Resolution 16361 CITY OF ALAMEDA RESOLUTION NO. 16361
DECLARING FOURTEEN CITY-OWNED PROPERTIES AT ALAMEDA POINT
INCLUDING BUILDINGS 2, 3, 4, 16, 18, 19, 20, 21, 22, 41, 77, 94, 115, AND
130 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; or within the Lake Tahoe region as defined in Section 66905.5. However,
the City Properties are listed on, or determined by the State Office of Historic Preservation to be
eligible for, the National Register of Historic Places. As such, consistent with subdivision (b) of
Section 54222, City staff has provided a written notice of availability for open-space purposes to
the following:
(1) To any park or recreation department of any city within which the surplus land is
located.
(2) To any park or recreation department of the county within which the surplus land is
located.
(3) To any regional park authority having jurisdiction within the area in which the surplus
land is located.
(4) To the Natural Resources Agency or any agency that may succeed to its powers.
No entities responded to the notice of availability for open-space purposes.
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; and
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; and
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; 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 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; 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.
* * * * *
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
3rd day of February 2026 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 4th day of February 2026.
[--(XA/Ct.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, City Attprp y
City of Alameda