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CIC Resolution 05-134COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 0 5-13 4 APPROVING AND AUTHORIZING EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMISSION AND ALAMEDA ENTERTAINMENT ASSOCIATES, L.P., AND APPROVING CERTAIN MITIGATION MEASURES FOR THE PROJECT AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, the Community Improvement Commission of the City of Alameda ( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the Business and Waterfront Improvement Project (the `BWIP "); and WHEREAS, the City of Alameda ( "City") and the Commission wish to further the City's downtown redevelopment goals by renovating the existing downtown historic Alameda theater, providing for increased retail space and a new multi -plex cinema, and providing for additional public parking within the BWIP; and WHEREAS, the Commission has received a proposed Disposition and Development Agreement ( "DDA ") from Alameda Entertainment Associates, L.P., a California limited partnership ( "Developer "), providing for the redevelopment of that certain real property located on the northeast corner of Central Avenue and Oak Street within the area of the BWIP (the "Site ") for purposes of renovating the historic Alameda theater, constructing new Cineplex and other retail space, and constructing a public parking structure (the "Project "); and WHEREAS, a portion of the Site is owned by the Commission ( "Commission Property") and a portion of the Site is proposed to be acquired by the Commission ( "Acquisition Property"); and WHEREAS, the DDA provides for, among other things: (a) the potential acquisition of the Acquisition Property by the Commission; (b) the ground lease of a portion of the Site to Developer for construction of a new Cineplex and other retail uses ( "Cineplex Parcel "); (c) the Commission's renovation and lease to Developer of the existing historic Alameda theater on the Site (the "Theater Property"); and (d) Commission's construction of a public parking garage on a portion of the Site; and WHEREAS, due to the potential use of federal Housing and Urban Development ("HUD") funds to assist in redeveloping the Project, the Project is subject to both the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), and the National Environmental Policy Act of 1969, Public Law 91 -190 as amended, 42 U.S.C.A. 4321- 4347 ( "NEPA "); and WHEREAS, in accordance with CEQA and NEPA, the City, as proponent of the Project and lead agency under CEQA and as the responsible entity under NEPA, prepared a joint environmental document in the form of a CEQA - authorized Mitigated Negative Declaration and a NEPA- authorized Mitigated Finding of No Significant Impact ( "Mitigated FONSI "), supported by a joint Initial Study/Environmental Assessment (collectively, the "Environmental Documents "); and WHEREAS, under CEQA Commission is a Responsible Agency, as defined in Section 21069 of the California Public Resources Code; and WHEREAS, the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) provides in, Section 33431 that any sale or lease of Commission property may be made only after a public hearing of the Commission after publication of notice as provided by law; and WHEREAS, the Community Redevelopment Law provides in Section 33433 that before any property acquired, in whole or in part, with tax increment monies, is sold or leased for development pursuant to a redevelopment plan, such sale or lease shall first be approved by the legislative body after a public hearing, that notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two (2) successive weeks prior to the hearing, and that the Commission shall make available for public inspection a copy of the proposed sale or lease and a report containing specified information and the financial aspects of the proposal; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Commission 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 Commission; and WHEREAS, notice of a joint public hearing on the DDA and Mitigated Negative Declaration of the City Council of the City of Alameda ( "City Council ") and the Commission was published in the Alameda Journal on April 5, 2005, and April 12, 2005; and WHEREAS, the Commission prepared a report pursuant to Section 33433 of the Health and Safety Code containing a copy of the proposed DDA and a summary describing the cost of the DDA to the Commission, the value of the property interest to be conveyed, the value of the lease payments and other information required by said Section 33433 ( "Report"), and said Report was made available to the public for inspection; and WHEREAS, the City Council and the Commission held a joint public hearing on May 3, 2005, in the City Council Chambers to consider and act on the Mitigated Negative Declaration and disposition and development of the Site pursuant to the DDA. