Resolution 15481CITY OF ALAMEDA RESOLUTION NO 15481
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
COOPERATION AGREEMENT AND ANY AMENDMENTS THERETO
BETWEEN EDEN HOUSING, INC., A CALIFORNIA CORPORATION,
AND THE CITY OF ALAMEDA FOR COMPLIANCE WITH THE
REQUIREMENTS OF A GRANT APPLICATION UNDER THE
AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES
FUNDING PROGRAM FOR: A) THE 70-UNIT FAMILY AFFORDABLE
HOUSING PROJECT ON BLOCK 8 WITHIN SITE A AT ALAMEDA
POINT AND B) TRANSPORTATION PROJECTS (A SEGMENT OF
MAIN STREET BETWEEN PACIFIC AND ATLANTIC AVENUES, AND
LIGHTING ALONG THE CROSS-ALAMEDA TRAIL)
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 ("DON'), 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: a 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 joint development 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 incorporated into 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 Project 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 November 1, 2018 ("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 February 11, 2019
(collectively, "AHSC Application"); and
WHEREAS, the AHSC Application seeks an award to Eden Housing in an
aggregate amount not to exceed $16.2 million in AHSC funds ("AHSC Funds") consisting
of: (A) approximately $11.3 million of AHSC grant funds for the purpose of reimbursing
the cost of the Family Project; (B) a p p r o x i m a t e I y $ 5.0 million of the AHSC grant
funds for the purpose of reimbursing the cost of the STI Improvements and TRA
Improvements including TRA Improvements to be implemented by AC Transit; and
WHEREAS, the application for the AHSC grant funds will include approximately
$3,500,000 for STI Improvements and TRA Improvements to be installed by the City,
which improvements could include approximately $950,000 for lighting on the Cross
Alameda Trail Project between Main and Webster Streets ("CAT RAMP") and $2,700,000
for Main Street Pathway Upgrades, Intersection Improvements and potentially a new
sidewalk on the east side of the street; 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
1 06(a)12(A) of the 2018 AHSC Program Guidelines dated October 29, 2018 (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, among 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 complete 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, Eden intends to obtain funding for the Family Project from a variety
of sources including a conventional lender and a tax credit investor, both of whom may
require amendments to the Cooperation Agreement to require assurances regarding the
completion of the City Transportation Obligations; and
WHEREAS, responding to the lender and investor requirements will require the
City to be able to address amendments in a timely manner in order to meet funding
deadlines for the Family Project; 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), the
Main Street transportation project is Categorically Exempt under CEQA Guidelines
Section 15304(h) (Minor Alterations to Land and the Creation of bicycle lanes on existing
public rights of way), and the Central Avenue 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 approves the
Cooperation Agreement and authorizes the Interim City Manager to execute the
Cooperation Agreement as well as any amendments to the Cooperation Agreement
necessary to comply with Eden Housing's lender or investor requirements and to execute
any other documents in furtherance of the goals and objectives of 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 Interim 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 February 11, 2019.
*****
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 15th day of January 2019, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-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 16th day of January, 2019.
Approved as to form:
Michael H. Roush, Interim City Attorney
City of Alameda
City of Alameda