CITY OF ALAMEDA RESOLUTION NO. ______
DECLARING BUILDING 11, LOCATED AT 1190 WEST TOWER AVENUE, AND ADJACENT LAND AREA TOTALING APPROXIMATELY 130,000 SQUARE FEET TO BE EXEMPT SURPLUS LAND FOR THE PURPOSE OF LEASING UNDER THE CALIFORNIA SURPLUS LAND ACT WHEREAS, prior to taking any action to dispose of (i.e., sell, option to lease, or lease for a term of fifteen years or more) land owned by a local agency, the Surplus Land Act (California Government Code Sections 54220 et seq.) (“SLA”), requires the local agency to follow prescribed notification and negotiation procedures intended to encourage housing development, including affordable housing; and WHEREAS, the SLA’s notification and negotiation procedures do not apply to the local agency’s disposal of land that qualifies as “exempt surplus land” as set forth in the SLA; and WHEREAS, prior to taking any action to dispose of land, Government Code Section 54221(b)(1) requires the local agency to declare the land “surplus land” or “exempt surplus land” as supported by written findings; and WHEREAS, Government Code Section 54221(b)(1) defines “surplus land” as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and WHEREAS, the City of Alameda (the “City”) is the owner of the real property more particularly described in the attached Exhibit A, located in the City of Alameda (the “City Property”); and WHEREAS, the City Council is contemplating a lease with Poseidon Tech Corporation for a period of 84 months (7 years), with two additional five (5) year renewal options, for a total possible lease period of seventeen years; and WHEREAS, the City Property is planned to be adaptively reused for a commercial use consistent with the zoning of the Alameda Point-Adaptive Reuse (AP-AR) district; and WHEREAS, Government Code Section 54221(f)(1)(M) sets forth an SLA exemption which defines “exempt surplus land” as “Surplus land that is a former military base that was conveyed by the federal government to a local agency, and is subject to Article 8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, provided that all of the following conditions are met:
(i) The former military base has an aggregate area greater than five acres, is expected to include a mix of residential and nonresidential uses and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment of the former military base. (ii) The affordability requirements for residential units shall be governed by a settlement agreement entered into prior to September 1, 2020. Furthermore, at least 25 percent of the initial 1,400 residential units developed shall be restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing. (iii) Prior to disposition of the surplus land, the agency adopts written findings that the land is exempt surplus land pursuant to this subparagraph. (iv) Prior to the disposition of the surplus land, the City of require recipient to negotiate a project labor agreement consistent with the local agency's project stabilization agreement resolution, as adopted on February 2, 2021, and any succeeding ordinance, resolution, or policy, regardless of the length of the agreement between the local agency and the recipient. (v) The agency includes in the annual report required by paragraph (2) of subdivision (a) of Section 65400 the status of development of residential units on the former military base, including the total number of residential units that have been permitted and what percentage of those residential units are restricted for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.”; and WHEREAS, the City Property satisfies all the conditions set forth in Government Code Section 54221(f)(1)(M) as follows:
The City Property is located on the former Alameda Naval Air Station (“Alameda NAS”), which has an aggregate area greater than five acres, and is expected to include a mix of residential and nonresidential uses, and is expected to include no fewer than 1,400 residential units upon completion of development or redevelopment on the Alameda NAS; The City Property was conveyed to the City by the United States Department of the Navy pursuant to that certain Memorandum of Agreement for the Conveyance of Portions of the Alameda Naval Air Station dated June 6, 2000.
The City Property is located on the former Alameda NAS and is subject to Article 8 (commencing with Section 33492.125) of Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code.
The affordability requirements for residential units on the Alameda NAS are governed by a settlement agreement entered into on March 20, 2001 (the Renewed Hope Settlement Agreement) which agreement restricts (a) 10% of all residential units development on Alameda NAS to lower income households, as defined in Health and Safety Code Section 50079.5 with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing and (b) 15 percent of all residential units developed on Alameda NAS in accordance with Health and Safety Code Section 33413(b)(2).
