CIC Resolution 06-149COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. C:6-149
APPROVING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR
THE ALAMEDA LANDING MIXED USE DEVELOPMENT PROJECT AND: 1)
ADOPTING FINDINGS OF FACT REGARDING ENVIRONMENTAL IMPACTS AND
MITIGATION MEASURES; 2) ADOPTING FINDINGS OF FACT CONCERNING
ALTERNATIVES; 3) ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM; 4) ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; 5) AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND
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 (6)
AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A NEW
DISPOSITION AND DEVELOPMENT AGREEMENT WITH PALMTREE
ACQUISITION CORPORATION 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 Catellus Development
Corporation ( "Catellus ") for the sale and development of certain property at the
FISC and East Housing portion of the Naval Air Station; and
WHEREAS, the parties executed the DDA on June 16, 2000; and
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 parties 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, 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, 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, as the Lead Agency, the City Council of the City of Alameda (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 Palmtree Acquisition Corporation for the Sale and Development of the Alameda
Landing Mixed Use Project (the "Proposed 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 parties desire to execute a Fifth Amendment to the DDA 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 a new DDA ("Alameda Landing
DDA") with Palmtree Acquisition Corporation (successor by merger to Catellus) for
the portion of the Catellus Mixed Use Development Project commonly known as the
Alameda Landing Mixed Use Development Project; and
WHEREAS, the FSEIR addresses the impacts of the proposed Fifth
Amendment to the DDA and the proposed Alameda Landing DDA; and
WHEREAS, the CIC is a Responsible Agency, as defined in Section 21069 of
the Public Resources Code, with respect to the proposed Fifth Amendment and
Alameda Landing DDA.
NOW, THEREFORE BE IT RESOLVED, that the CIC, as a Responsible
Agency under CEQA, having reviewed the FSEIR for the Alameda Landing Mixed
Use Development Project and the entire record, and having considered the
environmental effects shown in the FSEIR, hereby approves the FSEIR and makes
the Findings of Fact Regarding the Environmental Impacts and Mitigation Measures
for the Alameda Landing Mixed Use Development Project, labeled as Attachment A
(on file in the City Clerk's Office), makes the Findings of Fact Concerning
Alternatives, labeled as Attachment B (on file in the City Clerk's Office), adopts the
Mitigation Monitoring and Reporting Program labeled as Attachment C (on file in the
City Clerk's Office) and the Statement of Overriding Considerations, labeled as
Attachment D (on file in the City Clerk's Office).
BE IT FURTHER RESOLVED, that the CIC finds the proposed Fifth
Amendment to the DDA 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 a Portion of the FISC
and the East Housing Portion of the Naval Air Station 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 CIC finds the proposed Alameda
Landing DDA with Palmtree Acquisition Corporation for the Sale and Development
of a Portion of the FISC 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 CIC 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 to DDA, 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 providing
the Infrastructure Improvements using tax increment funds. The CIC 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 and facilities that are of benefit to the
BWIP.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive
Director to enter into a Fifth Amendment to the DDA with Catellus for the Sale and
Development of a Portion of the FISC and the East Housing portion of the Naval Air
Station substantially in the form and containing the terms and conditions and
covenants as set out in the Fifth Amendment to the DDA (on file in the City Clerk's
office), subject to any minor conforming, technical or clarifying changes approved by
the Executive Director and CIC Counsel. The Executive Director and Secretary of
the CIC are hereby further authorized and directed to take such further actions and
execute such documents as are necessary to carry out the DDA, as amended by
the Fifth Amendment, on behalf of the CIC.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive
Director to enter into a DDA with Palmtree Acquisition Corporation for the sale and
development of a portion of the FISC substantially in the form and containing the
terms and conditions and covenants set out in the proposed Alameda Landing DDA
(on file in the City Clerk's office), subject to any minor conforming, technical or
clarifying changes approved by the Executive Director and CIC Counsel. The
Executive Director and Secretary of the CIC are hereby authorized and directed to
take such further actions and execute such documents as are necessary to carry
out the proposed Alameda Landing DDA on behalf of the CIC.
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 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: Commissioners Daydog, deHaan, Gilmore, Matarrese,
and Chair Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 6th day of December, 2006.
everly Jo
Communit
nt Commission
)
Lara Weisiger, Secr
Community Improve
rY
nt Commission