Resolution 16321A CITY OF ALAMEDA RESOLUTION NO. 16321A
DECLARING FIVE PROJECT SITES OF CITY-OWNED PROPERTY
AT ALAMEDA POINT INCLUDING BUILDING 525, BUILDING 166,
BUILDING 12, THE SOUTHERN ENTERPRISE DISTRICT
PROPERTY, A BLOCK BOUNDED BY SARATOGA STREET, WEST
ESSEX DRIVE, TODD STREET, AND WEST MIDWAY AVENUE AS
WELL AS THE WESTERN PORTION OF A BLOCK BOUNDED BY
SARATOGA STREET, WEST MIDWAY AVENUE, PAN AM WAY, AND
WEST RANGER AVENUE 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, Government Code Section 54222 states in part: "Except as provided
in Division 23 (commencing with Section 33000) of the Public Resources Code, any local
agency disposing of surplus land, declared pursuant to subdivision (b) of Section 54221,
shall send, before disposing of that property or participating in negotiations to dispose of
that property with a prospective transferee, a written notice of availability of the
property... ."; and
WHEREAS, in an effort to ensure maximum compliance with the SLA and to
promote full public transparency, City of Alameda (the "City") takes this action to declare
certain properties as exempt surplus land prior to entering into negotiations with a
prospective transferee, with the understanding that this declaration may be further
modified and/or enhanced based on the specifics of a finally negotiated project; and
WHEREAS, the City is the owner of the real properties more particularly, as more
particularly described in Attachment 1 (the "Properties"); 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 City requires the recipient to
negotiate 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 Properties satisfy all the conditions set forth in Government Code
Section 54221(f)(1)(M) as follows:
(i) The Properties are 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 Properties were 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 Properties are located on the former Alameda NAS and are 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) As a condition of the conveyance of, and prior to the disposition of any of
the Properties, the City will require that the recipient to negotiate a project
labor agreement consistent with the City'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
City and the recipient of any of the Properties;
(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 Properties are 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 Properties
are 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 disposition of these Properties in accordance with law and the
terms of this Resolution, provided any such disposition shall require that as a condition of
conveyance of any of the Properties the recipient shall prior to the conveyance have
complied with the City's Project Stabilization Resolution. The City Council shall be
responsible for approval or disapproval of the disposition under a separate Ordinance.
BE IT FURTHER RESOLVED that the City Council directs the City Manager to
submit a copy of this Resolution to HCD for 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 any of the Properties shall not occur until
at least 30 days after City staff submit a copy of this Resolution to HCD.
BE IT FURTHER RESOLVED that the City reserves the right to revise and
enhance its SLA determinations, including but not limited to adoption of subsequent SLA
resolutions by the City Council, with respect to any and all specific Properties in advance
of preliminary negotiations with prospective transferees of those specific Properties,
actual disposition of those specific Properties, or any other actions with respect to those
specific Properties.
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 Properties 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
Properties are disposed of, 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.
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.
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 7th day of October 2025 by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor 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 8th day of October 2025.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
i
Yibin Shen, Cityttorney
City of Alameda