The City has granted approvals for developments and has agreements with the developers of those developments that contemplate the development of 2,082 residential units on Alameda NAS, 632 or 30% of which units are required to be occupied by lower income households as defined in Health and Safety Code Section 50079.5 at affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code for a minimum of 55 years and of the initial 1,400 residential units expected to be constructed on Alameda NAS at least 25% are required to be occupied by lower income households as defined in Health and Safety Code Section 50079.5 at affordable rents as defined in Sections 50052.5 and 50053 of the Health and Safety Code for a minimum of 55 years; Upon the City Council’s adoption of this Resolution, the City will have adopted written findings that the land is exempt surplus land pursuant to this Government Code Section 54221(f)(1)(M); As a condition of the conveyance of the Property and prior to disposition of the City Property, the City will require that the purchaser must negotiate and execute a project labor agreement related to development of the City Property consistent with the City’s Project Stabilization Agreement resolution, as adopted on February 2, 2021 and any succeeding ordinance, resolution, or policy regardless of the length of the agreement between the City and the purchaser of the City Property. The City’s current Project Stabilization Agreement resolution applies to, among other projects, leases that include construction projects where the City’s Qualified Shell Improvement Credit exceeds five million dollars ($5,000,000) and the tenant is a for-profit entity; and The City does and shall continue to include, in its annual report required by paragraph (2) of subdivision (a) of Section 65400 of the Government Code, the status of development of residential units on the Alameda NAS, including the total number of residential units that have been permitted and what percentage of those residential units are restricted for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code or lower income households, as defined in Section 50079.5 of the Health and Safety Code; and WHEREAS, the prospective lease covered by this Resolution is subject to separate review and consideration by the City and is not considered final or approved unless or until the City Council is presented with, and affirmatively approves pursuant to the requirements of the Alameda City Charter, a separate hearing item or items for the lease that includes review, evaluation and clearances under all applicable City policies, procedures, ordinances and laws and the requirements of all other applicable local, state and federal laws including, without limitation, the California Environmental Quality Act; and WHEREAS, Government Code Section 54221(f)(2) states that “Notwithstanding paragraph (1), a written notice of the availability of surplus land for open-space purposes shall be sent to the entities described in subdivision (b) of Section 54222 before disposing of the surplus land, provided the land does not meet the criteria in subparagraph (H) of paragraph (1), if the land is any of the following:
(A) Within a coastal zone.
(B) Adjacent to a historical unit of the State Parks System. (C) Listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places. (D) Within the Lake Tahoe region as defined in Section 66905.5.”; and WHEREAS, the City Property is not within a coastal zone; adjacent to a historical unit of the State Parks System; listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places; or within the Lake Tahoe region as defined in Section 66905.5.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND FOUND, by the Council of the City of Alameda that the foregoing recitals are true and correct, together with information provided by City staff and the public, if any, form the basis for approvals, findings, resolutions and determinations set forth below; and BE IT FURTHER RESOLVED, DETERMINED AND FOUND that the City Property is hereby declared “exempt surplus land” based on the findings that all the conditions set forth in Government Code Section 54221(f)(1)(M) have been satisfied; and BE IT FURTHER RESOLVED, DETERMINED AND FOUND that the lease contemplated with Poseidon Tech Corporation, a Delaware Corporation, included as Exhibit B, is compliant with the City’s Project Stabilization Resolution No. 15740 as adopted on February 2, 2021 as it does not contemplate a rent credit exceeding five million dollars ($5,000,000) for Qualified Shell Improvements. As the lease places limits on building improvements by the tenant, future major construction projects by tenant would require a lease amendment, and any succeeding ordinance, resolution or policy would apply; and BE IT FURTHER RESOLVED that the City Council directs the City Manager to submit a copy of this Resolution to the California Housing and Community Development Department (“HCD”) for HCD’s review and approval in accordance with the Section 400(e) of the SLA Guidelines and HCD’s Guide to Exemptions for the Standard Surplus Land Act Process. Final disposition of the City Property shall not occur until at least 30 days after City staff submit a copy of this Resolution to HCD; and BE IT FURTHER RESOLVED that this Resolution has been reviewed in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq., and Title 14 of the California Code of Regulations Section 15000 et seq. (“CEQA” and the “CEQA Guidelines” respectively)). The City has determined that the designation of the City Property as “Exempt Surplus Land” does not have the potential for causing a significant effect on the environment and is, therefore, exempt from review under CEQA Section 21080 and CEQA Guidelines Section 15060(c)(3) because it is not a project as defined in CEQA section 21065 and CEQA Guidelines section 15378. Moreover, adoption of this Resolution by the City Council does not have the potential to result in either a direct physical change or a reasonably foreseeable indirect physical change in the environment. If or when the City Property is disposed of for commercial uses, that future use and the associated discretionary permit(s) will be reviewed and analyzed in accordance with the requirements of CEQA and the CEQA Guidelines; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take such further actions which they may deem reasonably necessary and proper to effectuate the purposes of this Resolution. * * * * *
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 20th day of October 2026 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of October 2026. ________________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
_______________________________
Len Aslanian, Acting City Attorney
City of Alameda
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