Resolution 16288 CITY OF ALAMEDA RESOLUTION NO. 16288
DECLARING THE CITY-OWNED PROPERTY AT ALAMEDA POINT
BOUNDED BY WEST PACIFIC AVENUE, CENTRAL AVENUE, WEST
TICONGEROGA AVENUE AND CURRENT AND FUTURE ORION STREET
TO BE EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT
WHEREAS, prior to taking any action to dispose of (i.e., sell, option to lease, or lease for
a term of five years or more) land owned by a local agency, the Surplus Land Act (California
Government Code Sections 54220 et seq.) ("SLA"), requires the local agency to follow prescribed
notification and negotiation procedures intended to encourage housing development, including
affordable housing; and
WHEREAS, the SLA's notification and negotiation procedures do not apply to the local
agency's disposal of land that qualifies as "exempt surplus land" as set forth in the SLA; and
WHEREAS, prior to taking any action to dispose of land, Government Code Section
54221(b)(1) requires the local agency to declare the land "surplus land" or"exempt surplus land"
as supported by written findings; and
WHEREAS, Government Code Section 54221(b)(1) defines"surplus land" as "land owned
in fee simple by any local agency for which the local agency's governing body takes formal action
in a regular public meeting declaring that the land is surplus and is not necessary for the agency's
use"; and
WHEREAS, the City of Alameda (the "City") is the owner of the real property more
particularly described in the attached Exhibit A, located in the City of Alameda (the"City Property")
which includes approximately 21 acres of vacant land including portions of Assessor's Parcel
Numbers (APNs) 74-1369-16-1, 74-1369-16-2, 74-1369-16-3,74-1369-16-4, 74-1369-16-5, 74-
1369-17-1, 74-1369-17-2, 74-1369-18, 74-1369-19-1, 74-1369-19-2, 74-1369-19-3; and
WHEREAS, a proposal for the City Property includes the planned development of a
Research and Development Campus consisting of a first phase on 13.033 acres, with an option
for the developer to purchase and build a second phase provided negotiation of an additional
option to purchase the remainder of the City Property; and
WHEREAS, Government Code Section 54221(f)(1)(M)sets forth an SLA exemption which
defines "exempt surplus land" as "Surplus land that is a former military base that was conveyed
by the federal government to a local agency, and is subject to Article 8 (commencing with Section
33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that
all of the following conditions are met:
(i) The former military base has an aggregate area greater than five acres, is expected to
include a mix of residential and nonresidential uses and is expected to include no fewer than
1,400 residential units upon completion of development or redevelopment of the former military
base.
(ii) The affordability requirements for residential units shall be governed by a settlement
agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial
1,400 residential units developed shall be restricted to lower income households, as defined in
Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable
rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of
55 years for rental housing and 45 years for ownership housing.
(iii) Prior to disposition of the surplus land, the agency adopts written findings that the land
is exempt surplus land pursuant to this subparagraph.
(iv) Prior to the disposition of the surplus land, the recipient has negotiated a project labor
agreement consistent with the local agency's project stabilization agreement resolution, as
adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of
the length of the agreement between the local agency and the recipient.
(v) The agency includes in the annual report required by paragraph (2) of subdivision (a)
of Section 65400 the status of development of residential units on the former military base,
including the total number of residential units that have been permitted and what percentage of
those residential units are restricted for persons and families of low or moderate income, as
defined in Section 50093 of the Health and Safety Code, or lower income households, as defined
in Section 50079.5 of the Health and Safety Code."; and
WHEREAS, the City Property satisfies all the conditions set forth in Government Code
Section 54221(f)(1)(M) as follows:
(i) The City Property is located on the former Alameda Naval Air Station ("Alameda
NAS"), which has an aggregate area greater than five acres, and is expected to
include a mix of residential and nonresidential uses, and is expected to include no
fewer than 1,400 residential units upon completion of development or
redevelopment on the Alameda NAS;
(ii) The City Property was conveyed to the City by the United States Department of
the Navy pursuant to that certain Memorandum of Agreement for the Conveyance
of Portions of the Alameda Naval Air Station dated June 6, 2000.
(iii) The City Property is located on the former Alameda NAS and is subject to Article
8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of
the Health and Safety Code.
(iv) The affordability requirements for residential units on the Alameda NAS are
governed by a settlement agreement entered into on March 20, 2001 (the
Renewed Hope Settlement Agreement) which agreement restricts (a) 10% of all.
residential units development on Alameda NAS to lower income households, as
defined in Health and Safety Code Section 50079.5 with an affordable sales price
or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and
Safety Code, for a minimum of 55 years for rental housing and 45 years for
ownership housing and (b) 15 percent of all residential units developed on
Alameda NAS in accordance with Health and Safety Code Section 33413(b)(2).
