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Resolution 14480CITY OF ALAMEDA RESOLUTION NO. 14480 AUTHORIZING THE SALE OF 2216 LINCOLN AVENUE, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ALAMEDA AND COMMUNITY IMPROVEMENT COMMISSION, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS WHEREAS, the City of Alameda ( "City ") currently owns in fee that certain real property commonly known as 2216 Lincoln Avenue ( "Property "); and WHEREAS, the Community Redevelopment Law (Health & Safety Code, Sec. 33000 et seq.) at Section 33220 authorizes the City, on the terms it determines, to sell or convey any of its property to the Community Improvement Commission ( "Commission ") for the purpose of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects; and WHEREAS, Section 33391 of the Health & Safety Code authorizes the Commission to purchase real property; and WHEREAS, Section 33334.2 of the Health & Safety Code requires that not Tess than twenty percent of all taxes allocated from a redevelopment project area are to be used by the Commission for the purpose of increasing, improving and preserving the community's supply of low- and moderate - income housing available at affordable housing cost; and WHEREAS, Section 33334.2(g) of the Health & Safety Code authorizes the Commission to use the allocation of tax from a redevelopment project area outside the project area if a finding is made by resolution of the Commission and City Council that such use will be of benefit to the Project; and WHEREAS, the Commission by Resolution No. 03 -112 and the City Council by Resolution No. 13578 found that use of taxes allocated from the Business and Waterfront Improvement Project Area for the purpose of increasing, improving and preserving the community's supply of low- and moderate - income housing available at affordable housing cost outside the project area will be of benefit to the project; and WHEREAS, Section 33396 of the Health & Safety Code authorizes the Commission at the request of City Council to accept a conveyance of real property, located either within or outside a survey area, owned by a public entity and declared surplus by the public entity; and WHEREAS, the Commission seeks to purchase the Property to expand the supply of affordable housing through the creation of up to 19 units of very -low and low- income housing in partnership with the Housing Authority; and WHEREAS, after acquisition of the Property, the Commission will convey the Property to the Housing Authority; and WHEREAS, conveyance of the Property and development of up to 19 units of housing affordable to very low- and low- income households is exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15332 (In -fill Development Projects) based on the following findings: 1. The proposed development is consistent with the existing general plan and zoning. The site is zoned R -5 and has a General Plan designation of Medium Density Residential. 2. The proposed development occurs within City limits and is on a project site of no more than five acres substantially surrounded by urban uses. 3. The project site has no value as habitat for endangered, rare or threatened species. It is currently developed as surface parking and there is no substantial vegetation on the site and the site is not expected to be used by endangered or threatened species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 5. The site can be adequately served by all required utilities and public services. It is not expected that the development of up to 19 residential units would result in a significant impact or undue burden upon the water supply and distribution system, sanitary sewer system, solid waste disposal system, storm drainage system, or gas and electrical services. 6. No exception, found at CEQA Guidelines Sec. 15300.2, to the in -fill exemption of Sec. 15332 is applicable: There is no evidence that the cumulative impact of successive projects of the same type in the same place over time is significant, there is no reasonable possibility that the activity wilt have a significant effect on the environment due to unusual circumstances, the Property is not included on a hazardous waste site list, and there are no historical resources on the Property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council finds the Property surplus and authorizes the sale of the Property to the Community Improvement Commission. 2. The Council authorizes the Interim City Manager to execute Agreement of Purchase and Sate for the sate of the Property by the City to the Commission for the sum of $735,000, without material change, as well as to take such other actions and execute such other documents as may be necessary to accomplish the sale of the Property in accordance with this Resolution. 3. The Council directs staff to file a Notice of Exemption with the County Clerk of Alameda County and the state Office of Planning and Research within five working days. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Special Joint Meeting of the Alameda City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission Meeting held on the 27th day of July, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 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 28th day of July, 2010. Lara Weisiger, City City of Alameda