CIC Resolution 04-130COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA
RESOLUTION NO. 04-130
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN
OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF
ALAMEDA HOUSING AUTHORITY, COMMUNITY
IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA AND
RESOURCES FOR COMMUNITY DEVELOPMENT FOR THE
DEVELOPMENT OF THE 10 UNIT PROJECT ON CERTAIN REAL
PROPERTY WITHIN THE EAST HOUSING PORTION OF THE
NAVAL AIR STATION AND FISC AND APPROVING THE USE OF
CATELLUS IN -LIEU FUNDS TO BE USED SOLELY FOR
DEVELOPMENT OF THE 10 UNIT PROJECT
WHEREAS, the Affordable Housing Project Site (defined below) is included in
the Alameda NAS Community Reuse Plan (the "Reuse Plan ") that was accepted by the
City of Alameda ( "City ") on January 31, 1996 after several years of public input; and
WHEREAS, the Community Improvement Commission of the City of Alameda
( "CIC ") and Catellus Development Corporation, a Delaware corporation ( "Catellus "),
entered into the Disposition and Development Agreement dated as of June 16, 2000, as
amended (collectively, the "Catellus DDA "), relating to the development of a mixed -use
residential and commercial project (the "Catellus Mixed Use Development ") on certain
real property (the "Property ") commonly known as the East Housing Portion of the Naval
Air Station ( "East Housing ") and Fleet Industrial Supply Center ( "FISC ") located in the
City, County of Alameda, State of California. The Catellus Mixed Use Development and
the Property are more particularly described in the Catellus DDA; and
WHEREAS, on May 13, 2000, the City certified the Final Environmental Impact
Report ( "Final EIR ") of the Catellus Mixed Use Development; and
WHEREAS, on July 17, 2000, the Navy conveyed East Housing to the ARRA by
quitclaim deed; and
WHEREAS, on March 20, 2001, the City, the CIC, the Alameda Reuse and
Redevelopment Authority (the "ARRA "), Housing Authority of the City of Alameda
( "Housing Authority "), Catellus, Renewed Hope Housing Advocates, and Arc Ecology
entered into a Settlement Agreement (the "Settlement Agreement ") relating to the
settlement of the lawsuit that was filed by Renewed Hope Housing Advocates and Arc
Ecology challenging the adequacy under the California Environmental Quality Act
(Public Resources Code § 21000 et seq., hereinafter "CEQA ") of the Environmental
Impact Report for the reuse of the Alameda Naval Air Station and the FISC; and
WHEREAS, pursuant to the Settlement Agreement, and subject to its terms and
conditions, the City, the CIC, the ARRA, the Housing Authority and Catellus agreed to
fund and construct, or cause to be constructed, an affordable housing development (the
"FISC /East Housing Affordable Housing Project ") on a three (3) acre parcel (the
"Affordable Housing Project Site ") within the Property. The FISC /East Housing
Affordable Housing Project, as defined in the Settlement Agreement, consists of
sixty (60) family units of two (2) or more bedrooms; and
WHEREAS, in order to satisfy the Settlement Agreement requirements regarding
the construction of the FISC /East Housing Affordable Housing Project, the CIC and
Housing Authority intend Resources for Community Development ( "RCD ") to develop a
two -phase affordable project on the Affordable Housing Project Site consisting of a first
phase comprised of fifty -two (52) rental units (the "52 Unit Project "), and a second phase
comprised of ten (10) for -sale units (the "10 Unit Project "). The 52 Unit Project and the
10 Unit Project are sometimes collectively referred to herein as the "62 Unit Project "; and
WHEREAS, on August 1, 2001, the ARRA conveyed East Housing to the CIC by
quitclaim deed; and
WHEREAS, on December 18, 2001, the City approved an Addendum to the Final
EIR ( "Addendum ") for the Catellus DDA. The Final EIR and Addendum are referred to
collectively as the "EIR ". On December 18, 2001, the City also approved amendments to
the Catellus master plan and tentative map for the Project by Resolution No. 13423, to
allow the 62 Unit Project to be located on the Affordable Housing Project Site; and
WHEREAS, on July 2, 2002, the CIC and the Housing Authority selected RCD as
the developer of the 62 Unit Project; and
WHEREAS, on March 12, 2003, the CIC conveyed the Affordable Housing
Project Site to Housing Authority by quitclaim deed; and
WHEREAS, on May 27, 2003, the Planning Board of the City approved the
Development Plan and Design Review for the 62 Unit Project by Resolution No. PB -03-
31. On April 26, 2004, by Resolution No. PB -04 -30 the Planning Board of the City
extended the foregoing approvals for one (1) year.
