CIC Resolution 08-153COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 08- 153
AUTHORIZING THE EXECUTIVE DIRECTOR TO CONVEY AND ACCEPT
VARIOUS EASEMENTS FOR THE DEVELOPMENT OF SHINSEI GARDENS
APARTMENTS AT 401 WILVER "WILLIE" STARGELL AVENUE AND TO
FACILITATE UTILITY INFRASTRUCTURE ON ADJACENT CIC PROPERTY
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 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 CIC to grant a nonexclusive emergency vehicle access
easement over a portion of certain property owned by the CIC adjacent to the
Project Site (CIC Property) to the Housing Authority and the Limited
Partnership, as ground lessee, for the benefit of the Project Site, and to the
City; and
WHEREAS, to facilitate utility infrastructure on the CIC Property it is
necessary for the Housing Authority to grant a nonexclusive emergency vehicle
access easement over a portion of the Project Site for the benefit of the CIC
Property to the CIC and to the City (together with the foregoing easement, the
Easements); 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 CIC has determined that conveying and accepting, as
applicable, the Easements, the CIC will further encourage the productive use
and redevelopment of underutilized former military base property.
NOW, THEREFORE BE IT RESOLVED, that the CIC hereby approves
the Easements using its own independent judgment.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the
Executive Director to convey and accept the Easements, as applicable, subject
to any minor conforming, technical or clarifying changes approved by the
Executive Director and CIC Counsel. The Executive Director and Secretary of
the CIC are hereby further authorized and directed to take such further actions
and execute and record such documents as are necessary to convey and
accept the Easements, as applicable.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Community Improvement Commission of the City of
Alameda in a 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: Commissioners deHaan, Gilmore, Matarrese, Tam
and Chair Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 7th day of May, 2008.
$"e`verly John
Community I
Commission
Lara Weisiger, Secret
Community Improve Commission