Ordinance 3311WHEREAS, the proposed reconfiguration of the property lines would result in public
ownership, public access and public use of (1) 7.25 acres of land to be improved by North
Waterfront Cove, LLC for the Bay Trail and waterfront public promenades and plazas, public roads
through the center of the site from Clement Avenue to the northern waterfront edge of the site,
and completion of the waterfront Clement Avenue extension and Cross Alameda Trail from
Atlantic Avenue to Entrance Road, and (2) 13.2 acres of submerged lands, which shall be
improved by removal of the current deteriorating wharf and replaced with a 0.6 acre rehabilitated
and improved wharf, a public kayak launch and a public water shuttle landing; and
WHEREAS, a disposition and development agreement between the parties, attached
hereto as Exhibit A (“Disposition and Development Agreement”) is necessary to ensure that the
exchange of lands between the City and North Waterfront Cove, LLC is implemented in a phased
manner to protect the interests of the public and ensure that at each phase of the project, the
public’s ownership, access and use of public lands is increased and improved; and
WHEREAS, the reconfiguration of the land as shown in the Disposition and Development
Agreement (“trust exchange”) requires approval of a Land Exchange and Title Settlement
Agreement for the Encinal Terminals Project (“Exchange Agreement”) between the City of
Alameda, the State Lands Commission, and North Waterfront Cove, LLC, in accordance with
Section 6307 of the Public Resources Code, attached hereto as Exhibit B; and
WHEREAS, based on an evaluation of the title evidence and an appraisal prepared for
the trust exchange, the value of the lands to be exchanged into the Public Trust is greater than
the value of the lands to be exchanged out of the Public Trust; and
WHEREAS, on January 18, 2022, the City Council conducted a public hearing to consider
the Disposition and Development Agreement and the Exchange Agreement; and
WHEREAS, on July 17, 2007, the City Council adopted Resolution Nos. 14134 and 14135
certifying the Final Environmental Impact Report for the Northern Waterfront General Plan
Amendment (“Northern Waterfront EIR”) pursuant to the California Environmental Quality Act
(“CEQA”), and on December 19, 2017, the City Council adopted Resolution No. 15337 certifying
a Focused Supplemental Environmental Impact Report for development of the proposed Master
Plan and Exchange Agreement (“Focused Supplemental EIR”, and with the Northern Waterfront
EIR, “Previous CEQA Documents”).
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The City Council, based on its independent review, consideration, and exercise of its
independent judgment, hereby finds and determines, on the basis of substantial evidence in the
entire record before the City, that none of the circumstances necessitating further CEQA review
are present. The proposed project would not require major revisions to the Previous CEQA
Documents due to new significant impacts or due to a substantial increase in the severity of the
significant environmental effects. There have been no substantial changes with respect to the
circumstances under which the project would be undertaken that would require major revisions of
the Previous CEQA Documents due to new or substantially increased significant environmental
effects, and there has been no discovery of new information of substantial importance that would
trigger or require major revisions to the Previous CEQA Documents due to new or substantially
increased significant environmental effects. Thus, the City can rely on the Previous CEQA
Documents and no further environmental review is required for the proposed project.