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2010-10-05 Packet
f I 1 6 1-Y UZ) 111 Authority of the City of Alameda 701 Atlantic Avenue Alameda, California 94501 -2161 TEL: (510) 747 -4300 FAX: (510) 522 -7848 TDD: (510) 522 -8467 DATE TIME I- OCATION REGULAR MEETING OF THE BOARD OF COMMISSIONERS Tuesday, October 5, 2010, 6:59 PM City Hall, Council Chambers, Room 399, 2263 Santa Clara Ave., Alameda, CA Welcome to the Board of Commissioners of the Housing Authority of the City. o of Alameda meeting. Regular Board of Commissioners meetings are held on .the first .Tuesday of each quarter in the Council Chambers at City Hall. Public Participation Anyone wishing to address the Board on agenda items or business. introduced. by Commissioners may speak for a maximum of three minutes per agenda item when. the subject is before the Board. Please file a speaker's slip with the Housing Authority Executive Director if you Irish to address the Board of Commissioners. PLEDGE OF ALLEGIANCE 1. ROLL CAL Board of Commissioners 2. CONSENT CALENDAR Consent Calendar items are considered routine and will be approved or accepted by one motion unless a request for removal for discussion or explanation is received from the Board of Commissioners or a member of the public. 2 -A. Award the contract to Sun Water Solar for an amount not to exceed $152,900, including contingencies, to install a solar thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza. (HABOC) Regular Meeting of the Board of Commissioners October 5, 2010 I 1. Increase the Fiscal Year 2011 CIP ABD3 -10 budget by $27,900 for the installation of a thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza. 2. Award the contract to sun Water solar for an amount not to exceed $152,900, including contingencies, to install a solar thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza. 3. Authorize the Executive Director to execute the contract with sun water solar. 2 -B. Adopt the Resolution to Approve Revision No. 1 for Housing Authority Fiscal Year 2011 Budget. 3. AGENDA None. 4. ORAL COMMUNICATIONS, Non Agenda (Public Comment) 5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners) 6. ADJOURNMENT Note: Materials related to an item on this agenda submitted to the Board of Commissioners after distribution of the agenda packet are available for public inspection in the Housing Authority of the City of Alameda, 701 Atlantic Avenue, Alameda, CA 94501 during normal business hours. Sign language interpreters will be available on request. Please contact Carol Weaver, Secretary, at 747 -4325 voice or 522 -8467 TDD at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities (including those using wheelchairs) is available. Minutes of the meeting are available in large print. Aud iotapes of the meeting are available on request. Please contact Carol weaver at 747 -4325 voice of 522 -8467 TDD at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. i aZ�.. j'�r� G►' 1 t CITY OF ALAMEDA •CALIFORNIA IF YOU WISH To ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Assistant City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally 3. Applause and demonstration are prohibited during Council meetings AGENDA REGULAR MEETING OF THE CITY COUNCIL TUESDAY OCTOBERS 2010 --7:00 P.M. [Note: Regular Council Meeting convenes at 7:00 pm, City Hall, Council Chambers, corner of Santa Clara Avenue and oak Street] The Order of Business for City Council Meeting is as follows: 1. Roll Call 2. Agenda Changes 3. Proclamations, Special Orders of the Day and Announcements 4. Consent Calendar 5. City Manager Communications 6. Regular Agenda Items 7. Oral Communications, Non Agenda (Public Comment) 8. Council Referrals 9. Council Communications (Communications from Council) 10. Adjournment Public Participation Anyone wishing to address the council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the Subject is before Council. Please file a speaker's slip with the Assistant city Clerk if you wish to address the city Council. REGULAR MEETING OF THE HOUSING AUTHORITY BOARD 6:59 P.M. OF COMMISSIONERS, CITY COUNCIL C HAMBERS Separate Agenda SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA 7:01 P.M. REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1 ROLL CALL City Council 2. AGENDA CHANGES 3. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 3 -A. Proclamation Declaring October as Disability Awareness Month. 3 -B. Proclamation Declaring October 0, 2010, as Housing Authority Appreciation Day for Seventy Years of Service to Lower Income Alameda Residents. (Housing Authority) 3 -C. Proclamation Recognizing October 3 through October 9, 2010 as Public Power Week: Alameda Municipal Power Helps our Community in Powerful ways. (Alameda Municipal Power) 3 -D. Presentation by East Bay Regional Park District on Crown Beach Sand Replacement. 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4 -A. Minutes of the Special City Council Meeting Held on September 9, 2010 and the Regular City Council Meeting Held on September 21, 2010. (City Clerk) 4 -B. Bills for Ratification. (Finance) 4 -C. Recommendation to Adopt Plans and Specifications and Authorize a Call for Bids for the Annual Fuel Delivery, No. P.W. 09- 10 -22, and Amend the Contract in the Amount of $200,000, Including Contingencies, with Valley oil Company for the Annual Fuel Delivery Through December 31, 2010. (Public Works) 4 -D. Recommendation to Authorize Administrative Approval of Down Payment Assistance Loans of up to $80,000. (Housing Department) 4 -E. Final Passage of ordinance Amending ordinance No. 1277, N.S. to Rezone Approximately .085 Acres Located at 709 Lincoln Avenue APN 073 041 801 400 from CC- Community Commercial Zoning District, to R -5, General Residential Zoning Designation. (Community Development) 5. CITY MANAGER COMMUNICATIONS (Communications from City Manager) 5 -A. Presentation on Public Power Week and Energy Awareness Month Activities for October. 5 -B. Presentation on the City's Affordable Housing Development Pipeline. 6. REGULAR AGENDA ITEMS 6 -A. Adoption of Resolutions Appointing Fayleen Allen as a Member of the Housing Commission (Tenant Seat); and Nancy Lewis as a Member of the Library Board. 6 -B. Public Hearing to Consider Adoption of Resolution Certifying the Final Environmental Impact Report for the Boatworks Residential Project,. Adopting Findings and a statement of overriding Considerations for the Boatworks Residential Project Reduced Density Alternative, Adoption of Resolution Adopting General Plan Amendments Related to open Space and Residential Development on the Northern Waterfront, Introduction of ordinance Amending g Ordinance No. 1277, N.S., to Rezone Parcels Located at 2229 Through 2235 Clement Avenue, APNS 071- 0289 -05 and 071 0290 -01 from M -2 General Industrial (Manufacturing) District and R-2/PD (Two Family Residence Planned Development District) to open Space (0) and R -2 /PD (Two. Family Residence Planned Development District); Adoption of Resolution Uphcldi ng the Planning Board's Decision to Deny the Boatworks Residential Project Planned Development and Design Review (PLN08- 0160); and Recommendation to Approve a Settlement Agreement Pertaining to the Redevelopment .of Pro perty Y Located at 2229 Clement Avenue. (Community Development) Continued from September 21, 2010. [In conjunction with Joint Item 2 -B] 6 -C. Public Hearing to Consider Adoption of Resolution Approving Tentative Parcel Map No. 9876 Planning Application No. PLN09 -01 85 a Parcel Map for the Proposed Subdivision of the Site at 2318 Pacific Avenue. into Two Parcels. (Community Development) Continued from September 21, 20100 7. ORAL COMMUNICATIONS, NON AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not on the agenda 8. COUNCIL REFERRALS Matters placed on the agenda by a Councilmember may be acted upon or scheduled as a future agenda item 8 -A. Consider Taking Action Regarding Calming Traffic on Residential Streets that Have Become overburdened, Used as "Cut- Throughs" or Experience other Traffic Problems. (Councilmember Matarrese) 9. COUNCIL COMMUNICATIONS (Communications from Council) Councilmernbers can address any matter, including reporting on any Conferences or meetings attended 9 -A. Consideration of Mayor's Nomination for Appointment to the Social Services Human Relations Board. 9 -B. Mayor's Report on Meeting with Supervisor Lai- Bitker Regarding County Elvis Contract. 10. ADJOURNMENT City Council Materials related to an item on the agenda are available for public inspection in the City Clerk's Office, City Fall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available 0 Minutes of the meeting available in enlarged print a Audio Tapes of the meeting are available upon request Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting i ce. N y :s;� a r Y CITY OF ALAMEDA CALIF SS SPECIAL JOINT MEETING OF THE CITY COUNCIL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY AND COMMUNITY IMPROVEMENT COMMISSION CIC TUESDAY OCTOBER 5, 2010 7 P.M. Location city council chambers, city Hall, corner of Santa Clara Ave and oak street Public Participation Anyone wishing to address the city Council /Board /Commission on agenda items or business introduced by the city Council /Board /Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the City Council /Board /Commission. Please file a speaker's slip with the Assistant city clerk if you wish to speak. RO LL CALL city council, ARRA, CIC 2. CONSENT CALENDAR 2 -A. Minutes of the Special Joint City Council and Community Improvement Commission Meeting of September 7, 2010. [City Council and CIC] (City Clerk) 2 -B. Recommendation to Approve a Settlement Agreement Pertaining to the Redevelopment of Property Located at 2229 Clement Avenue. [CIC] (Community Development) [In conjunction with City Council Agenda Item 6 -B] 3. CITY MANAGER COMMUNICATIONS (Communications from city Manager) 3 -A. Receive a Report on the status of America's cup 34 [City Council, ARRA, CIC] 4. AGENDA ITEM 4 -A. Adoption of Resolutions Approving and Authorizing Execution of the Ferry Service Operations Transfer Agreement. [City Council, ARRA] (Public Works) 5. ADJOURNMENT city council, ARRA, CIC .y. r. :G y Beverl J n M y or Chair, ARI&4nd Cit AL r 7 6o"%rt�� 70 amd4t�,A&mcd4 o sI F meda Authorit-v of the City of 701 Atlantic Avenue Alameda, California 94501 -216.1 Tel: (510) 747.4300 Fax: (51 0)522 -7848 TDD: (510) 522 -8467 To: Honorable chair and Members of the Board of Commissioners From: Ann Marie Gallant Interim chief Executive officer Date: October 5, 2010 Re: Award the Contract to Sun water Solar for an Amount Not to Exceed $152,900, Including contingencies, to Install a Solar Thermal System to Supplement the Existing Domestic water Heating System at Anne B. Diament Plaza. Anne B. Diament Plaza is a 55 unit senior complex located at 920 Park Street. The Housing Authority pays the cost of all utilities for these units. Natural gas, which is used for both water and space heating, represents a significant potion of these costs. The Fiscal Year 2011 Capital Improvement Project (CIP) budget includes the installation of a solar thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza (201 CIP #ABD4 10), which also qualifies for PG &B's recently initiated Solar Thermal Rebate Program. DISCUSSION On August 1 3, 2010, the Housing Authority issued a Request for Proposals (RFP) for installation of a solar thermal system at Anne B. Diament Plaza. A public notice was placed in the local newspaper and on the Housing Authority's website. In addition, all companies that have requested placement on the Housing Authority's list of potential contractors for this type of work, and all Alameda contractors with a relevant business license, were contacted about the RFP. A pre bid conference was held on August 18, 2010, to provide interested contractors the opportunity to inspect the site. Three contracting firms attended this pre -bid conference. On September 7, 2010, three bids were received and publicly opened, and the results are as follows: CONTRACTOR LOCATION BID AMOUNT Solarix Systems San Francisco, CA $138 Sun Water Solar Richmond, CA $139,000 Aztec Solar Rancho Cordova, CA $144 HABOC Item #2 -A CC 10-5-10 Honorable Chair and October 5, 2010 Members of the Board of Commissioners Page 2 of 2 Solarix Systems did not meet the proposal submittal requirements, and therefore its proposal has been deemed non responsive. Staff analyzed the remaining proposals, checked references, made site visits of completed projects, and determined that Sun Water Solar meets the requirements of the RFP and provides the most cost effective system. This system is projected to reduce natural gas usage by 378,000 cubic feet per year and carbon dioxide emissions by 57,300 lbs annually. PG&E has indicated that, to their knowledge, this would be the first multi family residential solar thermal domestic hot water system in Alameda, with a projected payback time of 12 years. FINANCIAL IMPACT The budget provides $125,000 for the installation of a supplemental solar hot water system, which will need to be increased by $14,000. Additionally, a ten percent contingency ($13,900) is recommended for potential Change orders which will increase the contract to a not to exceed .amount of $152,900. This cost will eventually be reduced by the final amount of the PG &E Solar Thermal rebate, which is expected to be approximately 30% of the project cost, or $41,x'00. Therefore, the final subsidized cost of the system will be approximately $9',300. RECOMMENDATION 1. Increase the Fiscal Year 2011 CIP #ABD4 -10 budget by $27,900 for the installation of a thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza. 2. Award the contract to Sun water Solar for an amount not to exceed $152,900, including contingencies, to install a solar thermal system to supplement the existing domestic water heating system at Anne B. Diament Plaza. 3. Authorize the Executive Director to execute the contract with Sun Water Solar. Respectfully subm, tted Michael T. Pucci Executive Director Exhibit: 1. Contract with Sun Water Solar on file in the City Clerk's office 70 14e4� wo. us g in 0 Authorl of the City o f Al ameda 701 Atlantic Avenue -Alameda, California 94501 Tel: (510) 747 -4300 Fax: (510)522 -7648 TDD: (510) 522 -8467 To: Honorable chair and Members of the Board of commissioners From: Ann Marie Gallant Interim chief Executive officer Date: October 5, 2010 Re: Adopt the resolution to Approve Revision No. 1 for Housing Authority Fiscal Year 2011 Budoet BACKGROUND On April 0, 2010, the Board of Commissioners passed and approved a two -year operating budget for all .programs covering the two fiscal years starting July 1, 2010 and ending June 30, 2012. The budget for the fiscal year, July 1, 2010, to June 30, 2011, was prepared more than six months ago and needs to be updated for several reasons. The Housing Authority's acquisition of the properties formerly owned by the Filipino American Community Service Agency (FACSA), An internal reorganization, Capital improvement Project (CIP) changes, and other income and expense changes. DISCUSSION Several operating and capital budget changes have occurred since the original budget was adopted. Anew updated budget (Exhibit 1) needs to be approved to reflect these circumstances. This proposed budget update will add the two properties approved for purchase from FACSA. Operating and capital improvement expenses are added for both the Sherman Street and Lincoln Avenue properties under the HA -Owned fund. Depreciation of these properties and minor operating adjustments have increased revenues and expenses for the HA -Owned fund. The Housing Authority completed an organizational study that made a variety of recommendations. The addition of the Housing Development Division has added a layer of responsibility for some managers. The community Development Program Manager also is being transferred to the Housing Authority and will be added to the Schedule of Authorized Positions. The retirement of the Housing Authority Manager for Managed Housing has left a gap that the remaining managers have filled. They have taken over responsibility for the tasks of that division as well as the associated staff. A review of the affected division managers is taking place. In the meantime, the revised HABOC ltem #2 -B C 10-5-10 Honorable chair and October 5, 2010 Members of the Board of Commissioners Page 2 of 3 assignments result in a redistribution of expenses between funds. The Section 8 fund shags an increase in expenditures for salaries and benefits; however, when all funds are looked at as a whole, there is no change. The result of this movement is that tiro. of the division managers have acquired a high number of staff members who directly report to them. According to the organizational study, this results in inefficiencies. The organizational study makes some recommendations to resolve these and other issues that are .being reviewed. The proposed budget increases. the. travel :and training line item by $5,000. The additional funding will provide. Fair l- -lousing training for all Housing Authority staff and will allow more Commissioners. and staff. to attend the National association of Housing and Redevelopment officials (NAHRO) Conference in Reno, Nevada. The. Dousing Authority will receive an .Award of Excellence at this NAH FAO. conference, and the .chair or another Board member may be interested in atte.nding.. This will provide a good opportunity fo a new Housing Commissioner to. receive NAH RO's "New Commissioner" training, a less expensive location than in previous years. The proposed budget would increase attendance by one Commissioner and one.staff. Rehabilitation of the Sherman Street property, is recommended to be added as a Capital Improvement Project (CIP) to the budget '(SHM1 -11), This. project will be funded by Community Development Block. Grant Recovery (CDBG -R) stimulus funding ($.360,000) and replacement reserves ($40,000). The scope of work includes the removal of lead- based paint and asbestos; replacement of the kitchen and bathroom cabinets and counter tops, tub surrounds and shower control valves, and single paned windows with dual paned windows; and painting the, interior and exterior of all nine units. The proposed budget recommends replacing the roof at the Sherman Street property (SHM2-1 1). The cost of this CIP project will covered'by. HOME funds ($74,500). The scope of work is for the removal of the existing tar and gravel roof and the installation of an insulated cool roof to provide additional insulation for this flat roof structure. Additional funding, if available, will be used to ,construct a garbage enclosure for the complex. At Stanford House, the proposed budget revision would add a CIP to rebuild the exterior staircase (SH.3-11, $15,000). The existing staircase has developed dry rot in the structural supports and is not designe.dJo.current building codes. This .staircase is the sole access for -.Unit D, currently vacant. This proposed .Extraordinary Maintenance Project (EMP) includes architectural plans, demolition and reconstruction of the exterior staircase in compliance with current building codes. All changes to the Schedule of EMP and CIP Projects is attached (Exhibit.2). The Housing commission had the opportunity to review the proposed budget revision at its meeting on September 15, 2010. The Commission recommends adoption of the resolution to approve the budget revision. Honorable Chair and Members of the Board of Commissioners F 15CAL I M PACT October 5, 2010 Page 3 of 3 The result of the proposed budget changes would be to increase the budgeted operating income (surplus). The surplus would increase from $1,088,117 for the fiscal year ending June 30, 2011, to $1,106,156, if this budget revision is approved by the Board of Commissioners. The cost of EMPIC1Ps will be covered by cash generated from ongoing property operations, a CDBO -R grant of $360,846, and a HOME grant of $74,500. RECOMMENDATION Adopt the Resolution to approve Revision Number 1 for Housing Authority Fiscal Year 2011 budget. MTP:AOIED Attachments: 1. Proposed Budget Revision No. 1 spreadsheet 2. Proposed Schedule of EMP and CI P Projects TOM 4-0 Somp* .0 0 Moons X w -e� con 4-o L-t (V G G3 ►NA4 -w 4-o C 4� INC c 9�1, N r- CIS c N G ("ll �r In r.. 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C) Exhibit 2 PROPOSED REVISIONS TO SCHEDULE OF EMP AND CIP PROJECTS JULY l 2010 -JUNE 30, 2011 (FY201 1) Exhibit 2. to Agenda Item 92 -B CC 10-5-10 HABOC HOUSING AUTHORITY OF THE CITY OF ALAMEDA Resolution No. ADOPTING BUDGET REVISION NO. 1 FOR FISCAL YEAR 2010 -2011 WHEREAS, the Board of Commissioners of the Housing Authority of the city of Alameda has reviewed the Fiscal Year 2010 -2011 proposed budget revision number 1 for the Housing choice voucher and other programs; and WHEREAS, the Board of Commissioners finds that the proposed budget revision reasonable and representative of estimated income and expenditures and necessary for the efficient and effective operations of all its programs; and Novi, THEREFORE, the Board of commissioners of the Housing Authority of the City of Alameda hereby approves and adopts the revised Housing Authority budget. ATTEST: Beverly Johnson, chair Michael T. Pucci Executive Director/Secretary Approve as to Form ASSISTANT GENERA COUNSEL W}( DR EA S the month of October has been designated National Disability Awareness Month; and W }{F/�EA$, Disability Awareness Month was first recognized on August 11, 1945, by a joint resolution of the United States Congress as the National Employment of the Physically Handicapped Week; and W 7{E/�EA5, the Alameda Municipal Code was amended in 2004 to establish the Commission on Disability Issues. NOW, TWE"REFOIRE 3E IrIZESOLVED that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim the month of October 2010, as D bs�Uil+.ty fl wa,YP� ya� M oiith/ in the City of Alameda and all residents to join me in commemorating this occasion. B e J (0) son City Council Y Agenda Item #3 -A 10 -05 -10 74QvWAAq/,a athorWy wn,may in the City of Alameda and ask everyone to join me in expressing appreciation to the Dousing Authority for 70 years of service to lower income Alameda residents. I ask all residents to continue to work with the City of Alameda and the Housing Authority as we City Council Agenda item ##3 10-05-10 WYEIREAS, the residents of Alameda place a high value on l ocal control over community services and therefore have chosen to operate a community- owned, locally controlled, not --for prof electric utility and, as consumers and owners of the electric utility, have a direct say in utility operations and policies; and BE Ir FU' 'RESOLVED, that the community joins hands with more than 2,000 other public power systems in the United States in this celebration of public power and recognition that Alameda Municipal Power is good for consumers, business, the community, and the nation; and BE Ir TUIR7WEIR "RESOLVED, that I, Beverly J. Johnson, Mayor of the City of Alameda, do hereby proclaim the week of October 3 through 9 be designated the 24th annual Pwt)-U� Po -wor weekzolo in order to honor Alameda Municipal Power for its contributions to the community and to make its consumer- owners, policy makers, and employees more aware of its contributions to their well being and how it makes their lives powerful; and invite all Alameda residents, businesses, civic groups, government agencies, ther or anizations to participate. City Council ve T o son Ag enda Item ##3 --C y 10- 05 -10 w r r w i i� AT Mild w o ymn CA A Ak NO Jil w btt AIR 61 HIM -M Us oil aim. IMIL Pill wo pop. 11. V al ail Ar BNS A ITS &V Ev Q- i s P at- In Rill W HI lip L QV O N O N W B W BQR 1 0 Uss M 1RUIRZA funi �-tnafl- Hat am VIM is Sao oil ulwil ;H eft 1s; I wt NO E HT K L L U t UL U IT "T jig Ml ply! Oil 0-01 L I oil Was Nan S Main S i S J s F ASH a 4 Q. i --,a r Drip E $3 o I ww L ns ti al o ail- pr MK I L- F ill F F l Met 7 MT _o 2 I I;o LH m Ed tl LU�� C a� U W= �Q 4mo O a� C [a ct ;-.4 r j::: s:� 0 Ct r4 ct 4-4 ct ct 0 ct >-t V-0 u a) 'No ct ct ct ct ct CIO rwM4 Ct ct O O OHO 00 00 00 0 r N U u Z O H U H z CA w�OC wcn� CA �Q xzH w w H Z a w O �aav C) C) N C) C) C) N CO d7 C4 O O N N N O U tQ O m to U N O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O (A'b) awnlon y N r J C N tQ 00 N 00 Q m r O to to U 00 cD O 0 N N N O U to N m tQ U Q ti ti dev F 7 IL% ti 41AA -04 L4 OPFJ F ed tv� A L L ti titi ti ti Ell. EMU r-� r� r� S AAOIIIAA LU LU z __j LU 0 OiS Cl NV l9 ti Ivo IPL ti r 9 A UNAPPROVED MINUTES of THE SPECIAL CITY COUN MEETING THURSDAY- SEPTEMBER9,2010- -6:00 P.M, Mayor Johnson convened the meeting at 6:13 p.m. Roil Call Present: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson 4. Absent: None. (10 -432) Vice Mayor deHaan inquired whether the matter could be addressed in open session. The City Attorney responded although the Brown Act provides an exception to permit a Closed Session for discussion of initiation of litigation, the Council can decide to have the presentation in open session; inquired whether outside Counsel Michael Colantuono could give his presentation in open session. Mr. Colantuono responded the matter could be addressed in open session if the Council wishes. Councilmember Matarrese moved approval of holding the matter in open session. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote 6. Public Comment Speakers: Diane Lichtenstein, Homes; Kate Quick, Alameda; Luann DeWitt, Alameda; Dana Sack, Piedmont; Jeff Mitchell, Alameda; Jeptha Boone, Alameda; Donna Vaughn, Alameda; Barbara Kahn, Alameda; Honora Murphy, Alameda; Joe Cloren, Alameda; Jon Spangler, Alameda; Ashley Jones, Alameda; Rosemary McNally, Alameda; Kurt Libby, Alameda; Reyla Graber, Alameda; Dorothy Freeman, Alameda; Nancy Gordon,. Alameda; and Nancy Hird, Alameda. (10-432 A) Conference with Legal Counsel Anticipated Litigation; Initiation of litigation pursuant to subdivision (c) of Section 64966.9; Number of cases: one The Mayor and Councilmembers each made comments regarding the investigation of Councilmember Tam and the District Attorney's decision not to submit the matter to the Grand Jury. In response to Mayor Johnson's request, Mr. Colantuono summarized what he would be presenting. Special Meeting Alameda City Council September 9, 2010 Ma Johnson in whether the Council wishes to proceed with the presentation. The Council a to proceed with the presentation. Mr. Colantuono g ave a presentation. Followin Council discussion, Councilmember Matarrese moved approval of not takin an action. Vice Ma deHaan seconded the motion. Followin further Council discussion, Councilmember Gilmore re that the motion be restated. Councilmember Matarrese stated the motion is that the Cit take no action as recommended. On the call for the q uestion, the motion carried b unanimous voice vote 5. Councilmember Matarrese stated there is open information; that he thinks it is appropriate that it be reviewed to see if it constitutes new evidence; he would like that brou back to Council before an further is pursued. The Council discussed the Charter re that g ives the Cit Mana authorit to investi and the expenditure of funds. Adjournment There bein no further business, Ma Johnson adjourned the meetin at7:49 p.m. Respectfull submitted, Lara Weisi Cit Clerk The a for this meetin was posted in accordance with the Brown Act. Special Meetin Alameda Cit Council 2 September 9, 2019 UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL ME ETING TUESDAY- SEPTEMBER 21 2010- -7 :00 P.M. Mayor Johnson convened the meeting at 7 :15 p.m. Councilmember Matarrese led the Pledge of Allegiance. ROLL CALL Present: Councilmembers deHaan, Gilmore, Matarrese, Tarn and Mayor Johnson 5 Absent: done. AGENDA CHANGE (10- Mayor Johnson announced that the Public Hearing to Consider Resolution Certifying the Final Environmental Impact Report [paragraph no. I and Public Hearing to Consider Resolution Approving Tentative Parcel Map [paragraph no. would be continued to October 5. Councilmember Matarrese announced that Considering Taking Action Regarding Calming Traffic [paragraph no. was to be placed on the October 5 agenda; requested that the Request for Settlement [paragraph no. be addressed in Closed Session. Mayor Johnson inquired whether having a Closed Session on the item would be possible. The Risk Manager responded generally, settlements need to be done within two to four weeks; stated if not, the issue would go to trail, which would put the city in a bad economic situation. Mayor Johnson Inquired whether waivers would be needed to discuss the issue in public. The Risk Manager responded that he cannot go into detail because of confidentiality. Councilmember Matarrese stated that he cannot make an informed decision or ask questions without the benefit of discussion. The City Attorney stated the name of the employee and nature of the injury cannot be discussed [in open session]; however, information provided in the staff report can be discussed. The Risk Manager stated the employee could be identified if he explains ghat happened. Regular Meeting Alameda City council September 21, 2010 Mayor Johnson stated council would not be doing due diligence by making a decision based on a general statement. Councilmember Matarrese moved approval of scheduling the Request for Settlement Authority [paragraph no. in Closed Session as soon as possible. Mice Mayor deHaan seconded the motion, which carried by unanimous voice vote 6. PROCLAMATIONS SPECIAL ORDERS OF THE DAY ANNOUNCEMENTS 10 Proclamation Declaring October 6, 2010 as Alameda's Walk and Roll to School Day. Mayor Johnson read and presented the proclamation to Audrey Lord Hausman. Ms. Lord Hausman thanked everyone who makes the event happen; stated that she looks forward to seeing everyone on October 6 10- Presentation of Certificate of Appreciation from the U.S. Census Bureau. The city clerk presented the certificate on behalf of the U.S. census Bureau. 10- Cynthia Wasko announced that Alameda has been named one of the Nation's QO Best Communities for Young People; provided a press release. Mayor Johnson thanked everyone for all the hard work in contributing to make Alameda a better place for youth; stated the recognition is great. CONSENT CALENDAR Mayor Johnson announced that the Recommendation to Authorize the Interim City Manager to Negotiate [paragraph no. and Resolution Approving a Project Operating Agreement [paragraph no. were removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the consent calendar. Councilmember Tam seconded the motion, which carried by unanimous voice vote 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] *10- M inutes of the Regular City council Meeting of September 7, 2010. Approved. *10- Ratified bills in the amount of 1 ,81 5,376.97. 10 Recommendation to Accept the Quarterly Sales Tax Report:. Accepted. Regular Meeting Alameda city Council 2 September 21, 2010 *10- Recommendation to Accept the Quarterly Treasury Report. Accepted. 10- Request for Settlement Authority of Workers' Compensation Claim #ALAO- 004385. Not heard. *10- Recommendation to Award a First Amendment in the Amount of $53,385 to Suarez and Munoz Construction, Inc. for the Webster Streetlwilver "Willie" Stargel Avenue Intersection Project Landscape and Irrigation Improvements, loo. P.W. 00-00 8. Accepted. 10- Recommendation to Authorize the Interim City Manager to Negotiate and Execute the Fifth Amended Joint Exercise of Powers Agreement between the City of Alameda and East Bay Municipal Utility District. Accepted. Councilmember Tam noted that she would recuse herself and left the dais. Councilmember Gilmore inquired how much the East Bay Municipal Utility District (EBMUD) is paid for system maintenance. The Public Works Director responded EBMUD is paid over $750,000 per year for water consumption. Councilmember Gilmore inquired whether some of the $750,000 is offloaded to tenants. The Public works Director responded tenants pay towards water consumption, which is outlined in leases; stated the $x`50,000 is what the Alameda Reuse and Redevelopment Agency (ARRA) pays for water used at Alameda Point; each tenant has a rate that is charged to lease revenue. Councilmember Gilmore inquired whether Alameda Point meters are separate. The Public Works Director responded not all meters are separate; stated EBMUD does not read individual meters, only the master meter; EBMUD wants to know when larger tenants would be individually metered. Councilmember Gilmore inquired whether water leaks are charged to the master meter. The Public Works Director responded in the affirmative; stated recently, the wharf had leaks; BBMUD's policy states a bill will be reduced by half if a water leak is documented; the other [EBMUD] payment is for ongoing water facility repair and maintenance; the Public Works Department does not have the expertise to maintain and repair water lines; EBMUD is paid anywhere between $100,000 to $300,000 per year for repairs; water main breaks have lessened over the years. Councilmember Gilmore stated EBMUD fixes water main breaks on the main island; Regular Meeting Alameda City Council 3 September 21, 2010 inquired whether the service is built into rates. The Public Works Director responded a full, ongoing water system maintenance rate pays for Alameda Point water main breaks; stated EBMUD is charging twice because the water system is not up to standards; that he does not feel the full consumption rate should be paid because some percentage should take care of ongoing water main repairs; that he will be discussing the matter with EBMUD. Vice Mayor deHaan inquired ghat upgrading Alameda Point would entail. The Public works Director responded EBMUD would like to work with the City on updating an Alameda Point facilities study done by the Navy fourteen years; the study identified projects, including water tank removal that was part of the fire suppression system; cross contamination is a concern; a water main extension on Fox Avenue has been completed; EBMUD typically adds fast flow preventers to prohibit contamination. Councilmember Gilmore inquired who would pay for things that need to be done. The Public Works Director responded ARRA; stated the question for EBMUD is ghat needs to be done now in light of future Alameda Point redevelopment; putting in improvements that would not be used later would not make sense. Vice Mayor deHaan moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote —4. Abstention. Councilmember Tam 1. *10- Resolution No. 14489 "Authorizing the Interim City Manager to Submit an Application to the Bay Area Air Quality Management District's Fiscal Year 2010 7 2011 Transportation Fund for Clean Air Regional Fund for $430,000, Provide $x-3,000 in Special Transportation Projects and Programs Funds for the Local Match, and Execute all Necessary Documents for an Estuary Crossing Bicycle /College Shuttle." Adopted. (1 Resolution No. 14490 "Approving a Project operating Agreement with the East Bay Regional Communications System Authority." Adopted. Councilmember Gilmore inquired how much would be left in the fund [City's Equipment Replacement Internal Service Fund] after paying for the system and whether the City's computer upgrades would be affected. The interim City Manager responded in the negative; stated $3.'1 is projected for the fund this year; staff will determine department charge back costs for the next three to five years once budget forecasts are reviewed. Councilmember Gilmore moved adoption of the resolution. Regular Meeting Alameda City Council 4 September 21, 2010 Councilmember Matarrese. seconded the motion, which carried by unanimous voice vote 5. CITE' MANAGER COMMUNICATIONS 10- Police Department Explorer Program The Acting Police Chief gave a Power Point presentation. [Mayor Johnson stated having Explorers check out uniforms may be better [than allowing uniforms to be taken home]; inquired what staff would look for in a background Check; stated that she does not want people to think that a perfect record is necessary for participation; the proposed program could turn a youth around. The Acting Police Chief responded a person cannot have criminal convictions; stated the background check would involve talking to family, neighbors, and teachers to ensure that the participant is responsible. Councilmember Matarrese stated the process sounds more like a reference check rather than a background check, to which the Acting Police Chief concurred. Councilmember Tara inquired whether less people are going into the police academy. The Acting Police Chief responded in the negative; stated there is a growing need for police academies. Vice [Mayor del -laan inquired how many explorers would be in the Explorer Post. The Acting Police Chief responded the Post would have no limit; stated participation would be encouraged; staff would need to ensure that the number of participants is manageable. Mayor Johnson thanked the Police Department for taking the initiative; stated the program will be good for the youth. 10- Communication on Alameda Branch of the Amateur Radio Emergency Service and Fire Department The Deputy Fire Chief gave a brief presentation. Mayor Johnson stated that ham operators are very enthusiastic to participate. The Deputy Fire Chief stated the Citizens' Emergency Response Team (CERT) and ham operators have a close connection; ham operators are very mobile. Councilmember Matarrese inquired what is the timeframe for getting the IMemoradum of Regular Meeting Alameda City Council 5 September 21, 2010 Understanding (MOU) signed and testing the network. The Deputy Fire Chief responded the MOU should be signed within two weeks; stated capabilities will be tested in the upcoming November [Disaster Preparedness] exercise. Vice Mayor deHaan inquired whether the network would be capable of overlapping with other cities. The Deputy Fire chief responded in the affirmative; stated worldwide capabilities enable reaching out much farther than the normal radius. Councilmember Gilmore stated that she is glad to see the network happening; local radio operators perform their own drills and have been pushing for a closer relationship with the city; having a volunteer citizens group take on the issue would be very impressive; the city would have a great opportunity to take advantage of home -grown talent. 10- September 3 Correspondence from Alameda County Health Care Service Agency Regarding Emergency Medical Services [EMS] Contract Speakers Supervisor Alice Lai Bitker; Jon Spangler, Alameda; Alex Briscoe, Director of Alameda county Health Care Services Agency (submitted letter); Domenick weaver, IAFF. Following Mir. Briscoe's comments, the Interim city Manager stated that she received an email from Dale Fanning, Acting Assistant EMS Director, advising that the $840,000 annual payment to the county as noted in the staff report has gone up to approximately $857,000. Councilmember Gilmore inquired whether the county would not be obligated to provide Advanced Life support (ALS), but the city would still be able to provide Basic Life Support (BLS) if the county revokes the City's EMS license, to which Mr. Briscoe responded said statement is generally correct. Councilmember Gilmore inquired whether county counsel contends that voter approval would not be needed if the city annexed into the system; stated the staff report implies that voter approval would be needed. Mr. Briscoe responded that his understanding is that voter approval would not be needed. Mayor Johnson inquired whether Alameda residents would pay a fee and not have to vote on the matter if the Joint Powers Authority (JPA) expanded, to which Mr. Briscoe responded in the affirmative. Mayor Johnson stated that she and supervisor Lai- Bitker sit on the JPA for lead Regular Meeting Alameda city Council 6 September 21, 2010 abatement; she recalls that voters would need to vote to start charging a fee when new cities join the JPA. The Interim City Manager Stated the two issues need to be differentiated; one would be a vote to annex into the EMA District and the the would be to assess property owners. Mayor Johnson stated that is what she is saying; residents could not be assessed a fee without voter approval. Councilmember Tangy stated that she differentiates the JPA from special assessment districts; inquired whether Alameda is the only City out of the fourteen Alameda County cities not in the EMS District, to which Mr. Briscoe responded in the affirmative. Councilmember Tangy inquired ghat are the Proposition 218 assessment restrictions; stated that she assumes residents would pay some parcel assessment if the City were annexed; inquired whether the assessment would require a vote of the electorate based upon County legal counsel. Mr. Briscoe responded Council could take action to annex the City into the EMS District without voter approval. Mayor Johnson stated that Council is not disagreeing with the annex issue, but questions the assessment issue. Mr. Briscoe stated that commenting on the assessment issue is not within his Scope. 'Dice Mayor deHaan stated the initial Contract stated the City would pay the County $030,000 annually; the amount has escalated to $840,000. The Interim City Manager stated the amount has increased to approximately $857,000 based on the Consumer Price Index (CPI). Vice Mayor del -laan inquired what is the basis for the increase. Mr. Briscoe responded the increase is in context of health care costs rising five times the amount of wages. Councilmember Tam stated page 20 of 30 of the proposed contract states. "This amount will be paid annually, in quarterly installments to the County to compensate the County for services it provides to Contractor. The amount is $857,830.98 annually. County may increase this amount subject to any Cost of Living Adjustment imposed by the Alameda County Board of Supervisors on the annual assessment paid by property owners with the Alameda County Emergency Medical Services District. The amount may also be adjusted based on a change in the number of benefit units within the Exclusive operating Area (EOA) 11 the letter [from Alameda County Health Care Services] states that the City has failed to provide 911 response time information; Regular Meeting Alameda City Council 7 September 21, 2010 requested an explanation of protocol for submitting information; stated the City provided information up to a certain point and then stopped. Mr. Briscoe responded Monday's meeting would be a better time to go into detail of ghat is required; stated currently, the only outstanding data is the second quarter response tinges, which was due August 1 enforcement action is difficult without a Contract. Councilmember Tam inquired whether the City would be fined $50.00 per day for every missed deadline if there was a Contract. Mr. Briscoe responded that he believes so; stated the City enjoys one of the fastest response tunes in the County; the City's Fire Department has the potential to be.one of the best EMS service providers in the County; the County does not have access to enforcement, oversight, or management measurement mechanisms. Councilmember Matarrese stated having the City be the best EMS service provider in the County is not a potential, but a reality. Councilmember Gilmore stated the [Alameda County Health Care Services] letter notes that the Fire Department would be required to share an appropriate. nurner of ambulance calls with other ambulance companies that wish to provide services in Alameda if the County removes Alameda's EOA destination; recently, the County contracted with Paramedics Plus for Countywide responses; inquired whether "other ambulance companies" would mean other ambulances that service the area. Mr. Briscoe responded the Interim City Manager is in receipt of communication from Paramedics Plus and American Medical Response; stated both ambulance companies have stated that cheaper and better service cannot be provided in comparison to the City's Fire Department]. Councilmember Matarrese stated requiring the Fire Department to share an appropriate number of ambulance calls seems counter productive if the Fire Department can provide better and cheaper service than a private contractor; direction should be given to preserve the service level. Following Mr. weaver's comments, Councilmember Gilmore directed that the item come back as an action item at the first Council meeting in October so Council can make a decision; stated that her preference is to preserve service; she would like. to know how the $6.6 million [annual cost for providing the ALS program] is calculated; that she recalls the cost being $4.2 million in past discussions; inquired where the extra. $2.4 million comes from; stated collection rates were discussed approximately one year ago; inquired what are the ambulance service collection rates; Council has not been satisfied with collections rates and has directed staff to find another collection entity to get a higher [collection] percentage; that she recalls the collection rate was under 50 the 1989 staff report assumed a 75% collection rate; that she does not think the [current] Regular Meeting Alameda City Council 8 September 21, 2010 collection rate is at 75%; residents use County services; the City should find a way to pay for the services; that she is bothered by the three options because the options are presented as financial calculations; information is not provided regarding impacts; inquired ghat would happen to response tunes if the County. provided ALS services; stated the issue is not just dollars and cents; two- thirds of the City's calls for service are medical; inquired how many calls utilize ALS versus BLS services; stated that she cannot see going to a lesser service if ALS service is utilized; inquired whether more overtime would be needed; inquired what was the glitch in not reporting on the last 9 response calls. Councilmember Matarrese inquired whether the $6.6 million [annual cost in providing the ALS program] is the result of $2.3 million in recovered revenues for ambulance transport services and $4.3 being contributed from the General Fund, to which the Interim City Manager responded in the affirmative. Councilmember Matarrese inquired whether the City would lose $2.3 million in revenue if the City's ambulance service ceases. The Interim City Manager responded the City would lose $Z.3 million in revenue; however, fire staffing demands would be less; $6.6 million is the total cost for the services. Councilmember Matarrese stated that he agrees with Councilmember Gilmore; the item needs to be brought back with accounting data in order to snake a decision. Councilmember Tam stated the 1983 memo [from the Assistant City Manager] is very helpful; the community cannot afford to have the Contract in a log jammed position .for something as important as ambulance service; in 1982, voters voted 8.0% .tp. establish a paramedic service and bring critical life saving medical treatments to. the City; the vital service is worth the added cost, especially since Alameda has the highest percentage of people over 65 years old; BLS is not sufficient; the Fire Department can provide a service level that surpasses the County's response times; the County is offering a solution through annexation; Alameda is the last City holding out on being part of the EMS District; Measure P funds should be used to help pay for the difference between service costs and insurance reimbursements; ALS service is the highest priority for community public health and safety and is a must have; stated that she would like to direct the City to enter into negotiating a contract. Vice Mayor deHaan stated Council has had prior Closed session discussions on legalities of the matter, which have not been flushed out; elements need to be understood before moving forward; Alameda's service level is superior; the County believes that the City has fallen into a $6.6 million hole; legal and financial information is needed; that he is not sure whether said information can be discussed in open session. The City Attorney stated that she has not seen the County counsel opinion regarding the County's obligation under State law to provide ambulance services, which Regular Meeting Alameda City Council 9 September 21, 2010 specifically includes ALS and BLS services; she is not clear whether County counsel has seen her attorney client privileged opinion provided to Council; the County is obligated under State law to provide ALS service one way or another; the breakdown has been in negotiating a reasonable cost; the breakdown has extended for five years; granting counties sole authority to set parameters and standards as well as provide EMS services, specifically ALS service, would be anomalous under State law; nothing in State law allows a county to collect service fees from a city. Mayor Johnson requested that Mr. Briscoe obtain an opinion on the issue from County counsel. Councilmember Vlatarrese moved approval of directing staff to meet with County staff, the Mayor, and County Supervisor to flesh out legal opinions on both sides,. provide cost and service level breakdowns, report back to Council in Closed Session regarding legal opinions before the next Council meeting, and discuss the issue in open session to provide direction on options with additional points of added clarity regarding finances and detailed service levels. Councilmember Gilmore stated Council sees the issue as a very high priority; that .she understands the matter is a legal issue, but Council needs to get past the matter; health, life, and safety are at stake; the community needs to have the comfort that Someone will be there when a 911 call is placed; a Contract needs to be executed. Councilmember Tarn inquired whether Councilmember Matarrese's motion is one of process to get more information, negotiate, and come back to Council. The City Attorney responded no action can be taken on the item. Councilmember Matarrese restated that his motion is to give direction to have the County Supervisor, Mayor, and staff flush out financial and legal obligations, bring the matter back to Council in Closed Session to discuss legal obligations and strategies, and come back to discuss and take action on the matter in open session at the next Council meeting. Councilmember Gilmore stated that she wants the matter to come back sooner rather than later; various funding mechanisms would need to be determined if the Contract goes forward. Mayor Johnson inquired whether direction is clear, to which the Interim City Manager responded in the affirmative. Vice Mayor deHaan stated the $857,000 cannot be taken lightly. Councilmember Gilmore stated the $857,000 is not the only issue. 10- Harbor Bay Parkway Bay Friendly Landscape Median Project Regular Meeting Alameda City Council 10 September 21, 2010 April Philips, April Philips Design Works, gave a Power Point presentation. Councilmember Tara left the dias at 8:51 p.m., dice Mayor deHaan left the dias at 8:52 p.m., and both returned at 8:53 p.m. Mayor Johnson inquired whether plants would be planted through cardboard. Ms. Philips responded small plants would be planted above the cardboard; stated larger plants would be planted through the cardboard. Mayor Johnson stated landscaping should be changed in other areas also. Ms. Philips stated Harbor Bay Parkway is committed to having future green and Leadership in Energy and Environmental Design (LEED) certified projects. Vice Mayor deHaan inquired whether plants would have the same beneficial value [as grass] in absorbing carbon. Ms. Philips responded more carbon would be absorbed because grass would not be ripped up; stated a carbon sink would be created by having grass decompose into the soil; carbon is released when soil is disturbed. Councilmember Matarrese stated lawns photosynthesizes carbon dioxide to oxygen; plants would be just as green; inquired whether any gravel or chips would be used, which would take away the photosynthesis, to which Ms. Philips responded the area would have more bio mass and absorb more carbon. Councilmember Matarraese stated the area has a huge ground squirrel problem; inquired whether cardboard would alleviate the problem. Ms. Philips responded the cardboard should not make the problem worse; stated a few lavender plants were lost when Peet Is Coffee was landscaped. REGULAR AGENDA ITEMS (1 0- Public Hearing to Consider Adoption of Resolution Certifying the Final Environmental Impact Report; Adopting Findings and a Statement of overriding Considerations, and Adopting Mitigation Monitoring Program; Adoption of Resolution Amending the General Plan; Introduction of ordinance Amending the zoning Ordinance; Adoption of Resolution Upholding the Planning Board Resolution to Deny PLN 08 -0160, and Approval of a Settlement Agreement Pertaining to the Redevelopment of Property Located at 2229 Clement Avenue. (Community Development) Regular Meeting Alameda City Council September 21, 2010 Continued to October 5, 2010. 