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CIC Resolution 03-120COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO.0 3 —12 0 AUTHORIZING THE EXECUTIVE DIRECTOR OF THE COMMUNITY IMPROVEMENT COMMISSION TO ENTER INTO A DISPOSITION AND DEVELOPMENT AGREEMENT WITH CATELLUS DEVELOPMENT CORPORATION AND ADVANCING CALIFORNIA'S EMERGING TECHNOLOGIES (ACET) FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE FLEET INDUSTRIAL SUPPLY CENTER WHEREAS, in accordance with the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq., as it may be amended from time to time) ( "Redevelopment Law "), the City Council of the City of Alameda (the "City ") approved and adopted the Community Improvement Plan (the `BWIP ") for the Business and Waterfront Improvement Project (the "BWIP Project ") on June 18, 1991, by Ordinance No. 2559; and WHEREAS, the BWIP Area is referred to herein as the "Project Area "; and WHEREAS, the Community Improvement Commission of the City of Alameda ( "CIC ") is carrying out the BWIP; and WHEREAS, the purpose of the proposed Disposition and Development Agreement by and among CIC, Catellus Development Corporation and Advancing California's Emerging Technologies (ACET) (hereinafter, "DDA ") is to effectuate the BWIP by providing for the disposition and development of a certain portion of the Project Area (the "Property "). The Property consists of approximately 3.437 -acres of real property located on a portion of the former Fleet Industrial Supply Center, Alameda (the "FISC "); and WHEREAS, the DDA provides for a minimum 35,000 square foot bio- technology incubator development (the "Project ") that is in furtherance of and consistent with the City of Alameda General Plan, and the BWIP; and WHEREAS, the Property was previously subject to a Disposition and Development Agreement dated June 16, 2000, between CIC and Catellus Development Corporation ( "Catellus DDA "), which Catellus DDA was approved at a noticed public hearing in accordance with applicable provisions of the Redevelopment Law; and WHEREAS, the terms for disposition of the Property by CIC to ACET under the terms of the proposed DDA, including the purchase price for the sale of the Property, are the same as under the Catellus DDA; and WHEREAS, pursuant to the DDA, ACET will be obligated to apply for certain environmental and land use approvals and entitlements related to development of the Project (the "Project Approvals ") prior to close of escrow for the Property; and WHEREAS, development of the bio- technology incubator project is consistent with the preliminary development approved for the Catellus Enterprise Landing Business Park pursuant to a Final Environmental Impact Report certified by the City of Alameda May 31, 2000, and Addendum to Final Environmental Impact Report certified on December 18, 2001 (collectively, the "EIR "); and vi �, 2001 wvuvvu y, �, iu WHEREAS, pursuant to section 15162 of the Guidelines for the California Environmental Quality Act (CEQA), no additional environmental review is required unless the Lead or Responsible Agency finds that 1) there are substantial changes to the project which would result in the need for major revisions to the Environmental Impact Report (EIR), 2) there are substantial changes with regard to the circumstances surrounding the proposed action which would require major revisions to the EIR, or 3) there exists substantial new information which was not previously known which would show that the project has new significant environmental impacts, the project's identified impacts are substantially more severe than previously disclosed, or alternatives or mitigation measures previously found to be infeasible are in fact feasible and/or would reduce significant environmental impacts more than previously disclosed; and WHEREAS, the Property has a unique and special importance to the CIC and to the City because of its location, the nature of the improvements and the uses contemplated for the Property, the relationship of the Property to other land within the Project Area, and the substantial expenditures of public funds that have been and will be made within the Project Area. The CIC desires to advance the socioeconomic interests of the City and its residents by promoting the productive use of underdeveloped, former military base property and encouraging quality development and economic growth, thereby enhancing housing and employment opportunities for residents and expanding the City's property tax base; and WHEREAS, the provisions set forth in Section 33433 of the Redevelopment Law pertaining to preparation of a summary report and approval by the legislative body are inapplicable to the approval of the DDA, given that the Property has not been acquired in whole or in part, directly or indirectly, with tax increment monies, but rather has been acquired from the Navy in connection with the closure of the FISC; and WHEREAS, the CIC has determined that by entering into the DDA: (i) the CIC will ensure the productive use of underdeveloped, fouler military base property and foster orderly growth and quality development of the Property; (ii) development will proceed in accordance with the goals and policies set forth in the BWIP; (iii) the City will receive increased tax revenues; and (iv) the City will benefit from increased employment opportunities for residents of the City created by the Project. The Project proposed pursuant to the DDA and the fulfillment generally of the DDA (A) are in the best interests of the City and the health, safety, morals and welfare of its residents; (B) are in accordance with the public purposes and provisions of applicable Federal, state and local laws and requirements; and (C) are consistent with, in furtherance of, and necessary to, the effectuation of the BWIP. NOW, THERFORE BE IT RESOLVED, that the CIC finds this action to be consistent with the project evaluated in the EIR and that 1) there are no substantial changes to the project which would result in the need for major revisions to that EIR, 2) there are no substantial changes with regard to the circumstances surrounding the proposed action which would require major revisions to that EIR, and 3) no substantial new information exists which was not previously known which would show that the project has new significant environmental impacts, the project's identified impacts are substantially more severe than previously disclosed, or alternatives or mitigation measures previously found to be infeasible are in fact feasible and/or would reduce significant environmental impacts more than previously disclosed, which would require that a new Subsequent or Supplemental EIR be prepared under section 15162 of the CEQA Guidelines. BE IT FURTHER RESOLVED, that the CIC finds that the proposed DDA with Catellus Development Corporation and ACET for the Sale and Development of Certain Real Property at the Fleet Industrial Supply Center is consistent with the BWIP and the General Plan of the City of Alameda. BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive Director to enter into the DDA (on file in the Office of the City Clerk) with Catellus Development Corporation and ACET for the Sale and Development of Certain Real Property at the Fleet Industrial Supply Center , subject to any minor conforming, technical or clarifying changes approved by the Executive Director and CIC counsel. The Executive Director is hereby further authorized and directed to take such further actions and execute such other documents, including, without limitation, grant deeds, as are necessary to carry out the DDA. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the 18th day of November, 2003, by the following vote to wit: AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4. NOES: Commissioner Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 19th day of November, 2003. everly J Community ent Commission Lara Weisiger, Secretary Community Improvement Commission