CIC Resolution 03-119COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO. 03-119
AUTHORIZING THE EXECUTIVE DIRECTOR OF THE COMMUNITY
IMPROVEMENT COMMISSION TO EXECUTE A THIRD AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
COMMUNITY IMPROVEMENT COMMISION OF THE CITY OF ALAMEDA AND
CATELLUS DEVELOPMENT CORPORATION
WHEREAS, on June 1, 2000, the Community Improvement Commission ( "CIC ")
pursuant to Resolution #00 -88 authorized the Executive Director to execute a Disposition
and Development Agreement (hereinafter referred to as the "DDA ") with the Catellus
Development Corporation ( "Developer ") for the sale and development of certain property
at the Fleet Industrial Supply Center and East Housing portion of the Naval Air Station,
the ( "Property "); and
WHEREAS, on June 16, 2000, the parties executed the DDA; and
WHEREAS, the CIC and Developer have entered into other agreements related to
the DDA including a Joint Implementation Agreement dated May 31, 2000, a
Development Agreement dated June 6, 2000, and Construction Reimbursement
Agreement ( "CRA ") dated August 21, 2001 in order to assure the timely and orderly
development of the Property, as contemplated by the DDA; and
WHEREAS, previously on May 13, 2000, the City of Alameda certified the Final
Environmental Impact Report ( "Final EIR ") of the Catellus Mixed Use Development; and
WHEREAS, on December 18, 2001, the City of Alameda approved an Addendum
to the Final Environmental Impact Report ( "Addendum ") for the DDA. The EIR and
Addendum are hereinafter referred to collectively as the "EIR "; and
WHEREAS, on December 18, 2001, the CIC pursuant to Resolution #01 -99
authorized the Executive Director to amend the original DDA, as amended by the First
Amendment to the DDA, to address the Settlement Agreement by and between the City
and Renewed Hope dated March 20, 2001; and
WHEREAS, on December 19, 2001, the parties executed the First Amendment to
the DDA; and
WHEREAS, on March 18, 2003, the CIC pursuant to Resolution #03 -110
authorized the Executive Director to execute a second amendment to the DDA to address
a revised project phasing schedule, shortfall lending by the developer and security to be
provided to developer for funds lent to the CIC for demolition and backbone
infrastructure for the residential project; and
WHEREAS, the primary intent of the Third Amendment to the DDA is to provide
for the release of a 3.437 -acre parcel from Catellus' development obligations pursuant to
the DDA; and
WHEREAS, as part of the approvals for sale and development of the property, the
City has undertaken, pursuant to the California Environmental Quality Act (Public
Resources Code 21000 et seq., hereinafter "CEQA "), the required analysis of the
environmental impacts of sale and development of the property. The EIR adequately
describes the project (sale and development of the property) for purposes of CEQA and
this Third Amendment to the DDA is being entered into based on the CIC's
determination that there are no significant environmental impacts which have not been
analyzed pursuant to the EIR; and
WHEREAS, the CIC has determined that by amending the DDA: The CIC will
further encourage the productive use and timely redevelopment of underutilized former
military base property.
NOW, THERFORE BE IT RESOLVED, that the CIC finds the proposed Third
Amendment to the DDA with the Developer for the Sale and Development of the Fleet
Industrial Supply Center and the East Housing portion of the Naval Air Station to be
consistent with the Business and Waterfront Improvement Project and the City of
Alameda General Plan.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive
Director to enter into the Third Amendment (on file in the Office of the City Clerk) with
Catellus Development Corporation subject to any minor conforming, technical or
clarifying changes approved by the Executive Director and CIC counsel. The Executive
Director is hereby further authorized and directed to take such further actions and execute
such other documents as are necessary to carry out the Third Amendment.
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 Community Improvement Commission meeting assembled on the 18th day of November,
2003, by the following vote to wit:
AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4.
NOES: Commissioner Kerr - 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 19th day of November, 2003.
Lara Weisiger, Secretary
Community Improvement Commission
BeV"Cny Johnson, • Chair
Community Improvem
ission