Resolution 14050CITY OF ALAMEDA RESOLUTION NO. 14050
APPROVING AND AUTHORIZING EXECUTION OF (1) AN AMENDMENT OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT WITH PALMTREE ACQUISITION
CORPORATION (SUCCESSOR BY MERGER TO CATELLUS DEVELOPMENT
CORPORATION) FOCIL-BP, LLC AND BAYPORT ALAMEDA ASSOCIATES, LLC
FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE
FLEET INDUSTRIAL SUPPLY CENTER ("FISC") AND THE EAST HOUSING
PORTION OF THE NAVAL AIR STATION ; AND (2) A NEW DISPOSITION AND
DEVELOPMENT AGREEMENT WITH PALMTREE ACQUISITION CORPORATION
(SUCCESSOR BY MERGER TO CATELLUS DEVELOPMENT CORPORATION)
FOCIL-BP, LLC AND BAYPORT ALAMEDA ASSOCIATES, LLC FOR THE SALE AND
DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE FISC
WHEREAS, on May 31, 2000, the City of Alameda certified the Final
Environmental Impact Report for the Catellus Mixed Use Development Project ("2000
EIR"); and
WHEREAS, on June 1, 2000, the Community Improvement Commission
("CIC"), pursuant to Resolution #00-88, authorized the Executive Director to execute a
Disposition and Development Agreement ("DDA") with Catel lus Development
Corporation ("Catel lus") for the sale and development of certain property at the FISC
and East Housing portion of the Naval Air Station; and
and
WHEREAS, the CIC and Catel lus executed the DDA on June 16, 2000;
WHEREAS, on December 18, 2001, the City of Alameda approved an
Addendum to the 2000 EIR to address any environmental effects of the construction of
approximately 60 additional residential units; and
WHEREAS, the CIC and Catellus executed the First Amendment to the
DDA as of December 18, 2001, in order to implement construction of the FISC/East
Housing Affordable Housing Project; and
WHEREAS, the CIC and Catellus executed the Second Amendment to the
DDA as of April 2, 2003, in order to amend the DDA Initial Residential Conveyance
Conditions Precedent; and
WHEREAS, the CIC and Catellus executed the Third Amendment to the
DDA on November 19, 2003, in order to accommodate the construction of facilities for
ACET, a nonprofit public benefit corporation; and
WHEREAS, on April 26, 2004, the City of Alameda approved a Second
Addendum to the 2000 EIR to address any environmental effects of the construction of
a stormwater treatment and detention pond, pump station, force main and outfall; and
WHEREAS, the CIC and Catellus executed the Fourth Amendment to the
DDA on August 17, 2005, in order to amend the rights of the CIC to terminate the DDA;
and
WHEREAS, on September 25, 2006, the City of Alameda approved a
Third Amendment to the 2000 EIR to address any environmental effects of the 39 -unit
affordable housing project; and
WHEREAS, as the Lead Agency, the City Council has prepared a
Supplemental Environmental Impact Report (the "SEIR") on the Alameda Landing
Mixed Use Development Project (the "Project"), including the proposed Fifth
Amendment to the Disposition and Development Agreement by and between the CIC
and Catellus (the "Fifth Amendment ") and the proposed new Disposition and
Development Agreement by and between the CIC and Palrntree Acquisition Corporation
for the Sale and Development of the Alameda Landing Mixed Use Project (the
"Alameda Landing DDA ") pursuant to the `'California Environmental Quality Act (Public
Resources Code Sections 21000 et seq., hereinafter referred to as "CEQA "), the
guidelines for implementation of the California Environmental Quality Act (14 California
Code of Regulations Sections 15000 et seq., hereinafter referred to as the "State CEQA
Guidelines "), and procedures adopted by the City Council relating to environmental
evaluation; and
WHEREAS, the City of Alameda transmitted for filing a Notice of
Completion of the Draft SEIR and thereafter, in accordance with CEQA and the State
CEQA Guidelines, forwarded the Draft SEIR to the State Clearinghouse for distribution
to those state agencies which have discretionary approval or jurisdiction by law over
natural resources affected by the Project and to other interested persons and agencies
and sought the comments of such persons and agencies; and
WHEREAS, notice to all interested persons and agencies inviting
comments on the Draft SEIR was published in accordance with the provisions of CEQA
and the State CEQA Guidelines; and
WHEREAS, the Draft SEIR was thereafter revised and supplemented to
adopt changes, to incorporate comments received during the public review period
pursuant to CEQA and the State CEQA Guidelines, and to incorporate the City's
responses to said comments, and as so revised and supplemented, a Final SEIR was
prepared by the City; and
WHEREAS, a joint public hearing was held by the CIC and the City
Council on December 5, 2006, on the Project, following notice duly and regularly given
as required by law, and all interested persons expressing a desire to comment thereon
or object thereto have been heard, and the SEIR and all comments and responses
thereto have been considered; and
WHEREAS, on December 5, 2006, the City of Alameda certified a Final
Supplemental Environmental Impact Report ( "FSEIR ")'pursuant to Section 15163 of the
California Environmental Quality Act Guidelines, adopted findings regarding
environmental impacts, mitigation measures and alternatives, adopted a mitigation
