CIC Resolution 08-155COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 08- 155
APPROVING LETTER OF INTENT BY AND AMONG PALMTREE ACQUISITION
CORPORATION, PERALTA COMMUNITY COLLEGE DISTRICT, AND THE
COMMUNITY IMPROVEMENT COMMISSION AND AUTHORIZING THE CIC TO
ACCEPT THE DEED TO PROPERTY
WHEREAS, the City of Alameda's Stargell Avenue Extension Project
(Project), which involves construction of a new fully signalized intersection at
Webster Street and Stargell Avenue and an extension of Stargell Avenue to
Fifth Street, is critical to the redevelopment of the City's Westside, including
Alameda Landing and Alameda Point; and
WHEREAS, Caltrans has agreed to provide $4 million in State
Transportation Improvement Project (STIP) funds for the Project; and
WHEREAS, the City, the Community Improvement Commission (CIC),
Palmtree Acquisition Corporation (PAC), and the Peralta Community College
District (District) have reached a tentative agreement in the form of a Letter of
Intent under which: (1) the District will gift the right -of -way necessary for the
Project to the City; (2) the District will exchange a 2.3 -acre remainder parcel
that will be created by the transfer of the Stargell right -of -way to the City,
located just north of the new Stargell roadway (Remainder Parcel), for a
building at 860 Atlantic Boulevard in the Marina Village Business Park (860
Atlantic); (3) PAC will facilitate the exchange by assigning its right to buy 860
Atlantic to the District; (4) CIC will take title to the Remainder Parcel; and (5) the
City and PAC will enter into a separate letter agreement granting an access
easement to the CIC over the Remainder Parcel, issuing a Certificate of
Compliance under the Subdivision Map Act that recognizes the Remainder
Parcel as a separate parcel, and designating the uses of the Remainder Parcel
under the Alameda Landing Disposition and Development Agreement; and
WHEREAS, on May 21, 2002, the City Council adopted Resolution No.
13455 adopting the Mitigated Negative Declaration (Negative Declaration) for
the Project) and Findings Demonstrating that All Significant Impacts Can Be
Mitigated to a Level of Insignificance. On February 13, 2006, the City prepared
an addendum letter to the Negative Declaration, which concluded that the
realignment of the Stargell Avenue /State Route 260 approximately 120 feet
south of the location proposed in the 2005 design plans for the Project did not
require subsequent environmental review; and
WHEREAS, on December 5, 2006, the City Council adopted Resolution
No. 14047 certifying the Supplemental Environmental Impact Report (SEIR) for
the Alameda Landing Mixed Use Development Project (Alameda Landing
Project) and adopted Resolution No. 14048 Making Findings Regarding
Environmental Impacts and Mitigation Measures, Making Findings Concerning
Alternatives, Adopting a Mitigation Monitoring and Reporting Program and
Adopting a Statement of Overriding Considerations in Accordance with the
California Environmental Quality Act for the Alameda Landing Project. The
SEIR identified the Project as a mitigation measure for the Alameda Landing
Project and analyzed the impacts of this mitigation measure in conformance
with the requirements of the California Environmental Quality Act. On May 16,
2007, the City Council adopted Resolution No. 14092 finding, among other
things, that the Negative Declaration, Addendum, and SEIR adequately analyze
the impacts of the Project; and
WHEREAS, the District's proposed gift of the right -of -way for the Project
to the City would not require revisions to the Negative Declaration, Addendum,
and SEIR. The City has prepared an Addendum to the SEIR documenting that
the CIC's acquisition of the Remainder Parcel created by the gift of the right -of-
way will not have any significant effects not previously addressed in the
Negative Declaration, Addendum, and SEIR. There have been no substantial
changes in the Project, substantial changes in the circumstances under which
the Project would be undertaken, or significant new information that would
cause new or substantially increased significant environmental effects, and
there is no new information showing new mitigation measures or alternatives
that would substantially reduce significant effects but that the Project proponent
declines to adopt.
NOW, THEREFORE BE IT RESOLVED, that the Community Improvement
Commission approves the Letter of Intent, in the form on file in the City Clerk's
Office, by and among Palmtree Acquisition Corporation, the Peralta Community
College District, and the Community Improvement Commission and authorizes
staff to draft, execute, and implement any agreements consistent with the Letter
of Intent.
BE IT FURTHER RESOLVED, that the appropriate officer or agent of the
Community Improvement Commission is authorized to accept the deed for the
Remainder Parcel.
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, Community Improvement
Commission and the Housing Authority Board of Commissioners on the 6th day of May
2008, by the following vote to wit:
AYES: Commissioners deHaan, Gilmore, Matarrese, Tam
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 7th day of May, 2008.
Beverly Johnson,
Community I
ir .
ehitiCommission
/(f&s
Lara Vveisiger, Secre a
Community Improveme t t ommission