Ordinance 3365 CITY OF ALAMEDA ORDINANCE NO. 3365
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AND SALE AGREEMENT FOR THE 1.7 ACRES OF SURPLUS LAND
(BUILIDNG 607) WITH THE ALAMEDA FOOD BANK, EXECUTE A 12-
MONTH LICENSE WITH 6-MONTH OPTIONAL EXTENSION FOR
TEMPORARY USE OF ADJACENT PROPERTY DURING PROJECT
CONSTRUCTION, EXECUTE A LEASE FOR WINGS 8 AND 9 OF
BUILDING 2 ON WEST MIDWAY AVENUE AT ALAMEDA POINT WITH
THE ALAMEDA POINT COLLABORATIVE, AND EXECUTE
RELEASES OF THE LEGALLY BINDDING AGREEMENTS WITH THE
ALAMEDA POINT COLLABORATIVE AND ALAMEDA COUNTY
WHEREAS, the City is desirous of providing supportive housing for the City's most
vulnerable citizens; and
WHEREAS, the City is also desirous of maintaining continuity of services for
residents seeking food assistance; and
WHEREAS, the City is also desirous of ensuring that Alameda Point is ultimately
served by a new and cohesive backbone infrastructure system guided by the Master
Infrastructure Plan (MIP); and
WHEREAS, Alameda Point Collaborative, a California nonprofit public benefit
corporation ("APC"), has represented homeless interests in the reuse process for the
Alameda Naval Air Station since 1995, and has leased Building 607 in furtherance of that
goal since 1999; and
WHEREAS, Alameda Food Bank, a California nonprofit public benefit corporation
("AFB"), has provided essential assistance to the Alameda community by providing
nourishing food in a compassionate and respectful manner since 1977; and
WHEREAS, APC, AFB, and the City of Alameda have negotiated a series of
actions to facilitate and expedite: 1) the construction of new infrastructure in support of
the Historic District and occupants at Alameda Point consistent with the City Council's
March 2023 Alameda Point Disposition and Leasing Strategy, 2) the construction of
affordable housing for Alameda's most vulnerable households consistent with the
Council's July 2023 approval of the Rebuilding Existing Supportive Housing at Alameda
Point project(RESHAP) project, and 3)the provision of affordable food to Alameda's most
vulnerable communities by the Alameda Food Bank; and
WHEREAS, AFB explored moving from their current location at Building 92 in order
to expand operations. City staff determined that Building 607 was a highly suitable new
location due to its location, ability for expansion, and inclusion of a cell tower that could
provide ongoing income generation for AFB; and
WHEREAS, Building 607 and associated land are located across the street from
the Alameda Food Bank's currently-leased location in Building 92; and
WHEREAS, Building 607 and associated lands are located on AC Transit Route
96, are in close proximity to a planned network of bicycle facilities and sidewalks, and will
also be served by Alameda Transportation Management Association services and
programs consistent with and in compliance with the Alameda Point TDM Plan; and
WHEREAS, the Alameda Food Bank would like to purchase the 1.7 acres of
exempt surplus land facing Pan Am Way, which includes Building 607, an existing parking
lot and a cell tower; and
WHEREAS, the City is the fee title owner of Building 607 and associated land,
which is approximately 1.7 acres in size and is located on Pan Am Way, and is more
particularly described in Exhibit D to this Ordinance; and
WHEREAS, the Alameda Food Bank's proposed Development Plan for the 1.7-
acre site includes the rehabilitation and expansion of Building 607, reconfiguration of the
adjacent parking lot, and addition of trees, landscaping and impervious surfaces to
accommodate the Community Market and a variety of operational areas, including food
receiving, warehouse areas for dry and cold storage of food, food sorting and preparation
areas, and related volunteer and staff operational areas; and
WHEREAS, a Purchase and Sale Agreement (PSA) establishes a sales price of
$3,060,000 for the 1.7-acre property, which is based on the City's $1.8 million per acre
cost to construct all of the Master Infrastructure needed at Alameda Point; and
WHEREAS, on March 7, 2023, the City Council reviewed and approved a
Disposition and Leasing Strategy for Alameda Point, which prioritizes the sale of City-
owned land adjacent to new infrastructure and new utilities to finance new public
infrastructure at Alameda Point in the Historic District; and
WHEREAS, the Food Bank is funding their fair share of the cost for the new
infrastructure, utilities, sea level rise, and parks that are needed to support the full
development of Alameda Point; and
WHEREAS, on November 13, 2023, the Alameda Planning Board held a public
hearing at which they reviewed and unanimously approved the Food Bank's proposed
Development Plan and Use Permit for Building 607 and the 1.7-acre property on Pan Am
Way; and
WHEREAS, with City Council approval of the PSA, the Alameda Food Bank will
be able to prepare and submit architectural plans for the project and submit for Design
Review approval from the Planning Board and Certificate of Approval from the Historical
Advisory Board; and
WHEREAS, Building 607 is not a contributor to the NAS Historic District, but the
City of Alameda Mitigation Monitoring and Reporting Program for the development of
Alameda Point requires a Certificate of Approval for any new buildings constructed within
the Historic District to ensure that the new structure does not impact the character defining
features of the NAS Historic District; and
WHEREAS, there are Legally Binding Agreements (LBAs) with numerous entities
on Alameda Point, including with APC at Buildings 92 and 607; and
