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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 G: \comdev \Base Reuse \Elizabeth Cook \Resolution 1 2 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. G: \comdev \Base Reuse \Elizabeth Cook \ Resolution 1 3 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