Resolution 14672CITY OF ALAMEDA RESOLUTION NO. 14672
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A FINAL NAVAL AIR STATION ALAMEDA EXCHANGE
AGREEMENT BETWEEN THE CITY OF ALAMEDA AND THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS
COMMISSION, IN SUBSTANTIAL CONFORMANCE WITH THE PROPOSED
NAVAL AIR STATION ALAMEDA EXCHANGE AGREEMENT
WHEREAS, upon its admission to the Union on September 9, 1850,
the State of California received in trust for purposes of commerce, navigation
and fisheries (Public Trust), all right, title, and interest in tide and submerged
lands (Tidelands) within its boundaries up to the ordinary high water mark; and
WHEREAS, the Public Trust generally limits the allowable uses on
Tidelands (whether filled or unfilled) to uses that further the purposes of the
Trust, including maritime - related uses, water - oriented recreation, visitor - serving
facilities, habitat preservation, and scientific study; and
WHEREAS, the California Constitution forbids the sale of Public Trust
lands into private ownership; and
WHEREAS, in 1913, the State granted to the City of Alameda all of the
State's sovereign right, title and interest in Tidelands within the boundaries of the
City subject to the Public Trust and the terms and conditions specified in Chapter
348, Statutes of 1913 (as amended, the Granting Act); and
WHEREAS, the Granting Act has been amended four times since
enactment in 1913; and
WHEREAS, in 1917, the Granting Act was amended to authorize the
transfer of some or all of the granted Tidelands to the United States government.
Beginning in 1930, the City transferred a portion of the granted Tidelands to the
United States Navy (Navy) for purposes of constructing and operating what came
to be known as the Naval Air Station Alameda (NAS Alameda). The Navy
acquired certain other portions of the granted Tidelands, as well as certain
adjacent privately -owned Tidelands, through condemnation. In furtherance of its
plan for development of a naval air station, the Navy filled and reclaimed most of
the Tidelands it acquired. The Navy also acquired lands for NAS Alameda that
were historically uplands. In addition, a portion of the NAS Alameda property is
comprised of granted Tidelands that have remained under City ownership and
were formerly leased to the Navy; and
WHEREAS, in 1993, the Defense Base Closure and Realignment
Commission recommended closure of NAS Alameda under the Defense Base
Closure and Realignment Act of 1990. NAS Alameda closed operationally in
1997 and a portion of the property that comprised the former NAS Alameda was
declared surplus and made available for disposal; and
WHEREAS, a majority of the lands at NAS Alameda to be received by the
City of Alameda will be subject to the Public Trust; and
WHEREAS, in recognition of the closure and proposed disposal of NAS
Alameda, the California Legislature enacted Chapter 734 of the Statutes of
2000, the Naval Air Station Alameda Public Trust Exchange Act (as amended,
the Exchange Act) to facilitate the productive reuse of the NAS Alameda
property and to promote economic development and enhance water - related
recreational opportunities in a manner that will further the purposes of the
Public Trust. The Exchange Act approved and authorized the State Lands
Commission (Commission) to carry out a public trust exchange resulting in a
configuration of Public Trust lands substantially similar to that shown on the
diagram of Section 11 of the Act, subject to the terms of the Act. The Exchange
Act also amended the Granting Act to authorize transfers of granted lands
within the NAS Alameda property to the Alameda Reuse and Redevelopment
Authority (ARRA) and between the ARRA and the City, and to allow the ARRA
or City to act as the public trust administrator for any granted lands held by the
ARRA or City; and
WHEREAS, the Exchange Act requires the Commission to establish
appropriate procedures and conditions for an exchange, including procedures
for completing the exchange in phases, and certain conditions relating to
streets, other transportation facilities, and public access. The Exchange Act
further requires that, before the Commission approves the exchange, it must
make certain findings. The proposed NAS Alameda Exchange Agreement
(Agreement) sets forth the procedures, terms and conditions governing the
exchange and makes the required findings in accordance with the Exchange
Act; and
WHEREAS, the execution of the Agreement is a crucial step in facilitating
the future development of the NAS Alameda property and because of the
limitations on use and alienability of those portions of the NAS Alameda property
that are subject to the Public Trust, the cohesive and orderly development of the
NAS Alameda property cannot occur without implementing this public trust
exchange; and
WHEREAS, the Agreement authorizes an exchange of lands that will
impress the Public Trust on certain lands within the NAS Alameda property (Trust
Addition Lands) and will terminate the Public Trust from other lands within the
NAS Alameda property (Trust Termination Lands) consistent with the Exchange
Act. There are also lands that both parties will agree are currently free of the
Public Trust (Agreed Non -Trust Lands) and currently subject to the Public Trust
(Agreed Trust Lands). The current pre- exchange Public Trust configuration is ill -
suited to the full realization of Public Trust purposes, and would preclude the
cohesive development of the NAS Alameda property. As a result of the
exchange, lands along the waterfront with high -value to the Public Trust will be
impressed with the Public Trust and interior lands that have been cut off from
access to the water will be removed from the Public Trust. The Trust Addition
Lands will create valuable opportunities for public access and enjoyment of the
waterfront and for attracting maritime commerce; and
WHEREAS, the Agreement proposes that the exchange will occur in four
phases based in part on the Navy's conveyance schedule; and
WHEREAS, prior to approving the Agreement, the Commission is required
by the Exchange Act to make certain findings, as required by the Exchange Act.
