Ordinance 3400 Docusign Envelope ID: 163D03E6-2CO3-8C32-8019-EAF3D1 F36F09
CITY OF ALAMEDA ORDINANCE NO. 3400
APPROVING A PURCHASE AND SALE AGREEMENT FOR THE SALE
OF CITY-OWNED PROPERTY LOCATED AT 650 WEST RANGER
AVENUE (BUILDING 92) TO ERNST DEVELOPMENT PARTNERS, INC.,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS
WHEREAS, the City of Alameda (City) owns certain real property located at 650
West Ranger Avenue, commonly known as Building 92 (Property); and
WHEREAS, the Property is located within Alameda Point, the former Naval Air
Staton Alameda, a military base conveyed to the City by the United States Navy and
subject to reuse and redevelopment consistent with applicable plans, policies, and
agreements; and
WHEREAS, the Property is designated for adaptive reuse under the Alameda Point
Adaptive Reuse (AP-AR) zoning district, which allows for a range of commercial and
employment-generating uses within existing structures; and
WHEREAS, the City conducted a competitive Request for Proposals (RFP)
process to solicit qualified buyers for the purchase and adaptive reuse of the Property,
consistent with the City's disposition strategy for Alameda Point; and
WHEREAS, multiple proposals were received and evaluated based on criteria
including development concept, financial capacity, experience, and alignment with City
objectives; and
WHEREAS, following evaluation of proposals, the City identified Ernst
Development Partners, Inc. (Buyer) as the preferred purchaser based on its qualifications,
proposed use, financial feasibility, and consistency with the City's vision for Alameda
Point; and
WHEREAS, the City and Buyer have negotiated a Purchase and Sale Agreement
(PSA), which sets forth the terms and conditions for the sale of the Property, including,
but not limited to, purchase price, due diligence period, closing conditions, and Buyer
obligations; and
WHEREAS, the PSA requires Buyer to enter into a Public Improvement Agreement
(PIA) to address certain infrastructure and site-related improvements associated with the
Property; and
WHEREAS, the PSA provides that the Property will be conveyed in an "as-is"
condition, subject to Buyer's independent investigation and due diligence; and
Docusign Envelope ID: 163D03E6-2CO3-8C32-8019-EAF3D1 F36F09
WHEREAS, concurrent with adoption of this Ordinance, the City Council adopted
a resolution declaring the Property to be "exempt surplus land" pursuant to the California
Surplus Land Act (Government Code Section 54220 et seq.), based on findings that the
Property satisfies the statutory exemption applicable to former military bases; and
WHEREAS, the City Council finds that the proposed sale of the Property is
consistent with the City of Alameda General Plan and the Alameda Point reuse objectives,
including the adaptive reuse of existing buildings and the promotion of economic
development; and
WHEREAS, the City Council has reviewed and considered the terms of the PSA
and the proposed transaction and finds that the sale of the Property is in the best interests
of the City; and
WHEREAS, the approval of the PSA and sale of the Property has been reviewed
in accordance with the California Environmental Quality Act (CEQA) (Public Resources
Code Section 21000 et seq.) and the CEQA Guidelines (14 CCR Section 15000 et seq.).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that:
SECTION 1. Approval of Purchase and Sale Agreement.
The City Council hereby approves the Purchase and Sale Agreement between the City of
Alameda and Ernst Development Partners, Inc., in substantially the form presented to the
City Council, and authorizes the City Manager to execute the PSA and any related
documents, including the Public Improvement Agreement and escrow instructions,
subject to such minor modifications as the City Manager, in consultation with the City
Attorney, deems necessary and appropriate to carry out the intent of this Ordinance.
SECTION 2. CEQA Determination.
The City Council finds that approval of the PSA and authorization of the sale of the
Property is does not constitute a "project" as defined in CEQA Guidelines Section 15378
and therefore no further CEQA analysis is required. The transfer of ownership of the
Property from the City to Buyer does not commit the City to any particular course of action
that would have a reasonably foreseeable effect on the environment, nor would the
transfer of ownership itself have such reasonably foreseeable effect. Any future proposals
for the Property the will necessitate any permitting or other approvals by the City will be
subject to the City's standard regulatory processes and further environmental review as
applicable. Specifically, aany future development, rehabilitation, or reuse of the Property
will be subject to separate environmental review in accordance with CEQA.On a separate
and independent basis, approval of the PSA is from further CEQA review pursuant to
CEQA Guidelines Section 15061(b)(3) (the "common sense" exemption), as it can be
seen with certainty that there is no possibility that the approval of the PSA itself will have
a significant effect on the environment.
SECTION 3. General Plan Consistency.
Docusign Envelope ID: 163D03E6-2CO3-8C32-8019-EAF3D1 F36F09
The City Council finds that the proposed sale of the Property is consistent with the City of
Alameda General Plan and applicable Alameda Point reuse policies, including the
planned adaptive reuse of existing structures for commercial and employment-generating
uses.
SECTION 4. Severability.
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection, paragraph,
subparagraph and sentence notwithstanding the invalidity of any other section,
subsection, paragraph, subparagraph or sentence.
SECTION 5. Implied Repeal.
Any provision of the Alameda Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent such inconsistencies and no further, is hereby
repealed or modified to the extent necessary to effect the provisions of this Ordinance.
Section 6. Effective Date.
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.
"—Signed by:
�3i7�H N9E7H5 C
Preslcfing Officer of the City Council
Attest:
DocuSigned by:
FM&
713EOA000CC74DC
Lara Weisiger, City Clerk
City of Alameda
Docusign Envelope ID: 163D03E6-2CO3-8C32-8019-EAF3D1 F36F09
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 5th day of May 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 6th day of May 2026.
,-DocuSigned by:
(,ar'a LuSif r
�ioaro ❑owau�...
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Signed by:''I,.I,'A
032BE500412945B._
Yibin Shen, City Attorney
City of Alameda