Ordinance 2879 and Staff ReportE
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CITY OF ALAMEDA ORDINANCE NO. 2879
New Series
APPROVING AND AUTHORIZING THE SALE OF CITY OWNED PROPERTY
LOCATED AT 2834 ADAMS STREET, ALAMEDA, CALIFORNIA, AND
WAIVING THE THIRTY (30) DAY DELAY IN EFFECTIVE DATE
PURSUANT TO CHARTER SECTION 3 -12
WHEREAS, in a 1992 court approved Judgment of Distribution and pursuant to the 1990
Will of Margaret Howard- LaVoie, real property at 2834 Adams Street in Alameda, California
was devised to Avis and Roger Jones in the form of a life estate; and
WHEREAS, pursuant to the 1992 Judgment and the 1990 Will, upon the death of
departure of Avis and Roger Jones from the residence at 2834 Adams Street, the property would
be distributed to the City of Alameda to be used for a senior citizen program; and
WHEREAS, Ordinance No. 2860, adopted by the City Council on July 17, 2001,
authorized acquisition by Quitclaim Deed that real property located at 2834 Adams Street,
Alameda, California; and
WHEREAS, it is in the City's best interest that the currently vacant property, which is in
need of foundation and termite repair, be sold, repaired and occupied, and that the proceeds from
the sale be placed in a trust account for senior citizen programs; and
WHEREAS, after listing the property and conducting two weekend open houses, the City
has received a purchase offer from Anthony P. Appleby and Joseph A Landry to purchase the
property located at 2834 Adams Street on an "as is" basis; and
WHEREAS, the buyer's offer is contingent on their loan approval through a commercial
lending institution at a certain interest rate, which loan approval shall expire within thirty days;
WHEREAS, Section 3 -10 of the City Charter requires the affirmative vote of four
members of the City Council and the adoption of an Ordinance in order to authorize a sale of real
property; and.
WHEREAS, pursuant to section 3 -12 of the City Charter, Council may, with a finding of
necessity and four votes of Council, waive the thirty (30) day delay in effective date of the
Ordinance; and
WHEREAS, in order to close escrow on this property within 30 days and avoid triggering
the contingency and loss of the loan, it is necessary to waive the thirty (30) day delay in effective
date pursuant to Charter Section 3 -12.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda, upon
the affirmative vote of four members of the Council that:
Section 1. That the City of Alameda convey unto buyers Anthony P. Appleby and Joseph
A Landry, all that certain property known as 2834 Adams Street, Alameda, California.
Section 2. That the proceeds from the sale of the property will be placed in a trust
account established for a senior citizen program in compliance with the 1992 Court Judgment.
Section 3. That the City Manager or his designee is hereby authorized and directed to
execute, for and behalf of the City of Alameda, a deed conveying said real property to Anthony
P. Appleby and Joseph A Landry, and the City Clerk is directed to attest to the same.
Section 4. Pursuant section 3 -12 of the City Charter and the finding of necessity stated
above, this ordinance shall be in full force and effect immediately following the day of its final
passage.
Attest:
kaara W 'Sl
City Clerk
Pres
tv Council
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 2nd
day of April, 2002 by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, and Mayor Appezzato - 4.
NOES: None.
ABSENT: Councilmember Johnson - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
3rd day of April, 2002.
Gck,f,r
, .
L ara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
Memorandum
Date: March 12, 2002
TO: Honorable Mayor and
Councilmembers
FROM: James M. Flin
City Manager
SUBJECT: Introduction of an Ordinance Approving and Authorizing the
Sale of City Owned Property at 2834 Adams Street, Alameda,
California, and Waiving the 30 Day Delay in Effective Date
Pursuant to Charter Section 3 -12 (Requires 4 Affirmative Votes)
BACKGROUND
At its meeting of July 17, 2001, the City Council adopted an ordinance approving the acquisition
a single family home located at 2834 Adams Street, Alameda, CA. This property was
bequeathed to the City of Alameda by Margaret Howard -La Voie based upon a 1992 court
approved Judgement of Distribution to be used for a senior citizen program.
Due to the age of the building and the extensive renovation work required to bring the property
to current building standards, it was recommended that the property be sold in "as is" condition
and that the proceeds from the sale be placed in a trust account for senior citizen programs.
Request for Proposals for the sale of the property were solicited in November 2001. Kane &
Associates were selected as the real estate broker for the sale of the property based upon their
business qualifications, sales commission fee and marketing plan.
DISCUSSION & ANALYSIS
The listing price of the property is $309,000. A property inspection was conducted by Inspection
Pro's, Inc. and described property improvements at an estimated cost of more than $35,000. The
primary improvements recommended include the replacement of the brick foundation for
$22,500 and repairs for termite and damaged woodwork for $11,100. Two weekend open houses
were held in February with a large number of people viewing the property. Four (4) offers were
received to purchase the house. One offer was withdrawn after reviewing the property
inspection report, and two offers were submitted at lower purchase prices.
Dedicated to Excellence, Committed to Service
Re: Intro of Ordinance #4 -G CC
3 -19 -02
Honorable Mayor and Councilmembers
Page 2
March 12, 2002
The purchase offer for the house in "as is" condition in the amount of $285,000 has been
accepted from Anthony Appleby and Joseph Landry. The buyers have been approved by the
lending institution for the real estate purchase of $285,000. The completion of the sale will be
effective upon the recordation of the deed of trust after the final adoption of the Ordinance
approving the sale of property by the Council.
It is recommended that the Council introduce the Ordinance on March 19, 2002 and adopt the
Ordinance on April 2, 2002 to be effective immediately. Pursuant to Charter Sec. 3 -12, the
ordinance may become effective immediately upon final passage with 4 votes so long as the
ordinance is enacted in the event of great emergency or necessity because there is the imminent
possibility that the interest rates will increase, the lending institution will only guarantee the
current high bidder's loan for thirty (30) days, the City has received only four offers after the
house was shown to a large number of prospective purchasers, and the house requires repairs
estimated at more than $35,000. This will preserve the current interest rate for the financing of
the loan for the property and insure the sale of the property.
FISCAL IMPACT
The proceeds from the sale of the property will be placed in a trust account established for a
senior citizen program in compliance with the Court Judgement. There will be no cost impact to
the General Fund. The estimated proceed from the sale to the City of Alameda is $267,000.
RECOMMENDATION
The City Manager recommends that the City Council introduce an Ordinance approving and
authorizing the sale of City owned property located at 2834 Adams Street, Alameda, California,
and waiving the 30 day delay in effective date pursuant to Charter Section 3 -12 (requires 4
affirmative votes).
so /citycounci ladamsstsale31902
Respectfully submitted,
Suza
ta, Director
Rec = ation and Park Department
Dedicated to Excellence, Committed to Service