10- Public Hearing to Consider Introduction of Ordinance Amending Municipal Code Sections 30 -17.9 (Requests for Incentives or Concessions for Sites with a Commercial or Mixed Use Zoning Designation) and 30 -17.10 (Incentives or Concessions Defined) of Section 30 -17 (Density Bonus Ordinance) of Chapter XXX (Development Regulations Article 1 Zoning Districts and Regulations) that Allows Caps or Limits on Concessions and Incentives for Density Bonus Projects on Sites with a Residential General Plan or Zoning Designation. Introduced. The Planning Service Manager gave a brief presentation and outlined acceptable changes proposed by the Alameda Architectural Preservation Society (AAPS). Mayor Johnson stated ensuring that the lot size reduction is as clear as possible would be good. Speaker Christopher Buckley, AAPS. Mayor Johnson inquired whether lot coverage would be left at 40 to which the Planning Services Manager responded in the affirmative. Vice Mayor deHaan inquired whether setbacks would be left at 40% also, to which the Planning Services Manager responded in the affirmative. Mayor Johnson stated three feet is not that much and should be the minimum. The Planning Services Manager stated a developer would not be prevented from requesting a waiver; the idea is to direct developers towards waivers that staff would consider favorably. Councilrnember Matarrese stated having two adjacent, nonconforming properties could end up with a foot and a half setback; an absolute number is needed. The Planning Services Manager stated a five -foot minimum is already in the code; the Zoning Code establishes the minimum standard; waivers of any standard can be requested under State law; State laver gives very little leeway to say no; the concession and incentive list is steered towards waivers or standards that staff would be most comfortable with; heights are not on the list because staff does not want to encourage tall buildings. Councilmember Matarrese stated older neighborhoods have all wood houses close together; averaging side yards with an empty lot in between would end up with close houses, which would become a health and safety issue; identifying a five -foot minimum would shove that the City is not interested in averaging out. Regular Meeting Alameda City Council 12 September 21, 2010 The Planning Services Manager stated the second reading [of the ordinance] could clarify that reducing the minimum side yard setback beyond the existing standard is not something the City is interested in doing at all. The city Attorney stated Density Bonus Law allows a developer to get a certain number of Incentives or concessions; the number of incentives and concessions is limited; saying no to incentive or concession requests is difficult; the proposed ordinance provides some guidance; waivers are different. Councilmember Matarrese stated the proposed ordinance should guide array from having houses a foot apart. The city Attorney stated the provision could be struck entirely. Mayor Johnson concurred that the provision be struck. Councilmember Tam moved introduction of the ordinance as corrected. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote 5. (1 0- Public bearing to Consider Resolution Flo. 14491 "Adopting General Plan Amendment (PLN10-0041) to Amend the General Plan Land Use Diagram to change the Designation for one .085 Acre Parcel Located at 709 Lincoln Avenue (APN 073 041801400) from Community Commercial to Medium Density Residential." Adopted; and Introduction of ordinance Amending ordinance loo. 1277, N.S. to Rezone Approximately .085 Acres Located at 709 Lincoln Avenue APN 073 041801400 from CC-Community Commercial zoning District, to R -5, General Residential Zoning Designation. Introduced. The Planner I gave a brief presentation. Speaker Kathy Moehring, vilest Alameda Business Association. Mayor Johnson stated that she completely understands Ms. Moehring's comments regarding the issue of mixed -use neighborhoods. Councilmember Matarrese stated that he does not have a problem with the staff recommendation; however, General Plan Policy 2.4.b needs to be reviewed; having a traditional residential next to industrial use area that pays good taxes is a huge conflict; Alameda has had the benefit of businesses moving to the City from Emeryville because of said problem; General Plan Policy 2.4.b is heading the city in the wrong direction. Mayor Johnson stated the project involves a house that has been at the location since 1910. Regular Meeting Alameda City Council 13 September 21, 2010 Councilmember Tam moved adoption of the resolution and introduction of the ordinance. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. (10- Public Hearing to Consider Adoption of Resolution Approving Tentative Parcel Map No. 9876 Planning Application No. PLN09 -0185 a Parcel Map for the Proposed Subdivision of the Site at 2318 Pacific Avenue into Two Parcels. Continued to October 5, 2010. ORAL COMMUNICATIONS NON AGENDA ■W COUNCIL REFERRALS 10- Consider Establishing a Citywide Project Labor Agreement (PLA). Councilmember Matarrese stated a Citywide PLA would be for projects that receive a taxpayer subsidy in the fora of money or public land; the former Naval Base has a homeless collaborative and veterans' service which should be considered as the first source in formulating a PLA. Councilmember Gilmore suggested checking with the County to bebefit from research already done. Spea ker: Andreas Cluver, Alameda County Building Trades Council. Councilmember Matarrese moved approval of reviewing templates, looking at model compatibilities or lead with the County, and have a report come back to Council within sixty days to advise how long the matter would take. Vice Mayor deHaan stated having a PLA would not make a good deal for the City. Councilmember Tarn seconded the motion. Under discussion, Councilmember Tam inquired whether direction is to have the Interim City Manager or staff come back to Council in sixty days after meeting with labor organization representatives and obtaining the County template. Councilmember Matarrese clarified that the motion is to look at the County template and other templates and carne back to Council with an update within sixty days. Councilmember Tara seconded the clarified motion, which carried by unanimous voice vote 5. Regular Meeting Alameda City Council 14 September 21, 2010 (10- Direct Staff to Hold a workshop on the Brown Act; Request that the City Auditor Perform an Audit of the Books and Records, Including, But Not Limited to, Legal Bills, Costs, Technology (Hardware and Software) and Employee Time Expended in the Investigation of Councilmember Tarn; and Terminate the Legal Contract for the utter. Councilmember Gilmore gave a brief presentation. Vice Mayor deHaan stated most Councilmembers understand the Brown Act extremely well; that he is confident in his understanding the Brown Act; State mandates require Council and Boards and Commissions to take a refresher course every two years; that he does not feel the need for additional training unless interpretation problems exist. The City Attorney stated the City Attorney's office offers Brown Act training to all Boards and Commissions; concurred with Councilmember Gilmore regarding the League of California Cities' ability to provide a low -cost presentation; however, a presentation by the City Attorney's office would be at no cost. Mayor Johnson inquired whether Boards and Commissions take refresher courses every two years, to which the City Attorney responded in the affirmative. Vice Mayor deHaan stated the Brown Act safeguards the public; that he takes exception if someone thinks that he does not understand the Brown Act. Councilmember Gilmore stated she is not bringing the matter to Council as a personal attack on ghat Council knows or does not know; lately, the Brown Act has .been the subject of much discussion; the workshop would not only be useful to .Council, Boards and Commissions, and staff, but the public also; training provided by the City Attorney's office is not available to the public; the workshop could take care of the entire population. Mayor Johnson suggested that the City Attorney come back to Council with an idea; stated the public may be curious; inquired whether Councilmember Gilmore is requesting a workshop for City officials and the public. Councilmember Gilmore responded that she is requesting a public session; members of the public would prefer not to have the City Attorney's office perform the training, which is why she is requesting that Terry Franke or the League of California Cities provide a workshop. Dice Mayor deHaan concurred with Councilmember Gilmore regarding the public's concern with the Brown Act; stated a public briefing would be worthwhile in order to understand constraints; perhaps a half hour presentation at a Council meeting would be good. Councilmember Matarrese stated that he does not have any problem with a workshop, Regular Meeting Alameda City Council 15 September 21, 2010 particularly for the public; he feels that he has been trained on the Brown Act; that he has been provided with materials from noted State experts; having materials available for the public, rather than having a road training, would be valuable; that he would like to have the City Attorney come back with a public educational workshop plan, sighting reference materials, in addition to reviewing case law; having the City Auditor check the bills is perfectly appropriate; Mr. Colantuono said that he has not seen a letter [from Councilmember Tam's attorney]; the matter will carne back to Council after the letter is reviewed which would be the end of the matter since Council will not be pursuing civil litigation; at that point he does not have any problem with the Contract ending. The City Attorney stated terminating Mr. Colantuono's Contract with the City would be in violation of the City Charter; the Charter gives the City Manager the authority and power to investigate any City official; Section 7 -3 states that Council cannot interfere with a City Manager's duties or obligations; the matter was discussed at the September 9th Special City Council meeting; Mr. Colantuono's Contract is one contract; the investigation of Councilmember Tarn is not a separate contract; that she would not recommend terminating Mr. Colantuono's services; Council should refrain from such a thing. Councilmember Gilmore inquired whether Mr. Colantuono has a general contract and does not provide specific service descriptions and costs each time. The City Attorney responded Mr. Colantuono arrays provides specific service descriptions and costs; stated the City Auditor does not need to be engaged; an audit would not show how much has been spent on internal staff time; that she can advise Council and the community how much has been spent over the last six months. Speaker Jon Spangler, Alameda. Vice Mayor del -aan stated the City has remedied the problem noted by Mr. Spangler [Police [department's failure to provide information]; the public's curiosity has been heightened; having the public understand Brown Act requirements is important; inquired whether anyone has asked the City Attorney how much money has been spent [on investigation of Councilmember Tangy]. The City Attorney responded in the negative; stated that she will personally provide the information to Council. Councilmember Tara stated a Public Records Act request shows that Mr. Colantuono's invoices from March through August totaled $77,000; inquired whether said amount is accu rate. The City Attorney responded the amount may or may not be accurate; stated the response to the referenced. Public Records Act request provided the monthly summaries of the total amount of services; Mr. Colantuono's services to the City are in other areas, which has been the case for over a decade. Regular Meeting Alameda City Council 16 September 21, 2010 Councilmember Tam stated a reporter posed a question to the City Attorney regarding how much has been spent on the investigation; the article quoted the City Attorney as saying "that is privileged information and not available to the public." The City Attorney stated that she has never had a conversation with anyone in the press regarding the matter; she has not read the referenced article but would be very interested in reading it; no one in the community has asked her how much has been spent [on the investigation] and she cannot imagine being quoted when she has never had such a conversation. Councilmember Tangy inquired whether the City Attorney had a Conversation with Ms. Ellson, to which the City Attorney responded in the negative. Councilmember Matarrese stated having a Brown Act educational workshop would be a good Idea; an accounting of money spent on the investigation should be requested; moved approval of directing the City Attorney to 1) come back with an educational workshop proposal for the public, interested Councilmembers, Boards and Commissions; 2) provide an accounting of the legal, hardware, and software costs expended on the investigation of Councilmember Tam. Councilmember Gilmore requested that the motion include accounting of staff tune. Mayor Johnson suggested that the motion include accounting to the extent possible. Vice Mayor deHaan stated some people have the understanding that Council has control over the issue of terminating contracts]; inquired whether the City Attorney has sought other interpretations and is comfortable that the Charter's intent is not to give Council the authority or power to terminate contracts. The City Attorney responded in the affirmative; stated giving the City Manager power, authority, and duty to investigate a Councilmember wrong doing while allowing Council or an individual Councilmember to withdraw funding and resources would be anomalous; the situation is akin to the Watergate investigation and firing of Archibald Cox. Vice Mayor deHaan stated the issue is one of checks and balances. Councilmember Matarrese stated his motion purposefully leaves that off [contract termination]; this is a request for information. Councilmember Gilmore stated the City Attorney has made it clear that Council cannot terminate the Contract; requested an accounting of Mr. Colantuono's services] and follow up accounting until the matter is concluded. Vice Mayor deHaan seconded the motion, which carried by unanimous voice vote 5. Regular Meeting Alameda City Council 17 September 21, 2010 0 consider Taking Action Regarding Calming Traffic on Residential Streets that Have Become overburdened, Used as "Cut- Throughs" or Experience other Traffic Problems. Referral was to be placed on October 5, 2010 agenda. COUNCIL COMMUNICATIONS 10- consideration of Mayor's Nominations for Appointment to the Housing Commission, Library Board, and Planning Board. Mayor Johnson nominated Fayleen Allen or appointment to the Housing Commission and Fancy Lewis for appointment to the Library Board; continued the Planning Board nomination. Speaker Jon Spangler, Alameda. (10 Councilmember Gilmore stated that she attended the School District's workshop regarding the parcel tax; encouraged the public to become engaged and attend the workshops; stated the School District's funding crises is not just a school. issue, but a community issue; the community needs to come together to solve or aid the funding crises; that she will do everything that she can; schools are a vital part of the city's infrastructure; the community will not function well without supporting the schools. 10- Councilrnember Gilmore stated council has asked for performance plans from Council's direct reports [Interim city Manager, City Attorney, and city clerk]; one was due by tonight's meeting; that she has not received the performance plan; council cannot schedule performance reviews of council's direct reports; that she wants to know what is the hold up. 10- Vice Mayor deHaan stated a lot of [election] surveys are being done; requested that the City Clerk provide information on the source of the surveys. ADJOURNMENT There being no further business, Mayor Johnson adjourned the meeting at 10:05 p.m. Respectfully submitted, Lara Weisiger City clerk The agenda for this meeting was posted in accordance with the Brown Act, Regular Meeting Alameda city Council 18 September 21, 2010 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Fred Marsh Controller Date: September 30, 2010 Re: List of Warrants for Ratification This is to certify that the claims listed on the attached check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against the City in accordance with their respective amounts as indicated thereon. Amount 232033 232387 (vendor Checks) $31273,674.38 EFT924 FFT931 (Vendor wire Transfers) $6917209.02 Void Checks: 231807 ($661.15 231794 ($1 9-00) 231846 ($19-00) 231867 ($19-00 232295 ($300.�36 232295 ($625.00) GRAND TOTAL $31963240.25 Respec. fully submitted, Controller Council Warrants 10/05110 BILLS #4 -B 01512010 r-1 rl M H W p W C'3 pC1 rl H CN x x wU C7ZU +�WU a E-+ O 0 0 O o 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 cv oo ao I I I I I i 0 H E-I H a W H W U Cl) W A �A l H i w �C► EA 0 W a 0 H O H O CJ rn U 00 a� I w i (x 0x I H U I F4 I E-8 H I U I CI] 0 0 Q x z Q I I I W I a I I i i I I Ln I w I H H I (Y} H 0 �D U a M o U fl� C!] r- i W �3: o) fs+ ,k Q o t w U �D H Z Cl) U H U O 0 x r-A H u] o N F:� o Ln U o q 0 0 N w �ko Ln i W H r) 04 A Q 0 r M 0 F14 x (n N U 0 0 N� CN x �H U [l1 Cf) A H E-+ O 0 0 O o 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 cv oo ao I I I I I i 0 H E-I H a W H W U Cl) W A �A l H i w �C► EA 0 W a 0 H r-I r-I Cr] H 0OOOOO I'D mm Cndi01N ,-q H A NONotoO Ln�M �NOO� I'll 0 H 0 0D %D Ln m N o d+ m r- r4 r*] ko o CAD as P OD NNdvH0 HMM LnC3100rn N N W r-I M m zv N Ln Ln a1 Ln Ln R� M r-I Ln N r-{ m L- m CO r-i r-I cl] N I� H H N E-r x WUO 0 z U a K� CO C!)C!) 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H z O fx W U O U di W :�q 14 Kil di di 4�*l X z N a 04 f4 a4 H H Q x F:4 �D �a �D �v x w U H H H z z 0 0 x X 0 0 f2l u H WH U u UU 0 x w UU xw 0 N4 E-1 P4 �z U� U� H N H W �cn C!]CA P4 P4 P� fx CA co P4 fx tx i H H w°� U0 H Q Q r4a o0 04--1 zz H O z� rxrx fxrx aw C31 H U o A o o H H !xfYi F1 W u 0 H H H r-I H H H H a s as as ,aa as �ww H X w 9 A H H H H H H H H H H H H H H H H HH NN H E- AE 1 1 HH P H aj< H Wu f- 00 oa H OO OO 00 B A H CO F� w U o 0 0 0 0 0 0 0 H H PH I• H F1 F1 E•-1 F1 F1 H H 0 U A w U H 0 H H H z a A N 0 H H 0 0 61 0 H A 2 25 CITY of AL.A EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 5, 2010 Re: Adopt Plans and Specifications and Authorize a Call for Bids for the Annual Fuel Delivery, No. P. W. 09 -10 -22 and Amend .the Contract in the Amount of $200,000, including Contingencies, with Valley Oil Company for the Annual Fuel Delivery Throuoh December 31. 2010 n m ffe M r Mae-] III, lk I The City contracts for delivery of unleaded, diesel, and bio- diesel fuel to City facilities. Staff proposes to bid a new contract to ensure the City is receiving competitive fuel delivery prices. In FY09 -10, fuel expenses for the City of Alameda totaled approximately $345,000. To ensure the uninterrupted and timely delivery of fuel during the bidding process, staff proposes to extend the existing contract with Valley Oil Company through December 31, 2010 DISCUSSION The fuel costs will be bid on a cents per gallon above the daily average wholesale cost in the San Francisco Bay Area as determined by the OPIS (oil Price Information Survey), Pad 5 Report. This is the standard arrangement used by jurisdictions �r r rr. try roug rout the rjay Hrea. i n is arrangement ensures the City is not iocked into the current high fuel costs and, as prices lager, the City's cost will also decrease. In the past, the City has had fuel delivered to the following locations, and the specifications request prices for fuel delivery at all the locations: Maintenance Service Center (MSC) 1616 Fortmann Way Alameda Fire. Station 5 750 West Ranger Alameda Fire Station 1 2401 Encinal Avenue Alameda Fire Station 4 2595 Mecartney Road Chuck Corica Golf Complex 1 Clubhouse Memorial Drive City Council Agenda Item #4 ,.0 Honorable Mayor and October 5 2010 Members of the City council Page 2 of 3 Currently, however, fuel is delivered to MSC and the Golf Complex only. In the past, the cost for having fuel delivered at the fire stations has been more expensive than at MSC. For example, diesel is 12.5 cents more per gallon at Fire Station 4 than at MSC. Based on the bid prices received, staff will conduct a cost benefit analysis to determine if fueling at the fire stations should be resumed. In addition, staff is looking at options to provide fuel card readers at Fire Stations 1, 4, and 5 to allow for improved accounting and tracking of fuel usage at the fire stations. This cost will be included in the cost benefit analysis. The Fire Department will be consulted as part of the analysis to ensure all costs, including fuel, card reader installation, travel time, and emergency response time impacts are analyzed. These specifications further require that the fuel tanks at the various locations be kept no less than fifty percent full, that response time for emergency deliveries shall be within eight hours, and that the diesel tanks at DISC are refilled every Monday, Wednesday, and Friday between 0:00 and 7:00 a.m. and every Saturday between 4:00 and 5:00 P. M. The project specifications allow for the annual extension of the contract on a year -to- year basis, for up to four additional years, based on mutual agreement and satisfactor performance of all aspects of the contract. If extended, the contract would be for the same terms. A copy of the First Amendment to Agreement and a copy of the plans and specifications are on file in the City clerk's office. FINANCIAL IMPACT Funds for the annual fuel delivery are included in the FY10 -11 budget under Public Works Department, Fleet Maintenance Program (703 51100 under the Alameda Fire Department, Emergency Services, Fuel, oil, and Lubricants Program (3210- 51100), and under the Recreation Park Department, Chuck Corica Golf Complex Operations and Maintenance (001- 5305). MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal code. Honorable Mayor and Members of the City Council Adopt Plans and Specifications and Authorize a Call for Bids Delivery, Pao. P. W. 09 -10 -22 and Amend the Contract in the Including Contingencies, with Valley Coil Company for the Annual December 31, 2010. Approved as to funds and account, Fred Marsh Controller J B: LS:gc October 5, 2010 Page 3 of 3 for the Annual Fuel Amount of $200,000, Fuel Delivery Through Exhibit(s) 1. First Amendment to Agreement (on file with the City Clerk's office) 2. Plans and Specifications (on file with the City Clerk's office) CITY OF ALAM EDA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 5, 2010 1.A M t w a rte: Authorize Administrative Approval for Down Payment Assistance Loans of Up to $80,000 BACKGROUND I n 1998, the City Council and the Community Improvement Commission (CIC) funded two new loan programs to assist first time homebuyers and help the City reach its adopted goal of E0 percent homeownership. In 2003, the City Council and. CIC approved a restructured Down Payment Assistance (DPA) program, which combined elements of the two prior programs and added more generous financial assistance and greater flexibility to match better residential market conditions. In 2007, the City and CIC approved changes to the DPA program to increase the maximum loan amounts to $80,000 for very low- and low income households and $50,000 for median- and moderate- income households. Based on the 2007 programmatic approvals, staff is seeking confirmation of the City Council's intent that individual DPA loans, up to a maximum amount of $80,000, can be approved administratively. DISCUSSION The City's DPA program has been funded annually since its inception in 1998. FY 2010 -11 DPA funding, from the City's affordable housing in lieu funds .and affordable housing fees, totals $350,000. Four to seven loans could be made this fiscal y ear. In addition, the City has a $30,000 contract with the Bay Area Hornebuyers Agency (BAHBA) to market the DPA program through free first time homebuyer workshops and to work with prospective homebuyers to underwrite and prepare the DPA loans for City approval. Last fiscal year, 94 families attended three workshops; 13 workshop attendees purchased homes in Alameda; and seven DPA loans were funded. BAHBA works with prospective home purchasers on the entire home buying process, including counseling on pre approval letters, securing a first mortgage, underwriting DPA loans and leveraging other first time homebuyer assistance to qualify families for home ownership. The process often moves very quickly, with fund reservations and locked -in interest rates that can expire as a result of inactivity and escrow instructions that dictate when the sale must be concluded. The City's DPA program guidelines, City Council Agenda Item #4 -D 10 -05 -10 Honorable Mayor and October 5, 2010 Members of the City council Page 2 of 2 therefore, assure final review and approval within seven to 10 days of submittal of a completed application. This tirneframe relies on authority to approve administratively loans up to $80,000. The $80,000 maximum DPA loan amount was approved by the City council and CIC in September 2007. At this time, staff is requesting confirmation that the intent of the city Council's and CIC's 2007 action approving the higher maximum loan amounts included administrative authority to approve individual loans in recognition of the timing inherent in the home buying process (e.g., loan fund reservations and locked -in interest rates that can expire, contractual deadlines to close the sale, etc.). If it was not the intent of the city Council and CIC to provide administrative authority to approve individual loans up to $80,000, each loan over $75,000 will need to be approved by the city council and could result in home purchases failing out of contract due to timing constraints. The effectiveness of raising the limit to $80,000 likely would be diminished. FINANCIAL IMPACT There is no financial impact from authorizing administrative approval for DPA loans up to $80,000. RECOMMENDATION Authorize administrative approval for Down Payment Assistance loans of up to $80,000. CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING ORDINANCE NO. 12771 N.S. TO REZONE APPROXIMATELY .085 ACRES LOC AT 700 LINCOLN AVENUE APN 073 041801400 FROM C--C, COMMU COMMERCIAL ZONING DISTRICT, TO R-5, GENERAL RESIDENTIAL ZONING DESIGNATION iDll 41� BE IT ORDAINED b the Cit Council of the Cit of Alameda that: Section 1 Section 11 -116 of Ordinance No. 1277, N S. is hereb A r% I vy% r-, r4 t ,;4 A 1"', :4.. r -c lei b re flas si-ft I I I g all ll 11 the% I Ko-C'41 P 1 U L '.>1 LC3 U CU withl n i the U.It k.AL of Alameda, Count of Alameda, State of California, consistin of .085 acres and located at 709 Lincoln Avenue as shown on the attached.Exhib.it A from. C--C Communit Commercial Zonin District, to R-5, General Residential Zonin Desi Section 2- The above amendm shall be -known as .and referenced to as Rezonin Amendment No. 211 to Ordinance No. 1277, N, S. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirt (30) da from the date of its final passa Attest: Presidin Officer of the Cit Council Lara Weisi Cit Clerk Cit of Alameda Final Passa of Ordinance #4-E CC 10-05-10 Exhibit A: Proposed Zonino: R-5 6 '�l"x�� F a a PAC M Ul vg cc IM: V M ;%J M Q (n LU 5 'r g L cn :S :C urrent Zonino: C. C.. A N� A LU la M Lq 'g ca NO yya 0" V O 0 N-A�dL S4 En CL Proposed Zonino: R-5 6 I, the undersigned, hereby regularly adopted and passed by assembled on the day of AYES: NOES: ABSENT: ABSTENTIONS: certify that the foregoing Ordinance was duly and Council of the City of Alameda in regular meeting 2010 by the following vote to wit: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 201 g. Lara Weisiger, City Cleric City of Alameda C IIIIII��IIU I,I PR km III III uuuuuud ooi Vd IIII loiiiiiiii �otllNlll ii oo IIII 111111 III ����IIl�liollll�u 1 °II IIIIII� oo glllll Iq� 000000 0o i III i '��IIIIIIVilllpi itlN IIII �i, �...........i Public Power Week Energy Awareness Month October 5, 2010 a r 1� WIND r, i D ENERGY SOLAR ENERGY LANDFILL GAS HYDR FILE R 'GEOTHERMAL EVER (U MATE F" TIE TIM E NS IR GY FIFF1 EN CY Background October Energy Awareness Month m 24th Anniversar Celebration Objectives Education and Awareness Benefits of Public Power Lower rates /Not for profit General Fund transfer &PILOT over $4 Million/yr Local control Reliability and safety Service commitment Community focus Economic development Environmental sensitivity AMP Activities Communication to Stakeholders Mayoral Proclamation Press Release Website announcement Message on customer bill Articles in various newsletters) Poster display at media (newspapers, local sites AMP Activities (cont'd) Outreach /Community Engagement General Manager Speaking Engagements: Rotary Club October 12th Institute of Electrical Electronic Engineers (IEEE) October 13t" Green Award Campaign Launch "Show Us How You're Green" Campaign Customers can send in their videos demonstrating how they are saving electricity to be placed on AMP's website. Customer videos will add to AMP's online "Talk About Power" campaign AMP Activities (cont'd) Customer Programs Kill -A -Watt Program Alameda Free Library AMP Service Center W1 llU1lIl1 r J1J JD IJ7f 1111111111111111111.11llllllll i; Il��ftll�l�l� r K CFL Exchange Alameda Point, Oct 9: 9am-2pm AMP Service Center, Oct 4 -Oct 8: 9am-5pm AMP Activities (cont'd) Education AMP Service Center Museum Exhibit No. LW--A may CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim city Manager Date: October 6, 2010 Fie: Presentation on the city's Affordable Housing Development Pipeline BACKGROUND The city of Alameda's affordable housing stock grew by 101 rental and ownership units for very low low and moderate income families with the completion of the Breakers at Bayport Apartments and Townhornes in 2007, and Shinsei Carden Apartments in 2009. Both projects were the culmination of years of planning, securing funding sources, constructing, and leasing. Development of affordable housing has a long lead time, primarily due to the entitlement process and obtaining financing. It is important, therefore, to build a development pipeline with multiple projects in various stages of feasibility analysis, predevelopment, entitlement, construction, leasing, and occupancy. A primary goal of the Housing Department /Authority's new Housing Development and Programs Division is to create an affordable housing development pipeline. The process began in February 2010 with the Housing Commission's appointment of a committee whose task is to provide detailed input and feedback on proposed affordable housing projects to be developed or acquired and renovated by the Housing Department /Authority prior to those projects being considered by the Housing Commission, Board of Commissioners and community Improvement commission. On June 16, 2010, the Housing commission approved updated Affordable Housing Development Policies and Guidelines to facilitate a development pipeline (Exhibit 1). These Guidelines replaced previous Guidelines that were approved in 1993. The Housing Department/Authority is working on six potential affordable housing projects that are the foundation of this development pipeline. These projects are described in the attached executive summary report on "pipeline" projects (Exhibit 2). DISCUSSION The development pipeline anticipates projects in various stages of predevelopment and construction within the next five years. Some projects, such as 2216 Lincoln Avenue and 2438 central Avenue (Islander Motel), are active projects that, subject to financing, are likely to be under construction in 2012. other projects, such as 1436 Webster Street and 2437 Eagle Avenue (former Island High site), are mid -term projects. North City Council CM Communications Agenda Item #5 -13 Honorable Mayor and October 5, 2010 Members of the City council Page 2 of 2 Housing and Alameda Landing are longer -term projects that may not begin until later in the five -year period. Affordable housing development is dependent on local, state and Federal funding sources, as well as public and private grants. Such projects typically have multiple funding sources. The key for cities, and their redevelopment agencies, is to leverage scarce local resources with these multiple funding sources to complete a project. Affordable housing projects rely on redevelopment agency 20% housing set -aside funds; the state and Federal Low- Income Housing Tax Credit Program; the Federal Home Loan Bank Board Affordable Housing Program; non profit developer equity; private construction and permanent financing; and various grants such as those offered by stopwaste.org for green construction. These funding sources can be augmented and/or replaced by the United States Housing and Urban Development Department's Section 202 and 811 programs if a project is constructed specifically for senior citizens or disabled people. A key legislative priority at both the state and Federal levels is to create and fund a permanent source of affordable housing financing. The City participates in these efforts through its involvement in various organizations such as the California League of Cities and National Association of Housing and Redevelopment officials. The attached executive summary report provides specific details about the six proposed affordable housing projects and current status. FINANCIAL IMPACT There is no financial impact from receiving the Affordable Housing Development Pipeline Report. As specific projects are developed, they will be considered for approval and funding by the city council, Community Improvement Commission of the City of Alameda (CIC) or Board of commissioners as appropriate. RECOMMENDATION No action is required. This is for information only. Respectfully submit d, P Michae ucci Executive Director Exhibit: 1. Affordable Housing Development Policies and Guidelines, dated June 2010 2. Affordable Housing Development Pipeline Report Cit of Alameda Housin Authorit Affordable Housin Development Policies and Guidelines PURPOSE To maintain, improve and expand the Cit suppl of affordable housin for ver low-, low-, and moderate-income households. PROJECT SELECTION POLICIES Income Tar Households earnin up to 80% of the median income, adjusted for famil size, reco that tax credit, and other, financin ma be restricted to low-income -households earni up to 60% of the median income, adjusted for famil size. When feasible, projects servin low-income households earnin b e tw e en 50% and 80% of the median income, ad for famil size'All. receive priorit consideration as the Cit Re Housin Needs Assessment RHNA shows a substantial need for housin in this income category. Mixed-income pro ma be developed if necessar to ensure pro feasibilit Term of Restrictions Permanent affordabilit isi-he g oal, with a priorit for projects that will be owned b the Housin Authorit either initiall or followin the first 15 y ears post-construction or post rehabilitation period. It an affordabilit term is re in the event the pro is not owned b the Housin Authorit the term shall be not less than 55 y ears. Projects shall have a Re A recorded a the pr that details affordabilit levels, term of affordabilit maintenance and mana and other re related to the terms of the financin Ty pes of Development Permanent affordable rental housin however, transitional housin ma be appropriate, in particular if it is located within the Alameda Point Collaborative communit at Alameda Point. A Cit Council CM Communications Exhibit I to A Item #5-B 10-05-10 Apartment complexes, stud io/s In le-roorn occupanc units, and g roup homes are eli development pro Projects ma be new construction, ac and/or rehabilitation of existin developments to increase or preserve affordable housin Projects consistin of studio units/SROs are limited to ac and/or rehabilitation onl I If existin units are ac vacant units and current ten likel to q ualif y for assistance are preferred, Over-income tenants would riot be relocated unless re based on fundin sources, Projects ma serve fam'ilies 2 or more bedrooms), senior mental] y ph or developmentall disabled individuals, formerl bomeless people, and people recoverin from substance abuse based on documented communit need,. The needs anal ma come from the Five-Year Housin Strate Use of Cit IC Funds Funds ma be used for land ac predevelopment expenses, hard and soft development costs, and initial operatin reserves. a Funds ma provide brid construction or permanent financin Funds will be provided as loans. Loans can be structured as deferred, amortized, residual receipts. Loans can carr an interest rate, or not, dependin on project feasibilit Loans can be for over time if re for project feasibilit 0 Loan amount shall be determined based on a anal Geo Distribution pro are intended to increase the suppl of affordable housin throu the Cit of Alameda; however it is reco that the.ma of potential affordable housin sites is located in western Alameda, particularl at the former Naval Air Station. Pro will promote economic inte and avoid concentratin low- income units in an nei Priorit would be g iven to pro that improve the character of the nei Adopted on J une 16, 201 -2- Leve ra -in Whenever feasible, funds are used to levera other sources of affordable housin finance, and such pro will receive priorit consideration. Onl the minimum g ap financin will be provided, If funds are committed earl it ma not be possible to know what the minimum g ap will be initiall r-1 MUR11 1TV Pro ma be identified throu a Re for Proposals (R FP) process or throu response to opportunities as the arise. Developer ma be non-profit corporation, for-profit developer specializin in affordable housin (based on the compan business M o dol), or a j oint venture that includes a q ualified non- profit or for profit developer. The proposed owner/developer must have a demonstrated capa for completin pro similar to the development bein proposed.in.terms of scope, size, bud and financin structure. A demonstrated capaci to provide propert mana services is also re 0 Developer or Housin Authorit must have site control and be able to demonstrate an abilit to receive entitlements and fundin in a timel fashion. o The proposed owner/developer shall demonstrate ade in come to provide appropriate mana over the life of the pro e. g operatin and capital reserves, etc.) The proposed: owner/developer will provide the Housin Authorit with an option to mana the propert If the mana option is not exercised, the Housin Authorit will approve the propert mana firm. If the proposed housin development tar a special need population, a plan to provide supportive services must be prepared. An anal of proposed terms and conditions of financin for a specific pro and an anal of how the proposal meets the policies outlined above, shall be presented to the Housin Commission for approval prior to obtainin approval from the Board of Comm- issioners, Cit Council and/or Communit Improvement Commission. Adopted on June 16, 2010 Housing Department /Authority of the Citv of Alameda Affordable Housing: Development Pipeline FY 2010 -2015 Housing Authority of the City October 5, 2010 "ewm of Alameda City council CM Communications Exhibit 2 to Agenda Item #5 -13 10-05-10 2 v 4 0 ;3 V r City of Alameda Affordable Housing Opportunity Sites IIC New Construction Rehabilitation 1) North Housing' 2) Alameda Landing (portion of site) 3) 1435 Webster St. 6) 2438 Central Ave. 4) 2216 Lincoln Ave. 5) 2437 Eagle Ave. (Island High) (Webster Taylor) (Islander Hotel) 1 North Housing: 3032 self -help ownership units /Habitat for Humanity North Housing —Coast Guard Surplus Site Description: 42 acres (inc. 8 acres of open space) 282 vacant former military housing units Zoned R -4 Project Description: The Housing Authority, in partnership with the Alameda Point Collaborative and Building Futures with Women and Children, proposes to build 90 units of service enriched housing for formerly homeless families on 13 acres. Project Status: 1115107 Navy declared the property surplus 317108 Five Notices of Interest were submitted for Public Benefit conveyances (PBCs) and a homeless accommodation 314109 ARRA approved two PBCs, including one for Habitat for Humanity East Bay to construct (or renovate) up to 32 homeownership units for low- income households on two acres. 314109 ARRA approved a Legally Binding Agreement (LBA) for a 90 -unit homeless accommodation and an Amendment to the Community Reuse Plan. 3/11/09 ARRA staff submitted the LBA and Amendment to Reuse Plan to HUD for its approval. Alameda Landing Former FISC Site Description: 77 acres Former Fleet Industrial Supply center Zoned PD -MSC Project Description: The Housing Authority proposes to build up to 32 units of multi- family rental housing to fulfill the very low- and low income housing requirements of the Inclusionary Zoning Ordinance for the approved Soo -unit residential portion of the Alameda Landing project. Project Status: 12/5/06 DDA approved between CIC and Palmtree Acquisition Corp. DDA requires a MOU between PAC and Housing Authority for construction of very low- and low income housing units. The MOU will require the HA to own the property. The project will be developed with a non profit development partner and be funded with a range of public financing. The DDA requires PAC to provide all necessary gap financing at no cost to the CIC or HA. 512012 PAC anticipates that construction will begin on the residential portion of Alameda Landing and that the HA project will be part of that process. n u/itl prx� New Construction: North Housing' Alameda Landing (portion of site) i North Housing: 30-32 self -help ownership units /Habitat for Humanity CAMPU Ep TrI New Construction: North Housing' Alameda Landing (portion of site) i North Housing: 30-32 self -help ownership units /Habitat for Humanity I A *19 lAlx%kr++r►&- Site Description 14,745 sq. ft. (approx. .33 acre) Zoned C -C (Community Commercial); residential permitted over ground floor commercial Improved with a surface parking lot Property for sale Project Description: The Housing Authority proposes to build 15 units of affordable senior housing on two stories above a 7,500 square foot commercial use. The Housing Authority would own the residential portion of the project and its partner would own the commercial development. Project Status; 3/10 A local real estate developer met with the HA to determine the HA's interest in jointly developing the site. 6/10 HA determined that a mixed -use project with housing affordable to very low- and low- income seniors was financially feasible and a draft letter of interest was prepared. i 8110 HA staff confirmed that there was once a gas station on the site and that the property has not been cleaned up. The County Health Department is the oversight agency for the clean up effort. 10/10 Developer completing an offer letter to property owner that would address all of the environmental contingencies to be submitted to the County Health Department to facilitate an approved work plan so that c up can begin. O Av s L MARSH aid '�7V y cP a ,F r G '`sue `GARDEN ti m M �r n W e➢$ r� t u CP Vj ME i New Construction: 1435 Webster Street (Webster Taylor) Site Description: 20,991 sq. ft. (less than Y2 acre) Zoned R -5 19 multi- family units are permitted per Ouyton exemption Project Description: The Housing Authority proposes to build a 14 -19 unit project for very low- income developmentally disabled individuals. Project status: 7127110 Property sale approved 9115110 Housing commission approved selection of Satellite Housing and Housing Consortium of the East Bay as non- profit development partner 11115110 OIOIBOC meeting to consider approval of land lease and OPA 0 12131110 811 funding application due to HUD Site Description: 35,155 sq. ft. (.83 acre) General Plan Designation: Medium Density Residential Zoned M -1 (needs to be rezoned for GP conformity), proposed rezone is R -4 (consistent with properties across the street) improved with six modular buildings that comprised the former Island High school Project Description: The Housing Authority proposes to purchase the property from AUSD and construct 18 -24 units of multifamily affordable rental housing. Project Status: 2007 AUSD and CIC explore feasibility of property acquisition and development and several due diligence studies were completed. 1109 ABX4 2 approved by the State Legislature, allowing school districts, until Jan. 1, 2012, to use proceeds from the sale of surplus property for any one -time general fund purpose. 9/14/10 AUSD Board appoints a Surplus Real Property Advisory Committee to advise the Board regarding the use and disposition of the Tidelands property and former Island High site. a L ally t1 CFfF T EAGLE BUENA Mr4 PACIFIC �'JXC:JriC: Nca3l LIl; Lry r rr w� SANTA cutaa 0 0 SAj4 TA A�, t e 0 u_ CENTRAI. New Construction: 2216 Lincoln Avenue 2437 Eagle Avenue (Island High) 2438 Central Avenue (Islander Motel) Site Description: 22,910 sq. ft. (.53 acres) Zoned C -C (Community Commercial) Improved with the 52 -unit islander Motel, two offices, and parking Project Description: The Housing Authority proposes to partner with a developer to acquire and renovate the property as studio apartments for very low- and low- income one- and two- person households (workforce housing). Project Status; 2/10 Affirmed Housing, a San Diego -based affordable housing developer, met with the HA to discuss partnering on the acquisition and rehab of the Islander. 618/10 Affirmed Housing entered into a purchase agreement with the owner of the Islander. 9/15/10 CIC issued a Request for Qualifications to select a financial advisor to assist with issuing Tax Allocation Bonds (Housing Set -Aside Funds) to raise the funds necessary to acquire and rehab the Islander. 3/11 Applications for Low Income Housing Tax Credit funding due. �V j SANTA cLARA CO CENTRAL o� J9 rA CL AA A 0 t, t �LAMEUA A�AIN�l3 ��NTF�A A z A a Y G O r WN N of :gym t i CI aK SAN ANr��NA.� �u r SAN cos, a Q SAN JOSS" q n q i a r CUNTON 0-IN t4 se y OTIS ,ugx dr r p a. ��t d 4` M1N a t ©�~1 Q One ���d FLAY o Q� rrg e [r y S OUTHSHORE fkOAd Rehabilitation: 2438 Central Avenue (Islander Motel) CITY OF ALAMEDA RESOLUTION NO. APPOINTING FAYLEEN ALLEN AS A MEMBER OF THE CITY HOUSING COMMISSION (TENANT SEAT) BE IT RESOLVED b the Council of the City of cc y y Alameda that pursuant to A u the provisions of Subsection 2 -12.2 of the Alameda Municipal code, and upon A CL nomination of the Mayor, FAYLEEN ALLEN is hereby appointed to the office of or Tenant seat member of the Housing commission of the city of Alameda for the term commencing on October 5, 2010, and expiring on June 30, 2012. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in regular meeting assembled on the 5th day of October, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said city this 5th day of October, 2010. Lara Weisiger, city clerk City of Alameda Resolutions #6 -A o -Q5 -1a CITY OF ALAMEDA RESOLUTION NO. APPOINTING NANCY LEWIS AS A MEMBER OF THE CITY LIBRARY BOARD BE IT RESOLVED b the Council of the Cit of Alameda that pursuant to the provisions of Article X of the Charter of the Cit of Alameda, and upon nomination of the Ma NANCY LEWIS is hereb appointed to the office of member of the Librar Board of the Cit of Alameda to fill the unexpired term of Krist Perkins commencin October 5, 2010, and expirin on June 30, 2013, and to serve until her successor is appointed and q ualified. 1, the undersi hereb certif that the fore Resolution was dul and re adopted and passed b the Council of the Cit of Alameda in a re meetin assembled on the 5th da of October, 20101 b the followin vote to wit.. AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set m hand and affixed the seal of said Cit this 6th da of October, 2010. Lara Weisi Cit Clerk Cit of Alameda CITY of AL.AMEDA Memorandum To: Honorable Mayor and Members of the city council Honorable Mayor and Members of the community Improvement Commission From: Ann Marie Gallant Interim city Manager Date: October 5, 201O Re: Hold a Public Tearing to consider Adoption of a Resolution Certifying the Final Environmental Impact Report, Adopting Findings and a Statement of Overriding considerations and Adopting a Mit gation Monitoring and Reporting Program; Adoption of A Resolution to Amend the .General. Plan; Introduction of an Ordinance to Amend. the zoning Ordinance; Adoption of a Resolution Upholding the Planning Board Resolution to Deny PLN08-01 60 and Approval of a Settlement Agreement Pertaining to the. Redevelopment of Property Located at 2229 clement Avenue BACKGROUND The property located at 2229 clement Avenue is a severely blighted 9.48 -acre .formerly industrial site located along the northern waterfront. at the in oflerrent Avenue and Oak Street, one block from the .Park Street .Bridge (Property). Th6 Property p y is located in the Business and Waterfront lmprovement Project BwlP area and has been largely vacant for over 15 years. one of the vacant warehouse buildings on the Property was almost entirely destroyed by a fire in 2000, and all of. the buildings have been vandalized and are in a state of severe disrepair. The Propert y has been occasionally used as a temporary homeless encampment, and portions of the property are contaminated with hazardous materials. In 1991, the Property was designated in the General Plan as a site. that .should be redeveloped for residential use with a public waterfront park. The General Plan called for the city of Alameda to purchase approximately 4.5. acres of .the. property for a p ortion of a 10 -acre park. The General Plan also recommended that the City purchase an adjacent parcel of approximately 5.5 acres. Despite several attempts to rise the funds since 1991, the city has been unable to raise the funds necessary to acquire the land for the proposed 10 -acre park. cc /ARRA/CIc Agenda Item #2 -E3 City council Public Tearing Agenda Item #6 -B Honorable Mayor and October 5, 2010 Members of the City Council Page 2 of 21 The property owner and applicant, Mr. Francis Collins, has made several unsuccessful efforts over the last 15 years to develop the Property, but was unable to obtain City approvals to do so. In 2003, Mr. Collins submitted his. current proposal to construct 242 .housing units (242 Unit Plan). Mr. Collins' current proposal is designed. to invoke the protections of two State Lags regarding affordable housing and to maximize the potential. residential density on the property. To qualify for protections. under Califomia Govem ent Code section 65589.5, the state "Klausing Accountability Act," a project. must include the necessary percentage of affordable housing (20 to qualify as ap affordable housing project. The proposed project seeks to satisfy this requirement by including 48 affordable units and 193 market rate units, for a total of 242 units. Mr. Collins also seeks to qualify for the benefits and protections of Califomia Government Code section 65915, the state Density Bonus Law. To that end, the proposed project is compr.iseo of a "base project" of 179 single family and duplex units. of these. units, 49. would be restricted to lower income households. Pursuant to the State and city's Density Bonus requirements, the project thus seeks to qualify for a 35% density bonus, or 53 units, for a total of 242 units. Mr. Collins has filed three lawsuits against the City regarding proposals to develop the Property. The first and third of these lawsuits were dismissed entirely, as bras a portion of the second lawsuit "Collins 21. The remainder of Collins 2 was dismissed without prejudice, but may be reinstated if the City and .liar. Collins have not fully resolved their dispute within six months of the dismissal. over the last two years, Mr. Collins and his representatives have worked with City staff to identify a compromise plan that Mr. Collins, the community, the Planning Board and the City Council could support. City staff have also been working with Mr. Collins to negotiate a settlement Agreement requiring Collins to dismiss the remainder of Collins 2 and agree not to file further litigation. As discussed in greater detail below, the settlement Agreement incorporates View of the property at the corner of teak Street and Clem n t Avenue Honorable Mayor and October 5, 2010 Members of the City Council Page 3 of 21 a reduced density alternative, including approximately two acres of public open space CIC redevelopment financing, and density bonus provisions. On April 20, 2010, the Planning Board held a public hearing on the draft EI R, and staff presented the outlines of a reduced density plan that would be acceptable to the property owner and include 179 units and approximately two acres of public waterfront open space. On May 24, 2010, Mr. Collins' representative and architect, Mr. Philip. Banta, presented Mr. Collins' proposal for this reduced density alternative in detail to. the Planning Board and community. At that meeting, staff presented the proposed. General Plan Amendment (GPA) and zoning Amendment (ZA) described below, which .would support redevelopment of the site consistent with the reduced density alternative. The. Planning Board and community voiced support for the proposal, but raised.cdncerns about the proposed internal roadway system, which like the 242-Unit Plan incl tided an internal loop alley system. The Planning Board and the community. asked that the compromise plan be modified to replace the internal loop alley system with an extension of Elm Street to the waterfront and B landing Avenue to the adjacent property. Existing .blight conditions and fire damaged buildings on site On June 21, 2010, Mr. Banta presented a re .vised .reduced d with 182 units that included extensions of Elm street and Blanding Avenue (Reduced Density Alternative). At that meeting, the Planning Board unanimously approved resolutions: 1. Recommending certification of the Final EI R; 2. Recommending a General Plan Amendment for the Property; 3. Recommending a rezoning of the Property; 4. Endorsing the Reduced Density Alternative, and Honorable Mayor and Members of the city council October 5, 2010 Page 4of21 5. Directing staff to prepare findings to deny the Development Plan and Design Review application for PLN08 -01 00, the 242 -unit Plan. On July 15, 2010, the Planning Board unanimously approved a resolution denying the 242 --Unit Plan. On July 21, 2010, Mr. Collins' attorney, Mr. Greg Harper, submitted an application to appeal the Planning Board's July 15, 2010 action to deny the 242 -.knit Plan. During the months of July, August, and September, city staff and the applicant have been working on a draft settlement Agreement for Council consideration. The applicant and city staff have agreed upon a settlement Agreement, which is one of the actions before the city and CIC this evening. The signed settlement agreement is on file in the city clerk's office DISCUSSION Staff recommends adopting the proposed resolutions, introducing the ordinance, and approving the settlement Agreement regarding the Reduced Density Alternative described in this report in order to achieve the following benefits to the City and the Community Improvement Commission of the city of Alameda (CIC): 0 Eliminate the current blighted conditions on the site; Facilitate redevelopment of the Property in a manner that is mutually beneficial to the community and the property owner; 0 Develop a publicly accessible park of approximately two acres; Generate tax revenues to the CIC and city; create new construction jobs; 0 Achieve resolution of outstanding lawsuits between the city and Mr. Collins; and Avoid future lawsuits between the parties over the denial of the 242 -Unit Plan. The Reduced Density Alternative meets the needs of both the community and Mr. Collins. several immediate actions are required by the city Council and/or CIC to enable Mr. Collins and the City to implement the Reduced Density Alternative: 1 The Environmental Impact Report must be certified as adequate for the Reduced Density Alternative; 2. The General Plan must be amended to allow development of the Reduced Density Alternative; Honorable Mayor and Members of the City Council October 5, 2010 Page 5 of 21 3. The Zoning Ordinance must be amended to allow for development of the Reduced Density Alternative; 4. The Planning Board's denial of the 242 -Unit Plan must be upheld; and 5. The Settlement Agreement between the parties needs to be executed. Approval of these actions will enable Mr. Collins and the City to proceed with consideration of a Tentative Map and Density Bonus Application by the Planning Board and City Council at a future date, among other required regulatory approvals. 