(v) The City has granted approvals for developments and has agreements with the
developers of those developments that contemplate the development of 2,082
residential units on Alameda NAS, 632 or 30% of which units are required to be
occupied by lower income households as defined in Health and Safety Code
Section 50079.5 at affordable rents, as defined in Sections 50052.5 and 50053 of
the Health and Safety Code for a minimum of 55 years and of the initial 1,400
residential units expected to be constructed on Alameda NAS at least 25% are
required to be occupied by lower income households as defined in Health and
Safety Code Section 50079.5 at affordable rents as defined in Sections 50052.5
and 50053 of the Health and Safety Code for a minimum of 55 years;
(vi) Upon the City Council's adoption of this Resolution, the City will have adopted
written findings that the land is exempt surplus land pursuant to this Government
Code Section 54221(f)(1)(M);
(vii) The City's project stabilization resolution adopted February 2, 2021 requires that
a project stabilization agreement must be negotiated for a construction project that
includes a parcel sold or conveyed by the City where the City and the applicant,
owner or developer are entering into a development agreement ("DA"), disposition
and development agreement ("DDA") or other agreement required by the DA or
DDA ("Ancillary Agreement") and the estimated total project cost as contemplated
in the DA, DDA or Ancillary Agreement exceeds $5,000,000. The City and
Developer intend to enter into a DA for the Research and Development Campus,
and the total project cost will exceed $5,000,000. Therefore, prior to exercising the
option to purchase the City Property, the developer will negotiate in good faith and
enter into a project labor agreement consistent with the City's project stabilization
resolution, complying with the requirements of 54221(f)(1)(M);
(viii) The City does and shall continue to include, in its annual report required by
paragraph (2) of subdivision (a) of Section 65400 of the Government Code, the
status of development of residential units on the Alameda NAS, including the total
number of residential units that have been permitted and what percentage of those
residential units are restricted for persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code or lower income
households, as defined in Section 50079.5 of the Health and Safety Code; and
WHEREAS, the prospective dispositions covered by this Resolution are subject to
separate review and consideration by the City and are not considered final or approved unless or
until the City Council is presented with, and affirmatively approves pursuant to the requirements
of the Alameda City Charter, a separate hearing item or items for the disposition that includes
review, evaluation and clearances under all applicable City policies, procedures, ordinances and
laws and the requirements of all other applicable local, state and federal laws including, without
limitation, the California Environmental Quality Act; and
WHEREAS, Government Code Section 54221(f)(2) states that "Notwithstanding
paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be
sent to the entities described in subdivision (b) of Section 54222 before disposing of the surplus
land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land
is any of the following:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System.
(C) Listed on, or determined by the State Office of Historic Preservation to be eligible for,
the National Register of Historic Places.
(D) Within the Lake Tahoe region as defined in Section 66905.5."; and
WHEREAS, the City Property is not within a coastal zone; adjacent to a historical unit of
the State Parks System; listed on, or determined by the State Office of Historic Preservation to
be eligible for, the National Register of Historic Places; or within the Lake Tahoe region as defined
in Section 66905.5.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND FOUND, by the Council of
the City of Alameda that the foregoing recitals are true and correct, together with information
provided by City staff and the public, if any, form the basis for approvals, findings, resolutions and
determinations set forth below; and
BE IT FURTHER RESOLVED, DETERMINED AND FOUND that the City Property is
hereby declared "exempt surplus land" based on the findings that all the conditions set forth in
Government Code Section 54221(f)(1)(M) have been satisfied; and
BE IT FURTHER RESOLVED, DETERMINED AND FOUND City staff and consultants are
authorized and directed to proceed with the steps necessary or appropriate to effect the purchase
option for the City Property in accordance with law and the terms of this Resolution, provided such
purchase option shall require that as a condition of conveyance of the City Property the purchaser
shall prior to the conveyance have entered into a project labor agreement consistent with the
City's Project Stabilization Resolution. The City Council shall be responsible for approval or
disapproval of the purchase option under a separate Ordinance; and
BE IT FURTHER RESOLVED that the City Council directs the City Manager to submit a
copy of this Resolution to the California Housing and Community Development Department
("HCD") for HCD's review and approval in accordance with the Section 400(e) of the SLA
Guidelines and HCD's Guide to Exemptions for the Standard Surplus Land Act Process. Final
disposition of the City Property shall not occur until at least 30 days after City staff submit a copy
of this Resolution to HCD; and
BE IT FURTHER RESOLVED that this Resolution has been reviewed in accordance with
the requirements of the California Environmental Quality Act (California Public Resources Code
Section 21000 et seq., and Title 14 of the California Code of Regulations Section 15000 et seq.
("CEQA" and the"CEQA Guidelines" respectively)). The City has determined that the designation
of the City Property as"Exempt Surplus Land"does not have the potential for causing a significant
effect on the environment and is, therefore, exempt from review under CEQA Section 21080 and
CEQA Guidelines Section 15060(c)(3) because it is not a project as defined in CEQA section
21065 and CEQA Guidelines section 15378. Moreover, adoption of this Resolution by the City
Council does not have the potential to result in either a direct physical change or a reasonably
foreseeable indirect physical change in the environment. If or when the City Property is disposed
of for use as a Research and Development Campus, that future use and the associated
discretionary permit(s) will be reviewed and analyzed in accordance with the requirements of
CEQA and the CEQA Guidelines; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take such
further actions which they may deem reasonably necessary and proper to effectuate the
purposes of this Resolution.
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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 17th day of June 2025 by the following vote to wit:
AYES: Councilmembers Boller, Jensen, Pryor and Mayor Ezzy
Ashcraft—4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 18th day of June 2025.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS T FORM:
Yibin e , ity Attorney
City o ameda