Resolution 14200CITY OF ALAMEDA RESOLUTION NO.
4200
AUTHORIZING CONVEYANCE OF VARIOUS EASEMENTS FOR
THE DEVELOPMENT OF SHINSEI GARDENS APARTMENTS AT
401 WILVER "WILLIE" STARGELL AVENUE
WHEREAS, Alameda Naval Air Station (NAS Alameda) closed in
April 1997 and the Fleet Industrial Supply Center, Alameda (FISC) closed
in September 1998 and the United States Navy (Navy) initiated the
disposition process for NAS Alameda pursuant to the Defense Base
Closure and Realignment Act of 1990; and
WHEREAS, special legislation authorized the transfer of the FISC
to the City of Alameda (City) independent of the NAS Alameda economic
development conveyance; and
WHEREAS, a thirty-nine (39) unit multi-family affordable housing
development (Shinsei Gardens Apartments or the Project) is included in
the NAS Alameda Community Reuse Plan (Reuse Plan) that was
accepted by the City on January 31, 1996 after several years of public
input; and
WHEREAS, the Reuse Plan is a mixed-use, transit-oriented
proposal that provides for an orderly transition of NAS Alameda and the
FISC from military to civilian use, while advancing the community goals for
new employment, economic development, environmental protection,
provision of open space and preclusion of undesirable uses; and
WHEREAS, a team representing public and nonprofit agencies,
including current and prospective homeless service providers, negotiated
a statement of policies and standards called the "Standards of
Reasonableness" (as amended, Standards of Reasonableness) which
delineate reasonable uses of property at NAS Alameda for provision of
services to the homeless, including provision of housing, jobs, economic
development activity and occupancy and capital improvements; and
WHEREAS, on October 6, 1999, the Alameda Reuse and
Redevelopment Authority (ARRA) formally approved a Memorandum of
Understanding (MOU), entered into by the ARRA, the Community
Improvement Commission (CIC), Housing Authority of the City of Alameda
(Housing Authority), the City, the Housing and Community Development
Department of the County of Alameda, and the Alameda Point
Collaborative, Inc., which amended the Standards of Reasonableness,
which MOU was fully executed on February 22, 2000; and
WHEREAS, in June 2000, the City certified the Final Environmental
Impact Report of the Catellus Mixed Use Development (2000 EIR)
pursuant to the California environmental Quality Act (CEQA) which
included the Project as segment of the Catellus Mixed Use Development;
and
WHEREAS, the City also adopted a Mitigation Monitoring and
Reporting Program (MMRP) to ensure that those mitigation measures
determined through the CEQA analysis that will eliminate or reduce to an
acceptable level adverse environmental impacts of the Project, are
enforced and completed; and
WHEREAS, on July 17, 2000, the Navy conveyed the FISC to the
City by quitclaim deed; and
WHEREAS, on August 1, 2001, the City conveyed the FISC to the
CIC by quitclaim deed; and
WHEREAS, the CIC and the Housing Authority selected Resources
for Community Development (RCD) to develop the Project on
approximately 2.5 acres located in the FISC at 401 Wilver "Willie Stargell
Avenue (Stargell Avenue) at Coral Sea Street (Project Site), and
WHEREAS, on February 11, 2004, the City agreed to make
available to RCD approximately Six Hundred Thousand Dollars
($600,000) in HOME funds, for predevelopment costs relating to the
Project for financing certain predevelopment costs of the Project; and
WHEREAS, pursuant to a Settlement Agreement, dated as of
September 1, 2006, by and among the ARRA, the CIC, Housing
Authority, and Operation Dignity Inc. (Operation Dignity) (Settlement
Agreement), and subject to its terms and conditions, the ARRA, the CIC,
the Housing Authority and Operation Dignity entered into an
Implementation Agreement (39 Units), dated as of September 1, 2006
(Implementation Agreement) for the prospective financing, construction,
management and operation of the Project on the Project Site; and
WHEREAS, the Implementation Agreement implements the MOU
with respect to the 39 Unit Project; and
WHEREAS, on September 25, 2006, the Planning Board of the City
approved the Development Plan and Design Review for the Project by
Resolution No. PB- 06 -33; and
WHEREAS, on September 25, 2006, the City approved a third
addendum to the 2000 EIR to address any environmental effects of the
environmental control system for the Project; and
WHEREAS, on October 4, 2006, by Resolution No. 06 -145, the CIC
authorized the use of affordable housing funds generated from the West
End Community Improvement Project (WECIP) and the Business and
Waterfront Improvement Project (BWIP) in an amount not to exceed Four
Million Dollars ($4,000,000) for development of the Project; and
WHEREAS, on October 6, 2006, the CIC conveyed the Project Site
to the Housing Authority by quitclaim deed; and
WHEREAS, on October 4, 2006, the Housing Authority and RCD
entered into a Ground Lease Agreement to facilitate the development of
the Project on the Project Site; and
WHEREAS, on July 1, 2007, the City agreed to make available to
RCD approximately Eight Hundred Six Thousand Seven Hundred
Nineteen Dollars ($806,719) in additional HOME funds for financing
certain predevelopment costs of the Project; and
WHEREAS, on March 20, 2008, the CIC and the Housing Authority
entered into an Owner Participation Agreement with RCD for development
of the Project on the Project Site; and
WHEREAS, RCD formed a limited partnership, Shinsei Gardens
Apartments, L.P. (Limited Partnership), to secure affordable housing tax
credits for the Project and assigned its interests in the Project documents
to the limited partnership; and
WHEREAS, on March 25 2008, the closing of construction
financing through California Municipal Finance Authority bond proceeds
occurred; and
WHEREAS, to facilitate development of the Project on the Project
Site it is necessary for the City to convey the following easements
(Easements): nonexclusive vehicular and pedestrian access easements
from the City to the Housing Authority and the Limited Partnership, as
ground lessee, for the benefit of the Project Site over portions of the
northern two lanes of Stargell Avenue, which have been improved to the
extent necessary to facilitate use for the Project until the final street
improvements are constructed; and
WHEREAS, on May 6, 2008, following notice duly and regularly
given as required by law, the CIC, the Housing Authority Board of
Commissioners and the City Council held a joint public hearing on the
Easements and related documents, and heard all interested persons
expressing a desire to comment thereon or object thereto, and considered
the Easements; and
WHEREAS, the City Council has determined that conveying the
Easements, the City Council will further encourage the productive use and
redevelopment of underutilized former military base property.
NOW, THEREFORE BE IT RESOLVED, that the City Council
hereby approves the Easements using its own independent judgment.
BE IT FURTHER RESOLVED, that the City Council hereby
authorize the Mayor to convey the Easements, subject to any minor
conforming, technical or clarifying changes approved by the Mayor and
City Counsel. The Mayor and City Clerk are hereby further authorized and
directed to take such further actions and execute and record such
documents as are necessary to convey the Easements.
I, 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 6th day of May, 2008, by the
following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 7th day of May, 2008.
Lara Weisiger, City
City of Alameda