Ordinance 3214CITY OF ALAMEDA ORDINANCE NO. 3214
New Series
AUTHORIZING THE ACTING CITY MANAGER TO: (1) GRANT AN
APPROXIMATELY .67 -ACRE EASEMENT TO CP VI ADMIRALS
COVE, LLC, A DELAWARE LIMITED LIABILITY COMPANY
("CARMEL") FOR SOFTSCAPE IMPROVEMENTS WITHIN AN
APPROXIMATELY 5.3 -ACRE ROADWAY DEDICATION IN THE
NORTH HOUSING SITE (GENERALLY BOUNDED BY MAIN STREET,
SINGLETON AVENUE, MOSLEY AVENUE AND BETTE STREET) IN
EXCHANGE FOR FEE TITLE TO APPROXIMATELY .29 -ACRE
PARCEL FROM CARMEL NEEDED TO COMPLETE THE SINGLETON
AVENUE EXTENSION; AND (II) 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, in February 2017, the federal General Services Administration
("GSA"), conducted a public auction for the Carmel Parcel and CP VI Admirals Cove, LLC
was the successful bidder; and
WHEREAS, 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, Carmel proposes to renovate 146 existing units on the Carmel Parcel;
F -Ke
the 2009 Amended NAS Alameda Community Reuse Plan ("Reuse
Plan") for the North Housing Site contemplated that the units would be demolished (rather
than renovated) and new units would be constructed; thus triggering infrastructure
obligations, including new streets built to City standards; and
WHEREAS, in 2012 the City entered into a Legally Binding Agreement ("LBA")
with the Housing Authority, Alameda Point Collaborative and Building Futures with
Women and Children regarding disposition and use of the Housing Authority Parcel; and
WHERAS, Carmel's renovation of existing improvements do not trigger the same
infrastructure obligations that would be required by new construction; and
WHEREAS, Carmel desired to enter into a Memorandum of Understanding
("MOU") prior to taking title to the Carmel Parcel to spell out Carmel's infrastructure
obligations and responsibilities under the Reuse Plan; and
WHEREAS, on January 2, 2017, the City Council authorized the City Manager to
negotiate and execute an MOU with Carmel for construction of infrastructure, to support
the North Housing Site, pursuant to the Reuse Plan; and
WHEREAS, the MOU was fully executed on March 30, 2018; and
WHEREAS, the Roadway Parcel from the Navy to the City provides enough land
for Singleton and Mosley Avenues to be rebuilt to City standards should the Carmel Parcel
be redeveloped with new residential units in the future; and
WHEREAS, the existing Mosley and Singleton Avenues are narrower than the
width of the Roadway Parcel and there are existing softscape improvements
(landscaping, yard areas, etc.) that will be on City property following the Roadway Parcel
conveyance from the Navy; and
WHEREAS, Carmel desires to, that the existing softscape improvements remain
as an amenity for its residents; and
WHEREAS, the MOU states that City staff will request that the City Council adopt
an ordinance granting a .67 -acre easement to Carmel within the Roadway Parcel so that
the softscape improvements can remain in place and be maintained at Carmel's expense
and in exchange Carmel has agreed to convey fee title to approximately .29 acres of land
in the southeast corner of its property for the Singleton Avenue extension; and
WHEREAS, pursuant to the terms of the MOU, Carmel will construct the Singleton
Avenue extension on this land; 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) grant
an approximately .67 -acre easement to CP VI Admirals Cove, LLC, a Delaware limited
liability company ("CARMEL") for softscape improvements within a 5.3 -acre roadway
dedication in the North Housing Site (generally bounded by Main Street, Singleton
Avenue, Mosley Avenue and Bette Street) in exchange for fee title to approximately .29 -
acre parcel from Carmel needed to complete the Singleton Avenue extension; and (ii)
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.
L22
Mayor of the Ci y pf Ala eda
Attest:
Lara Weisiger, City C*rk
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
J u n e, 2018, 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 6th day of June, 2018.
fl-t('rA
Lara Weisiger(oity Clerk
City of Alameda
Janet C. , City Attorne�
City of Alc6eda