These findings generally include: (1) the configuration of public trust lands upon
completion of the exchange will not differ significantly from the configuration
shown on the diagram in Section 11 of the Exchange Act; (2) the value of the
lands to be exchanged into the Public Trust is equal to or greater than the value
of the lands to be exchanged out of the Public Trust, as the exchange is finally
configured and phased in this Agreement; (3) as the exchange is finally
configured and phased, the lands to be taken out of the trust have been filled and
reclaimed, are cut off from access to navigable waters, are no longer needed or
required for the promotion of the public trust; (4) the exchange will eliminate
Public Trust title uncertainties affecting lands with critical value to the Public
Trust; (5) the Agreement contains conditions to ensure that streets and other
transportation facilities located on public trust lands are designed to be
compatible with the Public Trust; (6) the Agreement contains conditions to ensure
that the central north -south corridor proposed to remain within the Public Trust
that connects the Oakland Estuary with the Seaplane Lagoon will function as a
public access corridor; and (7) the Agreement contains conditions to ensure that
lands will not be exchanged into the trust until all necessary hazardous materials
remediation for those lands has been completed; and
WHEREAS, the factual and legal issues relating to the character of the
lands within the NAS Alameda property and the boundary of lands subject to the
Public Trust is complex, and the true state of title is uncertain. As a result, the
Agreement also settles and establishes certain boundary lines within the NAS
Alameda property relating to the current Agreed Non -Trust Lands and Agreed
Trust Lands; and
WHEREAS, the United States separately authorized a Public Benefit
Conveyance (PBC) to the City of an approximately 44 -acre portion of the NAS
Alameda property (PBC Parcel). The PBC Parcel was transferred from the Navy
to the United States Department of the Interior (DOI) in 2009 and is expected to
be conveyed to the City in the near future. The PBC Parcel comprises a portion
of the Agreed Trust Lands. The deed from the United States to the City for the
PBC Parcel contains restrictive covenants (Federal Covenants) which require
that the PBC Parcel and the revenue derived therefrom be used in perpetuity for
certain park and recreational purposes. Consistent with the City's PBC
application approved by DOI, the PBC Parcel is currently planned by the City for
a Sports Complex. Under the Agreement, the City would be permitted to use the
PBC Parcel and revenues derived therefrom for non -Trust uses associated with
the a Sports Complex (if any), to the extent necessary to comply with the City's
obligations under the Federal Covenants. The City would be required to use
good faith efforts to consult with Commission staff in the City's design of
recreational facilities on the PBC Parcel for the purpose of maximizing the
consistency of those facilities with the Public Trust, subject to the City's
obligations under the Federal Covenants; and
WHEREAS, the City Council exercises its independent judgment and
concludes that no further environmental review is required for the Exchange
Agreement because:
(1) The proposed exchange agreement is a settlement of title and
boundary problems with the State Lands Commission and an exchange in
connection with such settlement, it is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section
21080.11; and
(2) The Agreement is consistent with the land use pattern called for in the
1996 NAS Alameda Community Reuse Plan (as amended in 1997) (Reuse Plan),
and implements a mitigation measure adopted by the City in connection with the
environmental review of the Reuse Plan. The Public Trust issues associated
with the Reuse Plan were fully discussed and analyzed in the Final EIR for the
Reuse of Naval Air Station Alameda and the Fleet and Industrial Supply Center,
Alameda Annex and Facility (State Clearinghouse No. 96022105) (Reuse Plan
EIR), which was certified in 2000. The Reuse Plan EIR found that the impact
arising from inconsistencies between the Reuse Plan and the Public Trust was
significant, but would be mitigated to a less- than - significant level through a Public
Trust exchange. (Reuse Plan EIR, pp. 3 -12 to 3 -17, 4 -6 to 4 -7.). The Exchange
Act, enacted later that year, authorized a trust exchange consistent with the land
use pattern in the Reuse Plan, as called for in the Reuse Plan EIR. The
Alameda Point General Plan Amendment EIR (State Clearinghouse No.
2001012057) (GPA EIR), which was certified in 2003, reexamined this issue,
disclosed that the Exchange Act was enacted in 2000, which is consistent with
the analysis in the Reuse Plan EIR, and that no significant impacts related to
land use would occur from implementation of the GPA. (GPA EIR, pp. 55 -57,
72.) Approval of the Agreement would not require major revisions to the Reuse
Plan EIR or GPA EIR due to new or substantially increased significant
environmental effects. There have been no changes to the proposed trust
exchange or the Reuse Plan, and there have been no substantial changes with
respect to the circumstances under which the exchange or the Reuse Plan would
be undertaken, that would require major revisions to the EIRs due to new or
substantially increased significant environmental effects, and no new information
of substantial importance has been discovered that would trigger or require major
revisions to the EIRs due to new or substantially increased significant
environmental effects. Therefore, no subsequent or supplemental environmental
impact report is required before approval of the Agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Alameda that the City Manager is hereby authorized and directed to negotiate
and execute a final Naval Air Station Alameda Exchange Agreement between
the City of Alameda and the State of California, Acting by and through the State
Lands Commission, in substantial conformance with the proposed Naval Air
Station Alameda Exchange Agreement.
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
special meeting assembled on the 8th day of May, 2012, by the following vote to
wit:
AYES: Councilmembers Bonta, deHaan, Tam and
Mayor Gilmore — 4.
NOES: None.
ABSENT: Johnson — 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 9th day of May, 2012.
Lara Weisiger, City Cler
City of Alameda