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ARRA Resolution 28ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 29 ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES, AND A MITIGATION MONITORING PROGRAM FOR THE CONVEYANCE OF PORTIONS OF NAVAL AIR STATION ALAMEDA WHEREAS, in 1993, the Defense Base Closure and Realignment Commission recommended the closure of the former Naval Air Station Alameda ("NAS Alameda which encompasses the Naval facilities and grounds comprising the western end of the City of Alameda and consists of 1,546 acres of real property, together with the buildings, improvements and related and other tangible personal property located thereon and all rights, easements and appurtenances thereto; and WHEREAS, in accordance with the Defense Base Closure and Realignment Act of 1990, as amended, the authority of the Administrator of General Services under the Federal Prop p y and Administrative Services Act of 1949., .as amended, with respect to the disposal of. surplus real P property at installations closing thereunder has been delegated to the Secretary of Defense and further delegated to the Secretary of the Navy; and WHEREAS, pursuant to the power and authority provided by section 2905.(b)4 of the Defense Base Closure and Realignment Act of 1990, as amended, and the i 9 regulations of the Department of Defense (32 CFR Part 175), the Secretary of the Navy may convey surplus property at a closing installation to the local redevelopment authorit y at no cost for economic development purposes. By application dated October 1997 and amendments to that application dated December 1995, the Alameda Reuse and Redevelopment Authorit p y applied for a No -Cost Economic Development Conveyance of NAS Alameda the "EDC Application to be. used and developed in accordance with the NAS Alameda Community Reuse Plan dated January 1996, as amended in September 1997 prepared by and approved by the Department of Housing and Urban Development on April 23, 1996; and WHEREAS, the United States, acting by and through the Department of the Navy ("Navy has approved the 's EDC Application; and WHEREAS, portions of NAS Alameda will be conveyed directly to the United States Fish and wildlife Service and to the City of Alameda pursuant to a Public Benefit Conveyance by the Navy; and WHEREAS, in accordance with the. provisions of the Community Environmental Response Facilitation Act, the Navy has performed Environmental Baseline Surveys for NAS Alameda, copies of which have been provided to AR.RA. The Navy has prepared or will prepare Findings of Suitability to Transfer and Findings of Suitability for Early Transfer for the various parcels that comprise NAS Alameda, as applicable; and WHEREAS, the ARRA desires to enter into a Memorandum of Agreement Between the United States of America Acting By and Through the Secretary of the Navy United States Department of the Navy and the Alameda Reuse and Redevelopment Authority or Conveyance ance y of Portions of the Naval Air Station Alameda From the United States of America to the Alameda Reuse and Redevelopment Authority; and WHEREAS, the ARRA desires to enter into a Lease in Furtherance of Conveyance Between the United States of America and the Alameda Reuse and Redevelopment Authority for the Former Naval Air Station Alameda; and WHEREAS, in accordance with the provisions of the National Environmental Policy Act, the Navy has prepared an Environmental Impact Statement ("ETS") for the disposal of NAS Alameda. A Record of Decision regarding the disposal of FISC Alameda was issued by the Navy on February 29, 2000; and WHEREAS, in accordance with the provisions of the National Historic Preservation Act, the Navy has determined that the disposal of NAS Alameda will have an effect upon those portions of the property that are eligible for listing in the National Register of historic Places. A Memorandum of Agreement among the Navy, the California State Historic Preservation Officer and the Advisory Council on historic Preservation was executed on October 5, 1999, and sets forth in full the ARRA's obligations under the National Historic Preservation Act and implementing regulations; and WHEREAS, on March 21, 2000 the City Council certified the Final Environmental Impact Report ("ETR") for the Reuse of Naval Air Station Alameda and the Fleet and Industrial Supply Center, .Alameda Annex and Facility (State Clearinghouse #95022105), consisting of the Draft EIR and EIR Response to Comments Addendum, and adopted Findings and a Statement of Overriding Considerations, adopted and incorporated into the project all of the mitigation measures within the responsibility and jurisdiction of the City, and adopted a Mitigation Monitoring Program. NOW THEREFORE BE IT RESOLVER that the Alameda Reuse and Redevelopment Authority having independently considered the environmental effects of the project as shown in the certified Final EIR for the Reuse of Naval Air Station Alameda and the Fleet and Industrial Supply Center, Alameda Annex and Facility, the ARRA hereby: 1. Adopts the Findings and Statement of Overriding Considerations, attached hereto as Exhibit "A for the Project, and 2. Adopts and incorporates into the Project all of the mitigation pleasures within the responsibility and jurisdiction of the ARRA which are identified in the Findings, and 3. Adopts the Mitigation Monitoring Program, attached hereto as Exhibit "B, for the Proj ect, for all of the mitigation measures within the responsibility and jurisdiction of the ARRA. AYES: 5 NOES: 0 AB S ENT 0 ABSTENTIONS: 0 f u sf2 r` Lucretia Aril, Secretary Alameda Reuse Redevelopment Authority Date: Tune 5, 2000 C:\LAKIL\ARRA\RESOLUTN\EJG029A.WPD ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 3 0 CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO. 13 3 2 COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. l 9 5 I OUS rNG AUTHORITY BOARD OF COMMISSIONERS RES OLUTION NO. 7 3 6 AUTHORIZING THE CITY MANAGER., THE EXECUTIVE DIRECTOR OF ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, THE EXECUTIVE DIRECTOR OF THE COMMUNITY IMPROVEMENT COMMISSION AND THE EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY TO EXECUTE AN AGREEMENT TO SETTLE LITIGATION INITIATED BY RENEWED HOPE HOUSING ADVOCATES AND ARC ECOLOGY WHEREAS, Renewed Hope Housing Advocates and Are Ecology filed a lawsuit challenging the certification of the Environmental Impact Report for the Reuse Plan, the NASIFISC and the Alameda Point Improvement Plan; and a WHEREAS, the lawsuit also challenges various actions undertaken by the City of Alameda ("City'), the Alameda +Community Improvement Commission and the Alameda Reuse and �i Redevelopment Authority including the approval of the LAMBRA designation, the approval of the MOU with the U. S Na to receive the transfer of the FIS C and Alameda w NAS Z property, and the approval of the LIFOC for Alameda Point; and WHEREAS, the parties to the litigation have negotiated terms to settle the litigation; and o Vd REAS, the proposed terms of the. settlement of litigation commit each of the P p g City, the CIC, the and the Alameda Housing Authority. ("Housing Authority") to various actions and H obligations; and c.3 WHEREAS, the City, and the CIC, and the ARRA, and the Housing Authority all desire to finally settle and resolve the pending litigation between the parties. NOW, THEREFORE, BE IT JOINTLY RESOLVED by the Council of the City of Alameda, the Alameda Community Improvem ent Con�rnission, the Executive Board of the Alameda Reuse and Redevelopment Authority, and the I- dousing Authority Board of Commissioners that the City Manager, the Executive Director of ARRA, the Executive Director of the CIC and the Executive Director of the Housing Authority respectively. are hereby authorized to .execute the Settlement Agreement on file in the office of the City Clerk and to bind the respective entities to the terms therein. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the City Council, Community Improvement Commission, Alameda Reuse and Redevelop Authority and Dousing Authority Board of Commissioners of the City of Alameda in a special joint meeting assembled on the 20th day of March, 2001, by the following vote to wit: AYES: Councilmembers /Commissioners /Board Members Daysog, Devitt, Johnson, Housing Authority Commissioner Torrey and Mayor /Chair Appezzato 5. NOES: Councilrnember /Commissioner/Board Member Kerr 1. ABSENT: Done. ABSTENTIONS: None. IN WITNESS, wHER EOF, I have hereunto set m hand and affixed the official seal of said City this 21st day of March, 2001. Ram e ato Mayor hair t L cretin Ak 1, Secretary Alameda Reuse and Redevelopment Authori Dian elsch, City Clerk Secretary, Community Improvement Commission Michael Pucci, Director, Secretary Housing Authority