Resolution 15228CITY OF ALAMEDA RESOLUTION NO 15228
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 NAVALAIR STATION, ALAMEDA (PHASE 3AALAMEDA
POINT CONVEYANCE)
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, pursuantto 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 Suitabilityto Transferforthe various
parcels that comprise the Phase 3A Alameda Point Conveyance, which includes 2.6 acres
of uplands 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 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 No. 96022105) (the "2000 EIR "), 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. On February 4, 2014, the City Council certified the Final
Environmental Impact Report for the Alameda Point Project (State Clearinghouse No.
201312043) (the "2014 EIR "), consisting of the Draft EIR and Response to Comments
volume, 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 2 Conveyance implements conveyance of NAS Alameda
and subsequent reuse pursuant to the Reuse Plan, which were analyzed in the 2000 EIR.
The analysis in the 2000 EIR was updated in the 2014 EIR, which analyzed the
redevelopment and reuse of 878 acres of land and approximately 1,229 acres of water at
the former NAS Alameda, including the Phase 3A Conveyance. The Phase 3A
Conveyance is within the project area analyzed in both EIRs. The Phase 3A Conveyance
would not require major revisions to the previously certified EIRs 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 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; and
WHEREAS, the Conveyance Documents include quitclaim deeds, and Covenants
Restricting Use of Property, 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 3A Alameda Point Conveyance; and
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
3A Alameda Point Conveyance); and
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.
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 7th day of February, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 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 8th day of February 2017.
Lara Weisiger, City Jerk
City of Alameda
Approved as to form:
Janetg: Kern Attorney
City of Alameda