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Resolution 14162CITY OF ALAMEDA RESOLUTION NO. 14162 APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT OF THE DISPOSITION AND DEVELOPMENT AGREEMENT (ALAMEDA LANDING MIXED USE PROJECT) WITH PALMTREE ACQUISITION CORPORATION 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 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, 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 Addendum to the 2000 EIR to address any environmental effects of the environmental control system for the 39-unit affordable housing project; and WHEREAS, on December 5, 2006, the City of Alameda approved the Alameda Landing Mixed Use Development Project Final Supplemental Environmental Impact Report (SCH #2006012091) ("SEIR") to the 2000 EIR for the portion of the Catellus Mixed Use Development Project commonly known as the Alameda Landing Mixed Use Development Project; and WHEREAS, on December 5, 2006, the City of Alameda, pursuant to Resolution No. 14050, made certain findings and determinations pursuant to Section 33445 of the Community Redevelopment Law and approved the Disposition and Development Agreement (Alameda Landing Mixed Use Project) ("Alameda Landing DDA") with Palmtree Acquisition Corporation ("PAC"); and WHEREAS, on December 6, 2006, the CIC, pursuant to Resolution No. 06-148, authorized the Executive Director to execute the Alameda Landing DDA with PAC; and WHEREAS, the CIC and PAC executed the Alameda Landing DDA on July 20, 2007; and WHEREAS, on September 24, 2007, the City of Alameda Planning Board approved a first addendum (the "First Addendum") to the SEIR which addresses the impacts of the proposed first amendment ("First Amendment") to the Alameda Landing DDA and other City actions and revises two previously adopted mitigation measures (solely with respect to the wharf and dredging and in-water construction activities) and corrects typographical errors; and WHEREAS, the First Addendum concluded that the proposed First Amendment would not trigger the need for subsequent or supplemental environmental review pursuant to Sections 15162 and 15163 of the California Environmental Quality Act ("CEQA") Guidelines, and Section 21166 of the Public Resources Code; and WHEREAS, on December 4, 2007, following notice duly and regularly given as required by law, the CIC and the City Council held a joint public hearing on the First Amendment and related documents, and heard all interested persons expressing a desire to comment thereon or object thereto, and considered the SEIR and the First Addendum. NOW, THEREFORE BE IT RESOLVED, that the City Council finds the proposed First Amendment to the Alameda Landing DDA 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 City Council hereby approves the First Amendment to the Alameda Landing DDA, a copy of which is on file with the City Clerk's office, subject to any minor conforming, technical or clarifying changes approved by the Executive Director of the CIC and CIC Counsel. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Special Joint Meeting of the City Council, Alameda Reuse and Redevelopment Authority and the Community Improvement Commission on the 4th day of December, 2007, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: ABSENT: None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of December, 2007. Lara Weisiger, City Cle City of Alameda