1. Certification of the Environmental Impact Report Pursuant to the state of California Environmental Quality Act (CEQA), the City is responsible for performing environmental review of the proposed 242 -Unit Plan, also referred to as the Boatworks Residential Project, and alternatives to the 242 -Unit Plan. The purpose of the Environmental Impact Report (EIR) is to provide information to the public, responsible and trustee agencies, the Planning Board, and the City Council about the potential environmental impacts of the proposed 242 -Unit Plan, and feasible mitigation measures and alternatives to the 242 -Unit Plan that might avoid or lessen those environmental impacts. In April 2010, the City published a draft EIR for public review and comment. On June 9, 2010, the City published the Final EIR, which includes revisions in response to public comments on the draft EIR and to clarify and amplify the analysis in the EIR. In summary, the EIR finds that the 242 -Unit Plan would result in the following significant impacts: Transportation. The traffic related to the 242 -Unit Plan would contribute to peak hour congestion on Park street, Blanding Avenue and Clement Avenue, resulting in significant impacts on transit travel, pedestrian travel, and automobile travel. Air Quality. The traffic related to the 242 -Unit Plan would contribute to significant air quality impacts. Greenhouse Gas Emissions and Climate Change. Based on then -draft Bay Areas Air Quality Management District thresholds (which were subsequently adopted on June 2, 2010) and State of California recommended thresholds of significance for greenhouse gas emissions and climate change, the 242 -Unit Plan results in significant contributions to greenhouse gas emissions and climate change. Historical Resources. The 242 -Unit Plan proposes to demolish all the existing warehouses and structures on the site. Two of the structures are cultural resources under CEQA; therefore, their removal is considered a significant environmental impact. Honorable Mayor and October 5, 2010 Members of the city council Page 5 of 21 To lessen the impacts of the project on the environment, the EIR proposes that the project: Include a Transportation Demand Management program that would include transit passes for each home, car -share memberships for each home, bicycle facilities, and other services; Fund improvements to roadways and transportation infrastructure in the vicinity of the 242 -Unit Plan and on Park street; Utilize green building technologies, materials, and techniques; and 0 Document the historical resources. The EIR alternatives analysis finds that a reduced density alternative would result in significantly less severe environmental impacts due to a lower number of units and a more transit- oriented configuration. The EIR alternatives analysis found that a reduced density alternative would be "environmentally superior" to the proposed 242 -Unit Plan. Pursuant to CEQA, the city should not approve a project that has significant unavoidable environmental impacts if an alternative to the project can be identified that is: 1) feasible; 2) consistent with the original project's objectives; and 3) environmentally superior. On June 21, 2010, the Planning Board found that the EIR is adequate to inform the public and decision makers of the environmental impacts of the Reduced Density Alternative for the Property. Staff is recommending that the city council certify the Final EIR as adequate to inform the city council's actions related to the proposed Reduced Density Alternative, including the recommended General Plan amendments, zoning amendments, and settlement Agreement. Il. Amendment of the General Plan The intent of the proposed GPA is to facilitate redevelopment of the Property consistent with the Reduced Density Alternative. In the General Plan, the Property is designated Specified Mixed Use Area #5 (MU -5). The MU -5 area includes six other nearby parcels for a total of approximately 27 acres of property generally located between willow and Oak streets, including the Property. The 1991 General Plan policies envisioned that the 27 acres would be transformed from former industrial uses to a combination of residential uses (250 to 350 residential units) and open space (10 acres). In 1991, the community believed that the Collins' property and the adjoining Dutra property represented the "last remaining opportunity" in Alameda to develop a waterfront park of 10 acres and that the city should raise the funds to purchase the land, and construct and maintain a new 1 0-acre park. Honorable Mayor and October 5, 2010 Members of the city council Page 7 of 21 A number of events and changed circumstances over the last 19 years warrant a re- evaluation of the 1991 policies that pertain to this property, including: In 1997, the Navy closed the former Naval Air Station Alameda (Alameda Point), creating opportunities to develop approximately 150 acres of waterfront and adjacent public parks. The planning and property conveyance processes for these new planned public spaces are underway. In 2000, the city negotiated and obtained a 1.89 acre park as part of the Marina Cove Project. This park was not envisioned in the 1991 General Plan. City applications for state grant funds to acquire and develop the envisioned 10- acre were unsuccessful. A 2009 effort to partner with the Trust for Public Land (TPL) and apply for Proposition 84 funds to acquire land and develop a park on a portion of the Property was abandoned by city staff and TPL staff due to the high .cost of land acquisition, the lack of local funds to develop and maintain a park if land was acquired, and the $5 million limit on grant applications. In 2010, after much community and city effort and several years of excellent legal work, the city successfully acquired over 21 acres. of former railroad property adjacent to the northern waterfront, which the community identified as an excellent park opportunity. The vacant and blighted conditions on the site have prevented public access to the waterfront in this neighborhood and have been a negative influence on adjacent properties. 0 The 2003 Housing Element called for 300 units in the MU -5 area. i No new housing has been constructed in 19 years in the MU -5 area. The proposed amendments to the General Plan update the waterfront open space policies to shift the city's focus from purchasing one large 10 -acre parcel of land to creating a continuous, public waterfront open space from the Fruityale Bridge to Alameda Point. Under the amended policies, a Citywide waterfront trail and park system should be provided with a combination of City investment and. acquisitions, as well as private dedications that are provided and maintained by each new ro'ect p proposed along the estuary. The amendments also revise the MU -5 housing policies in the General Plan to more precisely match the 2003 Housing Element policies by reducing the total n umber of units to be provided in the MU-5 area to 300. (The 199 policies call for 250 to 350. The Housing Element calls for 300.) The specific amendments are included in the recommended resolution amending the General Plan. Honorable Mayor and Members of the City Council 111. Amendment to zoning Ordinance October 5, 2010 Page 8 of 21 The recommended zoning amendment for the Property is designed to facilitate redevelopment of the property consistent with a reduced density alternative. Currently, y the 9.48 -acre site is zoned for residential use (R -2 /PD) between clement and Blandn.g Avenues (approximately 5.48 acres) and for manufacturing use (M-2) between Blanoing and the water's edge (approximately 4 acres). Under the proposed re- zoning, approximately two acres along the waterfront would-be rezoned to ;`o" open Space District consistent with the Reduced Densit y Alternative. The open Space district is intended for lands and water areas "suitable for. recreational and aesthetic resources." The district permits: public and private parks, s, arkwa p y playgrounds, and public and private land or water preserves (see Alameda Municipal Code (AMC) 30- 4.19). The remaining areas of the Property (approximately 7.48 acres) would be zoned. R -2 /PD to accommodate transit oriented residential use of 17 to 29 units per acre. To achieve densities between 21 and 29 units per acre, development of the site would need to proceed in compliance with the AMC Affordable Housing Density. Bonus rye 9 ulations. The density bonus option also allows for a greater diversity in housing types that might include multi family, attached town homes, duplexes and single family homes. The specific design and configuration of the residential units would be reviewed through the Planned Development, Design Review, and Density Bonus application before the Planning Board. Iv. Upholding the Planning Board's [denial of the 242 -Unit Plan (PLN0.8-0160) On July 16, 2010, the Planning Board denied the application currently. on file at the Community Development Department, which is a request for a rezoning and Planned Development and Design Review (PLN08-0160) to construct the 242 -Unit Plan on the Property. The complete submittal is available for review in the Community Development Department. The Planning Board's denial was based on the following findings and observations. Environmental Its act: As described above, the proposed 242 -Unit Plan (PLN08- 0160) would result in significant unavoidable impacts that cannot be. mitigated or reduced to a less- than significant level, including significant unavoidable impacts to transportation, air. quality, climate change, and historical resources. The EIR identified a "reduced density alternative" which would lessen the severit y of the environmental impacts. As evidenced by the work completed over the last two years with the applicant, a reduced density alternative is clearly feasible and can clearly meet the project objectives. Pursuant to CEQA, the city as lead agency g y is generally. obligated to deny a project if there is a feasible environmentally superior alternative that also meets the project objectives. Honorable Mayor and Members of the city council October 5, 2010 Page 9 of 21 Site Plan Desi n and Emergencv Vehicle Access: As shown in the plan below, the 242 -Unit Plan is organized around an internal circular alley "loop" system. The site plan is a suburban, cul -de -sac type design that does not knit the site into Alameda's existing urban fabric. The 242 -Unit Plan The 242 -Unit Plan could result in significant adverse impacts to public health and safety. In the event of a major fire, earthquake, or other natural disaster, disabled or abandoned cars could easily block the internal "loop" circulation system. If cars are abandoned on the internal system, emergency access and fire truck access to certain homes could be blocked, which could result in loss of life. The internal alley is designed with a 20-foot cross section and only two gays in and out of the site. Given the narrow width of the alley system, to enable cars and/or emergency vehicles to move through the development, no parking would be allowed on the alley "loop" or on either of the two north /south Honorable Mayor and Members of the city council October 5, 2010 Page 10 of 21 internal alleys within the "loop. If a vehicle is parked illegally or abandoned on any leg of the loop, that leg would be impassible. In the event of a blockage, emergency vehicles, fire trucks, or ambulances could be prevented from accessing the majority of the units in the development. Open Space Design and Public Safet The proposed open space areas and excessively long and narrow internal pedestrian corridors are inaccessible to emergency or security /police vehicles. Pedestrians on the waterfront path will be completely obscured from view by a police patrol car. The 242 -unit Plan proposes a five -foot public path along the waterfront that is completely obscured from public view as described above. The proposed five foot width does not meet the requirements for a Bay Trail, nor does the open space meet the requirements of the Bay Plan as administered. by the Bay Conservation and Development Commission (BCDC). Although the fans show g p a variety of other improvements between the path and the water'.s edge, those improvements are not on property owned by the applicant, and. the applicant has no means or ability to construct the improvements. The lands are owned by the Army carp of Engineers (Army Corp), which has not approved the plans, nor approved submittal of an application to perform improvements on the lands. Architectural Desi n: The plan proposes 242 single family homes. Although the homes would vary in size (i.e. the amount of floor area), all 242 homes would be almost identical in architectural design, roof design and architectural features. The project exhibits almost no architectural design variation, which will result in a visually unappealing project for both visitors and potential buyers. The vast majority of the homes (over 200) would be developed as "duets" in which two homes share a common wall. The proposal includes eight different size homes. The largest (Unit Type A) would include a two --car. garage, bathroom, and game room on the first floor, living and family room on. the second floor, and three bedrooms and two baths on the third floor, for a total of 2,230 square feet of living area. The smallest unit (Unit Type H) would include a one car garage on the ground floor, a small living /dining area on the second floor, and a bedroom /study on the third floor, for a total of 595 square feet of living area. Parking Design The 242 -Unit Plan includes 392 parking spaces, or 1.5 spaces per unit and 51 communal, uncovered "guest" parking spaces for a total of 443 spaces for the project. Of the 51 "guest" parking spaces, 15 of the spaces cannot be accessed without the neighboring property granting an access easement. No such easement has been granted. No parking is provided for the proposed open space, which would be required by BCDC. Honorable Ma and Members of the Cit Council October 5, 201 Pa 11 of 21 On Jul 21, 201 Mr. Collin's attorne submitted a letter appealin the Plannin Board's denial of the 242-Unit Plan (Exhibit 1).1 The appeal letter raises five objections to the Plannin Board's action. Each of the appellant's five (5) ar made in the re for appeal is provided below in text boxes. The staff response to each ar is provided below each text box. All Envi' ronr_ firld Ings. A.11 o� the si -itif ts idei ied for the.Proposed Pro hiavin onl 25% more unit� than the Alternative Pro were ,e remediable b-v the mitt aate oil mcasures recoinne d d for the A tern at" We Pi-oiect. Iii. additimi, the pro was of a State _reeonuneiided densit dIat was con sistie:,int with. s ABAG pot 'ev anti its for the Cit the S tiate" S Dents,lt-y Bonus and 14ottsffi Aftlordabi'll"t Acts, and the :C*t G deed: I eneral Plan., In -ic 'in �t theunsupported findffi of si iffiipactl. i;i Iud' g tliatf)rtlie Ilarlic Street d contrad*cted the C;it- 0, ei v` y 9 -1 ironmerLtal fmdili with respect to the Hous' In Rild Transportation elements of its General Plan, 1. Environmental Impacts. The Final EIR clearl find's that the. Red Densit Alternative is an environmentall superior alternative to the. 242-Unit Plan. The alternatives anal finds that certain impacts will be lessen in severit or eliminated alto Specificall the project impact on transit: service. a nd. the associated pedestrian impacts from miti the transit service on: Park Street are eliminated. Air q ualit y g reen house g as, and. noise impacts. are all lessen ed b the Reduced Densit Alternative. The appellant's statement hat. the.'242-Unit Plan is consistent with a "State-recom mended de "ABAG policy and th e General Plan is incorrect. Neither the State nor ABAG have a rec ommended densit for the Propert (or an other propert in Alameda). The pro posed project is not consistent with the Cit envisioned densit f propert The General Plan calls for 300 units over 27 acres of MU-5 land. (or 11.1 units p acre); the project as ori proposed would have had 242. on 9.5 acres of land (25.5 units per acre). Finall the EIR included a det traffi a nal y sis performed b well-re transportation experts with e local experience in Oakland and Alameda. The anal used the Al Count Con A traffic model. The transportation findin in the EI R are w supported b the anal As described in the followin section re the Settlement A if the Cit does not approve either the Settlement A or ultimatel approve the Reduced Densit Alternative, then the Cit mi expect Mr. Collins to brin suit a the Cit for the denial of the 242-Unit Plan. Honorable Mayor and Members of the City council October 5, 2010 Page 12 of 21 e 2, r a f�c and Pedestrian Safes-y: The Eta, does not show that pedestrian traffic will be signif cant around the Proposed Project, and if t were there are rnany traffic signal. and other mitigations t at could haNle been applicable, 2. Traffic and Pedestrian Safety. The EIR found that the traffic volume created by the 242 -Unit Plan would create significant transportation impacts that must be mitigated. As required by CEOA, the EIR analyzed the potential impacts of the proposed traffic mitigation measures and found that the traffic mitigation would create pedestrian impacts. Specifically, re timing traffic sigra to give more time to automobiles would result in a significant delay for pedestrians waiting to cross the intersection. In addition, the proposed site plan contains areas that would cause pedestrian safety concerns. These safety concerns are not related to the number of pedestrians; rather, they are related to the physical, unsafe conditions created by the development. J. Si te Kan Desian and or �y Ve l etc P\CGC Tt c Desi.gn pct all guideline ro l�cd by the City and tease generally accepted by p aiming professionals, It Nva' s impr er for the Cay to suppose illegal and other rare events 1:n order to expand emer icy access -i dellncs that had approved for of do �c pr�i.�� t�. `:t"he internal. al cys vNierc not required for fire access. and their 20 fact width Was SLIffic e t because no parking. would be allowed In the a ev ar ys. 3. Emergency vehicle Access. As described in the Planning Board's findings, the 242 -Unit Plan is not consistent with the State of California's Uniform Fire code. The City has never approved a project that is inconsistent with the California Uniform Fire Code. Honorable Mayor and Members of the city council October 5, 2010 Page 13 of 2 40 Open. Space an Public a Tbc 001M. space for prq act was designed to prove great e of .r or�ood o s r�vation that police s� l ar c not be necesS i Secondly, the intini to desiglq was n ecessary i n order to accommodate the density mandated by the State given the extensive of ordabit t compoD nt of th.c Proposed Project wht'lc rotcct'i g the Intent of Measure A to the greatest extent possibl 4. Open Space and Public Safet As described in the Planning Board's findings, the 242 -Unit Plan creates unsafe spaces that are inaccessible and visually screened from the public rights of way. These areas cannot be monitored effectively by the Alameda Police Department. The appellant. argues that it will not be necessary for the Police Department to effectively police the area, because the new residents will do it instead. Staff agrees that residents can assist the police by "keeping an eye" on the neighborhood and reporting suspicious behavior, but staff does not believe that "neighborhood observations" can replace the need for "police surveillance Finally, safety issues raised by the design of the 242 plan are not a result of the density of the project. The issues are caused by the way the units are placed on the property, .th.e us of long, inaccessible pedestrian alleys, and the creation of public areas that are. not visible from the public right of way. These problems are the result of design, not density. Lastly, the State of California does not "mandate" a certain density for the site. 5. Ar chitectural D-c-sib In order to meet the proposed affordability levels, some degree of d esign uni-Lormity wi thin eacti type of unit had to lie present, but there were a number of di Tcrent types nd witliln the types the cxtcriors would vim► much more dean. the layouts. Unfort tiateiy, because Mr. Collins was not provided the oppor tunity 'to explain. this to dig: Cilty and describe the various exterior features, the t'1.ann.ing Bo -ard may have assumed otherwise. 5. Architectural Design The Planning Board's findings regarding the architectural design of the project were based on the drawings and plans provided by the applicant for Board review. The staff report clearly described the variation in design that was being proposed. The Planning Board held several hearings with Mr. Collins representatives to discuss the project. Honorable Mayor and October 5, 2010 Members of the city council Page 14 of 21 In conclusion, staff has reviewed the applicant's basis for the appeal and the original Planning Board findings for denial. Based upon that review, staff is recommending that the city council adopt the resolution upholding the Planning Board's.denial of the 242 Unit Plan. The Reduced Density Alternative proposed by Mr. Collins is an environmentally superior, better designed, and more transit oriented alternative to the 242 -Unit Plan. V. Deduced Density Alternative On June 21, 2010, after a series of public meetings and hearings, the Planning Board passed a resolution endorsing the Reduced Density Alternative proposed by Mr. Collins that would also meet the community's objectives for the site. The. Reduced. Densit Alternative is designed to eliminate or minimize the problems that. occur with the "242 plan" and achieve the community's objectives for the property as articulated in the General Plan and at the various hearings and meetings. The community objectives may be summarized as follows: Housing and open Space. Redevelop the Property with housing and open space as envisioned in the General Plan. Public Waterfront open Space. Provide a publicly accessible waterfront park of approximately two acres or at least 20% of the Property's land area. Property values and Design. Provide a well- designed, high quality development that will have a positive effect on property values in the area, support the redevelopment of adjacent properties, and. support the redevelopment of the North Park Street area with neighborhood serving retail uses and services. The "Grid Provide public access (physical and visual) through and along the site (roads, sidewalks, and pathways) from the existing neighborhoods and businesses on clement and Blanding to the waterfront open space by extending the Alameda "grid" street network through the Property to the water and adjacent properties. Transit- oriented Design and Housing Diversity. Provide a diversity of housing opportunities and types on the Property in a transit oriented configuration and density. Sustainability. Create a sustainable, energy efficient, transit supportive development that maximizes the use of alternative energy sources and alternative modes of transportation. Environment. Reduce or eliminate environmental impacts associated with the 242 -Unit Plan. Honorable Mayor and Members of the City Council October 5, 2010 Page 15 of 21 Blight, Access, and Financial Feasibility. Approve a plan that can be financed and constructed so that the blighted conditions that currently exist on the Property can be eliminated and safe, public access to the waterfront can be provided. The Planning Board's endorsement of the concept was the result of a series of changes that Mr. Collins made to his proposal in response to community and Planning Board requests. Mr. Collins' design concept was also informed by a series af. design studies prepared by the City's design consultants, Urban Design Associates (UDA). Mr. Collins' proposed Reduced Density Alternative Honorable Mayor and October 6, 2010 Members of the City council Page 16 of 21 Opera Space The Reduced Density Alternative includes approximately two acres of waterfront public open space available for the public's enjoyment. It would be connected to the adjacent public waterfront areas behind the Park Street Landing to the east and could be extended in the future onto the Dutra Property to the west. The two acre open space would be constructed by the project and maintained with funds from future homeowners. The two -acre park is envisioned as a passive waterfront park that includes paths, green areas appropriate for picnicking and informal Frisbee games, and water viewing areas. Access to the public open space is provided by a pedestrian connection from Blanding and oak (across the street from the Little House Cafe), from the adjacent open space at Park Street Landing, and from the internal site roadways. A limited number of public parking spaces are provided on the `°park drive" that is included within the two -acre "public realm The final design of the open space would be subject to review and approval by the Planning Board with advice from the Recreation and Parks Commission and BCDC. The concept drawing shows approximately 10,000 additional square feet of public park and docks "sketched" in on the north side of the property line adjacent to the water. The Array Corp owns approximately 6,000 square feet of land north of the property line. At a future date, the applicant and the city would work with the Army Corp to improve the land and make it part of the park. As part of the BCDC permitting process, the City and applicant will discuss opportunities to replace existing docks and create additional decks over the water as shown in the diagram. However, it is important to understand that the new decks would be considered "new fill" and are typically not approved by BCDC on sites like this where fill is not required to provide public access. Streets Per the request of the city and the community, the plan proposes to extend Elm Street to the waterfront Park and Blanding Avenue to Elm Street. A future extension of Blanding into the adjacent Mini Storage property is provided if and when the Mini Storage site is redeveloped for residential use in the future.. (The Mini Storage site is zoned and planned for residential use.) The plan also includes a "park drive" loop road from the top of Elm around and down to Blanding. This "park drive" loop provides automobile access and a small number of parking spaces for the users of the park. Residential Development To ensure that the project is financially viable, that it can be financed and constructed, and to ensure that future developers can afford to build and maintain the open space and public spaces for the benefit of the future residents and the larger Alameda community, the Reduced Density Alternative provides for a development of up to 182 units and a diversity of product types (single family, duet, townhome, and multi -f .amity). Every home on oak Street, clement Avenue, and Elm Street will face the street. There will be no sound galls. Homes on the interior of the project will face internal "paseos" (landscaped pedestrian -only streets). The waterfront homes face onto the waterfront park. Every home has an alley behind it that allows access to the garage and allows for attractive front elevations on homes. Honorable Mayor and Members of the city council October 5, 2010 Page 17 of 21 Mr. Collins' street and alley network differs somewhat from the UDA concept, which places less emphasis on a series of alleys and more emphasis on a series of smaller internal blocks with full internal streets. On June 21, 2010, the Planning Board considered Mr. Collins' proposal and discussed some of the differences between the Collins' proposal and the UDA concept. Based upon that review and discussion, the Planning Board endorsed Mr. Collins' proposal. The Planning Board endorsement was accompanied by a series of clarifications and conditions, which were intended to guide the site planning process for the future development applications for the site. The clarifications and conditions include: Provide two acres of waterfront open space. A "spine" of open space connecting the waterfront park at Blanding to Clement may be counted toward the two acres, provided that the spine is a minimum of 24 feet wide. Provide for a maximum of 182 units, including those units obtained pursuant to an Affordable Housing Density Bonus application. Respect the 48 -foot curb -to -curb dimension on Clement Avenue to match the rest of the clement Avenue curb -to -curb dimension of 48 feet. A sidewalk and tree plantings shall be provided. 0 Include a sidewalk on oak Street. Provide a continuous and attractive pedestrian link to the waterfront along oak Street. The guest parking along the edge of the property adjacent to the. Park Street landing should be replaced, reduced or attractively landscaped to .create a welcoming pedestrian "paseo" leading from the intersection .of Oak and Blanding (and the Little House cafe) to the new waterfront park. (The UDA Plan provides an example of an acceptable alternative). Include two travel lanes, one parking lane, two sidewalks, and street trees on the Blanding Extension. Include two travel lanes, one parking lane, and a planting strip on both sides of the street on the Elm Street extension. The Elm Street extension may be straight (as shown in the Collins Plan) or "jogged" (as shown in the UDA Plan). If it is straight, then a sidewalk shall be provided in front of the homes. on Elm Street. A sidewalk is not necessary on the west side of the street. On the west side.(Mini- Storage side property line), the right -of -way should provide a curb, and a planting strip for a row of trees along the entire length of the western property line to screen the metal buildings of the Mini Storage. The existing chain link with barbed wire fence should be replaced with a well- designed fence. Alternatively, the Elan Street extension may be designed with a "jog" similar to the design shown in the UDA Plan. Honorable Mayor and Members of the City council October 5, 2010 Page 18 of 21 Require that the 15 homes that are oriented with their sides facing Blanding be designed with a front door and attractive "front elevation" facing Blanding (similar to the UDA concept). Include a diversity of housing types such as single family homes, duets, attached town homes, flats and multifamily housing, similar to the UDA .concept. The project should have optional floor plans available for buyers with disabilities, such as a floor plan with an elevator or a floor plan with the Master Bedroom on a lower floor with the kitchen and living area, which may require a one car garage. Include varied building heights that vary between two and four stories. The multifamily housing should not exceed four stories or 50' in height and should include a minimum of at least one parking space per unit. Single.family and town home buildings should be a maximum of three stories or 38' feet in height. The U DA Concept In conclusion, Mr. Collins' Reduced Density Alternative concept represents a basis for the preparation and development of a new application for entitlement to redevelop the Honorable Mayor and October 5, 2910 Members of the city council Page 19 of 21 project with a two -acre park and 182 units. Although the basic arrangement of uses and amount of development and open space is resolved, the final design of the streets, the arrangement of lots and all of the other details are typically resolved during the review and approval of the Tentative Map Application. vl. Settlement Agreement City staff is recommending approval of a Settlement Agreement between Mr. Collins and the city of Alameda and the Community Improvement Commission of the city of Alameda (CIC) for the redevelopment of the Property. The following summarizes the major terms of the settlement Agreement: Mr. Collin's Obligations 1. Provide approximately two acres of publicly accessible open space, along the waterfront, designed, and constructed as part of the residential development, and maintained by future homeowners. 2. Develop a maximum of 149 base units and 42 density bonus. units for a maximum of 182 total housing units, pursuant to the city's Density Bonus Ordinance. 3. Construct a minimum of 15 percent of the total number of base units, or 21 units, restricted for affordable housing, including six percent restricted to very low- income households and nine percent restricted to moderate income households, in a transit oriented multi- family building at the corner of Clement Avenue and Oak Streets. City and CIC Obligations 1 city considers for possible approval the Tentative M ap Application .a.nd Density Bonus Application in substantial conformance with the Reduced Density Alternative within six months of the execution of the settlement Agreement. 2. city and CIC provide a maximum financial assistance of $4.4 million (Maximum Financial Assistance), including the following: a. city reduction by 50 percent of the city impact fees and construction improvement tax for the affordable units; In addition to the width and design of the internal streets, city staff is working with the applicant to design the final configuration of intersections at oak and Clement, Blanding and oak, and Clement and Elm. All of these configurations will need to be approved, or established as a condition of approval, on the tentative map. These conditions must be consistent with the Transportation Element of the General Plan, which establishes prohibitions on certain street configurations. If it is determined that a street should be modified to include a right turn lane, then a General Plan Amendment may be necessary. Honorable Mayor and Members of the City Council October 5, 2010 Page 20 of 21 b. City credit of the Dwelling Unit Tax (used by the City for parkland dedication) for each unit; c. City waiver of all demolition permit fees and hauling fees related to remediation activities per a prior 2005 settlement Agreement between the City of Alameda and Mr. Collins; d. CIC execution of an Owner Participation Agreement (OPA) to pay Mr. Collins a portion of "site- specific" redevelopment property tax increment generated from the reassessment and redevelopment of the severely blighted Property for eligible redevelopment activities pursuant to the following terms: o 100% of the 20% Housing set Aside funds generated. by a reassessment of the Property triggered by the sale of the Property or Mr. Collin's implementation of substantial site preparation and improvements for up to four years to allow for buildout of the Reduced Density Alternative. o 100% of the 20% Housing set Aside tax increment funds generated from the completed Reduced Density Alternative. project for a maximum of 10 additional years, or until such time as .the Maximum Financial Assistance has been provided, whichever occurs first. 0 50% of the Non- Housing tax increment funds. generated. by a reassessment of the Property triggered by the sale .or of the Property Mr. Collin's implementation of substantial site ..preparation and improvements for up to four years to allow for buildout of the Reduced Density Alternative. 0 50% of the Non- Housing tax increment funds generated. from the completed Reduced Density Alternative project for a maximum of seven years, or until such time as the Maximum Financial Assistance has been provided, whichever occurs first. If the City and the CIC approve the Reduced Density Alternative within six months of the execution of the Settlement Agreement, the Collins is prohibited from reinstating Collins 2 and from filing further litigation against the City over the project. FINANCIAL IMPACT Redevelopment of the Property will have a positive financial impact to the City and CIC as a result of increased property taxes and other revenues generated by the Property. If the CIC at a future date commits future tax increment funds generated by new development on the Property in accordance with the terms of this Settlement Agreement the General Fund will not be adversely affected. Honorable Mayor and October 5, 2010 Members of the City Council Page 21 of 2 MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE The proposed actions are consistent with the City's General Plan and CIC's BWIP policies to promote redevelopment of blighted and contaminated formerly industrial waterfront properties as open space and housing. ENVIRONMENTAL REVIEW A full environmental impact report has been prepared for this project in compliance with CEQA. 1) Adopt a Resolution Certifying the Final Environmental Impact Report, Adopting Findings and a statement of overriding Considerations and Adopting a Mitigation Monitoring and Reporting Program; 2) Adopt a Resolution to Amend the General Plan; 3) Introduce an Ordinance to Amend the Zoning Ordinance; 4) Adopt a Resolution Upholding the Planning Board Resolution to Deny PLN08- 0160; and 5) Approve a Settlement Agreement pertaining to the redevelopment of the Property located at 2229 Clement Avenue. sp(�ctfully submitted, M71 nager AN rev Thomas Planning services Manager Exhibit: 1. July 21, 2010 Letter from Harper and Associates appealing the Planning Board's July 15, 2010 action. PLANNING &BUILDING K ff aTiNme This petition is hereby filed as an appeal of the decision of the: ,'?t ,n which (Planning and Building Director /Planning Board /Historical Advisory Board /Appeals Board) o 1 Z &D for applicatlo (Denied! anted /Established Conditions) number (Application Type) (Application Number) at (Street Address) on I. S (Specify Oate of Action) The basis of the appeal is: Su, awtiefu,.o C 1 oA �x— Q Cl/ -00'AL n QA 'CV 5 (if more space is needed, please attach additional sheets.) Appellant: �,c`S c4zM Contact Phone: (Appellant Name(s)) Address: bOS6 4 'S �-r� �:�,�.��A�,% (Appellant Address) Alameda Municipal Code (AMC) 30 25, Appeals and Calls for Review, provides that within ten (10) days a decision of the Planning Director or Zoning Administrator may be appealed to the Planning Board, and decisions of the Planning Board or Historical Advisory Board may be appealed to the City Council. In addition to the appbal process, decisions of the Planning Director or Zoning Administrator may be called for review within ten (10) days to the Planning Board by the Planning Board or by the City Council and decisions of the Planning Board or the Historical Advisory Board may be called for review by the City Council or a member of the City Council. i:4 C A processing fee of :0o must accompany th Petition for Appeal. No fee is required for a Call for evie Signed: (Appellant Signature(s)) *yF�k�rTr�r�F�F��e Jr 3r�lrk�Ir�r�Fair�r lc�k�k�r�+ �yFdr�rdr�k* �Ftk�FaYyFf�r�k* �r�F� �kyk����Y�e�F��iraF�; ���F�FyF�r�F�E�' �k9r: k�E' �t�crF�Fdr� +r�r�Y���k.�t'fr�F�ir k7F�9r�N��kYr�e* k ��Y� ���k' �Y�4r :ti�4 (For Office Use Only) Received By: Receipt No.: Date Received Stamp :.C"RRAXIC e hi bit City Council Exhibit I to Public Hearing Agenda Item #6 -113 HARPER AssocIATES 5858 H Street, Suite 255 a Emeryvi CA. 94608 (510) 42 0 -8455 iff F ax ('D f 0) 42 0-8913 a ghai -per @harperiaw.net July 2 I, 201 0 GIs. Kara Weisiger City Clerk 2363 Santa Clara Avenue, Room 380 Alameda, CA 94501 Re: Appeal of the Planning Board's July 15 Denial of Francis Collins' Boatworks Proposed Project; PONS 9--� 01K it N Dear Ms. Weisigen This firm represents I'+IIr. Francis Collins concerning the Boatworks Project for 2229 2235 Clement Avenue. On July 15 past the Planning Board denied the lar ned development and p P design review permits for the Proposed Project. Although Mr. Collins appreciates the finding that the Alternative Project had no significant environmental impacts that could not be :mitigated, he is appealing the denial of the permit applications for the Proposed Project on the following grounds: 1. All Environmental hn act findin s:All oP the significant impacts identified for the Proposed Project, having only 25% more units than the Alternative Project, were equally remediable by the mitigation measures recommended for the Alternative Project. In addition, the project was of a State-reconunended density that was consistent with: ABAG policy and its recommendations for the City, the State's Density Bonus and Housing Affordability Acts, and the City's General Plan.. Indeed the unsupported findings of significant impact, including that for the Parr Street Bridge, contradicted the City's envirorunental findings with respect to the Housing and Transportation elements of its General Plan. 2. Traffic and Pedestrian Safe The EIR does not show that pedestrian traffic will be significant around the Proposed Project, and if it were there are many traffic signal and other mitigations that could have been applicable. 3. Site flan Design and Emergency vehicle .Access: The Design met all guidelines provided by the City and those generally accepted by planning professionals. It was improper for the City to suppose illegal and other rare events in order to expand emergency access guidelines that it had approved for other developments. The internal alleys were not required for fire access, and their 20 foot width was sufficient because no parking would be allowed in the alley gays. 4.- o en Space and Public Safe The open space for project was designed to provide a great deal of neighborhood observation such that police surveillance would not be necessary. Secondly, the intimate design was necessary in order to accommodate the density mandated by the State given the extensive affordability component of the Proposed Project while protecting the intent. of Measure A to the greatest extent possible, 5. Architectural Design: Ire order to meet the proposed affordability levels, sorne degree of design uniformity within each type of unit had to be present, but there were a number of different types and within the types the exteriors would vary much more than the layouts. Unfortunately, because Mi Collins was not provided the opportunity to explain this to the City and describe the various exterior features, the Planning Board may have assumed otherwise. Yours, Greg Harper XTERNAL CORRESPONDENCE :i. Clerk's Office i the attached external correspondence on 08-31-10 reg,arding, Agenda 1 0ww05r=10 Aw's Ayenda Fel L 4 \.g FE D City of Alameda 2263 Santa Clara Avenue Alameda, CA 94501 2013 AUG 3 1 A '11- 50 August 30, 2010 To: Mayor Beverly Johnson Vice Mayor Doug deHaan Councilmember Lena Tam Council Member Marie Gilmore Councilmember Frank Matarrese C I T Y 1 C; f: t' ED A i Y C EPK OFFICE RE: Public hearing on September 7, 2010; Resolutions concerning the Boatworks Project Dear Mayor Johnson and Council Members; "PARKS are unique places where children can play, people can exercise, families can bond, seniors can socialize, youth can be mentored, cultures can share and celebrate their differences, and everyone can connect with nature (Quote from the California Statewide Park Program. See page 4 of the document at htt w a °ks.ca& ov a es 100 flies s a lication uide 2009 df For 10 years Estuary Park Action Committee (EPAC) has been advocating for the 10 acre oak Street Estuary Park planned along the Estuary at Clement and oak Street. This park was conceived as part of Alameda's 1991 Master Plan and remains in the plan to this day. The park is now referred to by City Planning as the Northern Waterfront Park. 4.6 acres of the park would occupy a portion of land owned by Francis Collins. (The remainder of the 10 acres is land owned by Dutra Dredging). Mr. Collins proposed to build on his land a high density housing project called "Boatworks" containing 242 units, leaving only a green walkway along the waterfront. The City Planning Department has held meetings regarding the 242 Home Boatworks proposal. At the Planning Board meeting on July 15, the Board formally denied the project as proposed by Francis Collins. Unfortunately the Staff recommended and the Planning Board accepted a plan that would not include the oak Street Estuary Park (Northern Waterfront Park). Instead the Staff and the Board chose to recommend to the City Council a "Reduced Density" plan that would allow 175 homes, the extension of Blanding Avenue and Walnut Street through the project, and just 2 acres of open space. The open space would be approximately a 100 foot strip along the waterfront as required by the San Francisco Bay Conservation and Development Commission, not an active park in any way. lRiv OA E STUARY ,erg t NORTH PA WATERFRONT I n 1991 the City of Alameda placed the oak Street Estuary Park (Northern waterfront Park) in the Master Plan for the very reason that it would serve a part of our city that is very deficient in active park space. The park was envisioned as an active park with sports fields and water recreational opportunities and as a wonderful asset for the citizens of Alameda to enjoy. This 10 acres of land on the Estuary is the only available land in this part of Alameda on which an active park can be developed. According the 1991 Alameda City Master Plan: Section 2.6.j says, "The park would serve the city sector with the greatest current shortage of parkland." Section 3.2.i says, "Ensure that sections of the Estuary waterfront remain visually unobstructed. Most of the Estuary waterfront not devoted to industrial use is developed as marinas which block vistas. The proposed Estuary Park will be on the most prominent viewpoint." Section 6. Le, "This park wi ll require a major funding commitment by the City but will probably do more than any other single project to ensure Alameda's long -term quality. It could have the character of San Francisco's Marina Green and would attract all age groups to enjoy large and small boats on the Estuary, views of the Oakland skyline and hills, and active sports. The new park would serve a sector of the City that is short of park space, and would guarantee the high quality of housing proposed for the area." One excuse that has always been used for not developing the park is that the city doesn't own the land. But most lands where parks are planned are or were owned by someone else. The Beltline was owned by a corporation and is now owned by the City. Alameda Point is also owned by another party and purchase is required Actually Mr. Collins' attorney has stated that Mr. Collins would sell the land for the park. But the city has never had the land appraised so a value of the land cou be documented in grant requests, and put forth as an offer. When Mr. Collins requested that all of the land he owned be rezoned from M1 to residential use, the City Council agreed to rezone only that portion that did not include the 4.6 acres that had been set aside for the oak Street Estuary Park (Northern waterfront Park), which maintained the possibility of the park should the City obtain funds to purchase the land. Task Force: History of City Council Directions to City Manager Kurita. At the October 3rd, 2006 City Council meeting, during a conversation about the Beltline property, including monies for purchasing the land, Mayor Johnson talked about looking for grant money to purchase park land. A citizen suggested the public could assist with funding research and grant writing. The mayor then went on to suggest a task force be established to formalize community involvement. The Council agreed and ordered a task force be formed that would work with Recreation and Parks to look for funding and assist with grant writing. Dale Lillard, Recreation and Parks Director, was present at Page 2 of 8 the meeting. (See video of the meeting, at 1 hour and 10 minutes into the meeting, at http:// id=2&c1ip id=42& ublish id &event id= EPAC was present at this meeting also and we believed that the task force was being created to assist with funding for both Oak Street Estuary Park (Northern Waterfront Park) and The Beltline, At the April 3, 2007 City Council meeting, the Council unanimously voted to approve the Planning Board decision to deny Mr. Collins' plan at that time for the Boatworks Project. Councilmember Matarese stated that the project didn't conform with the General Plan and was not consistent with rezoning enacted throughout the City to implement the City's General Plan. (See video of the meeting at http:llalameda.granicu id =2 &cli id =42 ublish id= &event id= During that meeting, Councilmember Tarn ask Andrew Thomas, Planning Manager, if the applicant (Francis Collins) was aware that the city had set aside a portion of his land for the park. EPAC has met with Mr. Collins' architects from Banta and Associates many times since 2002 so Mr. Collins was certainly aware of the General Plan designation for the park prior to submitting his design for a project of 242 units. During the April 3, 2007 City Council meeting, Councilmember deHaan inquired about progress in implementing the task force previously ordered. City Manager Kurita responded, "'We are in the process... I can get you an update on that." Councilmember deHaan also asked the City Manager if she was looking for funding. She replied, "always." On September 4, 2007, EPAC heard that the City was delaying the task force for 2 years. We read in the paper that the City was hiring a consultant to assist with the Beltline Park planning. Dorothy Freeman, a member of EPAC, attended the City Council meeting to inquire about this decision. (See video at 51 minutes and 24 seconds into the meeting at Mayor Johnson said she didn't believe the Council had discussed delaying the task force. She stated that funding for flak Street Estuary Park (Northern waterfront Park) was an urgent problem and Council should discuss it in the upcoming City Council meeting to establish funding priorities. The Mayor also stated that maybe a bond measure could be considered for park funding. Councilmember deHaan asked City Manager Kurita what the status of the task force was and suggested an agenda item be planned to discuss the park. City Manager Kurita replied she would provide an "off agenda item" report and that she would have to confer with Mr. LiIlard, Director of the Recreation and Parks Department There is no record of the promised off agenda report ever being made by City Manager Kurita. During 2009 Andrew Thomas, Planning Department Manager, worked with EPAC to research funding possibilities and he sought an agreement with Mr. Collins to provide acreage for the park, but was unsuccessful. In March 2010, EPAC met with Interim City Manager Gallant, Dale Lillard, Recreation Parks Director, and Andrew Thomas, Planning Department Manager regarding the task force and the lack of support by Page 3 of 8 staff for Oak Street Estuary Park (Northern waterfront Park). Ms. Gallant stated that she had never heard that the City Council had ordered that a task force be formed for the parks. In fact, EPAC is not aware of any discussion between her and the City Council regarding Council's direction to form the task force. Attempts by EPAC to Secure Funding and Support for the Park by the City of Alameda. Approximately 10 years ago, EPAC presented the City with 300 signatures, gathered in our community, supporting the Oak Street Estuary Park (Northern waterfront Park). we have periodically gathered signatures and presented them to City Planning and City Council so they remain informed about the community support for the proposed park. Since 2002, EPAC has been looking for monies available by grants and reported the opportunities to the City. Jean Sweeney, a member of EPAC, is the one who located the Proposition 40 state grant offering, so EPAC informed Recreation and Parks about it. A Proposition 40 grant request was prepared by Recreation and Parks to purchase the portion of the park that lies on Dutra property, but the grant request was not successful. EPAC has attended numerous Planning Board meetings and Recreation and Parks Commission regarding the Oak Street Estuary Park (Northern waterfront Park). .lean Sweeney also identified Proposition 84 grants, for which 2" round funding is still available. EPAC took this information to City Planning and to Recreation and Parks Department. The City staff failed to prepare a grant request for the first round funding. A second round funding for Proposition 84 will be held in 2011. The maximum grant for Proposition 84 is $5 million. President Obama has indicated a Federal funding source for public parks and open space preservation coming up for 2014 grants. EPAC has shared this information with the Recreation and Parks Commission. EPAC contacted the Trust For Public Lands and facilitated contacts between that organization and the Alameda City Planning department. TPL was very interested in assisting with the Proposition 84 grant, but decided not to continue with the effort. City Planning informed EPAC that an application was not submitted since