WHEREAS, the City has undertaken, pursuant to CEQA, the required analysis of
the environmental impacts of the 10 Unit Project as a segment of the Catellus Mixed Use
Development, the "Project" analyzed by the EIR, and has determined those feasible
mitigation measures (collectively, the "Mitigation Measures "), which will eliminate, or
reduce to an acceptable level, the adverse environmental impacts of the Project. The City
completed and certified an EIR in connection with the Project. The City has also
adopted statements of fact and findings of overriding considerations for those adverse
environmental impacts of the Project that may not or cannot be mitigated to an acceptable
level. The EIR adequately describes the Project for purposes of CEQA, the 10 Unit
Project is a segment of the Project, and the Owner Participation Agreement ( "OPA ")
which is being entered into based on the CIC's and Housing Authority's determination
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that there are no significant environmental impacts which have not been analyzed
pursuant to the EIR; and
WHEREAS, the City has also adopted a Mitigation Monitoring and Reporting
Program (the "MMRP "), a copy of which is attached to the OPA to ensure that those
applicable Mitigation Measures incorporated as part of, or imposed on the 10 Unit Project
are enforced and completed; and
WHEREAS, the purpose of the OPA is to address the development of the second
phase of the development of the 62 Unit Project, which is the 10 Unit Project. The
development of the 10 Unit Project is in furtherance of and consistent with the Reuse
Plan, the City of Alameda General Plan, and the Community Improvement Plan.
WHEREAS, the CIC has been designated as the official redevelopment agency to
carry out in the City of Alameda the functions and requirement of the Community
Redevelopment Law of the State of Californian (Health and Safety Code Section 33000
et seq.) and to implement the Community Improvement Plan for the Business and
Waterfront Improvement Project ("BWIP"); and
WHEREAS, Section 33071 of the Community Redevelopment Law declares that
a fundamental purpose of redevelopment is to expand the supply of low- and moderate -
income housing; and
WHEREAS, the CIC desires to provide for the construction of a 10 Unit Project
within the BWIP.
NOW, THEREFORE, THE CIC does hereby resolve as follows:
Section 1. Finding: The CIC finds this action to be consistent with the project
evaluated in the EIR and that 1) there are no substantial changes to the project which
would result in the need for major revisions to that EIR, 2) there are no substantial
changes with regard to the circumstances surrounding the proposed action which would
require major revisions to that EIR, and 3) no substantial new information exists which
was not previously known which would show that the project has new significant
environmental impacts, the project's identified impacts are substantially more severe than
previously disclosed, or alternatives or mitigation measures previously found to be
infeasible are in fact feasible and/or would reduce significant environmental impacts
more than previously disclosed, which would require that a new Subsequent or
Supplemental EIR be prepared under section 15162 of the CEQA Guidelines.
Section 2. Action: The CIC hereby authorizes the Executive Director to enter
into the OPA (on file in the Office of the City Clerk) between the CIC, Housing
Authority and RCD for the development of the 10 Unit Project on the Affordable
Housing Project Site, which is a portion of the Property, 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 OPA.
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Section 3. Action: Pursuant to California Redevelopment Law, the CIC
hereby authorizes the use of an amount not to exceed $2 million of Catellus in -lieu funds
to be used solely for development of the 10 Unit Project in accordance with the terms and
conditions of the OPA and related development documents.
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 Community Improvement Commission and Housing Authority Board of
Commissioners meeting assembled on the 15th day of June, 2004, 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 16th day of June, 2004.
Lara Weisiger, Secretary
Community Improvement Commission
Beverly Johnson, Chair
Community Improvement Commission