WHEREAS, the Base Closure Community Redevelopment and Homeless
Assistance Act of 1994 requires that reasonable accommodations be made on closing
military bases to meet the needs of the homeless. In 1995, the Alameda Reuse and
Redevelopment Authority (ARRA) recognized the Alameda County Homeless Providers
Base Conversion Collaborative (ACHPBCC) as the official organization representing
homeless interests in the reuse process for the NAS Alameda; and
WHEREAS, APC is the successor to ACHPBCC; and
WHEREAS, on July 18, 2023, the Alameda City Council approved the
Development Agreement and Disposition and Development Agreement for the Rebuilding
the Existing Supportive Housing at Alameda Point (RESHAP) property. APC, the AFB,
and the City have agreed to relocate AFB to Building 607 and surrounding areas, which
requires temporary relocation of Tenant to the Premises until the RESHAP development
is completed; and
WHEREAS, APC and City desire to temporarily relocate all homeless services
provided under the LBAs for Buildings 607 and 613 into Building 2, which is more
particularly described in Exhibit C to this Ordinance, pursuant to the terms of this new
lease agreement, until RESHAP construction is completed; and
WHEREAS, APC, in consideration for the City agreeing to lease Building 2 has
agreed to release any and all rights it may have pursuant to the Legally Binding
Agreements (LBAs) for Buildings 607 and 613; and
WHEREAS, APC has agreed to release any and all rights it may have pursuant to
the LBA for Building 92 so that the City may market for sale; and
WHEREAS, to facilitate and expedite the move across the street to the 1.7-acre
parcel, known as Lot 101, which is more particularly described in Exhibit A to this
Ordinance, and to maintain a continuity of operations for residents seeking food
assistance, the Alameda Food Bank requires temporary use of approximately 10,000
square feet of land on the vacant parcel immediately adjacent to Building 607 for up to 12
months; and
WHEREAS, Lot 101 is currently leased to the Alameda Point Collaborative at no
cost pursuant to the Legally Binding Agreements between the City and the Alameda Point
Collaborative; and
WHEREAS, as a condition of the Building 2 Lease with Alameda Point
Collaborative, Alameda Point Collaborative is releasing its interests for this property.
Once the Alameda Food Bank has terminated the short-term license, the adjacent vacant
lands between Building 114 and the Alameda Food Bank property will be available for
sale; and
WHEREAS, in connection with the approval of this Agreement, the City Council
has adopted written findings that the Property is exempt surplus land pursuant to
Government Code Section 54221(f)(1)(M); and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that:
Section 1. The foregoing recitals are true and correct, and, together with information'
provided by City staff and the public, if any, form the basis for the approvals, findings,
resolutions, and determinations set forth below.
Section 2. The City Council approves, authorizes, and directs the City Manager to execute
a 12-month License with a 6-month optional License between the City of Alameda and
Alameda Food Bank, for the approximately 10,000 square feet of unimproved land
adjacent to Building 607, subject to such technical or clarifying revisions as are
reasonably determined necessary by the City Manager and approved by the City
Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 3. The City Council approves, authorizes, and directs the City Manager to
execute a lease between the City of Alameda and Alameda Point Collaborative for Wings
8 and 9 of Building 2, subject to such technical or clarifying revisions as are reasonably
determined necessary by the City Manager and approved by the City Attorney, and the
City Clerk is hereby authorized and directed to attest to the same.
Section 4. The City Council approves, authorizes, and directs the City Manager to
execute a release and termination of lease agreement for all Legally Binding Agreements
with the Alameda Point Collaborative and Alameda County, for buildings described in
Exhibit B to this Ordinance, subject to such technical or clarifying revisions as are
reasonably determined necessary by the City Manager and approved by the City
Attorney, and the City Clerk is hereby authorized and directed to attest to the same.
Section 5. The City Council approves, authorizes, and directs the City Manager to execute
the Purchase and Sale Agreement with the Alameda Food Bank for Building 607, subject
to such technical or clarifying revisions as are reasonably determined necessary by the
City Manager and approved by the City Attorney, and the City Clerk is hereby authorized
and directed to attest to the same.
Section 6. If any section, subsection, sentence, clause or phrase of this ordinance if, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council of the City
of Alameda hereby declares that it would have passed this ordinance, and each section,
subsections, clause, or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases are declared to be invalid and
unconstitutional.
Section 7. 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.
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Presidiñ • the City Co ncil
Attest:
I m I dden, Assistant City Clerk
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 19th day of 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, 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 20th day of 2024.
jM4
dden, Assistant City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City o ey
City of Alam a