SUCCESSOR AGENCY TO THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. ____
AUTHORIZING THE CONVEYANCE OF THE PROPER TY LOCATED
AT 2350 FIFTH STREET TO THE CITY OF ALAME DA IN
ACCORDANCE WITH THE TERMS OF A PURCHASE AND SALE
AGREEMENT BETWEEN TH E SUCCESSOR AGENCY A ND THE
CITY; AND AUTHORIZING THE CITY MANAGER, AS EXE CUTIVE
DIRECTOR OF THE SUCC ESSOR AGENCY, TO EXE CUTE THE
PURCHASE AND SALE AGREEMENT AND TO TAK E OTHER
ACTIONS NECESSARY TO COMPLETE THE CONVEYANCE OF THE
PROPERTY
WHEREAS, pursuant to AB1 x26 (as amended by AB 1484 and SB 107, collectively referred to as the "Dissolution Act"), the separate legal entity known as the Successor Agency of the Community Improvement Commission of the City of Alameda (“SACIC”) is responsible for disposing of the properties of the former Community Improvement Commission of the City of Alameda ("CIC"); and
WHEREAS, pursuant to the Dissolution Act (Health & Safety Code Section 34191.5), the SACIC prepared a Long -Range Property Ma nagement Plan (“LRPMP”) which addressed the disposition and use of the real properties of the CIC; and
WHEREAS, the LRPMP was approved by the Oversight Board for the SACIC on February 24, 2015 and approved by the State of California Department of Finance (“DOF”) by letter dated March 12, 2015; and
WHEREAS, pursuant to the Dissolution Act (Health & Safety Code Section 34191.3), the approved LRPMP shall govern, and supersede all other statutory provisions relating to the disposition and use of all the real property assets of the CIC; and
WHEREAS, the approved LRPMP provides that the real property commonly referred to as the “Bottle Parcel” due to its shape, located at 2350 Fifth Street, Alameda, California (APN 074 -1356-023), consisting of approximately 0.82 acres, shall be marketed for sale at fair market value, with the net proceeds to be distributed among the local taxing entities; and
WHEREAS, the LRPMP estimates the value of the Bottle Parcel at $250,000; and
WHEREAS, after diligent and good faith efforts to market the Bottle Parcel, including two separate negotiations for sale with potential buyers in 2018 and 2020 that were ultimately not consummated, the SACIC has been unable to sell the Bottle Parcel to a private developer at fair market value , in part because the Bottle Parcel currently lacks access to municipal utility services required for further development; and
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WHEREAS, on October 2, 2018, pursuant to SB 850, Chapter 48, Statutes of 2018 and Government Code Section 8698.2, the City of Alam eda (“City”) declared a shelter crisis within the City; and
WHEREAS, on January 8, 2020, Governor Gavin Newsom issued Executive Order N-23-20 “to reduce street homelessness, break down barriers to homeless individuals accessing health care and other critical services, and to increase housing options for those experiencing homelessness,” and requesting government and non-profit agencies “to examine their own ability to provide shelter and house homeless individuals on a short- term emergency basis and coordinate with local authorities to provide shelter and house individuals”; and
WHEREAS, on or about November 16, 2021, the City, the SACIC, Five Keys Schools and Programs (“Five Keys”), a California nonprofit public benefit corporation, and DignityMoves, a California nonprofit public benefit corporation (collectively, “Grant Applicants”), entered into a Memorandum of Understanding to apply for a grant from the State Housing and Community Development Department’s (“HCD”) Project Homekey Round 2 fund (“Homekey”) to develop interim supportive homeless housing on the Bottle Parcel; and
WHEREAS, the 2021 Memorandum of Understanding between the Grant Applicants set forth the general terms, scope, and purpose of the Homekey project on the Bottle Parcel, and the Applicants’ responsibilities thereto; and
WHEREAS, on or about March 1, 2022 , HCD approved the Grant Applicants’ Homekey application and awarded them a $12.3 million grant to develop interim supportive homeless housing on the Bottle Parcel; and
WHEREAS, as required to effect HCD’s Homekey grant, and as previously approved by the City Council, the City, the SACIC, DignityMoves and Five Keys will enter into a Standard Agreement with HCD setting forth the terms and allowable expenditures and activities for development of the Bottle Parcel pursuant to the Homekey grant; and
WHEREAS, as required to comply with the Dissolution Act and the approved LPRMP, and to allow construction and eventual operation of the interim supportive homeless housing development pursuant to the Homekey grant, the SACIC must transfer title to the Bottle Parcel to the City; and
WHEREAS, to transfer title to the Bottle Parcel to the City, the SACIC and the City must execute a purchase and sale agreement; and
WHEREAS, the City Manager, as Executive Director of the SACIC, requires authorization from the SACIC to execute a purchase and sale agreement and to take other actions necessary to transfer title to the Bottle Parcel to the City.
NOW, THEREFORE, the SACIC does hereby resolve as follows:
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SECTION 1 . The foregoing recitals are true and correct, and, together with information provided by SACIC staff and the public, if any, form the basis for the approvals, findings, resolutions, and determinations set forth below.
SECTION 2. The SACIC approves, authorizes, and directs transfer of title to the Bottle Parcel from the SACIC to the City in accordance with the terms and conditions of a purchase and sale agreement to be executed by the City Manager.
SECTION 3. The SACIC approves, authorizes, and directs the City Manager, as Executive Director of the SACIC, to execute a purchase and sale agreement to transfer title to the Bottle Parcel from the SACIC to the City, and to take all actions necessary to carry out the terms and conditions of the purchase and sale agreement and complete disposition of the Bottle Parcel to the City.
SECTION 4. The SACIC approves, authorizes, and directs the City Manager, as Executive Director of the SACIC, to take all actions necessary and appropriate under the Dissolution Act to effectuate the purposes of this Resolution.
SECTION 5. This Resolution shall take effect i mmediately upon passage and adoption.
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I, the undersigned, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the Successor Agency to the Community Improvement Commission of the City of Alameda and the Council of the City of Alameda in a special joint meeting assembled on the 3rd day of May 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Successor Agency and City this 4th day of May 2022.
______________________________
Lara Weisiger
City Clerk and Successor Agency Secretary
Approved as to form:
______________________________
Yibin Shen
City Attorney and General Counsel