the likelihood of obtaining the grant was low, because for one Alameda does not have enough low income residents to qualify. But Proposition 84 (Summary of Requirements attached) states: "The community within PROXIMITY of the PROJECT SITE has a ratio of less than 3 acres of USABLE PARK SPACE per 1,000 residents. OR The median household income of census tracts in proximity to the PROJECT was lower than $47,331 based on the California State Parks Community Fact Finder report While Alameda may not have enough poor people to qualify for Proposition 84 grant money, it certainly doesn't have enough park land in the vicinity of oak Street Estuary Park (Northern waterfront Park). This fact is verified by the California State Parks Community Fact Finder. The proximity of a mile radius around Oak Street Estuary Park (survey distance used in the California State Parks Community Fact Finder) reveals a total of 8.17 acres of park land, or just 1.56 acres of park land per 1000 people. The majority of the 8.17 acres are in Oakland's Union Point Park located across the Estuary from our island city! A grant application could certainly note that fact and indicate that Page 4 of 8 Alameda certainly qualifies for Proposition 84 grant money since Alamedans could not be expected to travel some distance to a park across a body of water via a very busy bridge. So the lack of available park space near oak and Clement Streets is worse than the Fact Finder indicates. There are no active park areas close to this part of Alameda. Also, there are few passive park areas within this part of Alameda. The land for oak Street Estuary Park (Northern waterfront Park) is the only land available to provide our neighborhood and the Park Street business community with an open area to participate in active sports, waterfront activities, or an open air amphitheater that could draw visitors vital to business along Park Street. Alameda does not need a low income level of residents to qualify for this grant opportunity. The fact that a major area of Alameda is park poor is a very good starting point. EPAC believes the other requirements for qualifying for Proposition 84 funds are within reach if the City will just raise the priority of the project. Part of the grant request for Proposition 84 required a park design. EPAC, using the outline in the General Plan indicating a need for an active park, created a visionary design of the park area so Alameda citizens could see what was possible within 10 acres of land on the Estuary. EPAC gave this design to the City Manager Gallant, Andrew Thomas, Planning Department Manager, the Recreation and Parks Commission and Dale Lillard, Recreation and Parks Manager, to use as a starting point for the community meetings required to develop a design Alameda citizens embrace. EPAC volunteered to chair the public meetings required to create community involvement in the process of designing the requirements for the park.. EPAC spoke at the Alameda Mayors Conference, requesting that our neighboring cities share their expertise in funding and creating neighborhood parks. A couple of cities did share ideas with us. EPAC contacted State Representative Swanson's office and arranged a meeting with his Alameda Aide. The meeting resulted in Rep. Swanson "s interest in Oak Street Estuary Park (Northern waterfront Park) and a promise of assistance with obtaining state grant monies. EPAC contacted Federal Representative Pete Stark's office and obtained referrals to places that could secure Federal and private grant monies for purchasing park land. Rep. Stark's aides informed EPAC that his office would be available to assist in any way possible during searches for funding. Alameda Recreation and Parks Commission included oak Street Estuary Park (Northern waterfront Park) in the original list of projects for Measure WW monies from East Bay Regional Parks. EPAC attended a Bay Area open Space Council meeting and learned there are 52 organizations within the greater Bay Area who are professionals at helping create parks and preserve open space. EPAC has kept the City staff aware of scheduled BAOSC meetings so a representative could attend and learn of the great resources these organizations can offer to our city's efforts to provide parks and open space. EPAC provided a response to the Boatworks Draft Environmental Impact Report (DEIR) and presented it to the Planning Department and the Planning Board. The final EIR has recommended removing any reference of the proposed park from the General Plan. Page 5 of 8 Planning Board and Staff Recommendation: The Alameda Planning Board and Staff will recommend the Lower Density option proposed in the EIR. This option recommends 175 homes, extending Blanding Avenue and walnut Street through the project. Fifty eight of these homes would be on the land set aside for the park. The option also eliminates the Oak Street Estuary Park (Northern Waterfront Park) and replaces it with an approximately 100 foot wide strip of public open space along the waterfront. By narrowing the strip from 300 feet to just 100 feet, the potential use for anything except a path way along the waterfront has been eliminated. The recommendation from Staff also removes any mention of the park from the Master Plan so the possibility of any park space for this area of Alameda is eliminated for all time. The staff recommendation also states that since Alameda will have the Beltline Park and future possibility of parks in Alameda Point, this park is no longer needed. EPAC agrees that the Beltline and Alameda Point are truly wonderful opportunities for Alameda and will be wonderful additions for the Webster Street business community. But the Beltline and Alameda Point will do little to provide our neighborhood, which includes the Park Street Business community and Alameda Civic Center, with an active park where sports events, fairs, waterfront activities, and many other unforeseeable events can be reasonably held. EPAC believes all of these park spaces are required as Alameda continues to increase the population of the Island. As the density of population is increased, the need for park space also increases. The people in our neighborhood require a place to go to play, to relax, to meet and greet, to celebrate each other communally. If not in Alameda, where? What EPAC Has Done: EPAC has worked hard for many years to retain the idea of the Oak Street Estuary Park (Northern Waterfront Park) that was envisioned by our city planners in 1991. They had an idea that was so important to the City that they put it in the General Plan. The City of Alameda has missed many opportunities to bring the idea of park to fruition. Funding sources available during the plush times of the 1990's were not tapped. Available state funding sources for parks and open space have not been applied for so monies have gone to other cities. Available Federal funding sources have not been applied for. Private funding sources that are available to bring recreational resources to youth, to preserve waterfront property, and open space for the people have not been applied for. But many resources are still available. Professional organizations that specialize in helping cities save land for parks and open space have not been utilized. A task force of citizens and staff could be working on finding these resources and applying for them. Alameda presently has planned for 1600 new residents in the near future. This does not include any new homes that may eventually be built in Alameda Point. EPAC supports responsible building of new homes, including the proposed very low, low, and moderately priced homes like those that will be provided by Boatworks. We also would like to see our neighborhood transform from a blighted industrial area into a beautiful residential community. But the loss of approximately 20 very low, low, and moderate housing units that would be provided in the 4.6 acres where Mr. Collins wants to build will not put Alameda's requirements for low income housing in jeopardy. Alameda will still be able to Page 6of8 provide housing for families that need assistance. But the city must also consider the quality of life for our citizens. open space strips along the waterfront are not Parks where people can participate in recreational activities. Case in point: Bay Farm island shoreline has only open space along the waterfront with just one small park space that can be used for family activities. Most of the 100 foot shoreline provides only a path where people can walk, jog, or ride their bikes. We can provide better resources for our citizens and we can protect our Estuary shoreline to be enjoyed by our citizens and as a beautiful space to invite visitors to enjoy with us. Our Rec The staff report and Planning Board decision to allow a Boatworks project without an active park should be changed to retain the possibility of the park. A city has a responsibility to provide an environment that considers the quality of life for the residents by building a "neighborhood park, by size, program, and location, that provides space and recreation activities for the immediate neighborhood in which it is located. It is considered an extension of neighborhood residents' out --of yard and outdoor use area and is 5 to 25 acres in size Mr. Collins' land has been considered clean of toxic substance for several years. However, the Fox property that has been purchased by Mr. Collins will not be cleaned until 2011. The Five A's Storage property (now called Easy Storage) will not be cleaned until 2012. The Dutra property will not be cleaned until 2011. Many of the toxic substances on these lands are known to be carcinogenic. EPAC believes construction should be delayed until ALL properties adjacent to the proposed project have been certified as clean for residential use by the California Department of Toxic Substances Control (DISC). This cleanup is necessary to remove any possibility of contamination to construction workers and adjacent residents and businesses within the area. Pollutants are known to exist in the ground water. The Collins property should be recertified to verify that underground pollutants have not moved and re- contaminated his property since it was certified as cleaned. EPAC recommends the City Council modify the Boatworks project, accordingly: 1. The project should be divided into 2 phases: Phase 1 would involve construction between the Blanding Street extension and Clement Avenue, and Phase 2 would involve construction from the Blanding Street extension to the waterfront. 2. The present zoning for the 4.6 acres on the waterfront side should remain. 3. The Council should not eliminate the Oak Street Estuary park (Northern Waterfront Park) from the Master Plan. 4. The Council should allow Mr. Collins to build Phase 1 in the section between the Blanding Street extension and Clement Ave. 5. The Council should direct Staff to formally create the task force of involved citizens to locate monies for the parks. The City Council would monitor staff to verify it is working in good faith to locate funding for purchase and development of the park. 6. The Council should define a specific time period for the task force to locate funding for purchasing the land for the park. 7. The Council should direct the Recreation and Parks Department to apply for grants where the possibility of obtaining funds is likely. Page 7 of 8 8. The Council should permit Phase 2 building if funds to purchase the land are not obtained within the specific time period set in Item 6. 9. The Council could consider issuing a city bond measure (or appropriate tax), subject to ballot approval in 2011 or 2012, to provide ongoing maintenance revenues for all Alameda Parks. Mayor Johnson has suggested consideration of a bond measure. Funding will be necessary for the Beltline Park and any future parks at Alameda Point. our parks are in need of funding for maintenance now. We should ask our citizens to assist with keeping Alameda parks and open spaces in good order. Parks are an important asset to our city. They actually have value. Parks help keep property values up and are needed to draw families who want to live in our city. Alameda does not have the opportunity to increase land mass. Protecting undeveloped land for parks in ALL of the island neighborhoods is important. Please vote to retain the Oak Street Estuary Park (Northern Waterfront Park). Y .uas respec y, Dorothy Freeman Page S of 8 3 points (most) The RESIDENTS identified their preferred RECREATION FEATURES (not limited to a few predetermined options presented by the APPLICANT), and then selected RECREATION FEATURES for the proposed PROJECT. 6 points (most) If the. PROJECT will include all four of the following listed techniques. (Must include at least 2 of these to be considered. 1. Use of water .efficient irrigation system that includes a rain sensor and soil moisture meter, or on -site water recycling that reduces potable water consumption. 2. Incorporate pe.ryious surfaces or other technique(s) such as bio- swales or grading to capture storm water for infiltration or irrigation or cleanse storm water before release. 3. At least.10% of the materials .for PROJECT construction will consist of recycled materials, or construction waste will be minimized by the separation and recycling of recoverable materials generated during construction. Attachment 2: Note: This report was created by placing the center of the Fact Finder circle at the mid point of the eoatworks project property at Clement Street and Oak Street. http: /www.parkinfo.or� /caparks /grantee California State Parks Community FactFinder Report This is your Community FactFinder report for the project you have defined. Please refer to your Project ID in any future communications about this project. Project ID: 10215 Date created August 27, 2010 County: Alameda City: Alanneda Coordinates: 37.772547, 122.240796 Total Population: 5,236 Median Household Income: $50,636 Number of people below poverty line: 734 Park acreage: 8.17 Park acres per 1,000 population: 1.56 All numbers above have been calculated based on a mile radius from the point location of your project. Demographics are figured by averaging population. numbers over selected census .block groups and using the percent of the block group within the project circle to determine the actual counts. Parks and park acres are based on best available source information but may not always contain exact boundaries or all parks in specific locations. Parks acreage does not include major lakes or ocean. Users can send update information to: Data Sources: Demographics Claritas Pop Facts, block group level (Apr. 2008) Parks Calif. Protected Areas Data base v. 1.3 (Aug. 2009) The Publl' Value of Urban Parks Chris Walker Parks have long been recognized as major contributors to the physical and aesthetic quality of urban neighborhoods. But a new, broader view of parks has recently been emerging. This new view goes well beyond the traditional value of parks as places of recreation and visual assets to communities, and focuses on how policymakers, practition- ers, and the public can begin to think about parks as valuable contributors to larger urban policy objectives, such as job opportunities, youth development, public health, and com- munity building. This first in a series of policy briefs reviews the traditional value of parks and explains how parks are claiming new attention for their broader potential. It goes on to discuss how parks are building new partnerships to strengthen their communities in these broader ways —but that, to do so, they need reliable information about community needs and the effects of actions intended to meet those needs. The brief concludes with a dis- cussion of how public support for parks increases as they expand their role, creating a self- reinforcing process. and operate recreational facilities and pro grams--is still widely embraced by commu- nity members.' Parks are valued even by those who do not use them, For example, one study found that three- quarters of the respon- dents who said that they did not themselves use parks nonetheless reported receiving ben- efits from them, with many of those benefits tied to opportunities for children (Godbey, Graefe, and James 1992). Parks' value to neighborhood quality is fur- ther confirmed by studies that find a statistically significant link between property values and proximity to green space, includ- ing neighborhood parks and urban forested areas. One study found that the value of properties near Penrypack Park in Philadel- phia increased from about $1,000 per acre at 2,500 feet from the park to $11,500 per acre at 40 feet from the park (Hammer, Coughlin, and Horn 1974). Another found that the price of residential property- -based on data from three neighborhoods in Boulder, Colorado decreased by $4.20 for every foot farther away from the greenbelt (Correll, Lillydahl, and Singell 1978). The examples cited and the policy implications in these briefs derive largely from material gathered by researchers at the Urban Institute in the course of an evaluation of The Wallace Foundation's Urban Parks Initiative, a wide ranging effort to determine how to improve the quality of urban parks, particularly in low income neighborhoods, and to broaden urban leaders' understanding of the importance of parks to the health and vitality of cities. The Traditional The traditional view of parks and recreation departments —that they provide open spaces This connection between urban parks and neighborhood quality is receiving renewed attention from community developers as they strive to make their neighborhoods more attractive to low- income and, increas- ingly, middle income residents. A recent survey for Community Development Corpo- rations (CDCs)- -which were once focused largely on housing and commercial develop- ment activities reveals that about 20 per- cent of CDCs now invest in open -space programs, and that this activity area is under- going the most rapid expansion. This finding should be no surprise. CRCs respond to their communities, and the communities' priority is often more green space (see box) Sri ,.r -r,. n �x• 3 ra=w.' z y r........... F........ ......r..,...... .,.x�..... r......>......� rr..>.. r. �+.-..a..... n e:. e..... n. r. N.- a...... y.... e.« w. t�>.».a..•,- r.->./. r. nra Ya. w.. d. ar..... r.,,. d.«.,,,[.. d.«.. ee..«. w.« r.. n.. �.t,---.-... u: �f'."> r: �x' ras' m ��x�':...:.. Prospect Park's welfare -to -work program pro vides an excellent example. In this program (and similar ones throughout New York City), work crews consisting of recent welfare recipients perform routine maintenance. Parks are a partic- ularly fruitful area for such efforts because the work is low skill, continuously needed, and orga- nized so that a single park employee can super- vise a relatively large work crew. Park use is certainly a good (and generally free) way to engage in healthy exercise. Park pro- grams can he particularly useful in promoting healthful exercise among youth and the elderly. A study in Cleveland confirms the promise of parks in promoting health for Amer- icans age 50 and older Payne et al. 1998) Older park users (bikers, joggers, walkers) were found significantly healthier than nonpark users and reported feeling "renewed" after using the park, with greater frequency of use linked to better health. These active users also reported fewer physician visits. Hearts N' Parks —a community -based pro- gram supported by the National Heart, Lung, and Blood Institute and the National Recre- ation and Park Association —is a good exam- ple of an innovative health- focused program. It has two pilot sites, in North Carolina and Arlington County, Virginia. The Virginia pro- gram, launched in 2000, focuses on children, youth, and seniors at summer camps, parks and recreation centers, and after- school pro- grams. A survey of participants found that young people knew more about eating habits that promote good health, and that adults actually had healthier eating habits. In addition to their tangible contributions to youth development, employment opportunities, and public health, parks help build and strengthen ties among community residents by bringing people together, including those who are otherwise divided by race or class, and by helping them work together on common projects. These ties -often labeled "social capital represent subtle but important assets for a community. They provide avenues through which information, values, and social expecta- tions flow, and they empower people to tackle communitywide problems, embark on collec- tive actions, and advocate effectively for their community. The promise of social capital as a vital ingredi- ent in neighborhood health rests on a solid scientific foundation. Recent research demon- strates, for example, that a neighborhood's collective efficacy people's connections with one another and their capacity to work together to achieve shared goals ---can reduce crime and disorder, even in very poor commu- nities (Sampson, Raudenbush, and Earls 1 997). Research also points to the unique role that parks in particular can play in building the relationships that constitute social capital. For example, research on low income housing developments has found that park -like public spaces encourage residents to leave the iso- lation of their apartments, socialize with one another, and form lasting ties (Coley, Kuo, and Sullivan 1997; Kuo, Coley, and Brunson 1998). Moreover, the higher levels of social capital that develop in these settings contribute both to individual health and well -being and to the security and livability of the development as a whole 4Kweon, Sullivan, and Wiley 1998). Prospect Park in Brooklyn through its Com- munity Advisory Committee provides an excellent example of how parks can help people work together to achieve common goals. The Community Advisory Committee has about 90 members, representing a wide range of organizations and interests from the neighborhoods that surround the park. The Committee meets monthly and consists of four working groups operations, advocacy, education, and special events/membership. Twelve local officials also attend these meet- ings. In addition to the Committee's numer- ous accomplishments in educational outreach, business support, and advocacy for new pub- lic funding, it has strengthened the park's flies to the many ethnic and racial groups through- out Brooklyn. The park's hosting of the week- end festival Boricua, for example, prompted representatives from the Puerto Rican com- munity to organize a community group to plan and raise funds for future weekend festivals. Buildin Partnerships Can Help Parks Stren Their Communifies As parks managers devote more attention to their multiple and diverse community roles, they are forming partnerships with other public agencies and with nonprofit organizations. These partnerships are generating much excite- ment and interest. First, they are successfully 3 r per ,..y,., w�....,.....>,., ,.,.a.......�,_.... way..,-. �,✓K, M,. r...< a...,. x�..,.,.. x s��i.,:: mm.,..w.w..a../ a. w... >a.dy.r..,.y:� F'sF.�.. sew. u. cu ci" E:^;=` f.:.- d�. c--... r.....->. a.. i.-. w.«.., x:. rxu., ......«.,x 0 Expanded R The many activities parks have become involved in, and the partnerships these have engendered, have deepened parks agencies` ties to multiple constituencies. These ties can be useful as parks managers seek funding and other resources for maintaining and improving the quality and diversity of their services. But at the same time, parks managers face the challenge of "concentrated costs and diffuse benefits." The costs of building, maintaining, or upgrading parks are readily calculated and conspicuous. But the benefits parks provide are spread over many areas, making them hard to quantify and easy to overlook. flow, for example, can parks get full credit for their contributions to crime reduction? Do tax- payers recognize that these are distinct from —and in addition to --the crime reduction contributions of police department arrests and incarceration? To address this challenge effectively, parks managers need to engage in new and more aggressive forms of "case- making." This requires assembling the multiple and diverse community- building contributions of urban parks reviewed here and communicating their importance clearly and effectively. But this undertaking is complex, precisely because the credit for any wider benefits safer streets, increased property value, increased public health —are inevitably due in part to other fac- tors as well. Thus, parks' justifiable claims for due credit need to be firmly grounded in evi dence; and parks need to be generous in acknowledging the share of the credit due to the nonparks actors in the story. Here is how Charles Jordan, Director of the Portland, Oregon Parks and Recreation De- partment, puts the issue: We —the urban park and recreation pro fessionals —are responsible for meeting the challenges our communities are fac- ing and (or communicating and demon- strating that parks and recreation are part of the solution... We have all the tools parks, people, and programs need to make an extraordinary and compelling case in terms of education, economic development, health, and juvenile delin- quency.... Yet we haven't presented the evidence in a unified way nor do we have a coherent strategy to win this case... Once we have the evidence together we won't have to look for [partners] they will find us. Our potential allies will see that their potential will never be realized until we —the urban parks advocates —are part of the solution. When parks and recreation professionals become true partners in community building, others in the community are more likely to help make the case for additional private and public funding for parks. The Louisville Olmstead FIGU Do Garfie Park.Conservator Visito C o me f Inside or outside the Neighborhood? 5 ..r :s .f' x�_ a Parks Conservancy is an excellent example of the power of nonprofit advocates. Working in partnership with the City of Louisville and Metro Parks, the Conservancy provides planning and funding for park improvements through dona- tions from corporations, individuals, and foun- dations. In its first 10 years, the Conservancy raised close to $10 million in private donations, which leveraged an additional $4.5 million in city investment for park projects. Prominent nonprofit partners are helping parks fulfill their new and broader community devel- opment role. The City Parks Alliance, an orga- nization comprising city parks leaders from across the country, belongs to this wave of the future. An outgrowth of the Wallace Urban Parks Initiative, the Alliance was formed in response to a broad -based movement of city park advocates who recognized the critical role parks play in the revitalization of our cities. Another extremely encouraging sign that the broader view of urban parks is gaining cur- rency is the cooperation between national community development organizations and the Trust for Public Land (a nonprofit organiza- tion that helps communities across the coun- try fund and carry out land conservation) to bring increased attention to urban parks as assets in neighborhood revitalization. In New York City, the Trust for Public Land has worked with the Enterprise Foundation and the Coun- cil on the Environment of New York City in South Bronx, Central Brooklyn, and Upper Manhattan to create community gardens and parks as part of housing renovation projects carried out by community -based organizations. In Chicago, Mayor Richard Daley has demon- strated a particularly strong appreciation of the value of parks in helping build communities in multiple ways. In his 2003 inaugural and state of the city speech, he touted his achievements in working with the city council to make neigh- borhoods places where people want to live and work, make streets safer, give children the edu- cational opportunities they deserve, and provide incentives for new businesses and housing across the city. He concluded by noting that all these achievements had been "partly because of our excellent system of parks and the team at the Chicago Park District for all they've done to upgrade our park system and expand its programs, especially neighborhood programs for teenagers and young adults." The new and broader view of parks presented here has emerged through innovative pro- grams and partnerships under way in a grow- ing number of cities. This new view capitalizes on the tremendous value parks generate by providing open space and recreational oppor- tunities. But it goes further it recognizes parks as vital contributors to the achievement of wider urban policy objectives, including job opportunities, youth development:, public health, and community building ---all of which help strengthen the neighborhoods in which parks are located. For parks managers, this view reinforces the critical importance of gath- ering reliable information to help make wise resource choices based on what communities and their residents most want from parks and decide how best to deliver on those needs. 1. See, for example, Ulrich and Addoms (1981). 2. See Correll, Lillydahl, and Singe[[ (1978); Hammer, Coughlin, and Horn (1974); Kitchen and Hendon (1967); Phillips (2000); Tyrvainen and Miettinen (2000); Welcher and 7erbst (1973). 3. For more information on how parks can provide innovative youth development opportunities, see "Urban Parks as Partners in Youth Development," the third brief in the parks series. 4. For more information on how parks managers can find answers to these kinds of questions, see "Understanding Park Usership," the second brief in the parks series. 5. From "Ask the Expert," an online interview with Charles Jordon at http://pps.org/upo/askexpert/ one- qa ?qa- id= 55 &ga..,.id =55. 6. See http:// www .olmsteadparks.org /about.htm. Coley, Rebekah Levine, Frances E. Kuo, and William C. Sullivan. 1997. "Where Does Com- munity Grow? The Social Context Created by Nature in Urban Public Housing." Environment and Behavior 29(4): 468 -94. Correll, Mark R,, Jane H, Lillydahl, and Larry D. Sin gell. 1978. "The Effects of Greenbelts on Resi- dential Property Values: Some Findings on the Political Economy of Open Space." Land Eco- nomics 54(2): 207 17. Godbey, Geoffrey, Alan Graefe, and Stephen W. James. 1992. "The Benefits of Local Recreation and Park Services: A Nationwide Study of the Perceptions of the American Public." Ashburn, VA: National Recreation and Park Association. Hammer, Thomas R., Robert E. Coughlin, and Edward T. Horn IV. 1974. "The Effect of a Large Urban Park on Real Estate Value." American Institute of Planning .Journal July: 274 77. Kitchen, James VII., and William S. Hendon. 1967. "Land Values Adjacent to an Urban Neighbor- hood Park." Land Economics (46 ):357 -60. 6 The U i n I nstitute 2100 M Street, INW =Washington, DC 20037 The Urban Institute 2100 M Street NW Washington, DC 29037 Phone: 202- 833 -7200 Fax: 202- 467 -5775 E -mail: pubs @ui.urban.org The Wallace Foundation Two Park Avenue, 23rd Floor New York, NY 19016 Phone: 212- 251 -9700 Fax: 212 -679 -6990 E-mail: info @wallacefoundation.org The views expressed are chose of he authors and do not necessarily reflect those of the Urban Institute, its board, .onsor5, or other authars in 7 s, Permission is granted for repro ction oil this document, vv ith attribution to the Urban Institute, Nonprofit org. U.S. Postage PAID Permit No. 8098 Ridgely, MD The Urban Institute The LJrban Institute is a nonprofit, nonpartisan policy research and educational organization established in Washington, D.C., in 1968. Its staff investigates the social, economic, and governance problems confronting the nation and evaluates the public and private means to alleviate them. The Institute disseminates its research findings through publications, its web site, the media, seminars, and forums. Through work that ranges from broad conceptual studies to administrative and technical assistance, Institute researchers contribute to the stocK of knowledge available to guide decisionmaking in the public interest. The lVallace Foundation The Wallace Foundation is an independent, national private foundation established by DeWitt and Lila Acheson Wallace, the founders of The Reader's Digest Association. Its mission is to enable institutions to expand learning and enrichment opportunities for all people. It does this by supporting and sharing effective ideas and practices, To achieve this mission, The Wallace Foundation has three objectives: Strengthen education leadership to improve student achievement Improve after school learning opportunities Expand participation in arts and culture For more information and research, please visit http /www.wallacefoundation.org. CITY OF ALAM EDA RESOLUTION ON NO. CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BOATWORKS RESIDENTIAL PROJECT, ADOPTING .FINDINGS.AND A STATEMENT OF OVERRIDING CONSIDERATIONS. FOR THE BOATWORKS RESIDENTIAL PROJECT REDUCED DENSITY ALTERNATIVE WHEREAS, on October 12, 2009, the City issued a Notice of Preparation "NOP of the Draft Environmental Impact Report "DEIR for the Boatworks Residential Project (State Clearinghouse No. 2009102040); and WHEREAS, the NOP was circulated for comment by responsible and trustee agencies and the public for a total of 127 days from October 12, 2009 through February 10 2010 during which time the City held a public sco in 9 9 y p p 9 meeting on January 20, 2010; and WHEREAS, the DEIR, consisting of a one volume plus the DEIR Appendices, was issued on March 12, 2010, and was circulated for public review through April 28, 2010, for a total of 40 days, during which time the City held a public hearing on the DEIR on April 20, 2010; and WHEREAS, following the close of the public review period, the Final Environmental Impact Report "Final EIR was prepared, which responds to the written and oral comments received during the public review period; and WHEREAS, the Final EIR, which consists of the. DEIR and DEIR Appendices, published on March 12, 2010, as well .as comments on .the DEIR, responses to those comments, and revisions to the DEIR contained in the Final EIR volume published on June 9, 2010 was made available to the public for review on June 9, 2010; and WHEREAS, the Planning Board held a duly noticed public hearing on the Final EIR on June 21, 2010, and examined pertinent maps and documents, considered the testimony and written comments received; and WHEREAS, the Final EIR was presented to and independently reviewed and considered by the Planning Board; and WHEREAS, after consideration of the Final EIR and oral and written public testimony, the Planning Board unanimously recommended that the City Council certify the Final EIR for the reduced density alternative; and WHEREAS, the City Council held a public hearing on September 7, 2010 and considered the Final EIR and oral and written public testimony; NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Certifies that the Final EIR for the Boatworks Residential Project has Resolution #G -B 10 -05 -10 been completed in compliance with the California Environmental Quality Act, Public Resources code section 210.0.0 of sect., the state CBQA Guidelines, California code of Regulations, title 14, section 15000 et seq., and all applicable state and local guidelines, and reflects the independent judgment of the City. 2. Finds that the Reduced Density Alternative, which is describe d in detail on pages 5 -9 to 5-12 of the DEIR (as amended by text changes shown on Final EIR page), and in .the June 21, 2010 staff report and materials presented to the Planning Board is .a feasible, environmentally superior alternative to the proposed project and is consistent with the project objectives identified in the EIR. 3. Adopts the Findings and statement of overriding Considerations for the Boatworks Residential Project Reduced Density Alternative, attached hereto as Exhibit A. Page 2 of 2 F X141RIT A FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE BOATWORKS RESIDENTIAL PROJECT REDUCED DENSITY ALTERNATIVE I. ENVIRONMENTAL REVIEW PROCESS The Final Environmental Impact Report on the Boatworks Residential Project (State Clearinghouse No. 2009102040) "Final EIR" or "EIR"), prepared by the City of Alameda "City pursuant to the California Enviromnental Quality Act ("CEQA."), Public Resources Code Section 21000 et sect., analyzes the potential enviromnental impacts of implementing and constructing the Boatworks Residential Project "Proposed Project and alternatives, including a Reduced Density Alternative. The Final EIR considers the environmental effects of all aspects of the project from construction through full occupancy, including work to prepare the property for redevelopment and environmental remediation activities. Mitigation measures are included to address the impacts of site preparation, remediation, construction, and full occupancy. The Final EIR consists of the Draft. Environmental Impact Report ("DEIR. and DEIR Appendices, published on March 12, 2010, as well as comments on the DEIR, responses to those comments, and revisions to the DEIR contained in the Final EIR. volume published on June 9, 2010. The EIR is a project -level EIR pursuant to Section 15161 of the State "CEQA Guidelines" (California Code of Regulations, Title 14, Section 15000 et seq.). On October 12, 2009, the City issued a Notice of Preparation (NOP) indicating that an EIR would be prepared for the Proposed Pro j ect. The NOP was filed with the State Clearinghouse and circulated to governmental agencies and the public for 30 days for review and comment. Comment letters were received. The DEIR was published on March 12, 2010, for a 46 -day public review period that ended on April 26, 2010. During that time, the .DEIR was reviewed by various governmental agencies, as well as by interested individuals and organizations. In addition, members of the public were invited by formal public notice to submit comments on the DEIR in testimony at a public hearing held for that purpose on April 26, 2010. Additional public comments were received at this hearing. On June 21, 2010, the Planning Board endorsed the Reduced Density Alternative, which is described in detail on pages 5-9 to 5 -12 of the DEIR., and in the staff report and materials presented to the Planning Board on May 24th, and June 2I' 2010. On July 15, 2010, the Planning Board denied the applications for the proposed project to build 242 units on the property. The Reduced Density Alternative would require demolition of the existing buildings and removal of the existing hardscape and parking areas, like the Proposed Project. New construction would consist of 180 housing units, internal circulation roadways and pedestrian paths, and a wider waterfront esplanade than the Proposed Project. The waterfront land between the project site and the Oakland Estuary would be rehabilitated, similar to the Proposed Project, but the Reduced Density Alternative would create a larger area of publicly accessible waterfront open space. The objectives for the project and the alternatives, which are listed on pages 5-3) through 5-16 of the Draft EIR, are as follows: Eliminate blighting influences and correct environmental deficiencies in the area including, but not limited to, abandoned buildings, incompatible land uses, depreciated or stagnant land values, contamination, inadequate public improvements, facilities and utilities. Plan, redesign, and develop an underutilized site approximately 9.5 acres in size to complement the surrounding residential neighborhoods. Provide a variety of housing types consistent with City of Alameda General Plan (lousing Element goals and objectives. 0 Increase the supply of affordable housing in the City of Alameda. Reduce the impact of automobile use and energy consumption through site design and by facilitating public transit opportunities, and providing bicycle paths and pedestrian paths through the site and along the waterfront. Improve public access to and views of the waterfront by providing a waterfront promenade and allowing views to and through the site to the waterfront from Clement Avenue. The Final EIR was presented to the City Council, and the Council reviewed the Final EIR. The analysis and conclusions contained in the Final EIR reflect .the. independent judgment of the City. Based on all of the information and evidence in the record, the City hereby makes the following Findings with respect to the Boatworks Project Reduced Density Alternative. II. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF RELATED MITIGATION MEASURES The Final FIR identifies the following significant and unavoidable adverse impacts and related mitigation measures associated with the Boatworks. Project Reduced Density Alternative. Some of the significant and unavoidable traffic impacts identified for the Proposed Project would not occur under the Reduced Density Alternative, as described below. For the remaining significant and unavoidable impacts that would occur, the seventy of the impacts would be lessened under the Reduced Density Alternative compared to the Proposed Project. It is hereby determined that these significant and unavoidable adverse impacts are acceptable for the reasons specified in Section V, below. Impact 4.13• -4: Traffic at Intersection of Park Street and B andinor avenue The addition of project-generated traffic would cause the level of service at the signalized intersection of Park Street and Blanding Avenue to degrade from LOS E to LOS F during the a.m. peal( hour, and from LOS D to LOS E during the p.m. peal{ hour. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fever vehicle and transit trips than the Proposed Project. Under the Reduced Density Alternative, this significant and unavoidable traffic impact would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Implementation of Mitigation Measure 4.B -4, set forth below, which is hereby incorporated and shall be made a condition of the approval of the Reduced Density Alternative Development Plan, would improve vehicular operating conditions at the intersection of Park Street and Blanding Avenue by reducing average delay at the intersection by about 28 percent in the a.m. pear hour and by about 45 percent in the p.m. pear hour (improving the service level in each case from LOS F to LOS E). Mitigation Measure 4.B -4: The project shall pr fitll f u to restripe the Blanding Avene approaches (eastbound and westbound) at p Street to provide left tarn pockets, Modify the traffic signal to be filly actuated, provide protected left turn phasing, modify the traffic control at the private drivelvay of the PVaters Edge Nursing Home to stop sign control, include audible pedestrian push buttons and pedestrian count do heads, and optimize the signal timing to improve the f ow of t r cffi c vtjithout causing a significant impact to pedestrian or transit level of service. Th e restriping would rcc1rcirc the removal of 12 on street parking spaces. Impact 4.B -17: (Traffic on Park Street at the Park Street Bridore With the addition of traffic from the Proposed Project, most of the NITS roadways would experience increases in volume from baseline conditions but no changes in the level of service. Significant impacts would occur at the following FITS roadways At the Park Street bridge, the a.m. peak -hour service level in northbound direction would be LOS F under Baseline No- Project conditions, and the proj ect-- generated increase in traffic volume would be about.' 6 percent. This would be considered a significant impact. At the Park Street bridge, the p.m. pear -hour service level in southbound direction would be LOS F under Baseline No- Project conditions, and the project generated increase in traffic volume would be about 4.2 percent. This would be considered a significant impact. Under the Reduced Density Alternative, this significant and unavoidable traffic impacts would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Potential. Mitigation Measure 4.B --17a, which would require widening the Park Street bridge, is not feasible due to cost and because it is inconsistent with the General Plan, and is hereby rejected. Implementation of Mitigation Measure 4.B -17b, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density, would reduce the number of vehicle trips generated, but the level of reduction cannot be guaranteed. Therefore, the impact would remain significant and unavoidable. miti g ation Measure 4.B -17b: Prior to project occupancy, the project applicant shall putt into place a City approved TD.1111 program with the goal of reducing the number of peak hour trips by 10 percent. This will inciude the following measures. 0 .establish a Baatworks borne Owners Association (HOA) and OCRs for the project; Assess the HOA an annual fee in an arnortnt necessary to provide the following ongoing prog, rams: EasyPass program (unlimited transit pass, rtsable on AC Transit buses), two passes per unit, additional passes per rtnit for residents may be purchased at cost,. Bicycle facilities in each unit; 0 One car -share membership per residential ztnit; and Provide annual funding for transportation coordination services inclrtding, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding gffectiveness of programs and recommended enhancements to meet 10% reduction goal. Im pact 4.C-1: Inconsistency with ABAG Clean Air Plan For a local plan to be consistent with the regional air quality plan, it must be consistent with the most recently adopted CAP. while BAAQMD. is .in the process of preparing its 2009 CAP, the existing CAP is the Bay Area 2005 ozone .Strategy. General .Plans of cities and counties must show consistency with regional plans and policies affecting air quality to support a determination of a less than significant impact on air quality. BAAQMD identifies three criteria for CAP consistency determinations: (1) population growth for.the jurisdiction under the proposed local plan will not exceed the values included in the current CAP; (2) rate of increase in vehicle miles traveled (VMT) for the jurisdiction under the proposed local plan will not exceed the rate of increase in population; and (3)) transportation control measures (TCM's) identified in the CAP for implementation by the local jurisdiction are included in the project design. The Proposed Project and the Reduced Density Alternative are consistent with criteria (1) and (3) but not with criterion As discussed in DEIR Section 4.B, Transportation, the proposed development would result in a net new vehicle trip generation of approximately 2,31 b daily trips. using the URBEMIS2007 default trip length assumption of 9.5 miles for year 2011 for Alameda County, the resulting increase in VMT would be 19,500 miles. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. For year 2007, MTC data shows VMT for Alameda County of 36,402,500 miles. The Proposed Project VMT of 19,800 miles represents a rate of increase of VMT of 0.050 percent compared to a base year of 2007. MTC's population estimates for Alameda County are 1,558,6❑❑ in 2007. The Proposed Project population increase of 581 represents a rate of increase of population of 0.03 5 percent compared to a base year of 2007. Consequently, the rate of increase in VMT (0.050 would be greater than the rate of increase in population (0.035%) and the project would be considered not to be consistent with the CAP. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. In order to reduce the percentage growth of VMT to that of the population, it would be necessary to reduce project related STMT by 7,059 miles, or about 36 percent. Implementation of Mitigation Measure 4. C 1, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative, would reduce VMT, but not likely by the amount needed to reduce the impact to a less- than significant level. Therefore, the impact would remain significant and unavoidable. Miticratlon Measure 4,C -1: Prior to project occupancy, the project applicant shall put into place a City- approved Transportation Demand Management program with the goal of reducing the number of peak hour trips by 10 percent. This will include the following measures: Establ a Boatworks Home O�i)ners Association (HOA) and CCRs for the project, Assess the. HOA an annual fee in an amount necessary to provide the following ongoing programs: EasyPass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost, Bicy =cle facilities in each unit, i O ne ca mem bership per residential unit; and Provide annual funding fo transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. 5 Impact 4.0 -6. Cumulative Contribution to Global Climate Change. Operation of the Proposed Project would result in emissions of greenhouse gases that contribute to global climate change. Greenhouse gas emissions would result from. increases in motor vehicle trips, as well as from natural gas combustion, landscape maintenance activities, and other sources. The Reduced Density Alternative would reduce the number of units on the project site, thereby ecreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site, this alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. The GHG emissions resulting from this project do not represent a significant contribution. to global climate change based on any existing, adopted significance threshold. First, project emissions do not exceed any established air duality significance thresholds that apply to the construction or operation of the project. with respect to construction, GHG emissions are minor (only 145.2 total metric tons of Cote) and of temporary duration. while .operational emissions would exceed both the proposed 1,100 metric ton per year threshold and the proposed 4.6 metric ton per year per service population threshold of the BAAQMD, these thresholds are currently in draft form at the time of this analysis. Although these thresholds are only proposals at the time of this analysis, they are relevant to this analysis because they are the only quantitative. thresholds currently in existence proposed by a regulatory agency with jurisdiction over the Proposed Project. In light of the foregoing, and given that total operational GHG emissions from the project are 4,774 metric tons of CO2e per year, this analysis finds there are significant impacts with respect to quantifiable GHG emissions resulting from the project. Mitigation Measures 4.C-1, 4.C-6a, 4.C-6b, and 4.C-6c, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce GHG emissions associated with energy use of the Proposed Project. However, mobile GHG emissions alone represent approximately 72 percent of the total project .emissions and would, alone, exceed the proposed BAAQMD GHG significance thresholds. For project emissions to fail below the less stringent service population threshold of 4.6 MT/year/service population, it would be necessary to reduce mobile emissions by approximately 59 percent. This level of trip reduction would be unlikely to be achieved even with the most aggressive transportation demand management measures. Consequently, while Reduced Density Alternative vehicle emissions would be reduced compared to the Proposed Project, the Reduced Density Alternative would still have a significant and unavoidable impact with regard to emission of GHG emissions that would make a cumulatively considerable contribution to global climate change. Mitigation Measure 4.0 -1: (See discussion of Impact 4.0 -1, above). Mitigation Measure 4.0 -6a: In order to reduce GHG emissions from energy consumption and to maintain project operations consistent with the initiatives of the L14PCP, the project applicant shall pursue energy conserving building design and alternative energy conseri)ation strategies to meet or exceed the most current Uniform Building Code requirements and State energy criteria. C Mitigation Measure 4.0 -6b: In order to maintain project operations consistent with Energy Initiative 6 of the LAPCP, no fireplaces or sto installed as part of the proposed pr may be ivoocl burning. Mitigation Leasure 4.0 -6c: In order to maintain p roject operations consistent with Waste and Recycling Initiative 1 of the LAPCP, demolition and construction wastes shall be sorted and recycled to the extent feasible. A demolition recycling plan shall be developed prior to issuance o, f demolition permits and approved by City Building Department stc ff. Impact 4.E -1: Impact on Significant Historic Resources Both the Proposed Project and the Reduced Density .Alternative would demolish all buildings on the project site, including the circa 1910 Steel Fabrication Shop /warehouse and Compressor Room /Storage Building which have sufficient physical integrity to be considered historical resources for CEQA. purposes. These two buildings appear to be contributors to a potential historic industrial district that is eligible for local listing. Demolition of these structures would materially alter in an adverse manner those characteristics which would qualify there for listing. Therefore, the Proposed Project would have a significant impact on .his.torical resources because it would require demolition of the Steel Fabrication Shop /warehouse and Compressor Room /Storage Bu ilding. Implementation of Miti Measure 4.E 1, set forth below, wh ich is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact; However, the impact would remain significant and unavoidable. Mitigation Measure 4.E The project applicant shall d ocumen t the circa 1910 Steel Fabrication ShoplWareho use and Com ressor RoomlStorage Building in accordance with the Historic American Building Survey (HABS) Level II documentation standards of the National Park Service. Level II standards include the following: 1. Photographs. Large format x 5 -inch negatives or greater), black and �t3hite photographs should be taken oj'all elevations of the tt)o brcilding plus l imi ted context and detail shots. A limited number of historical photos of the project site buildings, if available, should also be photographically reproduced All photographs should be printed on acid free archival bond paper-. 2. Written history. Prepare a ivritten history of the project site and buildings using the HABS standard outline format. 