiscal Years 2009/10 - 2013114 for the BVVIP (the "Implementation
Plan "); and
WHEREAS, among other things, the Implementation Plan provides
for the implementation of certain activities necessary or appropriate to
carry out the objectives of the Community Improvement Plan in
accordance with Community Redevelopment Law of the State of California
(Health and Safety Code Section 33000 et seq.) ('CRL "), and
WHEREAS, the CIC owns certain real property within the City of
Alameda, commonly known as 2216 Lincoln Avenue (the "Site "), which is
outside the BWIP; and
WHEREAS, the Implementation Plan identified specific affordable
housing projects to be developed over the next five (5) years, including
development of a 19 -unit multifamily affordable rental housing on the Site;
and
WHEREAS, CIC staff has negotiated an Owner Participation
Agreement ('OPA") with the Housing Authority, Satellite Housing, and
HCEB, wherein Satellite Housing and HCEB (jointly, "Affordable Housing
Developer ") has agreed to develop, construct and operate a 19 -unit
multifamily affordable rental housing (the "Project ") on the Site, comprised
of eighteen (18) units for very -low income residents and one (1) unit for a
moderate income, resident manager; and
WHEREAS, the OPA contemplates the CIC's disposition of the Site
to the Housing Authority by quitclaim deed (the "Quitclaim Deed ") and the
Housing Authority entering into a long -- term ground lease with Affordable
Housing Developer for development and operation of the Project on the
Site pursuant to a lease option agreement (the "Lease Option
Agreement"); and
WHEREAS, pursuant to California Environmental Quality Act
(CEQA), the City, as the lead agency has undertaken the required
analysis of the environmental impacts of this project and based on its
independent judgment and based on substantial evidence in the record,
finds the project to be exempt from CEQA pursuant to California Public
Resources Code Sections 21159.21, 21159.23 (exemption for affordable
housing) and 21159.24 (Exemption for infill affordable housing), as well as
CEQA Guidelines Section 15332 (infill development projects).
Furthermore, the project does not trigger any of the exceptions in CEQA
Guidelines section 15300.2 in that the project will not have any significant
effects due to unusual circumstances or any cumulatively significant
impacts and will not adversely impact any designated historic resources;
and
WHEREAS, pursuant to CRL section 33433, a summary report
pertaining to the conveyance of the Site dated December 2010 ('Summary
Report ") was prepared, which is attached to the staff report for this action,
and is incorporated fully into this Resolution by this reference; and
WHEREAS, the CIC has made copies of the OPA (including the
Quitclaim Deed referenced therein), Lease Option Agreement, and the
Summary Report available for public inspection and copying no later than
the time of the first publication of the notice of the public hearing; and
WHEREAS, the Summary Report contains a summary which
describes and specifies all of the following:
(i) the costs to be incurred by the CIC under the OPA;
(ii) the estimated value of the interest to be conveyed,
determined at the highest and best use permitted under the
Implementation Plan;
(iii) the estimated value of the interest to be conveyed in
accordance with the uses, covenants, and development costs required by
the OPA;
(iv) an explanation of why the .sale of the Site will assist in the
elimination of blight, with reference to all supporting facts and materials
relied upon in making this explanation;
(vi) an explanation of the difference between the compensation
to be paid to the CIC by the Housing Authority and the fair market value of
the Site at the highest and best use consistent with the Implementation
Plan; and
WHEREAS, in accordance with CAL section 33433, on January
18th, 2011, the 010, the City Council, and the Housing Authority Board of
Commissioners held a joint public hearing to consider the approval of the
OPA (including the Quitclaim Deed referenced therein), the Lease Option
Agreement, and related documents, after publishing notice of the public
hearing in accordance with CRL section 33433; and
WHEREAS, the City Council believes the OPA and the Quitclaim
Deed are in the best interests of the BWIP, the City of Alameda and the
health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable sate and local law and
requirements; and
WHEREAS, the City Council has considered any written evidence
and /or testimony received in support of or in opposition to the OPA
(including the Quitclaim Deed referenced therein), the Lease Option
Agreement, and the Summary Report, as well as the entire record
prepared by the CIC and City staff.
NOW, THEREFORE BE IT RESOLVED, by the City Council, as
follows:
1. That the City Council hereby finds and determines that all
recitals set forth in this Resolution are true and correct and fully
incorporated herein by this reference.
2. That the City Council has reviewed and approves the
Summary Report.
3. That the City council finds and determines that the
consideration to be received by the CIC for the sale of the Site is not less
than fair reuse value at the use and with the covenants and conditions and
development costs authorized by the OPA and the Lease Option
Agreement, among other reasons, the reasons set forth in Sections 111
through V of the Summary Report.
4. That the City Council finds and determines that the sale of
the Site will assist in the elimination of blight or provide housing for low -
income or moderate - income persons, for, among other reasons, the
reasons set forth in Section VI of the Summary Report.
5. That the City Council finds and determines that the sale of
the Site and the development of the Site in accordance with the OPA, the
Quitclaim Deed, and Lease Option Agreement, are consistent with the
Implementation Plan.
6. That the City council hereby approves the sale of the Site to
the Housing Authority in accordance with the OPA and the Quitclaim Deed
referenced therein.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the city of Alameda during the Special
Joint Meeting of the City Council, Community Improvement Commission and the
Housing Authority Board of Commissioners on the 18th day of January, 2011, by the
following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson and Tam - 4.
NOES: None.
ABSENT: Mayor Gilmore - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 19th day of January, 2011.
Lara Weisiger, City
City of Alameda