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Commission hereby finds and determines that the acquisition of land for and the costs of the public parking garage are necessary to effectuate the purposes of the Plan, and the Commission is authorized, with the consent of the City Council, to provide the public parking garage. The Commission further fmds and determines that the public parking garage is of primary benefit to the area of the BWIP (`BW1P Project Area "); that no other means of financing the public parking garage is available to the City; and that the payment of funds by the Commission for such public parking garage will assist in eliminating blight within the BWIP Project Area and is consistent with the Commission's Implementation Plan for the BWIP adopted pursuant to Section 33490 of the Community Redevelopment Law ( "Implementation Plan"). These findings and determinations are based upon the following facts: a. The public parking garage is located within the downtown business district of the BWIP Project Area and will, therefore, provide parking needed to serve the retail and commercial businesses within the BWIP Project Area; b. The City has explored and sought other funding alternatives and is requesting HUD funds to assist in paying some of the costs of the public parking garage, however, additional funds are necessary and the City does not have funds available for the additional costs of the public parking garage; c. The public parking garage will eliminate blight by providing adequate land and facilities for parking and stimulating new commercial expansion, employment and economic growth within the BWIP Project Area; and d. The public parking garage is consistent with the Implementation Plan, as the Implementation Plan's goals include the elimination of inadequate public facilities, the provision of adequate land for parking and the strengthening of the economic base of the BWIP Project Area, and one of the programs of the Implementation Plan is the improvement of public facilities, including the development of more public parking. Section 2. The Commission hereby finds and determines that the ground lease of the Cineplex Parcel and the lease of the Theater Property to Developer and development of the Project on the Site pursuant to the DDA will assist in the elimination of blight within the BWIP Project Area and is consistent with the Implementation Plan. This finding is based upon the facts and information contained in the Report. Section 3. The Commission hereby finds and determines that the consideration to be paid by Developer for the ground lease of Cineplex Parcel is not less than the fair reuse value of the Cineplex Parcel at the use and with the covenants and conditions and development costs authorized by the DDA. Commission also fmds that the consideration to be paid,by Developer for lease of the Theater Property is not less than the fair reuse value of the Theater Property at the use and with the covenants and conditions and development costs authorized by the DDA. These findings are based on the facts and information contained in the Report. Section 4. The Commission has reviewed and considered the Mitigated Negative Declaration prepared and adopted by the City (including the comments and responses thereto) and hereby finds and determines that the Project, including the development of the Site pursuant to the DDA, is covered by the Mitigated Negative Declaration relating to the Project, and that the Project incorporates all applicable mitigation measures identified in the Environmental Documents to reduce environmental impacts to less than a significant level. As to such mitigation measures and environmental impacts, the Commission hereby adopts and incorporates by reference herein those CEQA findings and mitigation measures and Mitigation Monitoring Program set forth in City Council Resolution No. 13 8 3 4 Section 5. Commission hereby approves the ground lease of the Cineplex Parcel and the lease of the Theater Property pursuant to the DDA. Commission hereby further approves the DDA substantially in the form attached hereto, subject to any minor conforming, technical or clarifying changes approved by the Executive Director and Commission Counsel. The Executive Director and Secretary of the Commission are hereby authorized and directed to take such further actions and execute such documents as are necessary to carry out the DDA on behalf of the Commission, including without limitation, the leases, deed of trust and all other actions and documents necessary for the acquisition, disposition and development of the Site in accordance with the DDA. Section 6. The Secretary of the Commission is hereby authorized to file a Notice of Determination with the County Clerk of the County of Alameda and the Office of Planning and Research, if applicable, following approval of the Project by the City and adoption of this resolution by the Commission. 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 City Council and Community Improvement Commission meeting assembled on the 3`d day of May, 2005, by the following vote to wit: AYES: Commissioners Daysog, 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 4th day of May, 2005. Lara Weisiger, Secretary Community Improvement ommission B - verly Johnson, Ch Community Im ► rovem