Resolution 15336CITY OF ALAMEDA RESOLUTION NO. 15336
AUTHORIZING THE CITY MANAGER TO. EXECUTE A
COOPERATION AGREEMENT BETWEEN EDEN HOUSING, INC, A
CALIFORNIA CORPORATION, AND THE CITY OF ALAMEDA FOR
COMPLIANCE WITH THE REQUIREMENTS OF AN APPLICATION
UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE
COMMUNITIES FUNDING PROGRAM FOR THE 70 -UNIT FAMILY
AFFORDABLE HOUSING PROJECT ON BLOCK 8 WITHIN SITE A AT
ALAMEDA POINT AND FOR THE CROSS ALAMEDA TRAIL
SEGMENT ALONG RALPH APPEZZATO MEMORIAL PARKWAY
WHEREAS, the City of Alameda ("City") and the Alameda Point Partners, LLC,
("APP") entered into a Disposition and Development Agreement for Alameda Point -Site
A dated as of August 6, 2015 ("DDA"), authorized by City of Alameda Ordinance No.
3127, whereby the City agreed to convey to APP property located at the former Naval Air
Station Alameda (commonly referred to as Alameda Point) under certain terms and
conditions, including a Development Plan and an Affordable Housing Implementation
Plan; and
WHEREAS, the DDA contemplates the development of a 68 -acre area within
Alameda Point that extends generally from the Main Street entrance of Alameda Point to
the eastern edge of the Seaplane Lagoon, and includes 800 housing units, 600,000
square feet of commercial development, and extensive parks and utility infrastructure
("Site A Project"); and
WHEREAS, two hundred (200) of the residential units (25%) in the Site A Project
are required to be affordable units, including approximately one hundred thirty (130)
affordable units that will be provided in two projects on Block 8: P. family project with
approximately 70 units ("Family Project"), and a senior project with approximately 60 units
("Senior Project") and the remaining moderate -income units are expected to be provided
in a teacher housing project with Alameda Unified School District or distributed among
the market -rate units in the other buildings provided by APP; and
WHEREAS, in March 2016, APP and Eden Housing Inc. ("Eden Housing") entered
into and the City consented to a partial assignment of the DDA whereby Eden Housing
assumed the obligations to develop the Block 8 Projects under the DDA and the
Affordable Housing Implementation Plan approved as part of the DDA and the City
consented to the designation of Eden Housing as the Qualified Affordable Housing
Developer for the Block 8 Projects consistent with the DDA; and
WHEREAS, on December 8, 2017, the City executed a ground lease with Eden
Housing providing Eden Housing with direct site control over the land under the Family
Project; and
WHEREAS, Eden Housing is a highly qualified nonprofit affordable housing
developer that constructs and manages thousands of units of affordable housing
throughout the Bay Area; and
WHEREAS, Eden Housing, in coordination with APP, has expended significant
staff and financial resources securing financing sources to fund the Family Projects and
has been successful at obtaining numerous funding sources; and
WHEREAS, the State of California, the Strategic Growth Council ("SGC') and the
Department of Housing and Community Development ("HCD") issued a Notice of Funding
Availability dated October 2, 2017 ("AHSC NOFA"), under the Affordable Housing and
Sustainable Communities ("AHSC') Program established under Division 44, Part 1 of the
Public Resources Code, commencing with Section 75200; and
WHEREAS, Eden Housing is applying for AHSC Funds in response to the AHSC
NOFA to provide funding for (A) construction of the Family Project; (B) the construction
of certain sustainable transportation infrastructure ("STI Improvements"); and (C) the
construction of certain transit related amenities ("TRA Improvements"), which will be
described in more detail in the Final Application to be submitted by January 16, 2018
(collectively, "AHSC Application"); and
WHEREAS, the AHSC Application seeks an award to Eden Housing in an
aggregate amount of approximately $7.7 million in AHSC funds ("AHSC Funds")
consisting of: (A) $5.5 million of AHSC grant funds for the purpose of reimbursing the cost
of the Family -Project; (B) $1.8 million of the AHSC -grant funds for the purpose of -
reimbursing the cost of the STI Improvements; and (C) $400,000 of AHSC grant funds for
the purpose of reimbursing the cost of the TRA Improvements; and
WHEREAS, the application for the AHSC grant funds will include $500,000 for STI
Improvements and $400,000 for TRA Improvements for the City of Alameda Cross
Alameda Trail Project (CAT) between Main Street and Constitution Way ("CAT RAMP
