Ordinance 3359 CITY OF ALAMEDA ORDINANCE NO. 3359
New Series
AUTHORIZING (1) THE TRANSFER OF 0.65 ACRES OF CITY
PROPERTY TO THE ALAMEDA UNIFIED SCHOOL DISTRIST, (2) THE
GRANTING OF A RECIPROCAL EASEMENT ON CITY PROPERTY
FROM THE CITY TO THE ALAMEDA UNIFIED SCHOOL DISTRICT FOR
PUBLIC ACCESS, PUBLIC PARKING AND USE PURPOSES ON A 24/7
BASIS, (3) ACCEPTING A RECIPROCAL EASEMENT FROM THE
ALAMEDA UNIFIED SCHOOL DISTRICT FOR PUBLIC ACCESS,
PUBLIC PARKING AND USE PURPOSES ON A 24/7 BASIS, AND (4)
THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS
IN CONNECTION THEREWITH TO FACILITATE THE RENOVATION
AND REBUILD OF WOOD MIDDLE SCHOOL
Whereas, the City of Alameda owns real property located at the southeast corner
of Otis Drive and Grand Street, which property is 0.65 acres (208,748 square feet), of
which 180,234 square feet (4.14 acres) has been developed as Rittler Park; and
Whereas, the Alameda Unified School District(AUSD)owns real property adjacent
to the aforementioned City property on which the AUSD had constructed Wood Middle
School; and
Whereas, over time and inadvertently, the AUSD has constructed on 28,428
square feet of the City property School related facilities; and
Whereas,AUSD intends to renovate Wood Middle School and to construct vehicle
access from Otis Drive to Grand Street; and
Whereas,AUSD also intends to construct a parking area along with that portion of
the vehicle access from Otis Drive, which parking and access will benefit the adjacent
Rittler Park as well as benefitting AUSD; and
Whereas, to help with the Wood Middle School renovation and the vehicle access
to Grand Street, AUSD has requested the City to transfer to it the 0.65 acres of property
the City owns at the southeast corner of Otis Drive and Grand Street(see the area colored
orange on the attached exhibit 1); and
Whereas, the property requested by AUSD is adjacent to, but is not and never has
been, part of Rittler Park; and
Whereas, to provide sufficient property for the public access from Otis Drive and
for the public parking area, which access, parking and use would be available on a 24/7
basis and would benefit Rittler Park and AUSD, AUSD has requested the City grant it a
reciprocal easement on a portion of the Rittler Park property (21,000 square feet +/-) and
AUSD would likewise grant the City a reciprocal easement on a portion of its property
(15,000 square feet+/-) so that the entire easement area for public access, public parking
and use would be about 70 feet wide and 460 feet in length, with a traffic circle being at
the terminus of the easement (see the areas colored yellow on the attached exhibit 1);
and
Whereas, the transfer of 0.65 acres to AUSD will not impact the use of Rittler Park;
and
Whereas, the transfer of the City property in fee to AUSD constitutes a transfer of
an interest in real property from one local agency to another local agency and is therefore
not considered a disposition of surplus property subject to the State Surplus Lands Act;
and
Whereas, the City's granting a reciprocal easement on the Rittler Park area will not
impact its use and the combination of the reciprocal easements will provide on a 24/7
basis better public access to, and increased public parking for users of, Rittler Park, all of
which are consistent with City Charter Section 22-12; and
Whereas, various easement related agreements will set forth the City's and
AUSD's responsibilities as to the public access, public parking, and use of the reciprocal
easements.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. The City Council authorizes the transfer of 0.65 acres of City property to
the Alameda Unified School District, the granting of a reciprocal easement on City
property to the Alameda Unified School District for enhanced, and on a 24/7 basis, public
access to and additional public parking for Rittler Park and for School facilities, and the
acceptance of a reciprocal easement from the Alameda Unified School District to the City
for enhanced, and on a 24/7 basis, public access to and additional public parking for the
Rittler Park and School facilities.
Section 2. To carry out the purpose of this Ordinance, the City Manager of the City
of Alameda is hereby authorized to execute on behalf of the City of Alameda, a Quitclaim
Deed to the Alameda Unified School District, to execute on behalf of the City of Alameda
a reciprocal easement to the Alameda Unified School District, to accept on behalf of the
City a reciprocal easement from the Alameda Unified School District, and to execute
easement related agreements and any other necessary documents as are determined
necessary by the City Manager or City Engineer, and approved in final form by the City
Attorney, and the City Clerk is hereby authorized and directed to attest to and record the
same.
Section 3. If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance.
The City Council of the City of Alameda hereby declares that it would have passed this
ordinance, and each section, subsection, clause, or phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases are
declared to be invalid and unconstitutional.
Section 4. This Ordinance shall take effect 30 days after its final passage and
adoption.
Presiding Officer`of the City Council
Attest:
Lara Weisiger, City 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 in a regular
meeting assembled on this 19th day of December 2023, by the following vote to wit:
AYES. Councilmembers Daysog, Herrera Spencer, Jensen, Vella
and Mayor Ezzy Ashcraft— 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 20th day of December 2023.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, ity ney
City of Alamed