3. Drawings. If available, reproduce original building drawings on mylarf or throzrgh photographic means. N 4. Archiving. The completed H'ABS documentation package (photos, report, and drawings) shall be archived at the City of Al the City of Ala pu Library, and the Alorth vi:est Information Center of Sonoma State University. The project applicant shall also provide an interpretive history exhibit in the form of a plague or panel to describe the historical importance of the fo rmer Dow Company buildings to the general public. Information generated f on. the documentation effort, such as photog and historical text, described above, can be zttilized for this effort as well. The interpretive exhibit can either be placed along the proposed �t;aterfront traillopenspace, or at the corner of Clement Avenue and oak Street. The interpretive exhibit should be designed by a professional architectural historian meeting the qualifications of the Secretary of the .interior's Standards. Impact 4.E Adverse Effect on Historic Resources in the Project vicinity. The larger Northern waterfront area contains numerous examples of primarily commercial and maritime- industrial uses which date to the late 1800s and early 1900s. while some buildings in these areas have been previously surveyed and evaluated for their potential historical significance, comprehensive surveys have not been completed for the entire area. Hence, it is unknown whether historically significant resources would be threatened by the proposed reuse efforts in these areas. Because both the Proposed Project and the Reduced Density .Alternative could also substantially damage or destroy historically significant resources, this significant and unavoidable impact could combine with potentially significant and unavoidable impacts resulting from redevelopment elsewhere in the Northern waterfront area to contribute. to a significant cumulative impact to historic resources. Implementation of litigation Measures 4.E 1, 4.B 2, 4.E-" and 4.E-4, set forth below, which are hereby adopted an shall be made conditions of approval of the Reduced Density Alternative would reduce the contribution of the Reduced Density Alternative to cumulative impacts on historical resources, but not to .a.less -than- cumulatively considerable level. Therefore, the contributions of the Reduced Density Alternative to this cumulative impact would remain significant and unavoidable. Mitigation Measure 4.E --1: (See discussion ofImpact 4.E -1, above). Mitigation Measure 4.E -2: If cultural resources are encountered, all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and cheat flaked -stone tools (e.g., projectile points, k nives, scrapers) or toolmaking debris; culturally darkened soil "nmidden containing heart- affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars pestles, hand stones, or rill ing s labs); and battered stone tools, sack as han�mer•stones crud pitted stones. Historic -era materials might inc stone, concrete, or adobe footings and walls; filled wells or privie:sY; and deposits of metal, glass, andlor ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they shall notify the project applicant and the City of Alameda and shall develop an appropriate treatment plan for the re Th e archaeologist shall consult with YVative 8 American monitors or other appropriate .Native American representatives in determining appropriate treatment for unear cu resources if the resources are prehistoric or Native A merican in nature. In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project applicant shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. ff avoidance is infeasible, other appropriate measures (e.g., data recovery) shall be instituted Work may proceed on other parts of the project site tivhile mitigation for cultural resozrrces is being carried out. Mitigation Measure 4.E If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground disturbing construction activities, all such activities within 100 feet of the find shall be halted until a qualijzed paleontologist can assess the signif icance of the find and, if necessary, develop appropriate salvage measures in consultation i0th the City ofAlameda and in conformance with Society of V erte b ra te Paleontology Guidelines (SVP, 1995, SVP 1996). Mitigation Measure 4.E -4: �f human skeletal remains are uncovered during project construction, the project applicant shall immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the pro ceAres and protocols set forth in Section 15064.5. (e) (1) of the CEQA Guidelines. If the County coro d etermines that the remains are Xative American, the project applicant shall contact the Native A merican Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and 1'rrblic .resources Code 5097.98 (cis amended by AB 26.41). Per Public Resources Code 5097.98, the landowner- shall ensure that the immediate vicinity, according to generally accepted crdtirral or archaeological standards or practices, where the Native American hrtman remains are located, is not damaged or disturbed lay further development activity until the landowner has discussed and conferred, as p rescri bed in this section (PRC 5097.98), �vi: ith the most likely descendents regarding their recommendations, i, f'applicable, taking into account the possibility of multiple human remains. III. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FEIR THAT AR REDUCED TO A LESS -THAN- SIGNIFICANT LEVEL BY MITIGATION MEASURES INCORPORATED INTO THE REDUCED DENSITY ALTERNATIVE The Final EIR identifies the following significant impacts associated with the Boatworks Project Reduced Density Alternative. These impacts are reduced to a less than significant level by mitigation measures identified in the Final EIR and incorporated into the Reduced Density Alternative. It is hereby determined that the impacts addressed by these mitigation measures will be mitigated to a less -than- significant level or avoided by incorporation of these mitigation measures into the Reduced Density Alternative. To the extent that these mitigation measures will not mitigate or avoid all significant effects on the environment, it is hereby determined that M A any remaining significant and unavoidable adverse impacts are acceptable for the reasons specified in Section v, below. Im act 4.B -3: Traffic on Park Street BetNveen Buena vista and B andinor Avenues The addition of prof ect -generated traffic would cause the p.m. peak -hour arterial speed on northbound Parr Street between Buena vista Avenue and Blanding Avenue to degrade by about 1.2 mph, a 14 percent decrease, from Baseline conditions. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fever vehicle and transit trips than the Proposed Project. Under the Reduced Density Alternative, this significant and unavoidable traffic impact would still occur, but the severity of the impact would be lessened compared to the Proposed Project. Implementation of Mitigation Measures 4.B -3a and 4.B -3b, set forth below, which are hereby adopted and shall be .made conditions of approval of the Reduced Density Alternative development plan, would reduce the impact on transit (the highest priority transportation mode) to a less than significant level by implementing a City- approved Transportation Demand Management (TDM) program (Mitigation Measure 4.B -3a). Mitigation Measure 4.B -3a Pr•ior to project occupancy, the protect applicant shall put into place a City approved TDIA/1 progrann ivith the goal of reducing the number of peak hotlr trips by 10 percent. This ivill inchide the following measicres: Establish a poanvorks Horne Ohvners association (HOA) and CCRs far the project, .assess the Hoa an annrral fee in an amount necessary to provide the follolving ongoing programs: EasyPass program (tin lini ited transit pass, usable on A Transit buses), two passes per unit, additional passes per rcnit for residents may be purchased at cost,. Bicycle facilities in each unit,• One car share membership per residential rcnit; and Provide annual f iinding torn transportation coordination nation services incl riding, bict not linfited to promotional information packages and planning services regarding available transportation options, and annual rrronitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. 10 Impact 4.B -_15: Temp orary Increases in Traffic volumes Due to Pro'ect Con sitni ction Construction generated traffic would create a temporary and intermittent lessening of the capacities of streets in the project site vicinity because of the slower movements and larger turning radii of construction trucks compared to passenger vehicles, but would not cause any long term degradation of the operating conditions of the roadways in the vicinity of the project site. Although the impact would be temporary, truck movements could have an adverse effect on traffic flow in the project site vicinity; therefore, the impact is considered to be pot significant. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with construction of residential units, but adverse effects on traffic flow during the construction period wou still occur. Imple mentation of Liti gation Leasure 4.B set f orth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, will r educe this impact to a less than r signz scant l evel. Mitigation Measure 4.B -5: The project applicant and construction contractor(s) shall develop a construction management plan for review and approval by the Public Works Department prior to issuance of any permits. The plan shall include at least the following items and requirements to reduce traffic congestion Lluring construction.' 1. �4 set of comprehensive traffic control measures shall be developed, inclriding scheduling of inajor truc trips and deliveries to avoid peak traffic c hours, det our signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. 2 The Construction, 11anagement .Plan shall identify haul routes for moven7ent of construction vehicles that would niinimize imp acts on molar vehicle, bicycle, and p pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The haul routes shall be approved by the city. 3. The Construction Allanagement Plan shall provide for notification procedures jar adjacent property owners and publ safety personnel regarding when mat or deliveries, detours, and lane closures would occur. The Construction 11anag ement .Plan shall pro for• monitoring surf streets used for haul routes so that any damage and debris attributable to the harcl tracks can be iclentified and corr by the project appl icant. IMDact 4.B -8: Addition of Proiect Generated Traffic. The addition of project- generated traffic would cause the p.m. peak-hour arterial speed on northbound Park Street between Buena vista Avenue and Blanding Avenue to degrade by about 0.3 mph, which is a 14 percent decrease from Cumulative Baseline conditions. The Reduced Density Alternative would reduce the number of residential units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measures 4.B -8a and 4.B -8b. set forth below which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, will reduce this impacts to a less than- significant. Implementation of Mitigation Measure 4.B -3 b would have a less than significant secondary impact on bicycle travel LOS, but would have a significant secondary impact on pedestrian travel LOS on the south and north crosswalks (carrying east -west pedestrian. flow) across Park Street at the intersections of Blanding, Clement, and Buena vista Avenues. Because. Mitigation Measure 4.B -3b would mitigate the highest priority mode (transit), its implementation would outrank the pedestrian travel mode, and therefore the transit impact would be mitiga ed to a less than significant level, but the secondary pedestrian impact would be significant and unavoidable. The proposed signal tinning and transit priority signals would also increase congestion for automobiles traveling on the cross streets Mitigation Measure 4.B --8a: Implement Mitigation Measure 4.13-3a (see discussion of Impact 43-3 in Section II, above). Mitigation Measure 4.B -8b: The Project shall pay a fair share contribution to restriping the Park Street intersection approaches between Bzrena Vista Avenue and .Blanding Avenue to provide transit queue jump lanes during the p. nn. peak period (southbound) and a.m. peak period (northb und). ,regardless of the feasibility of queue jump lanes, modify the traffic signals, controllers, signage, and siznal tinting at the Park Street intersections at Blanding, Clement, and Buena Vista, .Yenues to allovi) for transit signal priority to improve transit flow. Restriping ivould require the prohibition of on- street parking on the northbound side of the street during the a. m. peak period, and on the southbound side during the p. m. peak period to accommodate the transit gitetie jump lanes Impact 4.B --9: Traffic at Park Street and Blandinor Avenue The signalized intersection of Park Street and Blanding Avenue would operate at an unacceptable LOS F during both the a.m. and p.m. peak hours under Cumulative Baseline conditions. Project generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Plus Project conditions during both peak hours. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project .Alternative would 12 generate fewer vehicle and transit trips than the Proposed Project. Thus, the severity of the impact would be lessened compared to the Proposed Project. While the transportation impacts for all transportation modes at the intersection of Park Street and Blanding Avenue would be lessened (in priority order), they might not all be reduced to a less than significant level. Transportation Policy 4.4.2.8 recognizes this possibility and states, "some congestion may be identified in an EIR process as not possible to mitigate." Implementation of Mitigation Measure 4.B -4, which is hereby adopted and incorporated into the Reduced Density Alternative, would improve vehicular operating conditions at the intersection of Park Street and B landing Avenue under cumulative conditions by r educing average delay at the intersection by about 21 percent in the a.m. peak hour and by about 46 percent in the p.m. pear hour (improving the service level in each case from. LOS F to LOS E). Therefore, impacts to vehicular, pedestrian, transit, and bicycle travel would be reduced to a less- than- signif cant level. MiticFation Measure 4.B -9: Implement Mitigation Measure 4.8 -4 (.see discussion of Impact 4.B- 4 in Section II, above). Im pct 4.B --10: Traffic at Park Street and Clement Avenue under Cumulative Baseline Cnnditinns_ The project generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Plus Project conditions during the p.m. peak hour. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the .increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Treasure 4 -10, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative, will reduce this impacts to a less than -significant. Mitigation Measure 4.10: The project applicant shall fund a _fair share contribution to reconfigure and restripe the intersection of Park Street an Clement Avenue to add dedicated left turn lanes on the ea sthozcnd and it�esthorrnd approaches of Clement Avenue, and a northbolind dedicated left tarn lane oil Park Street, and to n7od�& the traffi signa to include protected left turn phasingfor all approaches, fully actuated traffic signal, and audible pedestrian push buttons and pedestrian count doi heads. The reconfiguration ivorrld require acqzrisition of property from the northeast and southwest corners and the removal of approximately eight parking spaces. 1� Impact 4.B -11: Traffic at Oak Street and Clement Avenue under Cumulative Baseline Conditions. Project generated traffic would contribute more than three percent to the growth of intersection traffic volume from Existing to Cumulative Pius Project conditions during both peal hours. The intersection would satisfy the Caltrans peals -hour signal warrar s finder Cumulative conditions without and with the Proposed Project. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fever vehicle and transit trips than the Proposed Project. Implementation of .Mitigation Measure 4.B -11, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than significant level. Mitigation 'Measure 4.B -11: The project applicant shall fund a fair share contri b ittion t o the installation of traffic signals at the intersection of Oak Street and Clement Avenice, and the restriping of the eastbound Clement Avenue approach to provide an exclusive left turn lane and a shared. throrcg right turn lane. Because of potential safety concerns w vehicles and b ic yclists in the le turn lane driving/riding parallel to the existing railroad t this mitigation also would require that the railroad tracks within the left turn lane be removed This mitigation also would require acquisition of the necessary right of �vay from the project at the northivest corner. of Park street and Clement Avenue to install the traffic signal poles, while maintaining AAA access. Impact 4.B -12: Increased Traffic Due to the Clement Avenue Project Driveway Elm Street Extensio As described on pages 4.13.3 and 4.B 29 of the DEER, tbe.±City plans to extend Clement Avenue from Sherman Street to Tilden way. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing trip generation associated with residential units. Although the increased park space could draw some additional visitors to the site, the Reduced Project Alternative would generate fewer vehicle and transit trips than the Proposed Project. Implementation of Mitigation Measure 4.B -12, set forth below, which is hereby adopted and made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than significant level. Mitigation Measure 4.B -12: The project applicant shall frind a fair share contribiltion t o the recoup g oration and restriping of C'lenient Avenue in front of the project site at Elm Street to include an eastborind left titrn lane (into the project) and an eastbound center refugelmerge lane for traffic exiting the project). 14 Impact 4.0 --2: Short -term Emissions of Criteria Pollutants. Construction of the Proposed Project would have the potential to create air quality impacts through the use of heavy -duty construction equipment, haul truck trips, and vehicle trips generated from construction workers traveling to and from the site. In addition fugitive dust or PM I O emissions would result from excavation, trenching, and other construction activities. Mobile source emissions would result from the use of construction equipment such as bulldozers, graders, and excavators. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air duality emissions. Although recreation use would draw some additional visitors to the site the Reduced Density Alternative would generate fewer mobile air quality emissions and have fewer air quality impacts than the Proposed Project. Implementation of Mitigation Measure 4.0 -1., set forth below, which is hereby adopted and shalt be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less -than- significant level. Mitigation Measure 4.0 -2: Dlrring construction, the project applicant shall implement both BAAOiVfD's basic and enhanced dust control procedures listed below (BAA -011D CEQA Guidelines, 1999). The "basic dust control program shall include, but not necessarily be limited to, the following: Water a active construction areas at least twice daily. Watering should be stiff cient to prevent airborne dust from leav the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). Pave, apply water three times daily, or apply (non toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. Sweep streets (with water sweepers using reclaimed water if possible) at the end of each clay if visible soil material is carried onto adjacent paved roads. Sweep daily (with eater sweepers all paved access r oads, park areas and staging areas at construction sites. The "enhanced" durst control measures shall include the following: Hydroseed or apply non- -toxic soil stabilizers to construction areas and previously graded areas inactive for ten clays or more Enclose, cover, water twice daily or apply non toxic soil binders to exposed stockpiles of dirt, sand, etc. l� Limit traffic speeds on unpaved roads to 1.5 miles per hour (mph) Install sandbags or other erosion control measures to prevent silt runoff to public rocrdtivays Replant vegetation in disturbed areas as quickly as possible Impact 4.0 -5: Cumulative Air Quality Im acts For projects that individually have a less- than significant impact on regional air quality, the BAAQMD CEQA Guidelines state that the cumulative impact should be determined based on the project's consistency with the applicable local Clean Air Plan, in this case, the 2005 Bay Area ozone Strategy and with the local general plan. As describe above in the discussion of Impact 4.0 -1, both the Proposed Project and the Reduced Density Alternative were determined to be inconsistent with the 2005 plan due to a disproportionate increase in vehicle miles traveled compared to population growth. Consequently, while the Proposed Project and the Reduced Density Alternative would be considered to have a less than significant impact with regard to air quality and criteria air pollutants, would be considered to have a significant and unavoidable cumulative air quality impact. The Reduced Density .Alternative would reduce the number of units on the project site, thereby decreasing total trip generation and associated air quality emissions. Although recreation use would draw some additional visitors to the site the Reduced. Density .Alternative would g enerate fewer mobile air quality emissions and have fever air duality impacts than the Proposed Project. Implementation of Mitigation Measure 4.C-5, set forth below, which shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less -than- significant level. Litigation Leasure 4.0 -5: Trip Reduction l TDL: (See discussion of Impact 4.0 -1, above). Impact 4.D -1: Construction Noise Levels in Excess of the City Noise Standards. Construction noise levels related to materials hauling would raise ambient noise levels along haul routes, depending on the number of haul trips made and types of vehicles used. The Reduced Density Alternative would reduce the number of units on the project site, thereby decreasing total construction trips and associated noise. implementation of Mitigation Measure 4.D- I, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than significant level. Mitigation Leasure 4.D -1: The project applicant shall incorporate the following requirements into the construction contract specifications: Construction activities will be liinited to the hours benilven of 7:00 am and 7:00 pin YVIonday through Fi and 8.•00 am to 00 piii on Sattirdctvs 16 Equipment and trucks used for construction ivill use the industry standard noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures', and acoustically- attenrrating shields or shrouds, tiJ;herever feasible). Stationary noise sources will be located as far from adjacent receptors, whenever feasible, and they will be muffled and enclosed within temporary sheds. Insulation barriers and other measures will be used to the extent feasible. Impact 4.D -4: Indoor Noise The area surrounding the project site has a greater than 60 dBA Leq noise level, which would exceed the City's goal for Indoor noise exposure. Any residences, including those constructed as part of the Reduced Density Alternative, would be subject to Title 24 of the California Code of Regulations, which requires an interior noise standard of DNL 45 dBA in any habitable room and requires an acoustical analysis demonstrating how dwelling units have been designed to meet this interior standard. Implementation of Mitigation Measure 4.D-4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than significant level. Mitigation Measure 4.D -4: If necessary to comply with the interior noise requirements of the State and achieve an acceptable interior noise level, noise reduction in the form of sound- rated assembliesi. e., windoiits, exterior doors, and walls) shall he incorporated into project building design, based upon recommendations of a qualified acoustical engineer. Final recommendations for sound- rated assemblies will depend on the specific building designs and layout of buildings on the site and shall be determined by the acoustical engineer during the design phase. Specific consideration shall be given to window size: degree of sound insulation of exterior vtialls, which can be increased through staggered or double studs; multiple layers of gypsum board, and incorporation of resilient channels. Impact 4.E -2: Possible Inadvertent Discovery of Archaeological Resources Durin Ctms.trijetion No archaeological resources have been recorded in the project site, and the project site has a low to moderate potential to contain buried prehistoric or historic -era sites. The possibility of encountering archaeological resources cannot be entirely discounted, however, Implementation of Mitigation Measure 4.EW2, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less -than- significant level. Mitigation Measure 4.E -2: If cultural resources are encountered, all activity in the vicinity of the find ind shall cease until it can he evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked- stone tools (e. o 17 projectile points, knives, scrapers) or toolmak deb ris; cultzcrally darkened soil (ffmidden containing heat affected rocks, artifacts, or shellfish re mains; and stone n7i egiriprnent (e. g., mortars, pestles, handstones, or mi lling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic --era materials right inclz.rde stone, concrete, or adobe footings and '.halls; filled vt or privies; and deposits of metal, glass, anclor ceramic refuse. If the archaeolog and Nat ive American representative determine that the resources may be significant, they shall notify the project applicant and the City of Alameda and shall develop an appropriate treatment plan for the resources. The archaeologist shall consult v ith Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed crrltural resources if the resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project applicant shall determine 1,t)hether avoidance is necessary and feasible in light of factors such as the noture of the find, project design, costs, and other considerations. 1f avoidance is infeasible, other appropriate ineastires (e. g., data recovery) shall be ins titrcted Work may proceed on other parts of the project site �vhile mitigation for czrltural resources is being carried orrt. Impact 4.E -3: Possible Discovery of Unidentified Pa Resources During C on stns cti on There are no known fossil sites in the project site, and the geologic units underlying the site have very loin potential to yield significant paleontological resources. Excavation activities for the project may excavate or otherwise disturb previous fills, relict dune sands, and Bay Mud deposits. Although these excavations are unlikely to yield fossil resources„ because it has not been proven that fossil resources do not occur within the subsurface geology of the site, disturbance or destruction of a paleontological resource is a potentially significant impact. Implementation of Mitigation Measure 4.E-3, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than significant level. Mitigation Measure 4.E -3: If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovere during ground disturbing constriction activities, all srr.ch activities thin 100 feet of the find shall he halted until a clualif ed paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation "tith the City o and in c �vith Society of Vertebrate Paleontology Guidel (STI'P, 1995; SVP, 1996). Impact 4.E 4: Possible Inadvertent Discovery of Human Remains During Construction There is no indication at the project site that the location has been used for burial purposes in the recent or distant past. Although it is unlikely that human remains would be encountered in the project site, in the event of the discovery of any human remains during project construction activities work would be halted. Damage to human remains would be a significant IN impact. Implementation of Mitigation Measure 4.E -4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than significant level. Mitigation Measure 4.E -4: If human skeletal remains are uncovered driring project construction, the project applicant shall immediately halt work, contact the Alameda County coroner to evalriate the remains, crud follow the procedures and protocols set in Section 15064.5 (e) (1) of the CEQA Guidelines. If the County coroner determines that the remains are ..Dative American, the project applicant shall contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050. -5, subdivision (c), and Public Resources Code 5097.98 (cis amended by A 2 641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cidt1iral or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by f iirther development activity until the landowner has disclrssed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains Impact 4.F -1: Possible Take of Protected Birds or their Nests. Noise and activity resulting from construction activities, were it to exceed ambient levels, could cause nest abandonment and death of young birds or loss of reproductive potential at active nests of special status bird species located within the project site. In addition, grading and removal of vegetation and building structures could result in direct losses of nests, eggs, or nestlings. Like the Proposed Project, the Reduced Density Alternative also would involve redevelopment of the entire site. Because the Reduced Density Alternative would have an increased in the amount of open space area adjacent to the Estuary, development related impacts on birds and operational water duality impacts on aquatic species may be slightly reduced compared to the Proposed Project. Implementation of Mitigation Measure 41 -1, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than si level. Mitigation Measure 4.F -1.: No more than two weeks in advance of any tree or shrub removal, or alteration to strrictrir•es that woidd commence dia -ing the breeding season (February I through Arigrist 31), a curial f e wildlife biologist shall conduct pre constriction surveys of all potential special status bird nesting habitat in the vicinity of 'the planned activity. Pre construction srirveys are not reqriired for• construction activities scheduled to occur during the non breeding season (August 31 through January 31). Construction activities commencing during the non-breeding season and continiiing into the breeding season do not require surveys (cis it is assumed that any breeding birds taking rip nests would he acclimated to project- related activities already tinder way), pests initiated during construction activities would be presioned to be rinc ffected by project activities, and a buffer zone arorind such nests would not be necessary. However, a nest initiated during construction cannot be moved or altered 19 If no active nests are found during pre- constrzrction avian surveys, then no further mitigation is required If active nests are found during pre constrlrction avian surveys, the results of the stcrveys shall be discussed with the appropriate resorcrrce agency and avoidance procedures shall be adopted, if necessary, on a case -by -case basis. Avoidance rneasrrres wolrld most likely include a no- disturbance br ffer around the nest, which will be maintained until a giialified biologist determines that the voting have fledged or otherwise abandoned the nest. The size of the buffer ;ones and types of construction activities restricted within them shall.be determined through consultation with resource agencies, taking into account factors such as: noise and human disturbance levels at the project site and the nesting site at the time of the survey and the noise and disturbance expected during the construction activity: (2) distance and amount of vegetation or other screening between the project site and the nest; and (3) sensitivity of individual nesting species and behaviors of the nesting birds. Impact 4.F -2: Impacts to Migratory or Breeding Birds and other Special-Status S ecies. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site.. Thus, both the Proposed Project and the .Reduced Density Alternative would increase the potential for birds to be killed due to collision with window glass and artificial night lighting associated with the redevelopment of the proj ect .site.. with an increase of open space area adjacent to the Estuary, development- related impacts on birds and operational water duality impacts on aquatic species may be slightly reduced in comparison to the Proposed Project. Implementation of Mitigation Measure 4.F -2, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than significant level. Mitigation Measure 4.F-2: The applicant and project designer shall reduce building l ighting f tong exterior sources by the following measures: 1. Minimize amount and visual impact of perimeter lighting, throrigh measures srcch cis downward- pointing lights, side shields, visors, and motion- sensor lighting. 2. Utilize minimum wattagefixtitres to achieve required lighting levels. 3. Use minimum wattage fixtures to achieve required lighting levels. 4. word placing water featzrres in close proximity to glazed facades. 3. .design to avoid monolithic, rrndistingrrishable expanses of glazing by maximizing "vislral noise both on the building scale and individual glass units. 20 Imnact 4.F -3: Possible Tale of Special- Status Bat S pecies. Bats have the potential to roost in existing man -made structures and trees within or near the project site. Direct disturbance may occur due to tree removal, building removal, or roost destruction by any other means. Indirect disturbance to bat species may be caused by noise or increased human activity in area. The Proposed Project would involve tree removal and building removal through demolition of existing structures and site grading prior to construction. Like the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. Implementation of Mitigation Measures 4.F -3a, 4.F -3b, and 41-3c, set forth below, which shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less- than significant level. Mitcyation Measure 4.F -3a: zn Potential direct and indirect distzrrbances to hats shall be identified by locating colonies, and instituting protective measures prior to c onstruction. No more than hvo weeks in advance of' tree removal or demolition of buildings onsite, a qualified bat biologist (e. g., a biologist. holding a C'DFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle and collect bats) shall conduct pre construction slrrveys for bat roosts. No activities that could disturb active roosts shall proceed prior to the completed surveys. Mitioration Measure 4.F• -3b: �f a bat colony is located vvzthin the project site during preconstruction stcrveys, the project shall be redesigned to avoid impacts, and a no disturbance bu ffer acceptable in size to the CDFG shall be created around any roosts in the project vicinity, if possible. Bat roosts initiated cluring construction are presumed to be unaffected, and no b fifer is necessary. HoTtiever, the "tape of individuals is prohibited If there is a maternity col present an the project cannot be re designed to avoid removal of the tree or structure in habited by the bats, demolition o f that tree or striccture shall n ot comm u ntil after yo zing are flying (i. e., after Ju 31, confirmed by .a gU zed bat biologist) or before maternity colonies form the following year (i. prior to March]). Jf a non- maternity roost must be removed as part n f the project, the non maternity roost shall be evicted prior to b1iilding1tree removal by a giialif e biologist, rising methods such as making holes in the roost to enter the air jlo -v, or creating one vi)ay funne exits for the bats. Mitigation Measure 4.F -3c: If known bat roosting habitat is destroyed during building /tree removal, artificial bat roosts shall be constructed in an undisturbed area in the project site vicinity away from human activity and at least 200 feet from project demo lition/construction activities. The design and location of the artificial bat roost(s) shall be determined by a qualified bat biologist. 21 Impact 4.F -4: Impact Special- Status Fish Species Project activities that occur in the Oakland Estuary, such as removing the existing boat ramps, pier, or sunken tugboat, or constructing a marina, could adversely affect Pacific herring spawning habitat, and special status fish such as Pacific herring or salrnonid species could be directly impacted by construction equipment. Indirect impacts on these species could .occur if increased sedimentation or pollutants reduce water quality. In addition, development often increases the load of pollutants of concern associated with activities accompanying development, such as pesticides associated with home maintenance and lawn care, oil associated with vehicle usage and maintenance, and bacteria associated with municipal sewage and pet waste. Discharge of these pollutants would adversely affect fisheries and other aquatic biota. Dike the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site,. Implementation of Mitigation ]'measure 4.F -4, set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less than- significant level. Mitioration Meas ure 4.F- If dredging or pile driving occrirs cis part of the profect, the project applicant shall implement Best Management Practices (BMPs) for protection of salmonids and Pacific h errin g, that are identified in the .bong -Term 11anagernent Strategy for the Placement of D Haterial in the San Francisco .Bay Region (LT11S) (Corps, 2001).9 BMPs listed in the LTMS include the folloii�ing: i insta llation of silt curtains an gunderbooms fo filt erin g sedim mechanical dredge operations controls, including increased cycle time, elimination of midtiple bucket bites, and elimination of bottom stockpiling; hydraulic dredge operations controls, including reduction of cutterhead rotation speed, reduction of swing speed, and elimination of bank undercutting; hopped dredges and barges operational controls, including reduction of hopper overflow, lower hopper fill levels, and rise of a water recirculation system, an s use of specialty egWpment, including pneuma pumps, closed o r environmenta br ac kets, large capacity dredges, and specialized tools for precision dredging. In addition, dredging or pile driving in the Oakland Estriciry shall minimize impacts on special status fish through one or more of the following methods. (1) dredging orr pdedriving shall only be conducted itl ithin work Tvindows designated to carese the least impact on Pacific herring and salmonids (i.e., Diane thrmigh November, see Table 4.F -1); (2) dredging or pile driving shall only produce noise levels below 15 o decibels at 3 o feet] o; ondlor (3) dredging or pile driving shall only be conducted in accordance with NILIFS directives and Corps permits to reduce potential impacts on fish ash species. 22 Ian act 4.F -5: Possible Adverse Effect on Federally Protected wetlands. The Oakland Estuary is a "navigable water's that is under the jurisdiction of the U.S. Array Corps of Engineers (Corps) under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean water Act. The Proposed Project includes several components that would impact the Oakland Estuary or its shoreline; creating a publicly accessible waterfront esplanade along the length of the shoreline: creating passive recreational access to the Oakland Estuary through concrete piers, a boardwalk, and viewing areas, removing a derelict dock and boat ramps that extend into the Estuary removing a sunken boat; and /or seawall along the shoreline. Dike the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site,. Implementation of Mitigation Measures 4.F -5a and 41-5b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less than significant level. Mitigation Measure 4.F -5a: The project applicant shall implement the folloiving Best Management Practices (BillfPs) during co n st ruction. Install silt fencing, strait) wattles or other appropriate erosion and sediment control methods or devices to prevent sedimentfrom the uplandportion of the site from entering the Estuary as a result of project activities. (2) operate equipment (e.g., backhoes and cranes) that is used for removal or installation of f ll and rip -rap along the Estuary shoreline from dry land, tivhere possible. Construction operations vi4thin the Oakland .estuary can also be barge mounted or utilize other water -based equipment such as scoit�s, derrick barges and tugs. (3) Prevent anyfitel ing activity f tour occurring within 5o feet of the Oakland Estuary. Where applicable, implement BMPs listed under 11itigation Measure 4.F-4 to avoid impacts to water quality resulting f corn dredging or other activities til�ithin open ivaters, as identified in the .bong -term .Management strategy for the Placement o, f Dredged Material in the San Francisco Bay .legion (LT11 (Corps, 2001). (5) Test all materials proposed for excavation and dredging for the possible presence of contaminants. Construction practices shall be designed in coordination with the Corps, R FVQCB, and other applicable agencies, to minirl -li7e the dispersion of contaminants into the Tvater column and en proper disposal of c materia 23 itibation Measure 4.F -5b: The project applicant shall provide compensatory mitigation (i. e., "no net loss for any temporary and permanent impacts to wetlands as defined by Section 404 of the Clean Dater Act, as required by regrtlatory permits issued by the Corps, R WQCB, and BCDC. Measztres may include but would not be limited to (1) onsite or offsite mitigation through wetland creation or restoration, and (2) development of u Mitigation and Monitoring flan. onsite or offsite Wetland Creation or Restoration. To the extent practicable, the project applicant shall restore the tidal marsh to the Oakland Estitary shoreline at a minimum 1.•1 impact --to- restoration ratio, through activities srtch as removal of debris and concrete riprap, and revegetating with native tidal marsh species. If onsite restoration is not feasible, the project applicant shall negotiate compensatory offsite mitigation for wetland losses with applicable regulatory agencies, at a 3:1 impact -to- restoration ratio, or other ratio determined by the agencies. Mitigation and Monitoring Program. Prior to the start of construction or in coordination with regzrlatory permit conditions, the project applicant shall prepare and submit for approval to the Corps, P WQCB, and BCDC a m itigation and monitoring program that o.r din es the mitigation obligations for temporal y and permanent impacts to waters of the.. U.S., including wetlands. The program shall include baseline information front existing conditions, anticipated habitat to be enhanced, thresholds of success, monitoring and reporting requirements, and site- specific plans to compensate, for.wetland losses resulting from the project. The Boatworks Residential Project Mitigation and Monitoring Plan shall include, but not be limited to, the following: Clearly stated objectives and goals consistent with regional habitat goals, .location, size, and type of mitigation wetlands proposed. a A functional assessment of effected jrtrisdictional waters to ensure that the EPA's "no net loss of wetland value standard is met. The functional assessment shall also ensure that the mitigation provided is commensurate with the adverse impacts on Bay resources in accordance with BCDC mitigation policies. The assessment shall provide sl fficient technical detail in the project design including, at a minimum, an engineered grading plan and water control structures, methods for conserving or stockpiling topsoil, a planting program including removal of exotic species, a list of all species to be planted, sources of seeds andlor plants, timing of planting, plant locations and elevations on the mitigation site base reap, and maintenance techniques. Documentation of performance, monitoring, and adaptive management standards that provide a mechanism for risking adjustments to the mitigation site. Performance and monitoring standards shall indicate success criteria to be met within 5 years for vegetation, animal rise, removal of exotic species, and hydrology. Adaptive management standards shall include contingency measures that outline clear steps to be taken if and 24 when it is determined, through monitoring or other means, that the enhancement or restoration techniques are not meeting success criteria. Impact 4.G -1: Potential Seismic Impacts to Proj2osed Structures and 1 or Retaining walls. Due to the location of the project site in an area of high seismic risk, people could be harmed and structures may be damaged from strong ground shaking; thus, Impact 4.G- l is considered potentially significant. Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The buildings constructed under the Reduced Density Alternative would be required to meet the same California Building Code requirements as the units that would be constructed under the Proposed Project. Implementation of .Litigation Treasures 4. G- I a and 4. G- I b, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less thanWsignif cant level. Mitigation Measure 4.G -1a: A site specific, design -level geotechnical investigation for the project shall be conducted as a condition of building permit. The investigation shall include detailed characterization of the distribution and compositions of subsurface materials and an assessment of their behavior during violent seismic ground-shaking. The analysis shall recommend design parameters that would be necessary to avoid or substantially reduce structural damage under peak ground accelerations of no less than o. 655g. The investigation and recommendations shall be in conformance with all applicable city ordinances and policies and consistent with the design requirements of Seismic Design Category EIF (very high vulnerability) of the California Building Code. The geotechnical report shall be prepared by a registered geotechnical engineer and approved by the City, and all recommendations shall be included in the final design of the project. Mitigation Measure 4.G -lb: .Prior to issuance of occupancy permits, the project applicant shall prepare an earthquake hazards information document to the satisfaction of City staff. This document shall be made available to any potential occupant prior to purchase or rental of the housing zrnits. The document shall describe the potential for strong ground- shaping at the site, potential effects of ground shaping, and earthquake preparedness procedures. Impact 4.G -2: Potential Seismically- Induced Ground Failure, The California Geological Survey has designated the project and the entirety of Alameda Island as a Seismic Lazard zone for liquefaction due to historic occurrences, the presence of unfavorable soils and shallow groundwater. Due to the location of the project site in an area of high liquefaction potential, people could be harmed and structures may be damaged from earthquake- induced liquefaction, rapid settlement or other earthquake- induced ground failures. 25 Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The project site is subject to the requirement of the Seismic Hazards Mapping Act of 1990 to prepare a geotechnical report. The buildings constructed under the Reduced Density Alternative would be required to meet the same California Building Code requirements as the units that would be constructed under the .Proposed Project. Implementation of Mitigation Measure 4.G-2 set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than-significant level. Mitigation Measure 4.G -2: Earthwork, foundation and structural design for the project shall be conducted in accordance -with all recommendations contained in the required geotechnical investigation litigation illfeasrrre 4. G -1 a). The investigation must include an assessment of all potentially foreseeable seismically- induced ground failures, including liquefaction, sand. boils, lateral spreading and rapid settlement. Ifitigation strategies must be des ign edfor the site specific conditions of the project and must be revie viaed for compliance ivith the guidelines. o, f CGS Special Publication 117 prior to incorporation into the project. Examples of possible .strategies include edge containment strtcctures (berms, diked sea walls, retaining structures, compacted soil zones), removal or treatment of liquefiable soils, soil. modification, modification of site geometry, lowering the groundwater table, in -situ ground densijication, deep foundations, reinforced shallow foundations, and structural design that can accommodate predicted displacements. Impact 4.G -3: Consolidation and Land Subsidence. The project site, especially the northern portion that is underlain by artificial fill and Bay Mud, is susceptible to settlement. Construction of new shallow foundations and /or placement of new fill at the site would .begin a new cycle of consolidation settlement in the.Bay Mud. Buried foundations or foundation elements may also act as. "hard points" beneath new.roads Qr utilities, resulting in the potential for abrupt differential settlement. Soil .consolidation and differential settlement presents a potentially significant impact to the Proposed Project. Similar to the Proposed Project, the Reduced Density Alternative would involve redevelopment of the entire site. The buildings constructed under the Reduced Density Alternative would be required to meet the same California Building Code requirements as the units that would be constructed under the Proposed Project. Implementation .of Mitigation Measure 4. G -3), set forth below, which is hereby adopted and shall be made a condition of approval of the Reduced Density Alternative, would reduce this impact to a less- than significant level. Litigation Measure 4.G -3: The required geotechnical report for the project (Ifitigration jAlleasure 4. G -1 a) shall determine the susceptibility of the project site to settlement crud prescribe appropriate engineering techniques for reducing its effects. Where settlement andor differential settlement is predicted, nnitigation measures such as light fill, geofoam, surcharging, wick drains, I. deep fortndations, strrtctitral slabs, hinged slabs, flexible utility connections, and utility hangers could be used. These rneasitres shall be evalrtated and the most effective, feasible, and economical measitres shall be recommended Engineering recommendations shall be inclrtded in the project engineering and design plans, and be reviewed and approved by a registered geotechnical engineer. All construction activities and design criteria shall comply with applicable codes and requirements of the most recent California Building Code, and applicable City construction and grading ordinances. Impact 4.H -3: water Qualitv Impacts from Fertilizer and Pesticide Ilse. The proposed Project would redevelop an underutilized industrial area into a residential development that includes a shoreline park and landscaped areas surrounding the development. New pervious areas would replace areas that are currently impervious. The increase in pervious areas on the project site could increase the amount of pollutants in runoff associated with maintenance of landscaped areas, particularly nutrients from pesticides and fertilizers typically used in parks. In addition to complying with the existing water duality protection requirements and ordinances implemented through the City, the Regional water Quality Control Board, and Alameda County, implementation of Mitigation Measure H -1, set forth below, which shall be required as a condition of approval for a Reduced Density Alternative plan, would reduce this impact to a less than- significant level. Mitigation Measure 4.H -3: An Integrated Best i anagement Plan (IP11) shall be prepared and implemented by the project applicant for all common landscaped areas. The IPiVI shall be prepared by a qualified professional and shall recom mend methods of pest prevention and turf grass management that itse pesticides cis a last resort in pest control. hypes and rates of fer.tilizer and pesticide application shall be specified The IPM shall specify methods of avoiding r itnoff of pesticides and nitrates into receiving storm drains and surface waters or leaching into. the shallow grotind eater table. Pesticides shall be rtsed only in response to a persistent pest problem that cannot be resolved by non ,pesticide ieasures. Preventative chemical itse shall not be employed Cultitral and biological approaches to pest control shall be filly integrated into the IPMs, with an emphasis toward reducing pesticide application. Impact 4.1 -1: Hazardous Material Exposure Due to Demolition. Demolition of existing structures on the project site may expose construction workers, the public, or the environment to hazardous materials such as lead -based paint, asbestos containing materials, and PCBs. Implementation of Mitigation Measures 4.1 -1 a through 4.1 -1 e, set forth below, which are hereby adopted and shall be made conditions of approval of the Reduced Density Alternative, would reduce this impact to a less-than-significant level. 27 Mitigation Measure 4.I -1a: Each structure proposed demolition shall be assessed by qualified licensed contractors for the potential presence of lead based paint or coatings, asbestos containing materials, and PCB- containing equipment prior to issuance of a demolition permit. Mitigation Measure 4.I -1b: If the assessment regzrired by Allitigation Alleasirr^e 41 Ja finds presence of lead-based paint, asbestos, andlor PCBs, the project applicant shall create and implement a health and safety plant to protect workers fro m risks associated ith hazardous materials during demolition or renovation of affected strztctrtres. Mitigation Measure 4.1-1c: If the assessment required by Mitigation Measure 41- 1 a finds presence of lead- hosed paint, the project applicant shall develop and implement a lead based paint removal plan. The plan shall specify, bitt not be limited to, the following elements for implementation: Develop a removal specification approved by a Certified Lead Project Designer. 