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CIC Resolution 06-149COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. C:6-149 APPROVING A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE ALAMEDA LANDING MIXED USE DEVELOPMENT PROJECT AND: 1) ADOPTING FINDINGS OF FACT REGARDING ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES; 2) ADOPTING FINDINGS OF FACT CONCERNING ALTERNATIVES; 3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM; 4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; 5) AUTHORIZING THE EXECUTIVE DIRECTOR TO AMEND THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH PALMTREE ACQUISITION CORPORATION (SUCCESSOR BY MERGER TO CATELLUS DEVELOPMENT CORPORATION) FOCIL -BP, LLC AND BAYPORT ALAMEDA ASSOCIATES, LLC FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE FLEET INDUSTRIAL SUPPLY CENTER ( "FISC ") AND THE EAST HOUSING PORTION OF THE NAVAL AIR STATION; AND (6) AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A NEW DISPOSITION AND DEVELOPMENT AGREEMENT WITH PALMTREE ACQUISITION CORPORATION FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY AT THE FISC WHEREAS, on May 31, 2000, the City of Alameda certified the Final Environmental Impact Report for the Catellus Mixed Use Development Project ( "2000 EIR "); and 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 ( "DDA ") with Catellus Development Corporation ( "Catellus ") for the sale and development of certain property at the FISC and East Housing portion of the Naval Air Station; and WHEREAS, the parties executed the DDA on June 16, 2000; and WHEREAS, on December 18, 2001, the City of Alameda approved an Addendum to the 2000 EIR to address any environmental effects of the construction of approximately 60 additional residential units; and WHEREAS, the CIC and Catellus executed the First Amendment to the DDA as of December 18, 2001, in order to implement construction of the FISC /East Housing Affordable Housing Project; and WHEREAS, the CIC and Catellus executed the Second Amendment to the DDA as of April 2, 2003, in order to amend the DDA Initial Residential Conveyance Conditions Precedent; and WHEREAS, the parties executed the Third Amendment to the DDA on November 19, 2003, in order to accommodate the construction of facilities for ACET, a nonprofit public benefit corporation; and WHEREAS, on April 26, 2004, the City of Alameda approved a Second Addendum to the 2000 EIR to address any environmental effects of the construction of a stormwater treatment and detention pond, pump station, force main and outfall; and WHEREAS, on September 25, 2006, the City of Alameda approved a Third Amendment to the 2000 EIR to address any environmental effects of the 39 -unit affordable housing project; and WHEREAS, the CIC and Catellus executed the Fourth Amendment to the DDA on August 17, 2005, in order to amend the rights of the CIC to terminate the DDA; and WHEREAS, as the Lead Agency, the City Council of the City of Alameda (the "City Council ") has prepared a Supplemental Environmental Impact Report (the "SEIR ") on the Alameda Landing Mixed Use Development Project (the "Project "), including the proposed Fifth Amendment to the Disposition and Development Agreement by and between the CIC and Catellus (the "Fifth Amendment ") and the proposed new Disposition and Development Agreement by and between the CIC and Palmtree Acquisition Corporation for the Sale and Development of the Alameda Landing Mixed Use Project (the "Proposed DDA ") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq., hereinafter referred to as "CEQA "), the guidelines for implementation of the California Environmental Quality Act (14 California Code of Regulations Sections 15000 et seq., hereinafter referred to as the "State CEQA Guidelines "), and procedures adopted by the City Council relating to environmental evaluation; and WHEREAS, the City of Alameda transmitted for filing a Notice of Completion of the Draft SEIR and thereafter, in accordance with CEQA and the State CEQA Guidelines, forwarded the Draft SEIR to the State Clearinghouse for distribution to those state agencies which have discretionary approval or jurisdiction by law over natural resources affected by the Project and to other interested persons and agencies and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft SEIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, the Draft SEIR was thereafter revised and supplemented to adopt changes, to incorporate comments received during the public review period pursuant to CEQA and the State CEQA Guidelines, and to incorporate the City's responses to said comments, and as so revised and supplemented, a Final SEIR was prepared by the City; and WHEREAS, a joint public hearing was held by the CIC and the City Council on December 5, 2006, on the Project, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the SEIR and all comments and responses thereto have been considered; and WHEREAS, on December 5, 2006, the City of Alameda certified a Final Supplemental Environmental Impact Report ("FSEIR") pursuant to Section 15163 of the California Environmental Quality Act Guidelines, adopted findings regarding environmental impacts, mitigation measures and alternatives, adopted a mitigation monitoring and reporting program and adopted a statement of overriding considerations, which together address the impacts of a proposed revision of a portion of the Catellus Mixed Use Development Project commonly known as the Alameda Landing Mixed Use Development Project; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the CIC is authorized, with the consent of the City Council, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the project area or the immediate area in which the project is located, that no other reasonable means of financing such building, facility, structure or other improvement are available to the community, that the payment of funds for the cost of the building, facility, structure or other improvement will assist in the elimination of one or more blighting conditions inside the project area, and that the provision of the building, facility, structure or other improvement is consistent with the implementation plan adopted by the CIC; and WHEREAS, the parties desire to execute a Fifth Amendment to the DDA in order to limit its applicability to the portion of the Catellus Mixed Use Development Project that is commonly referred to as the Bayport residential