Ordinance 3216New Series
AUTHORIZING THE ACTING CITY MANAGER TO: (1) QUITCLAIM A
.26 -ACRE OF REAL PROPERTY TO CP VI ADMIRALS COVE, LLC, A
DELAWARE LIMITED LIABILITY COMPANY ("CARMEL") AS
CONSIDERATION FOR DEMOLITION OF THE EXISTING
IMPROVEMENTS ON THE FUTURE SINGLETON AVENUE
EXTENSION; AND (II) EXECUTE ANY AND ALL ANCILLARY
DOCUMENTS AND TO PERFORM ANY AND ALL ACTS NECESSARY
OR DESIRABLE TO CONSUMMATE THE TRANSACTION
WHEREAS, the U.S. Navy ("Navy") is the current owner of real property consisting
of an approximately 14.87 -acre parcel ("Carmel Parcel") made up of a portion of
Assessor's Parcel Number ("APN") 74-905-10-2; an approximately 12.3 -acre parcel
("Housing Authority Parcel") and an approximately 2.0 -acre parcel ("Habitat Parcel"),
made up of portions of APN 74-905-10-4 and APN 74-905-12-2, all in the northwest
portion of the City, generally bounded to the south by Singleton Avenue, to the north by
Mosley Avenue, to the west by Main Street and to the east by Bette Street, collectively
known as the "North Housing Site"; and
WHEREAS, in 2007, the Navy declared the North Housing Site surplus property
and began the process to transition the property to civilian reuse; and
WHEREAS, in February 2017, the federal General Services Administration
("GSA"), conducted a public auction for the Carmel Parcel and CP VI Admirals Cove, LLC
was the successful bidder; and
WHEREAS, the Navy proposes to convey, at no cost, approximately 5.3 acres of
roadways and right of way ("Roadway Parcel") to the City, consisting of the existing
Singleton and Mosley Avenues in the North Housing Site; and
WHEREAS, Carmel proposes to renovate 146 existing units on the Carmel Parcel;
and
WHEREAS, the 2009 Amended NAS Alameda Community Reuse Plan ("Reuse
Plan") for the North Housing Site contemplated that the units would be demolished (rather
than renovated) and new units would be constructed; thus triggering infrastructure
obligations, including new streets built to City standards; and
WHEREAS, in 2012 the City entered into a Legally Binding Agreement (113K)
with the Housing Authority, Alameda Point Collaborative and Building Futures with
Women and Children regarding disposition and use of the Housing Authority Parcel; and
WHERAS, Carmel's renovation of existing improvements does not trigger the
same infrastructure obligations that would be required by new construction; and
WHEREAS, Carmel desired to enter into a Memorandum of Understanding
("MOU") prior to taking title to the Carmel Parcel to spell out Carmel's infrastructure
obligations and responsibilities under the Reuse Plan; and
WHEREAS, on January 2, 2017, the City Council authorized the City Manager to
negotiate and execute an MOU with Carmel for construction of infrastructure, to support
the North Housing Site, pursuant to the Reuse Plan; and
WHEREAS, the MOU was fully executed on March 30, 2018; and
WHEREAS, there is an existing four -unit building (the "Building") that straddles the
boundary line between the Carmel Parcel and the Housing Authority Parcel; and
WHEREAS, Carmel. requested that the City transfer by quitclaim deed
approximately .26 acres ("Land Transfer Property") from the Housing Authority Parcel to
Carmel so that the Building would be entirely on the Carmel side of the boundary line;
and
WHEREAS, Carmel plans to retain and renovate the Building as part of its project
and will bring these four additional housing units on-line which otherwise would be
demolished since the Building straddles the boundary line; and
WHEREAS, in exchange for the Land Transfer Property, Carmel will demolish (at
no cost to the City or Housing Authority) the three buildings on the Housing Authority
Parcel that are in the way of the Singleton Avenue extension ("Singleton Demolition");
and
WHEREAS, the City and Carmel have agreed (based upon an appraisal and
pending land sale) on the fair market value of the Land Transfer Property; and
WHEREAS, the final cost for the Singleton Demolition is unknown until the work is
complete; and
WHEREAS, if the value of the Land Transfer Property exceeds the cost for the
Singleton Demolition, then at the City's option, Carmel will either refund the difference to
the City in cash or apply the excess to the demolition cost for the Mosley Avenue
demolition, thus reducing the cost to the City for the Mosley Avenue demolition; and
WHEREAS, if the cost of the Singleton Demolition exceeds the value of the Land
Transfer Property, then Carmel shall bear the additional cost without further
compensation from the City; and
WHEREAS, the MOU states that City staff will request that the City Council adopt
an ordinance transferring by quitclaim deed, fee title to approximately .26 acres of real
property to Carmel so that the Building will be entirely on Carmel's property, in exchange
Carmel will perform the Singleton Demolition; and
WHEREAS, pursuant to the terms of the MOU, Carmel will construct the Singleton
Avenue extension; and
WHEREAS, the City is authorized and empowered to enter into agreements for
the acquisition and disposition of real property in the City of Alameda; and
WHEREAS, this action would not result in any new environmental impacts or more
severe environmental impacts than those previously identified with the adoption of the
Community Reuse Plan Environmental Impact Report ("EIR") 2009 Addendum and the
Housing Element EIR 2012 Addendum; and
WHEREAS, on April 23, 2018, the Planning Board determined the transfers of real
property to implement the LBA to be in conformity with the Alameda General Plan in
accordance with Government Code section 65402(a).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
("City Council") that after hearing all qualified and interested persons and receiving and
considering all relevant evidence, finds and determines as follows:
Section 1.
The City Council hereby delegates to the Acting City Manager the authority to: (1) grant
an approximately .67 -acre easement to CP VI Admirals Cove, LLC, a Delaware limited
liability company ("CARMEL") for softscape improvements within a 5.3 -acre roadway
dedication in the North Housing Site (generally bounded by Main Street, Singleton
Avenue, Mosley Avenue and Bette Street) in exchange for fee title to approximately .29 -
acre parcel from CARMEL needed to complete the Singleton Avenue extension; and (2)
execute auxiliary documents and to perform any and all acts necessary or desirable to
consummate the transaction.
Section 2.
If any portion, section, subsection, paragraph, subparagraph, sentence, clause, phrase
or application of this Ordinance is held invalid or inapplicable by a final judgment of a
court of competent jurisdiction, such decision shall not affect the validity or applicability of
any other part of this Ordinance.
Section 3.
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Mayor of the City of Alameda
Attest:
Lara. Weisiger, & Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda on the 5th day of
J u n e, 2018, 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 6th day of June, 2018.
Lara Weisiger,t Clerk
City of Alameda"
APPROVED AS TO FORM:
Janet I V -em, City Attoey
City of Alameda