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Resolution 14201CITY OF ALAMEDA RESOLUTION NO.142 O 1 APPROVING A RIGHT OF WAY CONTRACT BETWEEN THE CITY OF ALAMEDA AND THE PERALTA COMMUNITY COLLEGE DISTRICT FOR THE STARGELL EXTENSION PROJECT WHEREAS, the City of Alameda's Stargell Avenue Extension Project (Project), which involves construction of a new fully signalized intersection at Webster Street and Stargell Avenue and an extension of Stargell Avenue to Fifth Street, is critical to the redevelopment of the City's Westside, including Alameda Landing and Alameda Point; and WHEREAS, Caltrans has agreed to provide, $4 million in State Transportation Improvement Project (STIP) funds for the Project conditioned on Caltrans certification that the Project complies with Caltrans regulations and the approval of the STIP grant by the California Transportation Commission; and WHEREAS, the City and the Peralta Community College District (District) have reached an agreement in the form of a Right, of Way Contract under which the District will gift the right -of -way necessary for the Project to the City; and WHEREAS, on May 21, 2002, the City Council adopted Resolution No. 13455 adopting the Mitigated Negative Declaration (Negative Declaration) for the Project and Findings Demonstrating that All Significant Impacts Can Be Mitigated to a Level of Insignificance. On February 13, 2006, the City prepared an addendum letter to the Negative Declaration, which concluded that the realignment of the Stargell Avenue /State Route 260 approximately 120 feet south of the location proposed in the 2005 design plans for the Project did not require subsequent environmental review; and WHEREAS, on December 5, 2006, the City Council adopted Resolution No. 14047 certifying the Supplemental Environmental Impact Report (SEIR) for the Alameda Landing Mixed Use Development Project (Alameda Landing Project) and adopted Resolution No. 14048 Making Findings Regarding Environmental Impacts and Mitigation Measures, Making Findings Concerning Alternatives, Adopting a Mitigation Monitoring and Reporting Program and Adopting a Statement of Overriding Considerations in Accordance with the California Environmental Quality Act for the Alameda Landing Project. The SEIR identified the Project as a mitigation measure for the Alameda Landing Project and analyzed the impacts of this mitigation measure in conformance with the requirements of the California Environmental Quality Act. On May 16, 2007, the City Council adopted Resolution No 14092 finding, among other things, that the Negative Declaration, Addendum, and SEIR adequately analyze the impacts of the Project; and WHEREAS, the District's proposed gift of the right -of -way for the Project to the City would not require revisions to the Negative Declaration, Addendum, and SEIR. There have been no substantial changes in the Project, substantial changes in the circumstances under which the Project would be undertaken, or significant new information that would cause new or substantially increased significant' environmental effects, and there is no new information showing new mitigation measures or alternatives that would substantially reduce significant effects but that the Project proponent declines to adopt. NOW, THEREFORE BE IT RESOLVED, that the City Council approves the Right of Way Contract between the City and the Peralta Community College District, in the form on file in the City Clerk's Office, and authorizes Debra Kurita, City Manager, to execute and implement the Right of Way Contract and any other documents required to obtain Caltrans certification of the Project. 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, Community Improvement Commission and the Housing Authority Board of Commissioners on the 6th day of May, 2008, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of May, 2008. None. Lara Weis ger, City City of Alameda