CIC Resolution 03-122COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO. 0 3 -12 2
APPROVING AND AUTHORIZING THE EXECUTION OF A
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF
ALAMEDA AND REGENCY REALTY GROUP, INC., APPROVING
REGENCY'S FINANCING PLANS AND BASIC CONCEPT DRAWINGS
FOR THE PROJECT, AND APPROVING AND CERTIFYING A
MITIGATED NEGATIVE DECLARATION, AND APPROVING CERTAIN
MITIGATION MEASURES FOR THE PROJECT
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 ( "Community Improvement Project "); and
WHEREAS, the Commission has received a proposed Disposition and
Development Agreement ( "DDA ") from Regency Realty Group, Inc. ( "Developer ")
which provides for the acquisition and sale of certain real property located in the City of
Alameda bounded by Blanding Avenue, Tilden Way, and the Oakland Estuary, which, as
and if assembled, is approximately 9.0 acres in size (the "Site ") to the Developer for
construction and installation of an approximately 110,000 square foot community
shopping center consisting of an approximately 58,660 square foot high- quality grocery
store, in -line retail space and office space, out parcel uses and appurtenant on -site and
off -site improvements (the "Project "); and
WHEREAS, the Commission has prepared an initial study /environmental
checklist ( "Initial Study ") pursuant to the California Environmental Quality Act
( "CEQA ") to deteiniine whether the Project would have any significant impact on the
environment; and
WHEREAS, based on the results of the Initial Study, the Commission, as the lead
agency, prepared a Mitigated Negative Declaration ( "Mitigated Negative Declaration "),
which has been available for public review and submitted to and considered by the
Commission and City Council in connection with the Project; 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 summary
of the financial aspects of the proposal; and
WHEREAS, notice of a joint public hearing by the City Council of the City of
Alameda ( "City Council ") and the Commission was published in the Alameda Journal on
November 18th and November 25th, 2003; and
WHEREAS, the Commission has prepared a report ( "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 purchase price and other infoiniation required by
said Section 33433, and said Report was made available to the public for inspection; and
WHEREAS, on December 2, 2003 the Commission and the City Council held a
joint public hearing to consider and act on the Mitigated Negative Declaration and the
disposition and development of the Site pursuant to the DDA.
WHEREAS, pursuant to sections 203 and 205 of the DDA, Developer has
submitted to Commission a proposed financing plan dated December 2, 2003 ( "Financing
Plan ") and basic concept drawings dated October 15, 2003 ( "Basic Concept Drawings ")
for the Project.
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
and assembly of the Site, the sale of the Site to the Developer, and development of the
Project on the Site pursuant to the DDA will assist in the elimination of blight within the
Community Improvement Project area. This finding is based upon the fact that the Site is
being sold for purposes of redevelopment by the Developer in accordance with and in
implementation of the Plan. This finding is further based upon the additional facts and
information contained in the Report.
Section 2. The Commission hereby finds and determines that the
consideration for the Site to be paid by the Developer pursuant to the DDA is not less
than the fair reuse value at the use and with the covenants and conditions and
development costs authorized by the sale. This finding is based upon the facts and
information contained in the Report.
Section 3. The Commission has reviewed and considered the information
contained in the Mitigated Negative Declaration and comments received during the
public review process and hereby approves the Mitigated Negative Declaration and
certifies that the Mitigated Negative Declaration has been completed in compliance with
the requirements of CEQA, the State CEQA Guidelines and local procedures adopted by
the City pursuant thereto.
Section 4. Based upon the Mitigated Negative Declaration and comments and
testimony received pertaining thereto, the Commission hereby finds and determines that
there is no substantial evidence that the Project will have a significant effect on the
environment and the Mitigated Negative Declaration reflects the Commission's
independent judgment and analysis.
Section 5. The Commission Secretary is hereby designated as the custodian
of the documents and other materials which constitute the record of proceedings upon
which the Commission's approval and certification of the Mitigated Negative Declaration
is based.
Section 6. For purposes of reporting on and monitoring the mitigation
measures, the Commission hereby adopts the mitigation monitoring program included as
part of the Mitigated Negative Declaration.
Section 7. The Commission Secretary is 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 the adoption by the City Council of this
Resolution.
Section 8. The Commission hereby approves the Developer's Financing Plan
and Basic Concept Drawings for the Project.
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 2nd
day of December, 2003, by the following vote to wit:
AYES: Commissioners Daysog, Gilmore, Kerr, 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 3`d day of December, 2003.
Lara Weisiger, Secretary
Community Improvement Cormission
Be�erly Johnson;.,Chair
Community IMprov menl =Commission