Project"); and
WHEREAS, the City and Eden Housing are required to enter into an agreement in
order to comply with the specific AHSC Program Threshold Requirement stated in Section
106 (a) 11 (A) of the 2017 AHSC Program Guidelines dated July 17, 2017 (the
"Transportation Agency Prior Experience Threshold Requirement") which provides that
applicants may demonstrate the requisite prior experience by using the past experience
of work completed of a non -applicant so long as the applicants can provide an executed
agreement with that specific non -applicant for the completion of the related work in the
AHSC Application for which funding is sought; and
WHEREAS, the purpose of this Cooperation Agreement is to, amongst other
things, comply with the Transportation Agency Prior Experience Threshold Requirement;
and
WHEREAS, the City is a non -applicant, but, as set forth herein, will have
obligations to perform the CAT RAMP Project to meet the requirements of the STI
Improvements and TRA Improvements included in the AHSC Application (collectively, the
"City Transportation Obligations"); and
WHEREAS, the City shall be responsible for developing and constructing the City
Transportation Obligations, and for all costs and expenses related thereto, and Eden
Housing shall be responsible for constructing and developing the Family Project
"Developer Obligations"), and for all costs and expenses related thereto; and
WHEREAS, in connection with the AHSC Funds, Eden Housing is required to enter
into standard agreements, disbursement agreements, and regulatory agreements with
the State of California where Eden Housing will be liable for the full and timely
performance by the parties to complete the obligations set forth therein, including
completion of the Family Project, and completion of the STI Improvements and TRA
Improvements, as described in the AHSC Application; and
WHEREAS, the City and Eden Housing each acknowledge and agree that the
inability or failure by either party to fully and timely complete each party's respective
improvements required by the AHSC Program may affect the timing and right of the other
party to receive disbursement of AHSC Funds due the other party notwithstanding the
other party's full and timely performance of its obligations; and
WHEREAS, a Cooperation Agreement is necessary between City and Eden
Housing to comply with the Transportation Agency Prior Experience Threshold
Requirement required by the AHSC Program; and
WHEREAS, on February 4, 2014, the City of Alameda certified the Alameda Point
Final EIR in compliance with the California Environmental Quality Act (CEQA), and the
Final EIR evaluated the environmental impacts of redevelopment and reuse of the lands
at Alameda Point consistent with the Town Center Plan, which included the Family Project
on Block 8 within Site A; and
WHEREAS, in accordance with CEQA, the CAT RAMP project is Categorically
Exempt under the CEQA Guidelines Section 15301(c) Existing Facilities (Minor
alterations to existing facilities including bicycle facilities) and Section 15304 (h) Minor
Alterations to Land and the creation of bicycle lanes on existing public rights of way; and
WHEREAS, in accordance with the National Environmental Policy Act, this project
is a Categorical Exclusion under 23 Code of Federal Regulations 771.117(c): activity
(c)(3) - Construction of bicycle and pedestrian lanes, paths and facilities.
NOW, THEREFORE BE IT RESOLVED that the City Council, having
independently considered whether changes in the project, changes in circumstances, or
new information would require major revisions to the EIR, finds that no subsequent or
supplemental EIR is required before approval of the Cooperation Agreement; and
BE IT FURTHER RESOLVED, that the City Council hereby approved the
Cooperation Agreement and authorizes the City Manager to execute the Cooperation
Agreement between the City and Eden Housing in substantial conformance with the
attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager
or his designee to make minor amendments as necessary to the Cooperation Agreement
as part of the final submittal of the AHSC Application by January 16, 2018.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled
on the 19th day of December, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 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 201h day of December 2017.
Lara Weisiger, Cit Clrk
City of Alameda
Approved as to form:
Janet , Q. Xern, City Attorney
City otAlameda