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Resolution 14200CITY OF ALAMEDA RESOLUTION NO. 4200 AUTHORIZING CONVEYANCE OF VARIOUS EASEMENTS FOR THE DEVELOPMENT OF SHINSEI GARDENS APARTMENTS AT 401 WILVER "WILLIE" STARGELL AVENUE WHEREAS, Alameda Naval Air Station (NAS Alameda) closed in April 1997 and the Fleet Industrial Supply Center, Alameda (FISC) closed in September 1998 and the United States Navy (Navy) initiated the disposition process for NAS Alameda pursuant to the Defense Base Closure and Realignment Act of 1990; and WHEREAS, special legislation authorized the transfer of the FISC to the City of Alameda (City) independent of the NAS Alameda economic development conveyance; and WHEREAS, a thirty-nine (39) unit multi-family affordable housing development (Shinsei Gardens Apartments or the Project) is included in the NAS Alameda Community Reuse Plan (Reuse Plan) that was accepted by the City on January 31, 1996 after several years of public input; and WHEREAS, the Reuse Plan is a mixed-use, transit-oriented proposal that provides for an orderly transition of NAS Alameda and the FISC from military to civilian use, while advancing the community goals for new employment, economic development, environmental protection, provision of open space and preclusion of undesirable uses; and WHEREAS, a team representing public and nonprofit agencies, including current and prospective homeless service providers, negotiated a statement of policies and standards called the "Standards of Reasonableness" (as amended, Standards of Reasonableness) which delineate reasonable uses of property at NAS Alameda for provision of services to the homeless, including provision of housing, jobs, economic development activity and occupancy and capital improvements; and WHEREAS, on October 6, 1999, the Alameda Reuse and Redevelopment Authority (ARRA) formally approved a Memorandum of Understanding (MOU), entered into by the ARRA, the Community Improvement Commission (CIC), Housing Authority of the City of Alameda (Housing Authority), the City, the Housing and Community Development Department of the County of Alameda, and the Alameda Point Collaborative, Inc., which amended the Standards of Reasonableness, which MOU was fully executed on February 22, 2000; and WHEREAS, in June 2000, the City certified the Final Environmental Impact Report of the Catellus Mixed Use Development (2000 EIR) pursuant to the California environmental Quality Act (CEQA) which included the Project as segment of the Catellus Mixed Use Development; and WHEREAS, the City also adopted a Mitigation Monitoring and Reporting Program (MMRP) to ensure that those mitigation measures determined through the CEQA analysis that will eliminate or reduce to an acceptable level adverse environmental impacts of the Project, are enforced and completed; and WHEREAS, on July 17, 2000, the Navy conveyed the FISC to the City by quitclaim deed; and WHEREAS, on August 1, 2001, the City conveyed the FISC to the CIC by quitclaim deed; and WHEREAS, the CIC and the Housing Authority selected Resources for Community Development (RCD) to develop the Project on approximately 2.5 acres located in the FISC at 401 Wilver "Willie Stargell Avenue (Stargell Avenue) at Coral Sea Street (Project Site), and WHEREAS, on February 11, 2004, the City agreed to make available to RCD approximately Six Hundred Thousand Dollars ($600,000) in HOME funds, for predevelopment costs relating to the Project for financing certain predevelopment costs of the Project; and WHEREAS, pursuant to a Settlement Agreement, dated as of September 1, 2006, by and among the ARRA, the CIC, Housing Authority, and Operation Dignity Inc. (Operation Dignity) (Settlement Agreement), and subject to its terms and conditions, the ARRA, the CIC, the Housing Authority and Operation Dignity entered into an Implementation Agreement (39 Units), dated as of September 1, 2006 (Implementation Agreement) for the prospective financing, construction, management and operation of the Project on the Project Site; and WHEREAS, the Implementation Agreement implements the MOU with respect to the 39 Unit Project; and WHEREAS, on September 25, 2006, the Planning Board of the City approved the Development Plan and Design Review for the Project by Resolution No. PB- 06 -33; and WHEREAS, on September 25, 2006, the City approved a third addendum to the 2000 EIR to address any environmental effects of the environmental control system for the Project; and WHEREAS, on October 4, 2006, by Resolution No. 06 -145, the CIC authorized the use of affordable housing funds generated from the West End Community Improvement Project (WECIP) and the Business and Waterfront Improvement Project (BWIP) in an amount not to exceed Four Million Dollars ($4,000,000) for development of the Project; and WHEREAS, on October 6, 2006, the CIC conveyed the Project Site to the Housing Authority by quitclaim deed; and WHEREAS, on October 4, 2006, the Housing Authority and RCD entered into a Ground Lease Agreement to facilitate the development of the Project on the Project Site; and WHEREAS, on July 1, 2007, the City agreed to make available to RCD approximately Eight Hundred Six Thousand Seven Hundred Nineteen Dollars ($806,719) in additional HOME funds for financing certain predevelopment costs of the Project; and WHEREAS, on March 20, 2008, the CIC and the Housing Authority entered into an Owner Participation Agreement with RCD for development of the Project on the Project Site; and WHEREAS, RCD formed a limited partnership, Shinsei Gardens Apartments, L.P. (Limited Partnership), to secure affordable housing tax credits for the Project and assigned its interests in the Project documents to the limited partnership; and WHEREAS, on March 25 2008, the closing of construction financing through California Municipal Finance Authority bond proceeds occurred; and WHEREAS, to facilitate development of the Project on the Project Site it is necessary for the City to convey the following easements (Easements): nonexclusive vehicular and pedestrian access easements from the City to the Housing Authority and the Limited Partnership, as ground lessee, for the benefit of the Project Site over portions of the northern two lanes of Stargell Avenue, which have been improved to the extent necessary to facilitate use for the Project until the final street improvements are constructed; and WHEREAS, on May 6, 2008, following notice duly and regularly given as required by law, the CIC, the Housing Authority Board of Commissioners and the City Council held a joint public hearing on the Easements and related documents, and heard all interested persons expressing a desire to comment thereon or object thereto, and considered the Easements; and WHEREAS, the City Council has determined that conveying the Easements, the City Council will further encourage the productive use and redevelopment of underutilized former military base property. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves the Easements using its own independent judgment. BE IT FURTHER RESOLVED, that the City Council hereby authorize the Mayor to convey the Easements, subject to any minor conforming, technical or clarifying changes approved by the Mayor and City Counsel. The Mayor and City Clerk are hereby further authorized and directed to take such further actions and execute and record such documents as are necessary to convey the Easements. I, 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 City Council, Community Improvement Commission and the Housing Authority Board of Commissioners on the 6th day of May, 2008, 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 7th day of May, 2008. Lara Weisiger, City City of Alameda