project, which is currently under construction, and to enter into a new DDA ("Alameda Landing DDA") with Palmtree Acquisition Corporation (successor by merger to Catellus) for the portion of the Catellus Mixed Use Development Project commonly known as the Alameda Landing Mixed Use Development Project; and WHEREAS, the FSEIR addresses the impacts of the proposed Fifth Amendment to the DDA and the proposed Alameda Landing DDA; and WHEREAS, the CIC is a Responsible Agency, as defined in Section 21069 of the Public Resources Code, with respect to the proposed Fifth Amendment and Alameda Landing DDA. NOW, THEREFORE BE IT RESOLVED, that the CIC, as a Responsible Agency under CEQA, having reviewed the FSEIR for the Alameda Landing Mixed Use Development Project and the entire record, and having considered the environmental effects shown in the FSEIR, hereby approves the FSEIR and makes the Findings of Fact Regarding the Environmental Impacts and Mitigation Measures for the Alameda Landing Mixed Use Development Project, labeled as Attachment A (on file in the City Clerk's Office), makes the Findings of Fact Concerning Alternatives, labeled as Attachment B (on file in the City Clerk's Office), adopts the Mitigation Monitoring and Reporting Program labeled as Attachment C (on file in the City Clerk's Office) and the Statement of Overriding Considerations, labeled as Attachment D (on file in the City Clerk's Office). BE IT FURTHER RESOLVED, that the CIC finds the proposed Fifth Amendment to the DDA with Palmtree Acquisition Corporation (Successor by Merger to Catellus Development Corporation) FOCIL-BP, LLC and Bayport Alameda Associates, LLC for the Sale and Development of a Portion of the FISC and the East Housing Portion of the Naval Air Station to be consistent with the Business and Waterfront Improvement Project, including the Mixed Use Land Use Designation, and the City of Alameda General Plan. BE IT FURTHER RESOLVED, that the CIC finds the proposed Alameda Landing DDA with Palmtree Acquisition Corporation for the Sale and Development of a Portion of the FISC to be consistent with the Business and Waterfront Improvement Project, including the Mixed Use Land Use Designation, and the City of Alameda General Plan. BE IT FURTHER RESOLVED, that the CIC hereby finds and determines that the costs of backbone infrastructure improvements to be funded by the CIC as provided in the DDA, as amended by the Fifth Amendment to DDA, and in the Alameda Landing DDA, including, but not limited to water, wastewater, storm drainage, waterfront park and transportation facilities, (collectively, the "Infrastructure Improvements") are necessary to effectuate the purposes of the Business and Waterfront Community Improvement Plan, and consents to providing the Infrastructure Improvements using tax increment funds. The CIC further finds and determines that the Infrastructure Improvements are of primary benefit to the Business and Waterfront Improvement Project Area (the "Project Area"); that no other means of financing the Infrastructure Improvements is available to the City; and that the payment of funds by the CIC for such Infrastructure Improvements will assist in eliminating blight within the Project Area and is consistent with the CIC's Implementation Plan for the Project Area adopted pursuant to Section 33490 of the Community Redevelopment Law ("Implementation Plan"). These findings and determinations are based upon the following facts: a. The Infrastructure Improvements will provide infrastructure needed to serve the retail and commercial businesses, and residences, within the Project Area; b. The City has explored and sought other funding alternatives for the costs of the Infrastructure Improvements; however the City does not have funds available for the costs of the Infrastructure Improvements, and no other means of financing are reasonably available; c. The Infrastructure Improvements will eliminate blight by providing adequate land and facilities for public access to and use of the Project Area, and stimulating new commercial expansion, employment and economic growth within the Project Area; and d. The Infrastructure Improvements are consistent with the Implementation Plan, as the Implementation Plan's goals include the elimination of inadequate infrastructure, the provision of adequate land for Infrastructure Improvements, and the strengthening of the economic base of the Project Area; and one of the programs of the Implementation Plan is the improvement of public infrastructure and facilities that are of benefit to the BWIP. BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive Director to enter into a Fifth Amendment to the DDA with Catellus for the Sale and Development of a Portion of the FISC and the East Housing portion of the Naval Air Station substantially in the form and containing the terms and conditions and covenants as set out in the Fifth Amendment to the DDA (on file in the City Clerk's office), subject to any minor conforming, technical or clarifying changes approved by the Executive Director and CIC Counsel. The Executive Director and Secretary of the CIC are hereby further authorized and directed to take such further actions and execute such documents as are necessary to carry out the DDA, as amended by the Fifth Amendment, on behalf of the CIC. BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive Director to enter into a DDA with Palmtree Acquisition Corporation for the sale and development of a portion of the FISC substantially in the form and containing the terms and conditions and covenants set out in the proposed Alameda Landing DDA (on file in the City Clerk's office), subject to any minor conforming, technical or clarifying changes approved by the Executive Director and CIC Counsel. The Executive Director and Secretary of the CIC are hereby authorized and directed to take such further actions and execute such documents as are necessary to carry out the proposed Alameda Landing DDA on behalf of the CIC. 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 Meeting of the City Council, Alameda Reuse and Redevelopment Authority and the Community Improvement Commission on the 5th day of December 2006, by the following vote to wit: AYES: Commissioners Daydog, deHaan, Gilmore, 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 6th day of December, 2006. everly Jo Communit nt Commission ) Lara Weisiger, Secr Community Improve rY nt Commission