0 Ensure that all removal workers are properly trained Contain all work areas to prohibit off -site migration of paint chip debris. v Remove all peeling and strfatif ied lead -based paint on hitilding and non- hitilding slcr faces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be responsible for the proper containment and disposal of intact lead based paint on all egltipnlent to be cltt andlor removed daring the demolition. Provide on --site personnel and area air monitoring Aring all removal activities to ensrtre that workers and the environment are adequately protected by the control rneasitres rtsed Clean rap andlor vacitztm paint chips with a high efficiency particitlate air (HEPA) filter, Collect, segregate, and profile waste for disposal deterinination. 0 Properly dispose of all waste. 28 Mitigation Measure 4.I -1d: If the assessment req zd re d by Mitigation Measure 4. I -a finds asbestos, the project applicant shall ensure that asbestos abatement shall be conducted by a licensed contractor prior to building demolition. Abatement of known or suspected A011s shall occur prior to demolition or constrifction activities that �voitld disturb those materials. Pztrsuant to an asbestos abatement plan developed by a state certified asbestos consu ltant and approved by the city, all ACMs shall be removed and appropriately disposed of by a state certified asbestos contractor. .Mitigation Measure 4.I --1e: If the assessment regitired by Mitigation Measure 41=1 a finds PCBs, th e pr applicant shall ensure that PCB abatement shall be conducted prior to building demolition or renovation. PCBs shall be removed by a gitalified contractor and transported in accordance with Caltrans requirements. Impact 4.I Hazardous Materialfxj2osure from Soil and Groundwater Disturbance. Soil and groundwater at the project site has been contaminated from. historical industrial uses, while the contamination discovered at 22 ')5 and 2241 Clement Avenue. was rernediated, and DTSC has certified the site for residential use, areas that may previously have been inaccessible due to the presence of existing structures could potentially contain pockets of previously unidentified contamination that may be disturbed due to demolition buildings, excavation, grading, and trenching activities, causing exposure to construction workers, the public or the environment: Im lementation of Mitigation Measures 4.I -2a through 4.I -2c, set forth below, which are hereby adopted and shall be made a conditions of approval of the Reduced Density Alternative, would reduce this impact to a less-than-significant level. Mitigation Measure 4.I 2a: The project applicant shall prepare a health and suety plan, based on the site conditions and past contaminant release history and remediation, by a licensed industrial hygienist. The health and safety plan shall identify potential contaminants that may be encountered, appropriate personal protective egitipinent, and Tvorker safety procedures for spills and accidents. Mitigation Measu 4.1 To reditce environmental risks associated tivith encountering contaminated soil discovered daring grading and construction, the project applicant shall ensure that any suspected contaminated soil is stockpiled separately, sampled for hazardous material content, and disposed of in accordance it4th all applicable state, federal, and local laws and regitlations. All contaminated soil determined to be hazardous or non hazardous waste shall have received 29 all laboratory analyses for acceptable disposal cis required by the receiving facility before it can be removed frown the site. Mitigation Measure 4.I -2e: Prior to issuance of any building or grading permits, any areas of identified contamination shall have completed all measures regit ire d by ACDEH DISC or RFVQCB for site closure, and shall be certified for residential irse. Where necessary, additional remediation to permit residential use and occupancy of the project shall be accomplished by the project applicant prior to issuance of any building or grading plans. IV. ALTERNATIVES A. No Project Alternative Consideration of a No Project Alternative is required under CEQA. This Alternative is analyzed consistent with the requirements of State CEQA Guidelines Section 15 126.6(e)(.' WA), which states that when the project under evaluation is the revision of an existing land use or regulatory plan, the "no project" alternative will be the continuation of the existing plan. The No Profect Alternative, described in more detail in the DEIR, pages 5 -4 5-6, assumes no changes in the existing environment, and assumes continuation of the existing conditions on the site for an unknown period of tire. The existing buildings would not be demolished, and the hardscape and parking areas would remain. Access to the site would continue to be controlled with a chain- link fence and gate. This alternative would not include a rezoning or General Plan amendment. The waterfront land between the project site and the Oakland Estuary could be rehabilitated in the future with a waterfront park, running from the Estuary in the north 300 .feet southward across the project site. Although it is reasonable to assume that the project site would eventually be developed, no other plans for the project site are currently under consideration. None of the mitig.ation measures identified for the Proposed Project would be applicable to the No Project Alternative. The No Project Alternative would eliminate or substantially reduce all project related impacts. No change in land use would occur, and there would be no significant impact to Cultural resources, although the existing buildings would continue to deteriorate over time. The strip of land between the project site and the waterfront would continue to have dilapidated and deteriorating piers, as there are no proposals to remove them. The No Project Alternative would not meet any of the objectives of the Proposed Project or Reduced Density Alternative, in particular to eliminate blighting influences and correct environmental deficiencies in the area. Furthermore, the No Project Alternative would not support the City's affordable housing goals. The No Project Alternative would fail to meet all of the basic objectives; therefore, the No- Action Alternative is hereby rejected as infeasible. -10 B. Preservation Alternative The Preservation Alternative, described in more detail in the DEIR, pp. 5 -6 5 -9, would retain and rehabilitate the circa 1910 Steel Fabrication Shop and warehouse, and the circa 1910 Compressor Room/Storage Building. This alternative would construct new in -fill residential uses elsewhere on the project site in a manner similar to the Proposed Project, yet at a reduced size and density; approximately 171 residential units would be developed, compared to 242 units with the Proposed Project. The circulation pattern would also be revised to accommodate the existing historic buildings. It is assumed that the Steel Fabrication Shop /warehouse and Compressor. Ro omi Storage Building would be upgraded for ADA and seismic code compliance, and all rehabilitation efforts would be consistent with the guidance provided by the Secretary of the. Interior's Standards for Rehabilitation "Secretary's Standards The Secretary of the Interior defines rehabilitation as "the process of returning a property to a state of utility, through repair or alteration, which napes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.'" The Compressor Room./Storage Building, specifically, would be retained and rehabilitated for use as a community center. The Steel Fabrication Shop and.warehouse would be retained and rehabilitated for use as a recreation center or commercial space that is compatible with the proposed residential uses immediately adjacent to this building. while not all of the large interior spaces of the industrial building must be retained to comply with the. Secretary's Standards, at least some portions of the interior, high -bay form and exposed wood roof trusses and posts would be retained to convey the building's former industrial use. The Preservation Alternative would meet the basic objectives of the Proposed Project, in particular to eliminate blighting influences and correct environmental deficiencies in the area and redeveloping the underutilized site. In addition, the Preservation Alternative would support the City's affordable housing goals; however, the if the housing is built and the buildings are preserved the community's desire for two acres of open space could not be accommodated. Therefore the preservation alternative would need to either provide the open space or meet the housing objectives, but it could not meet both objectives completely.. The Preservation Alternative is determined to be infeasible for the following reasons: l The existing structures are in a sever state of disrepair. Most of the buildings have been determined to be unsafe to enter. To rehabilitate and reuse the buildings would require that the building be completely deconstructed and rebuilt from the ground up. This is the most expensive type of construction process and exceeds the cost of simply building a new building. 2. If the buildings were re -built to recreate the original industrial buildings constructed on the site in 19 l o, these new buildings would be extremely difficult to re- tenant and reoccupy. The economic conditions in the bay area and the location of the buildings make it infeasible to get construction loans to build new buildings for office or even light manufacturing use on a speculative basis. The Oakland Alameda market area is currently JI experiencing very high vacancy rates in existing office and light industrial office centers. It has also been suggested that the buildings might be reoccupied by a large scale retailer such as Barnes and Noble. Barnes and Noble recently vacated a similar building in Jack London Square due to the current economic conditions. In conclusion, a commercial lending institution will not provide construction loans for a very expensive reconstruction proposal to create new scale warehouses on the speculation that that the new buildings could be leased to an office, retail or light manufacturing use at a lease rate that would be adequate to cover the costs of the project. C. City Park Alternative Under the City Park Alternative, described in more detall in the DEIR, pp. 5 -13 5 -16, the City would purchase approximately 4.5 acres of the property adjacent to the Oakland /Alameda Estuary for the proposed 10 acre Estuary Park, and the remaining 5.5 acres would be purchased by the City as adjacent properties were redeveloped. As described in the General Plan, the City would purchase the 4.5 acres, make the improvements to the property for a public park, and maintain the park in perpetuity. The City -owned waterfront land between the project site and the Oakland Estuary would be rehabilitated, improved, and maintained by the City for a city park. A waterfront esplanade would be located within the waterfront park, running from the Estuary for a distance of 300 feet southward across the project site. The remaining five acres of the property between the City Park and .Clement Street would be redeveloped by the property owner with residential units consistent with the General Plan and zoning for that portion of the site. The existing buildings would be demolished, and the hardscape and parking areas would be removed. The alternative would include approximately 125 housing units, internal circulation roadways and pedestrian paths. The City Park Alternative would meet the basic objectives .of the Proposed Project, in particular to eliminate blighting influences and correct environmental deficiencies .in the. area and redeveloping the underutilized site. In addition, the City Park Alternative would support the City" s affordable housing goals, but to a lesser extent than the Preservation and Reduced Density Alternatives. However, the City Parr Alternative would provide a more opportunities for public access to and views of the waterfront. The City Park Alternative would fail to meet in a timely fashion, the objectives of eliminating blighting influences and correct environmental deficiencies in the area including, but not limited to, abandoned buildings, incompatible land uses, depreciated or stagnant land values, contamination, inadequate public improvements, facilities and utilities. It also would fail to meet the objective of increasing the supply of affordable .hous.ing in the City of Alameda.. Furthermore, as stated on page 4.A -9 of the DEIR, the General Plan polices calling for creation of a parr on the project site were adopted in 1991, and the City has been unsuccessful in raising funds to acquire land for the 10 -acre park despite many attempts over the years. Given the City's current financial conditions and for the foregoing reasons, the City Park Alternative is hereby rejected as infeasible. 3Z D. Environmentally Superior Alternative Based on the evaluation described in this section, the No Project Alternative, the Preservation Alternative, the Reduced Density Alternative, and the City Park Alternative would all be environmentally superior to the proposed project The "No Project" alternative would be as the most environmentally superior alternative with the fewest environmental impacts. However, the No Project Alternative does not meet some of the key objectives and goals of the project, namely eliminating blight and improving public access to the waterfront. As explained on page 5 -16 of the DEIR, the Preservation Alternative would be the "environmentally superior alternative" as defined in CEQA Guidelines section 15126.6(e)(2). The Preservation Alterative would meet the project objectives while eliminating the significant and unavoidable effect of the Proposed Project on cultural resources. The Reduced Density and City Park Alternatives would have less severe traffic and transit impacts than either the proposed project or the Preservation. Alternative, because both the Reduced Density and City Park Alternatives would generate fewer peak hour trips than both the Preservation Alternative and the Proposed Project. V. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guideline Section 15093, the City Council has balanced the benefits of the Reduced Density Alternative against its unavoidable environmental risks in determining whether to approve the Alternative, and has determined that the benefits of the Reduced .Density Alternative outweigh the unavoidable adverse environmental effects. The reasons set forth below are based on the Final EIR and other information in the record. The City Council hereby finds that the following specific economic, legal, social, technological, or other benefits of the Reduced Density Alternative will outweigh the unavoidable adverse environmental effects of it for the following overriding considerations: The Reduced Density Alternative will: 1. Eliminate blight and address a hazardous condition in the area, including but not limited to, renediation of contamination on the site and removal of abandoned and dilapidated buildings that pose a safety concern. 2. Provide new and improved infrastructure, such as streets and landscaping and a public park, without generating new costs to the General Fund. 3. Result in 180 new residential units for the city and the region to help address the regional housing need and increase the supply of affordable housing in the City of Alaineda 4. Improve public access to and views of the waterfront by providing two acres of public waterfront open space. S. Generate new revenue for the General Fund by redeveloping the site and provide jobs during the construction process. VI. INCORPORATION BY REFERENCE The Final EIR is hereby incorporated into these Findings in its entirety. without limitation, this incorporation is intended to elaborate on the scope and nature of the mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Boatworks Residential Project Reduced Density Alternative in spite of the potential for associated significant and unavoidable adverse impacts. VII. RECIRCULATION NOT REQUIRED No significant new information was added to the DEIR as a result of. the public comment process. The Final EIR responds to comments, and clarifies, amplifies and makes insignificant modifications to the DEIR. The Final EIR. does not identify any new signif cant effects on the environment or a substantial increase in the severity of an environs nen.tal impact requiring major revisions to the DEIR. Therefore, recirculation of the DEIR is not required. VIII. RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings upon which the Board bases its findings contained herein. The record of proceedings is located in the offices of the City of Alameda Community Development Department. IX. SUMMARY A. Based on the foregoing Findings and the information contained in the record, the City Council has made one or more of the following Findings with respect to each of the significant environmental effects of the Boatworks Residential Project Reduced Density Alternative: 1. Changes or alterations have been required in, or incorporated into, the Reduced Density Alternative that avoid or substantially lessen the significant environmental effects identified in the Final EIR. 12. To the extent that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City of Alameda, those changes or alterations have been, or .can and should be, adopted by that other agency. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or other alternatives identified in the environmental impact report. '3 4 B. Based on the foregoing Findings and the information contained in the record, it is determined that: 1. All significant effects on the environment due to the approval of the Boatworks Residential Project Reduced Density Alternative have been eliminated or substantially lessened where feasible. 2. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section v, above. 35 Reduced Density Alternative MMRP EXHIBIT 7: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) i Monitoring 1 f Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting Schedule Approval Ac lvn T'ranspoarta w arl;d .Crrcula lon unit, TDM MM B -3a: Prior to project occupancy, the project i Applicant will draft Transportation :City of Alameda Department of applicant shall put into place a City approved Demand Public Works Transportation Demand Management program with the 1 Management westbound} at Park Street to provide left turn pockets, goal of reducing the number of peak hour trips by program that HOA must 10 percent. This will include the following measures: adhere s to all and approval and monitoring specifications in f Establish a Boatworks Home Owners Association this measure r (HOA) and CCRs for the project; Department of to improve trip improvement prior Public Works Assess the HOA an annual fee in an amount (DPW) will to occupancy of necessary to provide the following strategies: approve TDM i buttons and pedestrian count down heads, and program. EasyPass program (unlimited transit pass, I Applicant will optimize the signal timing to improve the flow of traffic usable on AC Transit buses), two passes per I establish a unit, additional passes per unit for residents may Boatworks Home be purchased at cost; [Owners Association transit level of service. E (HOA) and CCRs. Bicycle facilities in each unit; i One car -share membership per residential unit; and Provide annual funding for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. HOA wilPrior provide os annual unit, TDM monitoring program must be reports to the approved by the City City. Building Annually westbound} at Park Street to provide left turn pockets, f thereafter, the HOA must provide and approval and monitoring t reports with any protected left -turn phasing, modify the traffic control at recommendations to revise program to improve trip improvement prior reductions. MM B -4: The project applicant shall restripe the Applicant shall p rovide p City of Alameda Public Works oo t Prior to 1 DO t Blandin Avenue a p p roaches eastbound and 0 pp improvement plan Department Building Building ermit g westbound} at Park Street to provide left turn pockets, for DPW review Permit modify the traffic sig nal to be full actuated p rovide g Y p and approval and t protected left -turn phasing, modify the traffic control at complete the E the private driveway of the Waters Edge Nursing Home improvement prior to stop -sign control, include audible pedestrian push to occupancy of f buttons and pedestrian count down heads, and the final 100 housing unit. optimize the signal timing to improve the flow of traffic without causing a significant impact to pedestrian or transit level of service. 1 MMRP 1 6. Mitigation M and Reporting Program MMRP Boatworks Residential Project Mitigation Monitoring Program i s s Monitoring :Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures responsibility IReportin g Schedule Approval Action MM B -5: The project applicant and construction Project Applicant City of Alameda City of Prior to issuance contractor(s) shall develop a construction management and its t Public Works Alameda of building or plan for review and approval by the Public works contractor(s) obtain f Department Public Works grading permit(s) Department prior to issuance of any permits. The plan shall include at least the following items and approval of construction t E Department i requirements to reduce traffic congestion during management plan f and implement the must review prior to i f construction: plan during issuance of 1 A set of comprehensive traffic control measures construction i permits. shall be developed, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. 2. The Construction Management Plan shall identify l haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, I bicycle, and pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The haul routes shall be approved b the City. pp y 3. The Construction Management Plan shall provide for notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would i occur. The Construction Management Plan shall provide for monitoring surface streets used for haul routes so that i any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant MM B -8b: Fund a fair share contribution to restriping Applicant to DPW DPW Prior to approval Park Street between Buena Vista and Blandin g provide a fair share E of final map. Avenues to accommodate transit queue jump lanes, and modify the traffic signals and signal timing at the a rnent in an amount of $11,300. 1 Park Street intersections at Blanding, Clement, and i Buena Vista Avenues). E DPW MM B 1 a: Fund a fair share contribution to reconfigure DPI prepares DPW Prior to and restripe the intersection of Park Street and construction occupancy of Clement Avenue to add dedicated left turn lanes on the specifications of i final unit. eastbound and westbound approaches of Clement required Avenue, and a northbound dedicated left turn lane on 1 intersection Park Street, and to modify the traffic signals to include improvements, protected left turn phasing for all approaches, fully ;including cast actuated traffic signal, and audible pedestrian push 3 estimate. buttons and pedestrian count dawn heads. The reconfiguration would require acquisition of ro ert y E from the northeast and southwest corners and the C I C will pay fair removal of approximately eight parking spaces. share contribution of the cost estimate for i improvements. MM B- 1: Fund a fair share contribution to the DPW prepares 'DPW DPW Improvement to installation of traffic signals at the intersection of Oak ;construction be completed as Street and Clement Avenue, and the restriping of the specifications of i r ;part of Clement eastbound Clement Avenue approach to provide an I required Extensi from Boatworks Residential Project Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions of g p Approval Implementation Monitoring Procedures Responsibility p M Monitoring and R e p orting p g Action f Monitoring Schedule exclusive left --turn lane and a shared through/right-turn intersection i Sherman to lane. This mitigation also would require acquisition of the improvements, Project Applicant City of Alameda Grand and necessary right from the project at the northwest including cost and its Public works Broadway to corner of Park Street and Clement Avenue to install the estimate. contractor(s) shall Department Tilden. traffic signal poles, while maintaining ADA access. procedures required for sites larger than four acres, such as the project site, to maintain project f prepare a i Construction Air t measures in inspect during E construction CIC will pay fair t Pollutant Control applicable share contribution Plan that adhere s 1 construction i of the cost to all specificat plans and estimate for in this measure. f specifications improvements. ;field MM B -12: The Site Development Plan will include a Applicant to fund DPW DPW Improvement to circulation and access analysis prepared by a analysis and any f be completed as registered traffic engineer to ensure that the planned I on --site part of Clement internal circulation system adequately provides for improvements. t Extension from automobile queuing, distances between intersections, f Sherman to commercial vehical access, and pedestrian and bicycle Department of Grand and v and access. Public works f i Broadway to Fund a fair share contribution to the reconfiguration ;prepares ;Tilden.. and restriping of Clement avenue in front of the project 3 preliminary design site to include an eastbound left turn lane (into the cost estimate for project) and an eastbound center refuge /merge lane off -site I (for traffic exiting the project) if recommended by the 1 improvements. 1 analysis, and fund 00% of all on site improvements recommended by the circulation analysis. CIC will a fair py i share contribution f of the cost E estimate for off site F improvements C. fir Cualit and �C1rn to Cling MM G -1: Prior to project occupancy, the project applicant t See B -3a above. See B-3a above. i See B -3a See B -3a above, shall implement MM B -3a JDM). i above. MM C -2. During construction, the project applicant Project Applicant City of Alameda Verify Prior to issuance shall require the construction contractor to implement and its Public works inclusion of of grading BAAQMD's basic and enhanced dust control contractor(s) shall Department dust control building permits procedures required for sites larger than four acres, such as the project site, to maintain project f prepare a i Construction Air t measures in inspect during E construction construction related impacts at acceptable levels; this t Pollutant Control applicable mitigates the potential impact to less than significant. Plan that adhere s 1 construction i to all specificat plans and The "basic" dust control program shall include, but not in this measure. f specifications necessarily be limited to, the following: ;field i inspections water all active construction areas at least twice daily. watering should be sufficient to prevent airborne dust from leaving the site. increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible. i F f a Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (.e., the minimum required space between the top of the load and the top of the I trailer). Boatworks Reduced Density Alternative (182) Residential Project 3 6. Mit igation Monitoring and Reporting P rogram Monitoring l f Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of f Procedures Responsibility Reporting s Schedule Approval Action 3 Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if f visible soil material is carried onto adjacent paved roads. t t f Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at i construction sites. t The "enhanced" dust control measures shall include f the following: i f f Hydroseed or apply non -toxic soil stabilizers to construction areas and previously graded areas t f inactive for ten days or more t f S Enclose, cover, water twice daily or apply non -toxic 3 soil binders to exposed stockpiles of dirt, sand, etc. Limit traffic speeds on unpaved roads to 15 miles per hour (mph) Install sandbags or other erosion control measures to prevent silt runoff to public roadways Replant vegetation in disturbed areas as quickly as possible MM C -6a: In order to reduce GHG emissions from Project applicant ;City of Alameda Verify Prior to issuance energy consumption and to maintain project operations and its consistent with the initiatives of the LAPCP, the project contractor(s) shall Community Development inclusion of a I energy of building or building permit(s) applicant shall pursue energy conserving building prepare site plans Department conservation design and alternative energy conservation strategies that incorporate design to meet or exceed the most current Uniform Building energy :measures in Code requirements and State energy criteria. conservation construction i design measures f plans and specifications MM C -+6b: In order to maintain project operations Project applicant City of Alameda Verify Prior to issuance consistent with Energy Initiative 6 of the LAPCP, no and its Community exclusion of of building or fireplaces or stoves installed as part of the proposed contractor(s) shall Development wood building permit(s) project may be wood burning. prepare site plans Department burning that exclude wood e fireplaces burning fireplaces 1 and stoves in or stoves I construction i plans and i E specifications MM C 6c: In order to maintain project operations Project applicant DPW. DPW to Prior to issuance consistent with Waste and Recycling Initiative I of the i shall prepare a F approve of demolition LAPCP, demolition and construction wastes shall be demolition demolition t permits sorted and 50% recycled to the extent feasible. A recycling plan and be developed construction plans recycling verify demolition recycling plan shall prior to plan; inclusion issuance of demolition permits and approved by DPW. I shall specify of sorting and sorting and recycling of rec ycling in Boatwork Residential Project 4 Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program M ARP Monitoring Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting Schedule Approval Action 1 materials construction plans NEW MM D-1: The project applicant will incorporate the Project applicant City of Alameda Approve Prior to issuance following requirements into the construction contract and its contractor(s) shall ;Community construction Development contract of building or building permit(s) specifications: prepare I Department; City specification construction Building and Construction activities will be limited to between the contract I Department staff. construction hours of 7:00 am and 7:00 pm Monday through specifications and :plan Friday and 8:00 am to 5:00 pm on Saturdays. construction plans that adhere to all d f tti ill Equipment and trucks used construction w use specifications in this measure the industry tandard noise control tech e. rY q g•, I improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically- attenuating shields or shrouds, I wherever feasible). 1 I f f Stationary noise sources will be located as far from S f adjacent receptors, whenever feasible, and they will be f muffled and enclosed within temporary sheds, j incorporate insulation barriers, or other measures to the extent feasible. 11 M D -4•: If necessary to comply with the interior noise (Project Applicant City of Alameda Verify that sit f Prior to issuance requirements of the State and achieve an acceptable I and its Community ;plans of building or interior noise level, noise reduction in the form of contractor(s) shall Development incorporate building permit(s) sound -rated assemblies (i.e., windows, exterior doors, 1 prepare site plans that incorporate the Department City noisy- Building controlling and walls) shall be incorporated into project building design, based upon recommendations of a qualified described noise Department staff. features acoustical engineer. Final recommendations for sound- 1 controlling design rated assemblies will depend on the specific building I measures I F designs and layout of buildings on the site and shall be determined during the design phase. Specific i consideration shall be given to window size, degree of f sound insulation of exterior walls, which can be increased through staggered- or double- studs, multiple F t layers of gypsum board, and incorporation of resilient channels. cu Re`svc OEM MM E-1: The project applicants shall document the Project applicant City of Alameda Verify that Verify that HABS circa 1910 Steel Fabrication ShopNVarehouse and and its contractor(s) shall ;Community NABS Development documentatio documentation has been Compressor Room/Storage Building in accordance prepare NABS Department n has been completed pr with the Historic American Building Survey (NABS) Level II 1 completed. to issuance of Level 11 documentation standards of the National Park documentation. demolition permit. Service. Level 11 standards include the following: 1. Photographs. Large format (4 x 5 -inch negatives or Project applicant i Verify that an appropriate Verify that an greater black and white photographs should be and its interpretive appropriate taken of all elevations of the two buildings, plus contractor(s) shall history interpretive limited context and detail shots. A limited number of retain a professional exhibit has been history exhibit has been historical photos of the project area buildings, if architectural ;installed. installed prior to available, should also be photog raphically historian to design occupancy.. reproduced. All photographs should be printed on an interpretive acid -free archival band paper. history exhibit that Boatworks Reduced Density Alternativ (182) Residential Project f Mitigation Monitoring and Reporting Program MIVIRP Monitoring t Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of I Procedures Responsibility Reporting Schedule Approval t I Action 2. Written History. Prepare a written history of the adheres t all t specificati ons in project area and buildings using the HABS standard 1 this measure. outline format. t 3. Drawings. If available, reproduce original building drawings on mylar or through photographic means. 4. Archiving. The completed HABS documentation package (photos, report, and drawings) shall be archived at the City of Alameda, the City of Alameda Public Library, and the Northwest Information Center of Sonoma State University. The project applicant shall also provide an interpretive history exhibit in the form of a plaque or panel to describe the historical importance of the former Dow Company buildings to the general public. Information generated from the documentation effort, such as photographs and historical text, described above, can be utilized for this effort as well. The interpretive exhibit can either be placed along the proposed waterfront trail /open space, or at the corner of Clement Avenue and Oak Street. The interpretive exhibit should be designed by a professional architectural historian meeting the qualifications of the Secretary of the Interior's Standards. IVIM F -2: If cultural resources are encountered, all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil "midden containing heat affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic --era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they will notify the project applicant or contractor(s) and the City of Alameda and will develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. Project Applicant and its contractor(s) shall retain archaeologist Archaeologist shall conduct subsurface archaeological investigation Project Applicant and its contractor(s) shall train workers and monitor their activities Project Applicant and its contractor(s) shall halt work and notify qualified archaeologist and a Native American representative if materials are discovered Uity of Aiameaa Community Development Department Review and approve extent and methodology of subsurface paleontologic al investigation If resources are encountered, verify work is suspended and review and approve of the treatment and monitoring plan if paleontologic al materials are discovered In considering any suggested mitigation proposed by the archaeologist and Native American representative in order to mitigate impacts to cultural resources, the project proponent will determine whether avoidance is necessary and feasible in light of factors such as the Archaeologist, in consultation with Native American representatives shall conduct Review extent and methodology of subsurface investigations priorto approval of grading permit(s) If resources encountered, review of treatment and monitoring plan prior to continuation of construction Boatworks Residential Project 6 Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program MMRP Mitigation Measures Adopted as Conditions of Approval f //monitoring Imple mentation Monitoring and Procedures Responsibility Reporting Action //monitoring Schedule nature of the find, project design, costs, and other j independent and its considerations. If avoidance is infeasible, other l review and I Department appropriate measures (e.g., data recovery) will be prepare treatment paleontologist instituted. work may proceed on other parts of the I plan, if necessary i project area while mitigation for cultural resources is Project Applicant t t being carried out. or its contractor(s) ;includes investigation I shall implement Project Applicant determines that the remains are the treatment plan j contractor(s) shall and/or implement t train workers and Heritage Commission, in accordance with Health and other measures t remains are activities such as data 3 recovery MM E -3: If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground disturbing construction activities, all such activities within 100 feet of the find shall be halted until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation with the City of Alameda and in conformance with Society of Vertebrate Paleontology Guidelines. Project Applicant f City of Alameda Community and its i Development contractor(s) shall I Department retain contractor(s) shall Development paleontologist immediately halt work, contact the Alameda County Paleontologist construction plans shall conduct i monitor their subsurface procedures and protocols set forth in Section 15004.5 archaeological ;includes investigation F i If remains are Project Applicant determines that the remains are the and its procedures human contractor(s) shall i Applicant and its train workers and Heritage Commission, in accordance with Health and monitor their remains are activities Project Applicant and its contractor(s) shall halt work and notify paleontologist if materials are discovered Paleontologist shall conduct independent review and develop salvage measures, if necessary Project Applicant or its contractor(s) shall salvage measures Review and approve extent and methodology of subsurface paleontologic al investigation If resources are encountered, verify work is suspended. Review and approve of the paleontologic al materials salvage measures. Review extent and methodology of subsurface investigations prior to approval of grading permit(s) If resources encountered, review of salvage measure plan prior to continuation of construction M E -4: If human skeletal remains are uncovered Project Applicant i City of Alameda Review and Prior to approval during project construction, the project proponent and its Community approval of of the (depending upon the project component) will contractor(s) shall Development the construction immediately halt work, contact the Alameda County train workers and Department construction plans coroner to evaluate the remains, and follow the i monitor their plan that procedures and protocols set forth in Section 15004.5 activities ;includes (e )(1) of the CEQA Guidelines. If the County coroner Native American, F i If remains are standard if determines that the remains are the i v r d sco e ed, project procedures human project proponent will contact the Illative American i Applicant and its Heritage Commission, in accordance with Health and contractor(s) shall remains are Safety Code Section 7050.5, subdivision (c), and 3 Qaatworks Reduced Density Alternative 182) Residential Project F. Mitigation Monitoring and Reporting Program MMRP Monitoring Implementation I Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures I Responsibility Reporting Schedule Approval Action Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. MM F -1: No more than two weeks in advance of any tree or shrub removal, or alteration to structures that would commence during the breeding season (February I through August 31 a qualified wildlife.biologist shall conduct pre construction surveys of all potential special status bird nesting habitat in the vicinity of the planned activity. Pre construction surveys are not required for construction activities scheduled to occur during the non breeding season (August 31 through January 31). Construction activities commencing during the non breeding season and continuing into the breeding season do not require surveys (as it is assumed that any breeding birds taking up nests would be acclimated to project- related activities already under way). Nests initiated during construction activities would be presumed to be unaffected .by project activities, and a buffer zone around such nests would not be necessary. However, a nest initiated during construction cannot be moved or altered. If no active nests are found during pre construction avian surreys, then no further mitigation is required. If active nests are found during pre construction avian surveys, the results of the surveys shall be discussed with the appropriate resource agency and avoidance procedures shall be adopted, if necessary, on a case by -case basis. Avoidance measures would most likely include a no- disturbance buffer around the nest, which will be maintained until a qualified biologist determines that the young have fledged or otherwise.abandoned the nest. The size of the buffer zones and types of construction activities restricted within them shall be determined through consultation with resource agencies, taking into account factors such as (1 noise halt work and notify the Alameda County coroner. If the remains are determined to be Native American, the project proponent shall contact the Native American Heritage Commission. Project Applicant or its contractor(s) and /or the landowner shall halt further development activity and confer with the most likely descendants. Project applicant and its contractor(s) shall ensure that construction plans) that adhere to this measure to reduce impacts to birds and their nests /eggs If construction will take place between February 1 and August 31, project applicant and its contractor(s) shall retain a qualified wildlife biologist to complete the actions in this measure. City of Alameda Community Development Department; appropriate resource agency (i.e. California Department of Fish and Came) encounte Review the cornstruction plan(s) for the project to ensure that nesting. season is avoided or that activities minimize effects on nests. If active nests are found during pre construction avian. surveys, the results of the surveys.shall be discussed with the appropriate resource agency (i.e. CDFG), and avoidance procedures shall be adopted, if necessary. Prior to approval of the construction plans and prior to start of applicable phase of construction. Boatworks Residential Project U Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program MMRP City of Alameda S t Monitoring e and its Implementation Monitoring and Monitorin g Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting I schedule Approval E S Action and human disturbance levels at the project site and retain a qualified Department the nesting site at the time of the survey and the noise E i and disturbance expected during the construction t activity; (Z) distance and amount of vegetation or other (e.g., a biologist holding a CDFC collection permit and locate colonies, screening between the project site and the nest; and sha11 be. removal permit(s) (3) sensitivity of individual nesting species and institute protective and i behaviors of the nesting birds. sand demolition the biologist to handle and collect bats) shall conduct MM F -2: The applicant and project designer shall reduce building lighting from exterior sources by the following measures: Minimize amount and visual impact of perimeter lighting, through measures such as downward pointing lights, side shields, visors, and motion sensor lighting. Utilize minimum wattage fixtures to achieve required lighting levels. Use minimum wattage fixtures to achieve required lighting levels. Avoid placing water features in close proximity to glazed facades. Project applicant City of Alameda and its Community contractor(s) shall Development prepare site plans Department that incorporate building design features that adhere to this measure Verify Prior to issuance inclusion of 1 1 of building or bird safe i building permit(s) design measures in construction plans and specifications Design to avoid monolithic, undisinguishable expanses of glazing by maximizing "visual noise" both on the building scale and individual glass units. MM F 3a: Potential direct and indirect disturbances to Project applicant City of Alameda Tree removal Approval of bat bats shall be identified by locating colonies, and and its Community perm protective instituting protective measures prior to construction. No contractor(s) shall Development and 5 measures shall more than two weeks in advance of tree removal or retain a qualified Department demolition. take place prior to demolition of buildings onsite, a qualified bat biologist bat biologist to permits} issuance of tree (e.g., a biologist holding a CDFC collection permit and locate colonies, sha11 be. removal permit(s) a Memorandum of Understanding with CDFC allowing institute protective and i conditioned sand demolition the biologist to handle and collect bats) shall conduct [measures, upon permit (s pre construction surveys for bat roosts. No activities disturb 1 conduct pre approval of bat Pre- construction that could active roosts shall proceed prior to ;construction protective surveys shall be the completed surveys. curve s I Y measures. conducted no more than two weeks prior tree s ref oval or demolition. MM F -3b: If a bat colony is located within the project Project applicant City of Alameda Review pre- Approval of bat site during pre construction surveys, the project shall and its Community construction protective be redesigned to avoid impacts, and a no- disturbance contractor(s) shall Development Department survey measures shall buffer acceptable in size to the CDFC shall be created retain a quaffed reports. take. place prior to around any roosts in the project vicinity, if possible. Bat bat biologist to Rev vv issuance of tree roosts initiated during construction are presumed to be conduct re- p construction removal permits) unaffected, and no buffer is necessary. However, the construction and site and demolition "take" of individuals is prohibited. surveys. plans for permit(s). If there is a maternity olon resent and the project y Y p p If surveys identify bat colonies within proper incorporation Pre construction surveys shall be cannot be redesigned to avoid removal of the tree or the site, project of buffers. conducted no structure inhabited by the bats, demolition of that tree applicant and its more than two or structure shall not commence until after young are contractor(s) shall weeks prior tree flying (i.e., after July 31, confirmed by a qualified bat prepare removal o biologist) or before maternity colonies form the construction and demolition. following p rior to March 1 g Y ear i.e. p site plans with Boatworks Reduced Density Alternative (182) Residential Project E. Mitigation Mo and Reporting Program MMRP Boatworks Residential Project 4 Mitigation Monitoring Program f i Implementation I Monitoring Monitoring i and Monitoring Mitigation Measures Adopted as Conditions of I Procedures Responsibility Reporting Schedule Approval I Action If a non-maternity roost must be removed as art of the y p bothers that adhere to this measure. i project, the non maternity roost shall be evicted prior to building /tree removal by a qualified biologist, using Project applicant methods such as making holes in the roost to alter the and its air flow, or creating one way funnel exits for the bats. contractor(s) shall train construction workers to avoid 1 "take" of bats. Maternity colonies shall be avoided t and non maternity t colonies shall be evicted in accordance with t this measure. MM F -3c: If known bat roosting habitat is destroyed If known bat t City of Alameda Review pre- t Review of during building /tree removal, artificial bat roosts shall roosting habitat is E Community c onstruction construction and be constructed in an undisturbed area in the project destroyed during Development survey site plans shall be site vicinity away from human activity and at least 200 building or tree I Department reports. conducted prior feet from project demolition/construction activities. The removal, artificial Review to issuance of design and location of the artificial bat roost(s) shall be bat roosts shall be 1 construction tree removal determined by a qualified bat biologist. constructed in and permit(s) and accordance with site plans for demolition this measure. permit(s). proper incorporation Artificial roosts of artificial shall be roosts. constructed prior to destruction o roosting habitat, or. by a date recommended by a qualified bat f biologist. WIM F If dredging or pile occurs as ark of the Project applicant City of Alameda Review Prior to approval ect l Best project, the project applicant shall implement and its Community construction of the Management Practices (BMPs) for protection of contractor i (s shall Development p (s) plan(s for construction salmonids and Pacific herring, that are identified in the incorporate into Department incorporation plans Long -Term Management Strategy for the Placement of construction of BMPs. Dredged Material in the San Francisco Bay Region ;plan(s). (LTMS) (Corps, 2001). BMPs listed in the LTMS include the following: installation of silt curtains and gunderboorns for filtering sediment; mechanical dredge operations controls, including increased cycle time, elimination of multiple bucket bites, and elimination of bottom stockpiling, i hydraulic dredge operations controls, including reduction of cutterhead rotation speed, reduction of E swing speed, and elimination of bank undercutting; I i hopper dredges and barges operational controls, 1 including reduction of hopper overflow, lower hopper fill levels, and use of a water recirculation system; and use of specialty equipment, includin neuma F Boatworks Residential Project 4 Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program It MRP Monitoring Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting Schedule Approval Action pumps, closed or environmental buckets, large capacity dredges, and specialized tools for precision dredging. In addition, dredging or pile driving in the Oakland Estuary shall minimize impacts on special status fish through one or more of the following methods. (1) dredging or pile- driving shall only be conducted within work windows designated to cause the least impact on Pacific herring and salmonids (i.e., June through November, see Table 4.F -1); (2) dredging or pile driving shall only produce noise levels below 150 decibels at 30 feet; and/or (3) dredging or pile- driving shall only be conducted in accordance with NMFS directives and Corps permits to reduce potential impacts on fish species. IVIM F -5a: The project applicant shall implement the following Best Management Practices (BMPs) during construction: 1. Install silt fencing, straw wattles or other appropriate erosion and sediment control methods or devices to prevent sediment from the upland portion of the site from entering the Estuary as a result of project activities. Project applicant and its contractor(s) shall incorporate into construction plans). 1 Review construction plan(s) for incorporation of BIUIPs and conduct regular inspections. Prior to approval of the subdivision improvement plans 2. Operate equipment (e.g., backhoes and cranes) that is used for removal or installation of fill and rip rap along the Estuary shoreline from dry land, where possible. Construction operations within the Oakland Estuary can also be barge mounted or utilize other water -based equipment such as scows, derrick barges and tugs. 3. Prevent any fueling activity from occurring within 50 feet of the Oakland Estuary. 