Resolution 14811
CITY OF ALAMEDA RESOLUTION NO. 14811
AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY,
CERTAIN SURPLUS FEDERAL PROPERTY AND TO ACCEPT, EXECUTE, AND
RECORD CONVEYANCE DOCUMENTS IN SUBSTANTIAL CONFORMANCE
WITH CONVEYANCE DOCUMENTS RECEIVED FROM THE UNITED STATES OF
AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF THE NAVY, TO
IMPLEMENT THE ECONOMIC DEVELOPMENT CONVEYANCE AGREEMENT
FOR THE FORMER NAVAL AIR STATION, ALAMEDA (PHASE 1 ALAMEDA
POINT CONVEYANCE) – (PROGRAM CODE 819099)
WHEREAS, in 1993, the Defense Base Closure and Realignment Commission
recommended the closure of the former Naval Air Station Alameda (“NAS Alameda”),
which encompasses the Naval facilities and grounds comprising the western end of the
City of Alameda and consists of 1,546 acres of real property, together with the buildings,
improvements and related and other tangible personal property located thereon and all
rights, easements and appurtenances thereto; and
WHEREAS, pursuant to the power and authority provided by section 2905(b)4 of
the Defense Base Closure and Realignment Act of 1990, as amended, and the
implementing regulations of the Department of Defense (32 CFR Part 175), the
Secretary of the Navy may convey surplus property at a closing installation to the local
redevelopment authority for economic development purposes. By application dated
October 1997 and amendments to that application, the Alameda Reuse and
Redevelopment Authority (“ARRA”) applied for a No-Cost Economic Development
Conveyance of NAS Alameda to be used and developed in accordance with the NAS
Alameda Community Reuse Plan (“Reuse Plan”) dated January 1996, as amended in
May and September 1997, prepared and adopted by the ARRA, accepted by the City
Council, and approved by the Department of Housing and Urban Development on April
23, 1996; and
WHEREAS, the United States, acting by and through the Department of the Navy
(“Navy”), approved the ARRA’s EDC Application and subsequently executed that certain
Memorandum of Agreement between ARRA and the Navy for the Economic
Development Conveyance of Portions of the Former NAS Alameda (“EDC Agreement”),
as such EDC Agreement was subsequently amended; and
WHEREAS, by operation of California State law, the Community Improvement
Commission, a member of the ARRA joint powers authority, ceased to exist on
February 1, 2012. Accordingly, the ARRA, by Resolution No 55, dated January 31,
2012, authorized the ARRA Executive Director to assign to the City of Alameda all of
ARRA’s rights, assets, obligations, responsibilities, duties and contracts, including the
EDC Agreement, subject to the City accepting such Assignment, (ii) Department of
Defense designation of the City as the local redevelopment authority for NAS Alameda,
and (iii) execution of documents with the Navy necessary to implement the City as
successor to ARRA; and
WHEREAS, pursuant to City of Alameda Resolution No. 14654, dated February
7, 2012, the City authorized the City Manager to accept the Assignment of all of ARRA’s
rights, assets, obligations, responsibilities, duties and contracts, including the EDC
Agreement, subject to The Department of Defense designating the City as the local
redevelopment authority for NAS Alameda and the Navy executing documents
necessary to implement the City as successor to ARRA; and
WHEREAS, by letter dated April 4, 2012, the Department of Defense and the
Department of the Navy designated the City as the local redevelopment authority for
NAS Alameda, and accepted the City as the successor to ARRA; and
WHEREAS, the Navy has prepared Findings of Suitability to Transfer for the
various parcels that comprise the Phase 1 Alameda Point Conveyance, which includes
511 acres of uplands and 870 acres of submerged land at Alameda Point; and
WHEREAS, in accordance with the provisions of the National Environmental
Policy Act, the Navy has prepared an Environmental Impact Statement (“EIS”) for the
disposal of NAS Alameda. A Record of Decision regarding the disposal of NAS
Alameda was issued by the Navy on February 29, 2000; and
WHEREAS, in accordance with the provisions of the National Historic
Preservation Act, the Navy has determined that the disposal of NAS Alameda will have
an effect upon those portions of the property that are eligible for listing in the National
Register of Historic Places. A Memorandum of Agreement among the Navy, the
California State Historic Preservation Officer and the Advisory Council on Historic
Preservation was executed on October 5, 1999, and sets forth in full the ARRA’s
obligations under the National Historic Preservation Act and implementing regulations;
and
WHEREAS, in accordance with Section 7 of the Endangered Species Act, United
States Fish and Wildlife Service issued a Biological Opinion in August 2012 for the
Alameda Point property, which includes avoidance and minimization measures and
terms and conditions for the City and subsequent property owners to mitigate impacts to
the endangered California Least Tern; and
WHEREAS, on March 21, 2000, the City Council certified the Final
Environmental Impact Report (“EIR”) pursuant to the California Environmental Quality
Act (“CEQA”) for the Reuse of Naval Air Station Alameda and the Fleet and Industrial
Supply Center, Alameda Annex and Facility (State Clearinghouse #96022105),
consisting of the Draft EIR and EIR Response to Comments Addendum, and adopted
Findings and a Statement of Overriding Considerations, adopted and incorporated into
the project all of the mitigation measures within the responsibility and jurisdiction of the
City, and adopted a Mitigation Monitoring Program; and
WHEREAS, the Phase 1 Alameda Point Conveyance implements conveyance of
NAS Alameda and subsequent reuse pursuant to the Reuse Plan, which were analyzed
in the EIR. The Phase 1 Alameda Point Conveyance would not require major revisions
to the previously certified EIR due to new or substantially increased significant
environmental effects. There have been no substantial changes to the conveyance and
reuse or substantial changes with respect to the circumstances under which the
conveyance and reuse would be undertaken, that would require major revisions to the
EIR 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 EIR due to new or substantially increased significant
environmental effects; and
WHEREAS, the Conveyance Documents include quitclaim deeds, Covenants
Restricting Use of Property, a Declaration of Restrictions, and access and utility
easements, among other potential documents;
NOW, THEREFORE BE IT RESOLVED that the City Council, having
independently considered whether changes in the project, changes in circumstances, or
new information would require major revisions to the EIR, finds that no subsequent or
supplemental EIR is required before approval of the Phase 1 Alameda Point
Conveyance.
BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager
to Accept, on behalf of the City, certain surplus Federal property and to Accept,
Execute, and Record Conveyance Documents in Substantial Conformance with
Conveyance Documents Received from the United States of America, Acting by and
Through the Department of the Navy, to implement the EDC Agreement for the former
Naval Air Station, Alameda (Phase 1 Alameda Point Conveyance);
BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager
or his designee to make minor amendments as necessary to the Conveyance
Documents relating to this conveyance.
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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 21st day of May, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore – 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 22nd day of May 2013.
Lara Weisiger, City Clerk
City of Alameda