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