4. where applicable, implement BMPs listed under Mitigation Measure 4.F- -4 to avoid impacts to water quality resulting from dredging or other activities within open waters, as identified in the tong- terra Management Strategy for the Placement of Dredged Material in the Sari Francisco Bay Region (LTMS) (Corps, 2001). Test all materials proposed for excavation and dredging for the possible presence of contaminants. Construction practices shall be designed in coordination with the Corps, RWQCB, and other applicable agencies, to minimize the dispersion of contaminants into the water column and ensure proper disposal of contaminated materials. MM F -fib; The ro'ect a licant shall pr Project Applicant City of Alameda Review Prior to approval corn ensato rniti ation .e. "no net loss" for an p g y and its Community project of the I temporary and permanent impacts to wetlands as defined by Section 404 of the Clean Water Act, as s contractor shall provide Development p Department; DPVII, plan (s) for p incorporation construction plans required by regulatory permits issued by.the Corps, compensatory Army Corps of of RWQCB, and BCDC. Measures may include but would mitigation for Engineers, compensator not be limited to (1) onsite or offsite mitigation through wetlands impacts RWQCB, and y wetlands wetland creation or restoration; and (2) development of as specified in this BCDC. mitigation. measure. Boatworks Reduced Density Alternative (182) Residential Project 11 6. Mit Monit and R eportin g Program MMRP /Mitigation /Measures Adopted as Conditions of Approval a Mitigation and Monitoring Plan. Onsite or Offsite Wetland Creation or Restoration. To the extent practicable, the project applicant shall restore the tidal marsh to the Oakland Estuary shoreline at a minimum 1 :1 impact -to- restoration ratio, through activities such as removal of debris and concrete riprap, and revegetating with native tidal marsh species. If onsite restoration is not feasible, the project applicant shall negotiate compensatory offsite mitigation for wetland losses with applicable regulatory agencies, at a 3:1 impact -to- restoration ratio, or other ratio determined by the agencies. Mitigation and Monitoring Program. Prior to the start of construction or in coordination with regulatory permit conditions, the project applicant shall prepare and submit for approval to the Corps, RWQCB, and BCDC a mitigation and monitoring program that outlines the mitigation obligations for temporary and permanent impacts to maters of the U.S., including wetlands. The program shall include baseline information from existing conditions, anticipated habitat to be enhanced, thresholds of success, monitoring and reporting requirements, and site specific plans to compensate for wetland losses resulting from the project. The Boatworks Residential Project Mitigation and Monitoring Plan shall include, but not be limited to, the following: Clearly stated objectives and goals consistent with regional habitat goals. Location, size, and type of mitigation wetlands proposed. A functional assessment of affected jurisdictional waters to ensure that the EPA's "no net loss of wetland value" standard is met. The functional assessment shall also ensure that the mitigation provided is commensurate with the adverse impacts on Bay resources in accordance. with BCDC mitigation policies. The assessment shall provide sufficient technical detail in the project design including, at a minimum, an engineered grading plan and water control structures, methods for conserving or stockpiling topsoil, a planting program including removal of .species, a list of all species to be planted, sources .of seeds and/or plants, timing of planting, plant locations and elevations on the mitigation site base map, and maintenance techniques. Documentation of performance, monitoring, and adaptive management standards that provide a mechanism for making adjustments to the mitigation site. Performance and monitoring standards shall indicate success criteria to be met within 5 years for vegetation, animal use, removal of exotic species, and hvdroloay. Adaptive Boatworks Residential Project 12 Mitigation Monitoring Program Monitoring Implementation /Monitoring and Monitoring Procedures Responsibility I Reporting schedule Action Project Applicant Review and its Boatworks contractor(s) shall I wetlands create and adhere J Mitigation to a wetlands and Mitigation and Monitoring Monitoring Plan. Plan, If onsite restoration is not feasible, the project applicant shall negotiate compensatory offsite mitigation for wetland losses with applicable regulatory agencies, at a 3:1 impact -to- restoration ratio, or other ratio determined by the agencies. Mitigation and Monitoring Program. Prior to the start of construction or in coordination with regulatory permit conditions, the project applicant shall prepare and submit for approval to the Corps, RWQCB, and BCDC a mitigation and monitoring program that outlines the mitigation obligations for temporary and permanent impacts to maters of the U.S., including wetlands. The program shall include baseline information from existing conditions, anticipated habitat to be enhanced, thresholds of success, monitoring and reporting requirements, and site specific plans to compensate for wetland losses resulting from the project. The Boatworks Residential Project Mitigation and Monitoring Plan shall include, but not be limited to, the following: Clearly stated objectives and goals consistent with regional habitat goals. Location, size, and type of mitigation wetlands proposed. A functional assessment of affected jurisdictional waters to ensure that the EPA's "no net loss of wetland value" standard is met. The functional assessment shall also ensure that the mitigation provided is commensurate with the adverse impacts on Bay resources in accordance. with BCDC mitigation policies. The assessment shall provide sufficient technical detail in the project design including, at a minimum, an engineered grading plan and water control structures, methods for conserving or stockpiling topsoil, a planting program including removal of .species, a list of all species to be planted, sources .of seeds and/or plants, timing of planting, plant locations and elevations on the mitigation site base map, and maintenance techniques. Documentation of performance, monitoring, and adaptive management standards that provide a mechanism for making adjustments to the mitigation site. Performance and monitoring standards shall indicate success criteria to be met within 5 years for vegetation, animal use, removal of exotic species, and hvdroloay. Adaptive Boatworks Residential Project 12 Mitigation Monitoring Program 6. Mitigation Monitoring and Reporting Program MMRP Boatworks Reduced Density Alternative (182) Residential P ,roject 13 Monitoring Implementations Monitoring and Monitoring Mitigation Measures Adopted as Conditions of t Procedures Responsibility Reporting Schedule Approval l Action f management standards shall include contingency 4 measures that outline clear steps to be taken if and when it is determined, through monitoring or other means, that the enhancement or restoration i techniques are not meeting success criteria. G o log se srn cit 7777 7777777777 Em MM G-1 a: A site- specific, design -level geotechnical j Project Applicant City o Alameda Review Prior to issuance investigation for the project shall be conducted as a i and its Community geotechnical of building permit, condition of building permit. The investigation shall i include detailed characterization of the distribution and contractor(s) shall retain a registered Development Department ;investigation I review. i geotechnical compositions of subsurface materials and an geotechnical for the investigation. assessment of their behavior during violent seismic engineer to conduct a project as a condition of Prior to ground shaking. The analysis shall recommend design parameters that would be necessary to avoid or geotechnical building occupancy certificate substantially reduce structural damage under peak investigation. Invest p ermit. inspect final ground accelerations of no less than 0.655g. The investigation and recommendations shall be in results and Inspect final buildings. conformance with all applicable city ordinances and recommendations shall be included buildings to policies and consistent with the design requirements of in the final design ensure they Seismic Design Category E/F (very high vulnerability) of of the project and were the California Building Code. The geotechnical report shall be including ;constructed shall be prepared by a registered geotechnical engineer and a roved b the City and all recommendations in grading and according to shall be included in the f final design of the project. g p t ro bu permit i applicat t specifications IVIM G -1 b: Prior to issuance of occupancy permits, the Project applicant City of Alameda Review and. Prior to project applicant shall prepare an earthquake hazards information document to the satisfaction of City staff. I and .its contractors} shat[ Community ;approve Development ;earthquake occupancy certificate. This document shall be made available to any potential prepare an arthquake 3 Department hazards occupant prior to purchase or rental of the housing document I hazards information units. The shall describe the potential for p strong ground shaking at the site, potential effects of information document. :document.. ground shaking, and earthquake preparedness I procedures. [Vile G -2: Earthwork, foundation and structural design Project applicant City of Alameda Review and Prior to approval for the proposed project shall be conducted in and its contractors Community approve of planning accordance with all recommendations contained in the shall incorporate Development project entitlements for required geotechnical investigation (Mitigation Measure recommendations i Department design and the project or 4.G -1 a). The investigation must include an assessment f from the i construction f issuance of of all potentially foreseeable seismically induced I geotechnical g loos p building permit(s) ground failures including liquefaction, sand .boils, E investigation (see i MM G -1 a, above) 3 lateral spreading and rapid settlement. Mitigation strategies must be designed for the site specific into project design conditions of the project and must be reviewed for and construction E compliance with the guidelines of CGS Special ;plans- Publication 117 prior to incorporation into the project. Examples of possible strategies include edge I containment structures (berms, diked sea walls, f retaining structures, compacted soil zones), removal or treatment of liquefiable soils, soil modification, modification of site geometry, lowering the groundwater j table, in -situ ground densifcation, deep foundations, reinforced shallow foundations, and structural design that can accommodate predicted displacements. 1 IVIM G -3: The required geotechnical report for the Project Applicant City of Alameda Review and Prior to approval project (Mitigation Measure 4.G- -1 a) shall determine the I and its Community approve of planning susceptibility of the project site to settlement and I contractor shall ;Development project ;entitlements for prescribe appropriate engineering techniques for retain a registered Department design and €the projector reducing its effects. Where settlement and/or geotechnical construction I issuance of engineer to t f Boatworks Reduced Density Alternative (182) Residential P ,roject 13 6. Mitigation Monitoring and Reporting Program M1VIRP Monitoring Implementation Monitoring and Monitoring i Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting Schedule Approval Action t differential settlement is predicted, mitigation I prescribe plans. measures —such as lightweight fill, geofoam, I mitigation MM H -3: An Integrated Pest Management Plan (IPM} surcharging, wick drains, deep foundations, structural I measures based Review and IPM. slabs, hinged slabs, flexible utility connections, and on the [and utility hangers -could be used. These measures shall f geotechnical of open space be evaluated and the most effective, feasible. and investigation. Conservation and economical measures shall be recommended. Such measures recommend methods of pest prevention and turf grass Engineering recommendations shall be included in the shall be included I project engineering and design plans, and be reviewed I in the project 1 prepare and and approved by a registered geotechnical engineer. f engineering and improvement All construction activities and design criteria shall i design plans, and comply with applicable codes and requirements of the I be reviewed and application shall be specified. The IPM shall specify most recent California Building Code, and applicable i approved by a City construction and grading ordinances. registered Management Plan geotechnical engineer. building permits H. H drolog nt wat�QudI t. 1; E 1 BCDC shall Prior to issuance MM H -3: An Integrated Pest Management Plan (IPM} E Project Applicant its PDVl1 Review and IPM. Prior to approval shall be prepared and implemented by the project [and Francisco Bay approve of open space applicant for all common landscaped areas. The IPM shall be prepared by a qualified professional and shall I contractor(s) shall i retain a quaffed Conservation and I maintaince agreement o recommend methods of pest prevention and turf grass I professional to Development I subdivision management that use pesticides as a last resort in pest 1 prepare and Commission I improvement control. Types and rates of fertilizer and pesticide implement an I agreement. application shall be specified. The IPM shall specify Integrated Pest methods of avoiding runoff of pesticides and nitrates Management Plan City of Alameda Review and Prior to approval into receiving storm drains and surface watersor I (IPM) that adheres Community approve of improvement leaching into the shallow groundwater table. Pesticides to the Development assessment. plan. shall be used only in response to a persistent pest specifications in Department roblem that cannot be resolved b non- esticHim this measure. f V y p measures. Preventative chemical use shall not be employed. Cultural and biological approaches to pest control shall be fully integrated into the IPMs, with an emphasis toward reducing pesticide application. Ivies H The project applicant shall design and Project Applicant 1 City of Alameda 1 BCDC shall Prior to issuance construct the proposed seawall such that future adaptive and its PDW; San E review final of construction management measures can be implemented to further contractor(s) shall Francisco Bay seawall permit. protect upland areas from potential rising sea levels. design and Conservation and design. Prior to construction, the final seawall design shall be construct seawall Development reviewed by BCDC and in accordance with current Commission I j guidelines regarding protection against sea level rise. I I. Hazards and Hazardoas Ilatrials W IM 1 -1 a. Each structure proposed for demolition shall Project Applicant City of Alameda Review and Prior to approval be assessed by qualified licensed contractors for the and its Community approve of improvement potential presence of lead -based paint or coatings, contractor(s) shall Development assessment. plan. asbestos containing materials, and PCB containing retain qualified Department equipment prior to issuance of a demolition permit. licensed f contractors to assess structures i for the potential presence of lead- based paint or coatings, asbestos containing materials, and PCB containing I equipment. 1M 1 -1 b: if the assessment re uired b Miti ation 1 Project Applicant City of Alameda Review and Prior to issuance Boatworks Residential Project 1 Mitigation Monitoring Pragram MM 1-1c: If the assessment required by Mitigation Measure 41 -1 a finds presence of lead -based paint, the project applicant shall develop and implement a lead based paint removal plan. The plan shall specify, but not be limited to, the following elements for implementation: Project Applicant City of Alameda 6. Mitigation Monitoring and Reporting Program Community 11 M R.P Development develop and Department f certified asbestos t Monitoring to develop and I Implementation Monitoring I and Monitoring Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting schedule Approval by a state certified asbestos contractor. specifications of Act Measure 41 -1a finds presence of lead -based paint, and its Community approve of demolition or asbestos, and /or PCBs, the project applicant shall contractor (s) shall 1 Development health and renovation create and implement a health and safety plan to create and I Department safety plan permit. protect workers from risks associated with hazardous implement a health materials during demolition or renovation of affected and safety plan i structures. f s MM 1-1c: If the assessment required by Mitigation Measure 41 -1 a finds presence of lead -based paint, the project applicant shall develop and implement a lead based paint removal plan. The plan shall specify, but not be limited to, the following elements for implementation: Project Applicant City of Alameda and its Community contractor(s) shall Development develop and Department implement a lead certified asbestos based paint to develop and removal plan that implement an adheres to the asbestos specifications of abatement plan this measure 'that adheres to the Develop a removal specification approved by a Certified Lead Project Designer. Ensure that all removal workers are properly trained. 0 Contain all work areas to prohibit off site migration of paint chip debris. Remove all peeling and stratified lead -based paint on building and non building surfaces to the degree necessary to safely and properly complete demolition activities according to recommendations of the survey. The demolition contractor shall be .responsible for the proper containment and disposal of intact lead -based paint on all equipment to be cut and/or removed during the demolition. Provide on -site personnel and area air monitoring during all removal activities to ensure that workers and the environment are adequately protected by the control measures used. Clean up and/or vacuum paint chips with a high efficiency particulate air (HEPA) filter. Collect, segregate, and profile waste for disposal determination. Properly dispose of all waste. NIM 1-1d: If the assessment required by Mitigation Project applicant Measure 4.1 -a finds asbestos, the project applicant and its shall ensure that asbestos abatement shall be contractor(s) shall conducted by a licensed contractor prior to building retain a state demolition. Abatement of known or suspected ACMs certified asbestos shall occur prior to demolition or construction activities to develop and that would disturb those materials. Pursuant to an implement an asbestos abatement plan developed by a state certified asbestos asbestos consultant and approved by the City, all abatement plan ACMs shall be removed and appropriately disposed of 'that adheres to the by a state certified asbestos contractor. specifications of this measure MM I -1 e: If the assessment required by Mitigation Project applicant Measure 41 -1 a finds PCBs, the project applicant shall and its ensure that PCB abatement shall be conducted prior to contractor(s) shall building demolition or renovation. PCBs shall be retain a qualified removed by a qualified contractor and transoorted in contractor to Review and Prior to issuance approve of demolition or lead -based renovation paint removal permit, plan City of Alameda Review and Prior to issuance Community approve of demolition or Development asbestos renovation Department abatement permit. plan Community demolition d of demolition or Development plans for renovation Department inclusion of permit. proper PC City of Alameda Review I Prior to issuance Boatworks Reducers Qerisity Alternative (182) Residential Project 15 6. Mitigation Monit and Re porting Program MMRP Monitoring Implementation Monitoring and Monitoring Mitigation Measures Adopted as Conditions of Procedures Responsibility Reporting Schedule Approval F Action accordance with Caltrans requirements. t remove and removal transport PCBs in 1 accordance with this measure and Caltrans requirements. MM 1 -2a: The project applicant shall prepare a health 1 Project applicant City of Alameda Review and Prior to issuance and safety plan, based on the site conditions and past and its 1 Community approve of demolition or contaminant release history and remediation, by a contractor shall Development health and renovation licensed industrial hygienist. The health and safety plan retain a licensed s Department safety plan permit. shall identify potential contaminants that may be industrial hygienist encountered, appropriate personal protective t to prepare a health equipment, and worker safety procedures for ills and y p and safety plan accidents. that adheres to all 1 specifications in this measure. MM 1-2b: To reduce environmental risks associated I Project applicant City of Alameda Review Prior to issuance with encountering contaminated soil discovered during grading and construction, the project applicant shall and its contractor(s) shall Community Development grading, demolition of grading and demolition ensure that any suspected contaminated soil is handle and test any suspected Department and permits. stockpiled separately, sampled for hazardous material construction content, and disposed of in accordance with all contaminated soil plans for applicable state, federal, and local laves and in full adherence to inclusion of regulations. All contaminated soil determined to be hazardous or non hazardous waste shall have received the specifications of this measure :contaminated :soil all laboratory analyses for acceptable disposal as and in accordance guidelines required by the receiving facility before it can be with all applicable removed from the site. state, federal, and f local laves and i regulations f MM 1 -2c: Prior to issuance of any building or grading Project applicant City of Alameda Review Prior to issuance permits, any areas of identified contamination shall and its Community report of of building or have completed all measures required by ACDII 1, contractor(s) shall Development measures grading permits DTSC or RW QCB for site closure, and shall be certified complete all Department completed for residential use. Where necessary, additional measures required and remediation to permit residential use and occupancy of by ACDEH, DTSC certification I the project shall be accomplished by the project or Rv11QCB for site for residential t applicant prior to issuance of any building or grading closure, and the use. plans. I site shall be certified for 1 residential use f Boatworks Residential Project 16 Mitigation MonUoring Program I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in a regular sleeting assembled on the 21 st day of September, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, ESS, WHEREOF, I have hereunto set nay hand and affixed the seal of said city this 22nd day of September, 2010. Lara 11'rleisiger, city clerk City of Alameda CITY OF ALAl11'IEDA RESOLUTION NO. ADOPTING GENERAL PLAN AMENDMENTS RELATED To OPEN SPACE AND RESIDENTIAL DEVELOPMENT ON THE NORTHERN WATERFRONT WHEREAS, the northern waterfront of the city of Alameda is experiencing land use changes as older and long term industrial uses terminate operations; and WHEREAS, many of these former industrial uses have left behind contaminated sites, hazardous materials, and vacant and often dilapidated buildings which are a detriment to the adjacent neighborhoods; and WHEREAS, the General Plan provides a roadmap for conversion of these properties on the northern waterfront to a new and vibrant district.with a variety of uses that are compatible with the waterfront location and adjacent neighborhoods; and WHEREAS, the General Plan establishes residential and public waterfront open space as priorities for the community along the northern waterfront; and WHEREAS, the policies to be amended were originally adopted in 1991 and at that time the community's priorities were to purchase 10 acres on the Northern Waterfront for an "estuary park and WHEREAS in 1991 the community assumed that the proposed 10 acre park acquisition was the "last opportunity" to add public open spac.e in. the area; and WHEREAS, in 1991 the community did not anticipate that the united States Navy would be leaving Naval Air station "NAS Alameda .and rovidin p g opportunities to develop over 150 acres of waterfront open space; and WHEREAS, in 1 991 the community did not anticipate that the Alameda Beltline Railroad would be leaving Alameda and leaving behind opportunities to develop over 20 acres of land for public park use; and WHEREAS, in 1991 the community did not anticipate that the city would develop a new two acre park along the waterfront as part of the "farina cove" project; and WHERAS, in 1991 the community did not anticipate that opportunities may arise to create a continuous waterfront public promenade and open space along the entire northern waterfront from the Fruitvale Bridge to the western tip of Alameda Point; and Resolution #0 -B (2) 10 -05 -10 WH EREAS The city of Alameda made a number of attempts to raise. funds to purchase the 10 acre "estuary park" envisioned in the 1991 General Plan but those attempts were not successful; and WHEREAS, in 2010 the city of Alameda's financial resources to purchase and maintain additional public open space is extremely limited; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Public Resources Code section 21000 et seq.; "CEQA and the State CEQA Guidelines (California Code of Regulations, Title 14, section 1 5000 e.t seq.), the City prepared and Environmental Impact Report "EIR evaluating the environmental impacts of the proposed General Plan Amendment and residential redevelopment of the site, which had been envisioned as a 10 -acre park; and WHEREAS, the Planning Board held a duly noticed public hearing on June 21 2010 to consider the Boatworks Residential Project EIR (State Clearinghouse No. 20091 02040) and the proposed General Plan Amendment; and WHEREAS, the subject property is located within the Business and Waterfront Improvement Project (B\NIP); and WHEREAS, the Planning Board has made the following finding: 1. The Planning Board has been ,advised that subject to meeting City standards and requirements, the proposed General Plan Amendment would substantially conform to the adopted Community Improvement Plan (CI for the Business and Waterfront Improvement Project (BWI.P), as proposed to be amended, and the General Plan policies incorporated by reference within the CIP; and WHEREAS, the Planning Board has made the following findings relative to the General Plan Amendment: 1. The proposed General Plan Amendment is consistent with the other policies and objectives of the General Plan. 2. The proposed General Plan amend me.ntwilI support the City's Housing Element and open Space Element policies and objectives. 3. The proposed General Plan amendments will have beneficial effects on the general welfare of the community because they will facilitate development of an underutilized site with residential and open space uses. Page 2 of 5 4. The proposed General Plan amendments are necessary to clarify City policy regarding investment in waterfront open space and enable the appropriate development and maintenance of property on the northern waterfront. 5. The proposed General Plan amendments are in the public interest because they support redevelopment of former industrial sites with open space and residential use. WHEREAS, after consideration of the Final EIR and the record of proceedings, the city council certified that the Boatworks Residential .Project EIR was prepared in compliance with GEQA, adopted Findings and. a Statement of Overriding considerations, and adopted a Mitigation Monitoring Program. NOW, THEREFORE, BE IT RESOLVED that the city council of.the City of Alameda hereby adopts the General Plan Amendments as shown in Exhibit A. Page 3 of 5 Exhibit A: The description of the MU -6 area in the Land Use Element shall be amended as follows: "MU-5 Northern Waterfront, Vviilow Street to Oak Street: The change anticipated in this segment provides an opportunity for Alameda to add highly desirable housing, stimulate improvement of housing east of Oak Street is currently zoned for commercial- industrial use, and to provide waterfront access and open s ace. Half of the north frontage of clement is occupied by the Na Reserve Training Center 1A1hKGh will r e main Other uses are steel fabricating, m ini- storage, a dredging equipment yard, and a boatyard. The four blocks on the south side of clement Avenue are. occupied by a boat storage building /yard, Thompson Field (Alameda High School athletic field adjoining IIIcKinley Park), a full block of housing, and a 5 acre site occupied by a die casting plant and an automobile service establishment." 2. Land use Policy 2.6.e shall be amended as follows: Willow Street to Oak Street (Northern Waterfront): Provide for redevelopment of existing industrial sites for up to 300 residential units, treating the area north of Clement Avenue as an extension of the residential neighborhood to the south. The proposed Business and Waterfront Improvement project would provide public actions to stimulate development of the site. 3. Land use Policy 2.6.f shall be amended as follows: 2.C.f lAhlin O --'61 tee (Northern Waterfront): create a continuous 340 -flout -wide 11 maFina green shoreline access pa* along the Estuary from the Miller 5weene y Bridge to the western tip of Alameda Point. 4. Land use Policy 2.6.j shall be deleted. r r .r 1 w I w i w r r w ..r r r r i r r i M #Ai Ai A w rriir r w w ww r r W w r w w w w w w w r w r w r r w w w r r r w w �r r �r w r w r w w w w w i t w w i r w w w w w w w w. w r r r s w s w r w w r w w r s r w w w w w r w r w r w 5. open Space Policy 6.1. a shall be amended as follows: 6 6. ©-r1 i ra_ nr�I rf S 80 G� n 10 mnrc5 a r r r w r w NOW w. r r WEI rr !�w w! j r! .w s w■ r i !#r A! i #++a i w r w r w WN w i i i r i y r A w w w w r w w r w w rr r w A NA w r w r r w a r r w w w.�r r a w �i w iw• A s r r w r r r r r aw w r w r r i rw w w i r r w r w w w r w r r r w w w jgw Page 4 of 5 S. 1. e Work with property owners Tidelands Lease holders the Army Cor s of Engineers BCDC the Coastal Conservancy, open space advocates non-profits, and a envies and to create a continuous shoreline access and park areas alon the northern waterfront, Policy 2.6. f calls for a continuous shoreline access along the Estuaa from the western ti of Alameda Point to the Miller Sweeney Brid e. Successful irn lementation will re wire that each new proLect approved on the waterfront provide 12ublic shoreline access irn rovemen that each new Tidelands Lease executed by the Cit y attempt to grovide for shoreline access and im rovements wherever gossible some uses such as industrial maritime uses rrra y not be able to allow public access aloe the entire length of their frontage for sa reasons that the Cit work closefy with the Army Corg of Engineers to public access on Afar Cor Lands, and that the CitZ identifZ critical shoreline pLo2e rties for ac uisition. Local funding sources could include income from leases of public pLqperty to ad acent rivate avvrrers.Iher 12 rovision of public access to the shoreline is infeasible lease payments could include an amount to be used to provide shoreline access at another location Page 5 of 5 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in a regular meeting assembled on the 21 st day of September, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS IN WITNESS, WHEREOF, l have hereunto set nay hand and affixed the seal of said city this 22nd day of September, 2010. Lara Weisiger, city Clerk City of Alameda CITY OF ALAMEDA ORDINANCE NO. New Series 0 U) Eli AMENDING ORDINANCE NO. 12771 N.S. TO REZONE PARCELS LOCATED AT 2229 THROUGH 2235 CLEMENT AVENUE, APNS 071-0289-05 AND 071-0290-01 FROM M-2, GENERAL INDUSTRIAL (MANUFACTURING) DISTRICT AND. R- 21PD (TWO FAMILY RESIDENCE PLANNED DEVELOPMENT DISTRICT) TO OPEN SPACE (0) AND R-21P D (TWO FAMILY Z- 0 RESIDENCE PLANNED DEVELOPMENT DISTRICT) BE IT ORDAINED b the Cit Council of the Cit of Alameda that: Section 1: Section 11-116 of Ordinance No. 1277, N.S. is hereb amended b reclassif all the real propert situated within. the Cit of Alameda, Count of Alameda, State of California, consistin of. 9. acres.and located at 2229 throu 2235 Clement Avenue, APN# 071-0289-05 ACID 071- 0290 -01, as shown on the attached Exhibit A. Section 2: The above amendment shall be known as and referenced to as Rezonin Amendment No. 212 to Ordinance No. 1277, N.S. Section 3: This Ordinance shall be in full force and effect from and after the expiration of thirt (30 da from the date of its final passa Presidin Officer of the Cit Council Attest.- Lara Weisi Cit Clerk Cit of Alameda Introduction of Ordinance #6-13 3 10-05-10 Exhibit A: Current Zoning '1' fir' r� r� O F x^ 1� 4 ¢y Proposed. Zoning pac y.,.:• '�:.j i:.,. a te' r l ar 1, the undersigned, hereby regularly adopted and passed by assembled on the day of AYES: NOBS: ABSENT: ABSTENTIONS: certify that the foregoing Ordinance was duly and Council of the City df Alameda in regular meeting 2010 by the following vote to wit: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of 2O 1 O. L.ara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. UPHOLDING THE PLANNING BOARD'S DECISION TO DENY THE BOATWORKS RESIDENTIAL PROJECT PLANNED DEVELOPMENT AND DESIGN REVIEW (PLN08 -0160) WHEREAS Robert McGillis and Phillip Banta of Banta Associates "applicants submitted an application, on behalf of the property owner, Francis Collins, requesting approval of a Zoning code Amendment, Planned Development Permit, and Design Review to construct 242 residential units, and a small boat marina on an approximately 9.5 -acre site consisting of two (2) parcels located at 2229 -2235 clement Avenue (the "Proposed Project and WHEREAS, the Proposed Project site is within the Specified Mixed Use -5 (MU -5) General Plan designation; and WHEREAS, approximately 4.48 acres of the site are located within the M -2, General Industrial (Manufacturing) Zoning District and approximately 5 acres of the site are located in the R -2 /PD, Two Family Residence /Planned .Development Combining Zoning Districts; and WHEREAS, the city of Alameda prepared an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act "CEQK), Public Resources code section 21 000 et seq., analyzing the significant effects .on. the environment of the Proposed Project and alternatives to the Proposed Project as required by CEQA; and WHEREAS, the alternatives to the Proposed Project analyzed in the.EIR include a Reduced Density Alternative consisting of approximately 175 residential units, internal circulation roadways and pedestrian paths, a small boat marina, and a wider waterfront esplanade than the Proposed Project, including two acres of public open space; and WHEREAS, the analysis of the 242 -unit Proposed Project. in .the ElR concludes that the Proposed Project would result in specific adverse impacts on public health and safety as described in the staff report and in the findings below; WHEREAS, the EIR for the project concludes that the 242 -unit .Proposed Project would result in significant unavoidable adverse effects on the environment `significant unavoidable impacts which include significant unavoidable impacts on air quality, significant unavoidable contributions to climate change, and significant unavoidable impacts on pedestrian and vehicular transportation and circulation, and WHEREAS, the EIR concludes that certain significant unavoidable impacts Resolution #6 -B (4) 10-05-10 of the Proposed Project could be substantially reduced, avoided or lessened by the Reduced Density Alternative; and WHEREAS, on April 26, 2010, the city of Alameda Planning Board held a public hearing on the Draft EI R; and WHEREAS, on May 24, 2010, the City of Alameda Planning .Board held a public hearing on the proposed project and the reduced density alternative; and WHEREAS, at public hearings on April 20, 2009 and May 24, 2010, Cllr. Banta addressed the Planning Board and stated .that .Mr. Banta and Mr. Collins believed that a red uced density alternative of approximately 1 7.5 to. 1 79 residential units, with two acres of open space, is a feasible alternative that could meet the project objectives; and WHEREAS, on May 24, 2010, Mr. Banta presented .to the Planning .Board and the Alameda community a proposal by Mr. Collins for a reduced density alternative of 179 residential units and two .acres of public open space; and WHEREAS, on June 21, 2010 Mr. Banta presented a. revised reduced density alternative acceptable to the property owner which included 182 residential 9 units and two acres of open space and the Planning Board's requested chan es to the roadway network; WHEREAS, CEQA allows the city of to reject a proposed project, especially if a. feasible alternative is available that meets all of the basic roject p J objectives; and WH EREAS, the property owner, the applicants, and .City staff have been working cooperatively over. the last two years to develop a feasible alternative to the 242 -unit Proposed. Project that would meet the project objectives and reduce the adverse impacts associated with the 242 -unit proposal; and WHEREAS, the Planning Board held a public hearing on this application on June 21, 2010, and has examined the administrative record of the .proeeedin g s, including but not limited to .pertinent maps, drawings, and documents; and WHEREAS, the Planning Board reviewed. the Final. ElR and has found that the El R was prepared in compliance with CEQA and that a reduced density alternative. would reduce the severity of .s everal significant unavoidable impacts, that a reduced density alternative is feasible,. a.nd that a reduced density alternative would meet the basic project objectives; and WHEREAS, the Planning Board reviewed and recommended to the city Council a General Plan Amendment and Zoning Amendment that support redevelopment of the site with a reduced density alternative; and 2 WHEREAS, the Planning Board held public hearings on April 26, 2010, May 24 2010, June 21, 2010, and on July 15, 2010 to review the project application (PLN08-160) and the design of a reduced density alternative; and WHEREAS, on July 16E 2010 the Planning Board unanimously denied proposed Planned Development and Design Review (PLN08-0160) 5 and WHEREAS, the Alameda Municipal code provides that decisions by the Planning Board may be appealed within 10 days of the date of a Planning Board decision; and WHEREAS, Mr. Greg Harper of Harper and Associates filed an appeal on July 21, 2010 appealing the Planning Board's action to deny the project; and WHEREAS, this Council held a de novo public hearing .on the proposed project at which all materials submitted and all comments. made by all parties, including staff, regarding this application were considered; and WHEREAS, the city council has made the following findings with respect to the use permit application: 1. Environmental Impact The Proposed Project (PLN08-.016O)woul.d result in significant unavoidable Impacts that cannot.b.e mntigated o.r. reduced to a less- than significant level without a reduction in the densityf the project. The Proposed Project would result in. significant unavoidable. impacts .to transportation, air quality, climate change, and historic resources. 2. Traffic and Pedestrian Safety. The Proposed Project would result in significant unavoidable impacts, to pedestrian and vehicular traffic and circulation. As described in the EIR, the Proposed Project would result in potential impacts to pedestrians and increased delays for pedestrian crossings. Requiring pedestrians to wait for extended.. periods to cross a street could result in pedestrians crossing streets with outthe benefit of stop lights (jaywalking), which can result in pedestrian /vehicular collisions. The reduced density alternative would reduce contributions to these traffic and circulation impacts, becauseit would :generate less vehicular traffic which would reduce the conflict with pedestrians (see.Impact 4.B -8). 3. Air Qualit and Climate Chan e: The Proposed Project, with its inadequate circulation pattern .and poor integration into .the existing street grid, as well as the number of dwelling units, would result in an increase in vehicle miles traveled (VMT) that would be greater than the rate of increase in population, which would be inconsistent with the Association of Bay Area Governments (ABAG) climate Action Plan. While the same is true for the reduced density alternative, the difference between increased VMT and 3 increased population would be reduced. With the foreseeable addition of future development in the vicinity, in conjunction with past and present development, the Proposed Project would result in significant cumulative air quality impacts and would make a .significant contribution to cumulative global climate change. The reduced density alternative would reduce contributions to air quality impacts and global climate .change, because it would generate less traffic and associated emissions of air pollutants. 4. Reduced Density Alternative: The. EIR identified a "reduced density alternative," which would substantially reduce, avoid, or lessen the. severity of the following significant and u.navoida.be.environmental impacts Impact 4.8.78 (Addition of Project Generated Traffic) would be. reduced from significant and unavoidable to .less- than significant Frith implementation of mitigation identified in the .EIR; Impact 4.8 -10. (Traffic at Park street and Clement Avenue [finder cumulative Baseline conditions} would be reduced from significant and unavoidable to less than significant with implementation of mitigation identified. ire. the EIR and Impact 4.8 -18 (cumulative Traffic on Park Street at the Park Street Bridged would be reduced from significant and. unavoidable .to less-than-significant. The reduced density alternative would reduce contributions tc the followin g biological resources .and water quality impacts because it does not in Ive constructing a marina in the Oakland. Estuary, as does the Proposed Project: Impact 4.F-1 (Possible Ta.ke..of P rote cfe Birds or Their Nests Impact 4.F-4 (Impacts to Special Status Fish Species Impact 4: F -5 (Possible Adverse Effect on Federally. Protected vletlands As evidenced by the work .completed over the last two years with the ap l p icants and owner, a reduced .density. alternative. is clearly feasible. and will meet the basic project objectives. As CEQA expressly acknowledges; tha Git as Y lead agency may deny the Proposed Project in favor of a feasible, environmentally superior alternative that also meets the basic project objectives (see, e.g., Public Resources code sections 21001, 21002.1 (b) 21004) 5. Site Plan Desi n and Emerg Vehicle Access: The Proposed Project is organized around an internal circular. alley "loop system. The Proposed Project's proposed internal circulation system is. a circular. internal lane System.that could be easily blocked by.an abandoned vehicle or illegally g Y parked vehicle. The..internal alley.is designed with.a 20 -foot cross section and only two ways in and out. Given the narrow width of the slle Y Y s stern, in order to enable cars and/or emergency vehicles to move through the development no parking .would be allowed on the alley "loop or on either of the two north /south internal alleys within the "loop." If a vehicle is parked illegally or abandoned on any leg of the loop, that leg would be effectively impassible. In the .event that the entrance on Clement Avenue and the entrance on Blanding flay were blocked, no emergency vehicles fire trucks, or ambulances would be able to access the majority of the 242 units 4 in the development, which could result in loss of life or personal safety. Likewise, in the event of a major fire, earthquake, or other natural disaster, disabled or abandoned cars could easily block the internal "loop" circulation system. If cars are abandoned on the internal system, emergency access and fire truck access to the certain homes could be blocked, which could result in the loss of life. The Proposed Project could result in significant adverse impacts to the public health safety and welfare. There is no feasible method to satisfactorily mitigate or avoid these impacts without rendering the development unaffordable to low- and moderate- income households. 6. Fire Safety: The project design could result in health and safety impacts in the event of a fire. The internal circulation system is in conflict with the California Fire Code (CFC). The CFC requires. a fire lane of 26 feet when buildings exceed 30 feet in height. Afire lane must be provided in the immediate vicinity of any building or portion of building more -than 30 feet (9144 mm) in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The proposed_ project proposes internal alleys for fire apparatus access that have a clear distance of 20 feet across. The buildings are three story buildings and exceed 30 feet in height. The substandard fire access lanes could result in the loss of life in the event of a fire. There is no feasible method to satisfactorily mitigate or avoid this impact without rendering the development unaffordable to low- and moderate income households. 7. o en S ace Design and Public Safet The open space a reas.and long narrow internal pedestrian corridors in the Proposed Project are inaccessible to emergency or security/police vehicles. The Alameda Police department will not be able to effectively patrol the internal paseo" areas or the public waterfront path. The alley.system effectively blocks the police department's ability to patrol the area visually from a. patr.el car. The Proposed Project contains afive -foot public path along the. waterfront that is completely obscured from public view, as described above Pedestrians on the waterfront path will be completely obscured from public view by a police patrol car. The proposed five -foot width does net meet the requirements for a Bay Tra i 1, nor does the open space meet the requirements of the Bay Plan as administered by the. Bay.Conservation and Development Commission. Although the plans show a Variety of other improvements between the path and the waters edge, those improvements are not on property owned by the applicant and the applicant has no means or ability to construct the improvements. The lands are .owned by the United states Array carp of Engineers, which has neither approved the plans nor approved submittal of an application to construct improvements on the lands. Currently, these lands are in a very dangerous condition and are off limits to the public. The current proposal to place the public adjacent to these dangerous conditions would result in significant safety hazards to the public. 8. Architectural Design: The plan proposes 242 single family homes. Although the homes would vary in size (i.e., in the amount of floor area), all 242 homes would be three stories in height with. almost identical architectural design, identical roof design and identical architectural features. The Proposed Project exhibits almost no architectural design variation, which will result in a visually unappealing project for.both visitors and potential buyers. 9. Parking Design: The Proposed Project includes 392 parking spaces, or 1.8 spaces per unit, and 51 communal, uncovered "guest" parking spaces for a total of 443 spaces. of the 51 "gu.est" parking spaces, 1.5:.cannot be accessed without the neighboring property granting an access easement. No such easement has been granted. No parking is provided for the proposed open space. WHEREAS, the City Council finds that the Project will result in significant unavoidable impacts; and WHEREAS, the City Council finds that an alternative project the reduced density alternative is a feasible alternative that meets the basic project objectives and will reduce the impacts of the Project; and WHEREAS, the City Council has reviewed the substance ofthe.appeal, the record of proceedings and the responses to.the appeal included in the staff report and the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby upholds the decision of the Planning Board and denies proposed Planned Development and Design Review (PLN08- 0160). 0 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the city of Alameda in a regular meeting assembled on the 21 st day of September, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said city this 22nd day of September, 2010. Lara Weisiger, City Clerk City of Alameda CITY of ALA ED Memorandum To: Honorable Mayor and Members of the City Council From: Ann Marie Gallant Interim City Manager Date: October 5, 2010 Re: Hold a Public Hearing to Consider Approval of Tentative Parcel leap No. 9870 (PLN09- 0185), for the Purpose of Splitting One Lot into Two Lots at 2318 Pacific Avenue BACKGROUND On May 19, 2009, the applicant submitted a Tentative Parcel Map application to subdivide an interior parcel with approximately 1 0,853 square feet into two. lots. The site is presently developed with a duplex located at the front of the site, which faces on Pacific Avenue. The Planning Board recommended this Tentative Parco ..Map to the City Council for approval on March 8, 2010. The property is located at 2318 Pacific Avenue in a mixed -use neighborhood. on a block that is zoned C -M, Commercial Manufacturing District. The property is occupied with a single building containing two units constructed in 1907. The parcel. is. less than half .a block from Park Street, The Jim's Coffee Shop parking lot is one parcel. removed from the site, and the property backs up to the Goodwill store on. Lincoln .Avenue. To the crest of the site, the remainder of the buildings facing Pacific include. a variety of residential and nonresidential uses, including the pet hospital at the 6orner.of Pacific and oak. The subject property is also located in the "North Park Street" area .that has been .the subject of recent planning efforts. In 2009, the City Council. endorsed a "vision" for the area and authorized preparation of a new form -based zoning code to guide future development within the area. The new zoning code for the .North Park Street area .still be presented to the Planning Board and community for initial review in November. DISCUSSION The existing lot is 10,853 square feet and fronts on Pacific Avenue.. The lot is 70 .feet pride and 150 feet deep. The applicant is proposing to split the lot into twe separate lots. The proposed parcels will :be 70 feet wide and have proposed depths of 84' and 80' respectively, which is in compliance with the development regulations for parcels in. the C -M district. City council Public Hearing Agenda item #C -c 10 -05 -10 Honorable Mayor and October 5, 2010 Members of the city council Page 2 of 4 The proposed front lot is approximately 5,853 square feet and contains the existing duplex structure. The proposed rear lot is 5,000 square feet and is undeveloped. Access to this rear parcel will be provided by a driveway and access easement across the front lot. Under the current c -M Zoning, the new rear lot could be developed with a variety of different uses, including residential, commercial or office. Pursuant to the C -M Zoning, any proposal for a single family home would require approval of a use permit and design review by the Planning Board. Although no plans have been submitted to develop the new lot, any future development plans for the site would be subject to the requirements of the C--M Zoning District and the city of Alameda design Review program to ensure that the use and scale of the improvements are compatible with the surrounding neighborhood. To ensure that new development in the North Park Street area is appropriate in scale, design, and intensity, the City has been preparing a new form -based code for this area that will replace current c -M zoning for this property. The form -based code will provide very clear and specific standards and requirements about the size, form and architectural design of new buildings in this area that are much more specific and clear than what is currently available under the c -M Zoning district. The content of the new code is specifically designed to ensure that new development exhibits an architectural design and scale that will contribute to, and benefit the surrounding community uses. Honorable Mayor and October 5, 2010 Members of the City Council Page 3 of 4 This proposal and past, similar proposals' to split parcels in to a "front" and "rear" parcel have raised the question as to whether the City of Alameda Subdivision Ordinance should be amended to prohibit the subdivision of properties in this manner in established residential neighborhoods. Although such subdivisions may be appropriate in commercial and mixed use neighborhoods, staff is preparing an analysis of the implications of these types of lot splits in residential neighborhoods for public, Planning Board and city Council consideration. Based upon that analysis, the Planning Board and the City council may consider prohibiting the creation of lots without street frontage in residential neighborhoods. staff plans to submit that analysis for Planning Board review. In summary, staff and the Planning Board are recommending approval of the proposed Tentative Parcel Map for the following reasons: The proposed map, as conditioned, is in compliance with the requirements of the subdivision ordinance. Under the zoning regulations, any development of the new rear parcel will be subject to design review and the use restrictions of the C -M Zoning District. (Any proposal for a single family home would also require a public hearing and use permit approval.) Depending on the timing of any future development of the site, the city should have a new form -based code adopted for the area, which will provide even greater development and design controls for new structures on this lot that will ensure compatibility with the surrounding mixed use neighborhood. FINANCIAL IMPACT The applicant has submitted an application fee which covers staff time, as well as time and material costs. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE [Municipal code standards prescribing Planning Board and city council action on Tentative Parcel [Daps are contained in the Alameda (Municipal code (AMC), Section 30-73.5 (Action on Tentative Map or Parcel (Map). AMC, Section 30-81 defines the process of filing and city council action regarding Final (Maps. ENVIRONMENTAL REVIEW The project is categorically Exempt from additional environmental review pursuant to CEQA Guidelines section 15315 Minor Land Divisions when the division is in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access conform to local standards. 