monitoring and reporting program and adopted a statement of overriding considerations,
which together address the impacts of a proposed revision of a portion of the Catellus
Mixed Use Development Project commonly known as the Alameda Landing Mixed Use
Development Project; and
WHEREAS, pursuant to Section 33445 of the Community Redevelopment
Law, the CIC is authorized, with the consent of the City Council, to pay all or part of the
value of the land for and the cost of the installation and construction of any building,
facility, structure or other improvement which is publicly owned either within or without a
project area upon a determination , by the City Council that such building, facility,
structure or other improvement is of benefit to the project area or the immediate area in
which the project is located, that no other reasonable means of financing such building,
facility, structure or other improvement are available to the community, that the payment
of funds for the cost of the building, facility, structure or other improvement will assist in
the elimination of one or more, blighting conditions inside the project area, and that the
provision of the building, facility, structure or other improvement is consistent with the
implementation plan adopted by the CIC; and
WHEREAS, the CIC and Palmtree Acquisition Corporation (Successor by
Merger to Catellus Development Corporation) FOCIL -BP, LLC And Bayport Alameda
Associates, LLC desire to execute the Fifth Amendment in order to limit its applicability
to the portion of the Catellus Mixed Use Development Project that is commonly referred
to as the Bayport residential project, which is currently under construction, and to enter
into the Alameda Landing DDA with Palmtree Acquisition Corporation for the portion of
the Catellus Mixed Use Development Project commonly known as the Alameda Landing
Mixed Use Development Project.
NOW, THEREFORE BE IT RESOLVED, that the City Council finds the
proposed Fifth Amendment and the proposed Alameda Landing DDA to be consistent
with the Business and Waterfront Improvement Project, including the Mixed Use Land
Use Designation, and the City of Alameda General Plan.
BE IT FURTHER RESOLVED, that the City Council hereby finds and
determines that the costs of backbone infrastructure improvements to be funded by the
CIC as provided in the DDA, as amended by the Fifth Amendment, and in the Alameda
Landing DDA, including, but not limited to water, wastewater, storm drainage, waterfront
park and transportation facilities, (collectively, the "Infrastructure Improvements ") are
necessary to effectuate the purposes of the Business and Waterfront Community
Improvement Plan, and consents to the CIC providing the Infrastructure Improvements
using tax increment funds. The City Council further finds and determines that the
Infrastructure Improvements are of primary benefit to the, Business and Waterfront
Improvement Project Area (the "Project Area "); that no other means of financing the
Infrastructure Improvements is available to the City; and that the payment of funds by
the CIC for such Infrastructure Improvements will assist in eliminating blight within the
Project Area and is consistent with the CIC's Implementation Plan for the Project Area
adopted pursuant to Section 33490 of the Community Redevelopment Law
("Implementation Plan"). These findings and determinations are based upon the
following facts:
a. The Infrastructure Improvements will provide infrastructure needed to serve
the retail and commercial businesses, and residences, within the Project
Area;
b. The City has explored and sought other funding alternatives for the costs of
the Infrastructure Improvements; however the City does not have funds
available for the costs of the Infrastructure Improvements, and no other
means of financing are reasonably available;
c. The Infrastructure Improvements will eliminate blight by providing adequate
land and facilities for public access to and use of the Project Area, and
stimulating new commercial expansion, employment and economic growth
within the Project Area; and
d. The Infrastructure Improvements are consistent with the Implementation Plan,
as the Implementation Plan's goals include the elimination of inadequate
infrastructure, the provision of adequate land for Infrastructure Improvements,
and the strengthening of the economic base of the Project Area; and one of
the programs of the Implementation Plan is the improvement of public
infrastructure facilities that are of benefit to the BWIP.
BE IT FURTHER RESOLVED, that the City Council hereby approves the
Fifth Amendment to DDA in substantially the form on file with the Secretary of the CIC.
BE IT FURTHER RESOLVED, that the City Council hereby approves the
Proposed DDA in substantially the form on file with the Secretary of the CIC.
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 the Special Joint
Meeting of the City Council, Alameda Reuse and Redevelopment Authority and the
Community Improvement Commission on the 5th day of December 2006, by the
following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese
and Mayor Johnson - 5.
NOES:
ABSENT:
ABSTENTIONS:
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 6th day of December, 2006.
Lara Weisiger, City Cle
City of Alameda