1 A project on Briggs Street resulted in a large new home being built on the rear lot that neighbors viewed as non compatible with neighboring uses. Honorable Mayor and Members of the City council RECOMMENDATION October 5, 2010 Page 4of4• Hold a Public bearing and conditionally approve Tentative Parcel Map No. 9876 (Pile No. PLN09 -0185) for the subdivision of one lot into two lots on a site located at 2318 Pacific Avenue and find that the proposed parcel neap is consistent with the General Plan in that each of the newly created parcels is of sufficient size and width to accommodate future development in a manner consistent with the uses and site development standards of the underlying general plan and zoning designation. Exhibits: 1. Planning Board Resolution of Approval. 2. Tentative Map 9876 CITY OF ALAMEDA P BOARD RESOLUTION A RESOLUTION OF THE PLANNING BOARD OF THE CITE' OF ALAMED RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION No. PLN09 -0'188 --A PARCEL MAP FOR THE PROPOSED SUBDIVISION OF THE SITE AT 2818 PACIFIC AVENUE INTO TWO PARCELS WHEREAS, an application was submitted on May 19, 2009, by Italo Calpestri, requesting approval of a parcel reap to subdivide a 10,858.28 square foot parcel into two parcels of 5,858.28 and 5,000 square feet respectively; and WHEREAS, a minor design review application for 4 on -site parking spaces to accommordate the existing'duplex"on the proposed front lotwa's approved on Jul► 80, 2 00 9. WHEREAS, the parcel map application was accepted as complete on February 8, 2010; and WHEREAS, the project site is located within a C -M, Commercial Manufacturing District; and WHEREAS, the project site is designated Medium Density Residential on the General Plan Diagram; and WHEREAS, Planning Board held a public hearing on this application on larch 8, 2010; and WHEREAS, the Planning Board recommends approval of the Parcel Map to City Council and suggests the following finding to City Council: The City Council finds that the proposed parcel reap is consistent with the General Plan in that each of the newly created parcels is of sufficient size and width to accommodate future development in a manner consistent with the uses and site development standards of the underlying general plan and zoning designations. BE IT RESOLVED THAT, the project is Categorically Exempt from additional environmental review pursuant to California Environmental Quality Act Guidelines Section 15815 Minor Land Divisions. BE IT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereby recommends approval Planning Application Igo. PLN00 -0185, forthe subdivision of the site at 2818 Pacific Avenue into to two lots subject to compliance with the following conditions: 1 This approval shall expire and become void if a final subdivision reap is not filed with Page 1 of 4 City council Exhibit 1 to Public Hearing Agenda Item #6 -C Alameda County within six months after approval by City Council. (2) Parcel naps shall be prepared to the satisfaction of the City Engineer and City's consultant surveyor. (3) A drainage easement shall be provided along the easterly boundary line of Parcel 1 extending widthwise to westerly proposed private 1 o' wide ingress, e end utility easement and lengthwise from the northern boundary line of Parcel 1 to the common lot line of Parcel 1 and Parcel 2. (4) The owner's statement shall be amended to include a drainage easement for the benefit of Parcel 2 and the rights of the.owner of Parcel 2 for surface drsinage.ar d installation of underground storm drainage pipe and structures as needed over Parcel I within said drainage easement upon which no permanent structures ma be placed. (5) In accordance with section.66411.1 of the Subdivision Chap Act, requirements for construction of off site and on improvements shall be noticed by a statement on the parcel neap. Sheet I of the parcel map shall have a stateme reads: Re uirernents for on -site and off -site improvements in accordance with Section 66411 a of the subdivision lea a} Proposed improvements. for Parcel 1 and Parcel 2 have not been shown other than the four designated ..spaces for Parcel 1. prvl of the Parcel Map does not grant any approvals for construction. At the tim of rant g of approval for the development of these parcels any irnproverr en s to these parcels shall be designed by a licensed professional, go thrsul tl�es applicable entitlement and design review.appro a processes. A and all flies associated with City review and permitting process shall be paid. f6r by the owners b Proposed off -site improvements. shall include installation .of separate utility and sanitary suer laterals to Parcels I and 2 including reconstruction of curb, gutter, sidewalk, driveway, planter strips within the City rid ht .of way and reconstruction of street pavement due to the installation of th utili r and sower laterals. French reconstruction and reconstruction of any .sidewalk curb and gutter removed for installation of the utilities and suer lateral shell be to City of Alameda standards and to the satisfaction of the city Engineer, Communi Development Department and utility companies. All costs shell be. borne by the owner(s). C) Electrical utility lines to Parcel 2 shall be underground. (6) Parcel 1 has existing overhead electrical lines. The subdivider has not requested an exception to Section 30 84.7 of the. Alameda Municipal !code that all above ground utility facilities within the boundaries of the proposed subdivision or division Page 2 of 4 of land shall be placed, installed and maintained underground. Public Works has no objection to leaving these above ground at this time. 7) The subdivider shall post a refundable cashiers check in the amount of $400 to guarantee that a Mylar copy of the recorded Parcel Map is provided .to the Ci Engineer. (8) The subdivider shall pay for all reasonable office and engineering costs expended by the City Engineer's office, including overhead, in conjunction with. reviewing the Parcel Map and in obtaining the neap signature of the City's consulting surveyor. (g) The subdivider shall provide a Mylar copy of the recorded arcel ma to the p p Engineering Division after approval by the City Council. (10) HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the city indemnify, and hold harmless the City of Alameda, its.. Redevelopment Agency,. the. Alameda City Planning Board and their respective.agents offi �hd employees from any claim, action, or proceed (including. legal costs and attorney's fees) against the city of Alameda, Alameda Pede el o pment gency, Alameda City Planning Board and their respective agents, offi or employees to attack, set aside, void or annul, an approval by the City of Alameda, the. Plannin and Building Department, Alameda City Planning Board, the City. of Alameda Redevelopment Agency or City Council relating to this project. The �i� .sh 11 promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The. city m elect, in its sole discrOtion to par icipate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (go) days following the.dste of this decision plus extensions a uthorized by California Code of Civil Procedure. Section 1094. NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to .Government Cede Section. 66020 (d) (1 these Conditions constitute written notice of a statement of the .amount of such fees, and a descri0i€�ri of the dedications, reservations and exactions. The applicant is hereby further notified that the 90- day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government code Section 66020 (a) has begun. if the applicant fails to file a protest within this go day period complying with all requ rements. Section 66020, the applicant will be legally barred from later challenging such fees or exactions. The decision of the. Planning Board shall be final unless appealed to the City Council, in writing and within ten (1 0) days of the decision, by filing with the. Planning and Building Department a written notice of appeal stating the basis of appeal and payin g the required fees. 1, the undersigned, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the Planning Board of the City of Alameda during the Pa ge 3 of 4 Re Meetin of the Plannin Board on the 8th da of March, 2010, b the followin vote to wit: AYES: 5 Ezz Ashcraft, Autorino, Cunnin KohIstrand, and Zuppan NOES: (0) ABSENT: (2) Cook, and L ATTEST: N B i O on io a a 6. 1 Wetar ffe c 4r Cit of Alameda Plannin Board Pa 4 of 4 cr PARGELVAP 98 76 �0M i1 ��1 4 �`I A M OM,' 4 n r� ILI ,�j '�4`a a?� p c?�J tsr.,�c,, 55"Gn?a 7,�.�r t'; i6 REFERENCES MAj Off" T. it jt t'�z+ dr 1 F f7 att f11 4 �1 r� fifA fz U in S Z Gf�ktJ7 !7 Etta j 6 l RGE Ar4 EA. LEG ✓J C v t. a.31r V E L L. C} 20 is t L 9 A 2Y P nd C r. n PARS Bonn nth•: F v �'Cx1 kaC�f. 'ceaF c: 0AT 7�(zDi "'y Y. :f TfZe/5f fI/F7 1E: 1. CITY OF ALAMEDA RESOLUTION NO. APPROVING TENTATIVE PARCEL MAP NO. 9870 PLANNING APPLICATION NO. PLN09 0185 --A PARCEL MAP FOR THE PROPOSED SUBDIVISION OF THE SITE AT 2318 PACIFIC AVENUE INTO TWO PARCELS 0 WHEREAS., an application was submitted on May 19, 2009, by Italo Calpestri, requesting approval of a parcel neap to subdivide a 10,853 square foot parcel into two parcels of 5,853 and 5,000 square feet respectively; and WHEREAS a minordesi n reviewa application on -site parking s k 9 pp p 9 aces p to accommodate the existing duplex on the proposed front lot was approved on July 30, 2009; and WHEREAS, the parcel neap application was accepted as complete on February 3, 2010 and WHEREAS, the project site is located within a C -M, Commercial Manufacturing District; and WHEREAS, the project site is designated Medium Density Residential on the General Plan Diagram; and WHEREAS, the Planning Board held a public hearing on this application on Larch 8, 2010 and considered or examined all pertinent maps, drawings, documents and testimony and recommended approval of. the Tentative Parcel Map to the City Council; and WHEREAS, the City Council finds that the proposed parcel map is consistent with the General .Plan in that each of the newly created parcels is of sufficient size and width. to accommodate future development in a. manner consistent with the uses and site development standards of the underlying general plan and zoning designations. NOW, THEREFORE, BE IT RESOLVED that, the project is Categorically Exempt from additional .environmental review pursuant to California Environmental Quality Act Guidelines Section 15315 Minor Land Divisions. BE IT FURTHER RESOLVED that the City Council :approves Tentative Parcel Map No. 9876 (PLN09- 0185), for the subdivision of the site at 2318 Pacific Avenue into to two lots subject to compliance with the following conditions: Resolution #6 -C 10 -o5 -1Q (1) This approval shall expire and become void if a Final Parcel Map is not filed with Alameda County within 24 months after approval by City Council, or by October 5, 2012. (2) The Final Parcel Map shall include the sheet defined as the Tentative Parcel Map No. 9878, prepared by Andreas Deak, subrnitte.d.on .dune 17 2010, and on file in the office of the City of A amed Community Development Department, except as. modified by the conditions listed below. (3) The electrical utilities to Parcel 1 will be placed underground (4) The Final Parcel Map shall be prepared to the satisfaction of the City Engineer and City's consultant surveyor. (5) The subdivider shall post a refundable cashiers check in .the amount of $400to guarantee that a Mylar copy of .the recorded Parcel Map is provided to the City Engineer. (5) The subdivider shall pay for ail .reasonable office. and engineering costs expended by the City Engineer's office, including overhead, in conjunction with reviewing the Parcel Map and in obtaining the map signature. of .the City's consulting surveyor. (7) The subdivider shall arrange for a Title Company to record the Final Parcel Map. (8) The subd.ivider.shall provide a Nlylar copy of the recorded parcel reap to the Engineering Division after approval by the.City Council.. (9) HOLD .HARMLESS..The applicant. shall .d.efend with counsel .reasonably acceptable to the City indemnify, and hold harrnless the pity of alarreda, its Redevelopment Agency, the Alameda City Planning :Board. and their respective agents, officers, and employees from any claim, action, or proceeding (incl and attorney's f against the City. of Alameda, Alameda Redevelopment Agency, Alameda.City Planning Board and their. respective agents, officers or employees to attack, set aside; void or annul, an approval by the City of Alameda, the Planning .and .Building Department, Alameda City Planning Board, the City of Alarneda Redevelopment Agency or. City Council relating .to.this project. The. City shall promptly notify the applicant of. any claim, action .or proceeding and the City s.hal.l .cooperate in .such The .City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure section 1.094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure section 1094.0 NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within this 90 -day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda in a regular meeting assembled on the 5th day of October, 2010, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 6t� day of October, 2010. Lara Weisiger, city Clerk City of Alameda COUNCIL REFERRAL FORM (To be submitted to the City Clerk) Name of Council member requesting Referral: Frank ylatarrese Date of submission to city clerk (must be submitted before 5 :00 p.m. on the Monday before the week of the Council meeting requested s_. p Requested Council Meeting date to consider council Referral: Oct ober 5 2010 Brief description of the subject to be printed on the agenda, sufficient to inform the city council and public of the nature of the council Referral: This referral reauests the following City council consideration discussion and action related to calmin traffic an residential streets that have become overburdened used as "cut -throe hs" or experiencing other traffic problems, Proposed Action: Give direction to the City Manager to p ropo i se a solution for neighborhood streets which have become subject to sp eeding cars and heavy traffic due to motorists using these streets especial[V especial[ during commute hours. Notable examples are: Burbank /Portola streets for motorists tr in to avoid the signal at 8th and central Sherman Street between central and Buena vista Use of existing examples of traffic calmin Ba viewspeed hums etc as well as novel ideas should be considered after qathering data and testimony from Suggested Goals: (1 Address the example problem streets as a pilot {2) Establish a toolbox of solutions for managing traffic on residential streets (3) Set City Policy providinq residents a process for bring these issues light Council Referral #8 -A 10 -5-2010 CURRENT APPLICATIONS SOCIAL SERVICE HUMAN RELATIONS BOARD ONE VACANCY (Partial term expiring 6/30/13) Nayell Cepas Gloria Guerra Rebecca Folder Re: Agenda Item #9-A 1a -05 -10 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- SEPTEMBER 7 2010- -7:02 P.M. Mayor /Chair Johnson convened the meeting at 10.40 p.m. ROLL CALL Present: Councilmembers /Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor /Chair Johnson 5. Absent: None. Councilmember /Commissioner Tara left the dais at 10:40 p.m. and returned at 10.42 p. M. PROCLAMATIONS SPECIAL ORDERS O F TFIB DAY ANNOUNCIt ENTS -65 CIC Presentation on Facade Assistance Program for fiscal year 2009 -2010. The Development Coordinator gave a Power Point presentation. Chair Johnson stated the fagade grants make a big difference within the community; the before and after pictures are unbelievable; that she wishes more money could be found for the Program. Commissioner Gilmore stated a lot of work has been done on Park street and Webster Street; a critical mass has now been reached and the faces of the streets are changing. Speakers; Jon Spangler, Alameda; and Robb Ratto, Park street Business Association. Commissioner deHaan stated the Facade Assistance Program has been extremely successful; involving new proprietors in the beginning is very important. KAIN1[ TP'-q (10-429 CC/10 -66 CIC) Minutes of the Joint city Council, Alameda Reuse and Redevelopment Authority, and Community Improvement commission Meetings held on July 20, 2010, and July 27, 2010. Approved. Vice Mayor/Commissioner deHaan moved approval of the minutes. Councilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote 6. Special Joint fleeting Alameda City council and Community Improvement Commission September 7, 2010 AGENDA ITEMS -430 CC Recommendation to Authorize the Community Improvement Commission of the City of Alameda to Enter into an Exclusive Negotiation Agreement (ENA) with. Warmington Residential for Redevelopment of the City's Corporation Yard Located at 1616 Fortmann Way and the City's Animal Shelter Located at 1690 Fortmann Way, and -67 CIC Recommendation to Approve an Exclusive Negotiation Agreement by and between the Community Improvement Commission and Warmington Residential for Redevelopment of the City's Corporation Yard Located at 1616 Fortmann Wa y and the City's Animal shelter Located at 1590 Fortmann Way. The Deputy City Manager Economic Development gave a brief presentation. Mayor /Chair Johnson stated the project is small; inquired why the initial term of the ENA would be eighteen months. The Deputy City Manager Economic Development responded the tirneframe is more of an issue with the City developing a relocation study and is more for the City's benefit. Mayor /Chair Johnson inquired what has been learned from the SunCal ENA. The Deputy City Manager Economic Development responded the City has standard and good faith provisions and termination dates in all ENAs; stated the project is for two acres and up to twenty -seven units; the ENA is simple and straight forward. Mayor /Chair Johnson stated no developer is perfect, but no developer is like SunCal; the City's relationship with SunCal totally broke down; inquired whether assurances are in place to avoid a similar breakdown with Warmington Residential. The Deputy City Manager Economic Development responded Warmington Residential has a proven track record in the City and is moving forward in very difficult economic times; stated staff feels comfortable with Warmington Residential. The Interim Executive Director stated staff needs to assess whether moving the two facilities [Corporation Yard and Animal shelter] is feasible for the City; the ENA is not as complex as the SunCAI ENA. Commissioner Gilmore inquired whether the CIC budget includes $100,000 that would be needed to reimburse Warmington Residential for geotechnical and environmental testing if the project does not go through. The Interim Executive Director responded in the affirmative; stated every year, a small amount is budgeted for studies. Commissioner Gilmore inquired whether the project would be subject to affordable Special Joint Meeting Alameda City Council and Community 2 Improvement Commission September 7, 2010 housing requirements, to which the Deputy City Manager Economic Development responded in the affirmative. Commissioner deHaan stated his concern is the Corporation Yard and Animal Shelter relocation; the Animal Shelter relocation would cost between $1.2 million and $3 million; the Corporation Yard relocation would be approximately $2 million; inquired where funding would come from. The Deputy City Manager Economic Development responded $376,000 is budgeted for a relocation study; stated a process would be needed to outline how the City would successfully relocate and construct the facilities. The Interim Executive Director stated costs would not be known until studies are completed; the City has real estate assets that are not used to the highest, best use; conversations need to address the fact that the Animal Shelter needs to move and the Corporate Yard location is not logical; that she has some financing ideas. Chair Johnson stated the entire northern waterfront is blighted; public waterway access has been Very limited. Speaker Andy (McKinley, Grand Marina and Alameda resident. Chair Johnson inquired whether IMr..McKinley is using other property to satisfy parking requirements for his property. Mr. (McKinley responded right now, the parking problem has no solution; stated that he is proposing everything west of the northern extension of Paru Street be excluded. Commissioner Matarrese stated the Corporation Yard and Animal Shelter need to be relocated; the area is complex; that he is not sure the ENA is the solution; that he .sees a couple of incompatibilities: the area has a full service marina and shops in the Alaska Packard Building, which needs repair and investment; parking needed to maintain the shops is being eaten up by development; the Boat Yard generates noise; having houses next to a boat yard would result in a collision; mixed use sounds great in an urban planning textbook, but somebody is going to lose at some point; the ENA could be a tool to see what is feasible and practical; his yardstick would measure whether a true mixed use development would work. The Interim Executive Director inquired whether the waterfront plan states mixed use. The Deputy City Manager Economic Development responded mixed use is noted in the General Plan; stated the property is zoned residential. Chair Johnson stated staff ought to take another look at the zoning; the issue is similar to the Catellus project. Special Joint [Meeting Alameda City Council and Community 3 Improvement commission September 7, 2010 Commissioner deHaan stated that he agrees; perhaps some retail would be needed instead of ship operations; that he would like to look at the matter and flush out the $3'0,000 relocation study. The Deputy City Manager Economic Development stated the proposed use could be compatible with residential. Commissioner deHaan inquired what options have been reviewed for the Alaska Packard Building. The Deputy City Manager Economic Development responded the Tidelands Trust limits uses to maritime, visitor, retail, and restaurants. Chair Johnson stated the Alaska Packard Building should be considered in the plans for the site. The Interim Executive Director stated a parallel track could be initiated with the ENA; staff could come back with two proposals. The Deputy City Manager Economic Development stated the relocation study should be done at the same time also. Mr. McKinley stated Warmington Residential gave the City $100,000 to build a new facility when property was swapped. Commissioner Gilmore stated that she is intrigued with the proposal, which should be reviewed; she would be more comfortable seeing more information on the Alaska Packard Building before acting on an ENA; .she would hate to get into a situation where one problem is solved by moving the. Corporation Ward and Animal Shelter and revitalizing the property only to cause difficulty for the Alaska Packard Building, which is a City asset with restricted uses because of the Tidelands Trust; the upkeep [Alaska Packard Building] would fall on the City by not allowing a developer to develop the project in a financially feasible manner. Commissioner deHaan stated looking at the Corporation 'Ward and Animal Shelter construction costs. is important; funding streams need to be known; the worst thing would be to get half way through the process and not have funding; that he would like to have the matter flushed out. Chair Johnson stated that she agrees with Commissioner deHaan; the purpose of bringing the matter before the Commission tonight is to start looking at the issues. Commissioner Matarrese stated that he has no problem with starting the ENA with war mington Residential; an ENA would not allow negotiations with anyone else on the Special Joint Meeting Alameda City Council and Community 4 Improvement Commission September 7, 2010 residential portion of the project; that he does not want to go eighteen months and then have the administrative ability to go three more months; things need to be brought back regarding the Alaska Packard Building; a guide of the ENA should be to protect the Alaska Packard Building as a City asset to ensure that there would not be future incompatibilities with a working boat yard and adjacent residences; a project labor agreement would be needed; zoning should be reviewed to ensure compatibility; said issues should be spelled out as ENA conditions. Commissioner Tarn stated tonight, she is not ready to craft a motion to enter into an ENA; that she is does not have the same level of comfort as her colleagues without a comprehensive review of relocation plans and financing; the Animal shelter is a very sensitive, emotional issue in the community; public comment is needed before she is comfortable with moving forward. Commissioner Gilmore inquired what would be the timeframe for bringing the matter back; further inquired whether relocation sites and costs could not be started. The Deputy City Manager Economic Development responded the contract to do so [relocation study] is separate. Commissioner Gilmore stated she would like to move forward with looking at relocation sites and costs. The Deputy City Manager Economic Development stated the review would take eight months to a year. Commissioner Gilmore stated coming back with an [revised] ENA would not take eight months to a year. The Deputy City Manager Economic Development inquired whether Council would like staff to come back [with the ENA] in twelve months. Chair Johnson stated staff should get started on the relocation part. Commissioner Tam stated certain things need to be nailed down; that she does not know hove long it would take to nail things down; the public process needs to be transparent. The Deputy City Manager Economic Development inquired whether the Commission wants the relocation study started or completed [before entering into the ENA]. The Interim Executive Director stated that she recommends a parallel track; a complete relocation analysis and study with a consultant would take several months. Chair Johnson stated that she likes an almost parallel track, suggested getting started Special Joint Meeting Alameda City Council and Community 5 Improvement Commission September 7, 2010 on the relocation part. The Deputy City Manager Economic Development stated some Commissioners want to know the financial aspects, which would be pretty far along in the study. Commissioner Tarp inquired whether knowing how much the land would sell for would be important. The Deputy City Manager Economic Development responded what the land is worth versus relocation costs are two separate issues. CouncilmemberfCommissioner Tara left the dais at 11:47 p.m. and returned at 11:50 p.m. Commissioner deHaan stated a lot of loose ends exist; that he does not think the Commission is ready to go forward; costs could be calculated on the back of a napkin; the ENA does not have to be done immediately. The Deputy City Manager Economic Development stated concrete answers would not be known until the relocation study is done. Commissioner deHaan inquired ghat would be the square footage of the Animal Shelter, to which the Deputy City Manager Economic Development responded staff would hire someone to answer said question. Commissioner Matarrese stated the idea of the ENA would be to sit down with Warmington Residential to see their valuations and what they can do to build houses in the area; the output would be a Development Agreement.(DA the DA would need to be compatible with uses, including the Alaska Packard Building, and would have to account for relocating two City operations; moved approval of directing the Interim Executive Director to come back with an updated ENA for the Commission to discuss, to define a tirneframe in the ENA, for the CIC and Warmington Residential that would point to the parallel work that has to be done exclusively, including existing operations around the Alaska Packard Building, and to look at other rules and benefits for the City, including a labor agreement, appropriate zoning, and all public hearings necessary to ensure that the public knows the intent and milestones in between. (10 -431 CC/10 -68 CIC) Councilmember /Commissioner Matarrese moved approval of continuing past 12:00 midnight. Vice Mayor/Commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. Special Joint Meeting Alameda City Council and Community 6 Improvement Commission September 7, 2010 Commissioner deHaan stated the Commission is not asking for a lot of detail; other elements need to be considered in order to be successful. Chair Johnson stated the Animal Shelter would be better off in another location. The Interim Executive Director stated that she has recommendations on where the Corporation Yard and Animal Shelter could go; this year's budget has funds for a very extensive feasibility analysis for rebuilding, constructing, and relocating the Corporation `hard and Animal Shelter; the process should not be started. until the CIC knows what the property can be sold for in order to put snore cash into the deal; the Commission's comments and Commissioner Matarrese's amendments to the ENA have seven different components which would be put into. the NA; .staff would come back regarding getting consultants on board to start the feasibility analysis; the CI.0 does not have the cash or funds to buy property and. build something; .the .cost estimate would be based on the type of building and landscape, as well as. the physical relocation cost; staff has other recommendations for the Commission. irk te.rm of what could happen with Alameda Municipal Power; through an asset management strategy, the CIC could have more than enough to pay for the Animal Shelter. and approximately 50% to pay for the Corporation Yard; a deal might be able to be struck in a DA to offset costs; the situation is sequential. Chair Johnson stated ensuring a benefit to the City is important in terms of the economy of scale. Commissioner Gilmore inquired whether a. bunch of dominos need to fall in order to finance the Corporation 'Yard and Animal .Shelter relocation; stated the Commission has a sense .of unease because the Interim Executive Director has a clear idea of where to move the Corporation 'Yard and costs; that she is not privy to the information. The Interim Executive Director stated that she needs to have some discussion regarding selling the property in order to validate numbers and theories; the cart is before the horse. Commissioner Gilmore stated Commissioner deHaan is asking for ballpark figures. Commissioner deHaan inquired how much two acres is worth to uiWarrnington Residential. Michael McClellan, Warmington Residential, responded that he does not know until preliminary testing is done. Commissioner deHaan inquired how much two clean acres would be worth. Special Joint [Meeting Alameda City Council and Community 7 Improvement Commission September 7, 2010 Mr. McClellan responded approximately 20% of land value; stated the issue is that the property is small, irregular, and under bay mud; that he spoke to Pennzoil about the plume; a lot of work has been done; Warrnington Residential would test in proper places and provide information on the land value; Warmington Residential expects zoning issues to be resolved and is very excited to be part of the project. The Deputy City Manager Economic Development reiterated that the motion is to bring back an updated ENA that specifically contemplates parallel work related to the Grand Marina Lease, which would include what would happen with the reuse of the Alaska Packard Building relocation as well as the Corporation Yard and Animal Shelter relocation process and other rules regarding zoning, a labor agreement, and plumes future environmental compatibility. The City Clerk stated the motion includes compatibility with other uses and sufficient public hearings in order to address community needs. Commissioner Gilmore inquired whether direction would be given to staff to start on relocation issues right away, to which the Deputy City Manager Economic Development stated money has already been budgeted to start the process. `ice Mayor /Commissioner deHaan seconded the motion, which carried by unanimous voice vote 5. Chair Johnson stated that she looks forward to having the Animal Shelter relocated; the Shelter is not optimal for the animals; she wants a better facility. Commissioner Tara stated Mount Trashmore is not the right place. Commissioner del laan stated past discussions have included taking in other districts to make the Animal Shelter profitable. The Interim Executive Director stated staff has looked at other options, including doing what Berkeley has done. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the meeting at 12:03 a. M. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC Special Joint Meeting Alameda City Council and Community 3 Improvement Commission September 7, 2010 The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission September 7, 2010 The staff report for Joint Item #2 -B is included in the packet under Agenda Item #6 -B Re: Joint #2 -B 10 -05 -10 CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the city council Honorable chair and Members of the Community Improvement Commission Honorable Chair and Members of the Alameda Reuse and Redevelopment Agency From: Ann Marie Gallant Interim city Manager /interim Executive Director Date: October 5, 2010 Re: Receive a Report on the Status of America's Cup 34 BACKGROUND On March 2, 2010 the Alameda city council approved a letter to the Golden Gate Yacht Club, oracle chief Larry Ellison, and the city of San Francisco, pledging support for America's Cup 34 (AC34) in San Francisco, and offering to partner in any effort to bring the event to the San Francisco Bay. DISCUSSION Since that tine, the city of Alameda has established contacts with, and extended an offer of assistance to, the San Francisco Mayor's office and BMW oracle Racing, who are engaged in preparation of a formal bid for the race, due by the end of September 2010. The race, now determined to be set for 2013 to avoid conflict with the World Cup in 2014, will be held in San Francisco, Spain or Italy. The San Francisco proposal includes offering future development rights to Piers 30 -32 and Pier 50 in exchange for race organizers paying $100 million to stabilize them. San Francisco has outlined a way to ensure that race approvals and work can be completed in time for a 2013 race. Race aficionados claim the new race guidelines will make it "the X- Games of boat racing" The vessels specified in newly released race guidelines require competitors to race brand -new, specially designed catamarans that are going to be tilted up on the side, with crew members hanging off as close as 50 feet from Alcatraz and Crissy Field, if San Francisco is successful. Alameda and other Bay Area cities anticipate collateral business activity and events throughout the Bay Area. Upon the approval of the city of Alameda's support letter on CCfARCC Agenda Item ##3-A Honorable Mayor and Members of the City Council Honorable Chair and Members of the CIC and ARRA October 5, 2010 Page 2 of 2 March 2, all Alameda area marinas and water- related industries were emailed a copy of the City's letter to Ellison, the Golden Cate Yacht Club, and the City of San Francisco. The City of Alameda's effort was joined by local enthusiasts, and the City has received invaluable assistance learning abut and navigating the America's Cup "world" with help from experts in the local industry and other Alameda residents. one such effort is the AmericasCupAlarneda.com website, created by Jack Boger of super Clean Web Design Services. The website was created to showcase Alameda's assets as an America's Cup partner location, as well as provide information to the local and international community about America's Cup decision making and related events. The City partnered with AmericasCupAlameda.com to have a business directory of the area's marine interests displayed on the website as well. Staff continues to communicate with the City of San Francisco and is prepared to respond to planning, staging and development support needs. The critical path for the final site decision is early December 2010. Receive a report on the status of America's Cup 34. LAL mk CITY of ALAMEDA Memorandum To: Honorable Mayor and Members of the City council Honorable chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim city Manager /Executive Director Date: October 5, 2010 Re: Adopt Resolutions Approving and Authorizing Execution of the Ferry Service Operations Transfer Agreement BACKGROUND In 2007, the California Legislature passed Senate Bill (SB) 976 creating the San Francisco Bay Area water Emergency Transportation Authority (W.ETA).. SB 976 required WETA to consolidate the City of Vallejo and the City of Alameda'.s. ferry services under WETA administration and operating control. The legislation :as .amendod (2008, SB 1093) requires that WETA, no later than July 1, 2009, adopt .a ferry Transition Plan detailing how WETA will administer, operate, and fund the three fer ry service, Vallejo BayLink, Alameda /Oakland Ferry Service (AOFS), and Ala.m ed Harbor Bay Ferry (AH BF), during the initial five -year post transfer period. The.. legislation also requires WETA and the cities to reach an agreement on the terms and cond.iti.ons for the transfer and lease of any City assets including boats and ferry terminals. prior to the transfer. DISCUSSION The city and WETA staff has reached an agreement on the terms for the transfer of the City's ferry services to WETA. If approved by the city council, the transfer will take place in early 2011. The agreement includes the following terms. 1. Ferry Administration and operation: The city will transfer to .WETA the administration and operation of both the AOFS and the AHBF. The transfer will include the assignment to WETA of all ferry- related contracts including the Blue Gold Fleet and Harbor Bay Maritime operating contracts. 2. Disposition of Ferry Assets: a. city -Owned Vessels The city will transfer to WETA title to and City equity y q y interest in the four city -owned boats (the Encinal, Express II, Bay Breeze, CC /ARFCCIC Agenda Item ##4 -A 10 -05 -10 Honorable Mayor and Members of the City Council October 5, 2010 Page 2 of 5 and the Peralta). WETA will accept the vessels on a "where is as is" basis. 'META will negotiate with the Port of Oakland (Port) for the transfer of the Port's equity interest in the Peralta and Encinal. b. Ferry Terminals The city will transfer ownership of all waterside equipment to WETA, but will retain ownership of the landside facilities. Specifically: i. Waterside Facilities WETA will take ownership of all facilities and equipment on the waterside of the terminal passenger gates including passenger ramps, gangways, piles, and the float at the Harbor Bay ferry terminal. WETA will purchase the Main Street terminal float from the Alameda Reuse and Redevelopment Authority (ARRA) for $90,000. ii. Landside facilities The city will retain ownership of all landside facilities including restrooms, parking lots, lights, and landscaping. WETA will reimburse the city on an ongoing basis for all landside terminal maintenance, repair, insurance, City staff, and capital costs. 3. Service Levels: a. WETA shall operate the AOFS and AHBF at current FY10 -11 service levels providing that revenue meets or exceeds operating costs. In the event of a budget shortfall, WETA will consider all available alternatives to service reductions including seeking additional funding, a fare increase, and operating expense reductions. If WETA anticipates reducing service levels, WETA shall hold a public meeting in Alameda to explain the situation and meet with the City to consider alternatives to service reductions. 4. Funding Principles: a. city shall continue to contribute: i. Transportation Improvement Funds (TIF) at the FY10 -11 level of $500,000 per year for the AH B F. In the event that future TIF revenue is less than $500,000, city shall contribute the maximum amount available not to exceed $500,000. If there are competing project claims on the available TIF funding, the city shall give WETA ferry operating contribution priority claim on TIF funds. ii. Landscape and Lighting District (LLAD) 84 -2 funds at the FY10 -11 level of $78,200 per year for the maintenance of the Harbor Bay ferry terminal. iii. Every ten years, the city and WETA will meet to review the city's funding commitment to determine if the local commitment is still necessary in light of then current operating revenues and expenses. b. WETA shall dedicate: i. All existing Treasure B fund balances, as well as future Measure B monies, exclusively to operation, maintenance, and capital expenses of Honorable Mayor and Members of the City council October 5, 2910 Page 3of5 the Alameda ferry services. At WETA's sole discretion, WETA may substitute funding from other funds secured by WETA for.the Measure B funds so long as the substitute funding is in an amount equal to the Measure B funds provided by Alameda County Transportation Commission to WETA. ii. Regional Measure 1 (RM1) operating subsidies to the City's ferry services at a level that is at least equal to the percentage of R11f 1 funding that historically has been granted for this purpose. This percentage is approximately 51%, or $1,518,157 in FY10 -1.1. WETA may use alternative funding sources at the funding level required herein in place of RM 1. iii. Regional Measure 2 (RM2) operating subsidies for the ongoing operation of the AOFS and AHBF at a level no less than .3.9%. of the then current fiscal year AOFS operating budget. For FY10 -11, the $3.9% would total $181,989. 5. Additional WETA Requirements: WETA shall fund: a. Ongoing maintenance, rehabilitation, and.. /or purchase /replacement of Main Street and Harbor Bay ferry terminal floats, piles, and gangways as needed utilizing RM 1 -2% (restricted to capital projects), RM2, state., federal, or other funds secured by WETA for.this purpose. b. Ongoing maintenance, rehabilitation, and cyclic .replacement of cit yprovided ferry vessels, and assume associated existing and future grant. re.quire rents. C. Ongoing maintenance, rehabilitation, and /or replacement of Oakland float and gangway as needed utilizing RM1 -2% funds, RM2, state, federal, or :other funds secured by WETA for this purpose. 6. WETA shall: a. Provide access to additional vessels to support current and future service operations as needed. b. Participate in an alternative fuel pilot program if the city secures funding for the project. Project would involve the conversion of a ferry vessel to Liquefied Natural Gas (LNG). c. cooperate with city and AC Transit in efforts to provide the ongoing availability of bus transit to Alameda ferry terminals to coordinate bus scheduling with ferry service arrivals and departures. d. Employ Alameda Ferry Service Manager consistent with SB 976 requirements. e. Cooperate with city and ARRA on efforts to develop a ferry terminal and funding plan at the Seaplane Lagoon, if necessary for redevelopment of Alameda Point, that meets the needs of the city, ARRA, and WETA. Honorable Mayor and Members of the city council October 5, 2010 Page 4 of 5 f. Work with regional transit operating and planning agencies to explore the feasibility of establishing a fuel- purchasing consortium. g. Work to develop agreements with operators of connecting transit services to develop a system for providing transfers between the ferry services and other connecting transit services. h. Implement reasonable practices designed to measure and. assure customer satisfaction. Such practices may include establishing a ferry rider advisory committee to periodically review ridership, marketing, on -time performance, rider related service issues, any proposed fare or schedule changes, conducting periodic rider satisfaction surveys, and periodically analyzing the on -time performance of the ferries. WETA shall make the results of such reviews and analyses available to City upon request. i. Have the right to modify fares at its sole discretion. 7. Other Items addressed: a. Bay Ship and Yacht (BS&Y) operations at Main. Street: WETA will .not object to the use by BS &Y of Pier 5 for vessel layberthing as long as. BS &Y's .:Pier. operations do not hinder or delay ferry operations. Pier 5 is. the. area immediately crest of the Main .Stre.et ferry terminal. float.. If WETA moves Main Street ferry operations to the Seaplane Lagoon. and. if the. City wishes. to lease the Main Street ferry terminal.. waterside facilities to BS &Y, then BS &Y will provide to WETA a layberth space for. one vessel and, Jn the. event. of .an emergency, will provide.to WETA a suitable dock and passenger ramps. The. City's local contribution shall be. reduced by an. amount equal. to the fair market value of any free mooring space provided by BS.&Y to.WETA. b. Disposition of the crane.. located. adjacent to the Main.. S.tre.e.t F.e.rry Terminal: The City shall be responsible for the cost of removal or retrofitting of the crane. C. Parity Requirement With Future WETA/Vallejo Ferry Transfer Agreement: The agreement provides for an increase. in the fees paid. by. WETA. to the .City for Main Street and. Harbor Bay ferry terminal aocess, if the fees. paid. for system assets by WETA. to. the City of Vallejo are not commensurate. with those paid by WETA to the City. d. WETA's Future Funding :Commitments: If new ferry .transit funding sources become available to W ETA i n the future, W ETA ill eq u itab y al locate these funds among all WETA services including the AOFS and AH e. In the event that WETA decides that either or both the AOI=S and AHBF shall be suspended or eliminated for more than 180 days, the City and WETA shall negotiate to provide the City with the opportunity to reacquire the transferred assets and applicable funding sources. Honorable Mayor and October 5, 2010 Members of the City Council Page 5 of 5 f. Future Use of the Alain street Ferry Terminal: If in the future, WETA is no longer operating the ferry service between Main Street and San Francisco, the City has the right to terminate WETA's use of Main Street upon 90 day prior notice to WETA. A copy of the Ferry Service Operations Transfer Agreement is on file in the city Clerk's office. FINANCIAL IMPACT The city ferry services are budgeted under the capital Improvement Programs 621.20 and 021.10, with monies allocated through Measure B funds, RM 1, RM2, fareb.ox revenues, TI F, LLAD, and a contribution from the Port of Oakland and the Harbor. Bay Business Park Association. There is no impact to the General Fund associated. with ferry services operations. As part of the escrow process, the City.wi l transfer to WETA all fund ferry service fund balances. Upon transfer of the ferry services, the City nrill na longer collect any cost allocation fees charged to the ferry service accounts for information technology and City staff support services, which is estimated at approximately $40,000. MUNICIPAL CODEIPOLICY DOCUMENT CROSS REFERENCE The city's Ferry service is consistent with the General Plan Transportation Element Guiding Policy 4.3.f. and the Transportation and Land Use Initiative of the Local Action Plan for climate Protection. RECOMMENDATION Adopt resolutions approving and authorizing execution of the ferry service operations transfer agreement. Res p tF Ily submitted, Approved as to funds and account, Matthew T. Naclerio Fred Marsh Public Works Director Controller Exhibit: 1. Ferry Service Operations Transfer Agreement (on file in the City Clerk's office) cc: Ferry Watchdog Committee CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OF THE FERRY SERVICE OPERATIONS TRANSFER AGREEMENT E WHEREAS, the San Francisco Bay Area Water Emergency Transportation Authority (WETA) was established pursuant to California senate 0 Bill 976, as amended by senate Bill 1 093, codified :as the :San Francisco Bay Area Water Emergency Transportation Res g y onse.and Disaster Recovery Act California Government Code sections 66540 et. seq. (as so amended, Act) 0 which authorized the consolidation of San Francisco re g Tonal fer ry services; and :r WHEREAS, the Act authorized implementation. of the transition of the Alameda /Oakland Ferry Service and the Alameda /Harb.or Bay Ferry service from the City of Alameda (City) to WETA through the transfer and lease (or alternative property rights transfer arrangements) to .ETA. of City's assets used in operating the Alameda /Oakland Ferry Service and. the Alameda /Harbor Bay Ferry Service (Transition); and WHEREAS, in furtherance of the Transition, WETA approved a Transition Plan in June 2909, which received input frorn City and other relevant agencies; and WHEREAS, since adoption of.the Transition Plan, WETA and City have negotiated cooperatively towards refining the terms, conditions, and covenants of an agreement to provide for the Transition in. order tea provide for the direct transfer of certain personal property and. assignment of certain rights and obligations from City and the Alameda R to WETA; and WHEREAS, in furtherance. of City's and WETA's mutual desire to enhance 1111ETA's ability to continue to provide high quality ferry service for the benefit of the citizens of and visitors to City and the region, the City and WETA have prepared and the .City wishes to eater into a Ferry service operations Transfer Agreeme nt substantially in the fora on file with the City Clerk's office and incorporated :herein (Agreement); and. WHEREAS, the Ag reernent is an activity covered by the. general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a. significant effect on the environment and therefore, is exempt from CEQA pursuant to section 1 5o61 (b)(3) of .the CEQA Guidelines. Resolution #4 -A Joint CC ARRA CIC Itg 10 -05 -10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES RESOLVE AS FOLLOWS: Section 1. The City Council hereby approves and authorizes the Interim City Manager to further negotiate and execute a Ferry Service Operations Transfer Agreement substantially in the form on file with the city Clerk's office and incorporated herein (Agreement), subject to such clarifying changes and additions approved by the Interim City Manager and city Attorney, including any changes or additions to schedules, exhibits and attachments thereto, determined by the Interim city Manager and City Attorney to be consistent with the Transition Plan and the form of Agreement on file with the City Clerk and, following full execution of the Agreement, to execute such further documents and take such further actions as may be necessary to consummate the transaction contemplated by the Agreement. Section 2. Upon execution of the Agreement, the City Clerk of the City of Alameda is hereby directed to file a Notice of Exemption with the county Clerk of the county of Alameda pursuant to the provisions of section 15062 of the CEOA Guidelines. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the city of Alameda in a regular meeting assembled on the 5th day of October, 2010, by tie following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of October, 2010. Lara Weisiger, city Clerk City of Alameda ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OFTHE FERRY SERVICE OPERATIONS TRANSFER AGREEMENT t, C WHEREAS, the San Francisco Bay Area Water Emergency 4. Transportation Authority (WETA) was established pursuant to California Senate Bill 970, as amended by Senate Bill 1093, codified as the San Francisco Bay Area Water Emergency Transportation Response and Disaster Recover 9 y P p y A California Government Code sections 00540 et. se II as so .amended Act which r authorized the consolidation of San Francisco re ional fer services; 9 ry and WHEREAS, the Act authorized implementation of the. transition of the AlamedalOakland Ferry Service and the Alameda /Harbor Bay. Ferry Service from the City of Alameda (City) to WETA through the transfer and lease (or alternative property rights transfer arrangements) to WETA of City's assets used in operating the Alameda /Oakland Ferry Service and the Alameda /Harbor Bay Ferry Service (Transition); and WHEREAS, in furtherance of the Transition, WETA approved a Transition Plan in June 2009, which received input from City and other relevant-agencies; and WHEREAS, since adoption of the Transition Plan, WETA and City have negotiated cooperatively towards refining the terms, conditions, and covenants of an agreement to provide for the Transition in order to provide fear the direct transfer of certain personal property. and assig of certain rights and obligations from City and the Alameda Reuse. and .Redevelopment Authorit y (ARRA) to WETA; and. WHEREAS, in furtherance of City's and WETA's .mutual desire. to enhance WETA's ability to continue to provide high quality ferry service for the benefit of the citizens of and visitors to City and the region, .the City and WETA have prepared and the City wishes to enter into a Ferry Service Operations Transfer Agreement substantially in the form on file with the secretary and incorporated herein (Agreement); and WHEREAS, the Agreement is an activity .covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment and, therefore, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE, THE GOVERNING BOARD DOES RESOLVE AS FOLLOWS: Section 1 The Governing Board hereby approves and authorizes the Interim Executive Director to further negotiate and execute a Ferry service Operations Transfer Agreement (Agreement), subject to such clarifying changes and additions approved by the Interim Executive Director and General Counsel, including any changes or additions to schedules, exhibits and attachments thereto, determined by the Interim Executive Director and General Counsel to be consistent with the Transition Plan and the form of Agreement on file in the City Clerk's office. Section 2. Upon execution of the Agreement, the secretary of the ARRA is hereby directed to file a Notice of Exemption with the County Clerk of the County of Alameda pursuant to the provisions of section 16062 of the CEQA Guidelines. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Governing Board during the Regular Meeting of the ARRA on the 5th day of October, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set ray hand and affixed the official seal of said City this 6th day of October, 2010. Irma Glidden, secretary Alameda Reuse and Redevelopment Authority