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2006-08-02 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, August 2, 2006 Meeting will begin at 7:00 p.m. 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 Board or a member of the public. 2 -A. Approval of the minutes of the Regular Meeting of July 5, 2006. 2 -B. Recommendation to Approve Sublease at Alameda Point. 3. REGULAR AGENDA ITEMS 3 -A. Approve a Resolution Adopting Findings and Mitigation Monitoring and Reporting Program for Certification of Golf Course EIR. 4. ORAL REPORTS 4 -A. Oral report from Member Matarrese, RAB representative. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT This meeting will be cablecast live on channel 15. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 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 enlarged print. ■ Audio tapes of the meeting are available for review at the ARRA offices upon request. APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday. July 5, 2006 The meeting convened at 7:50 p.m. with Chair Johnson presiding. Member Gilmore lead the Pledge of Allegiance. 1. ROLL CALL Present: Beverly Johnson, Chair of Alameda Doug deHaan, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Marie Gilmore, Boardmember, City of Alameda Tony Daysog, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the Regular Meeting of June 7, 2006. 2 -B. Recommendation to Approve Subleases at Alameda Point. Approval of the consent calendar was motioned by Member Matarrese, seconded by Member deHaan and passed by the following voice vote: Ayes — 5; Noes — 0; Abstentions — 0. 3. REGULAR AGENDA ITEMS None. 4. ORAL REPORTS 4 -A. Oral report from Member Matarrese, RAB representative. Member Matarrese did not have a report. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) There were no speaker slips. 6. COMMUNICATIONS FROM THE GOVERNING BODY None. 7. ADJOURNMENT Meeting was adjourned at 7:52 p.m. Respectfully submitted, Irma Glidden ARRA Secretary Alameda Reuse and Redevelopment Authority Interoffice Memorandum August 2, 2006 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: Debra Kurita, Executive Director SUBJ: Recommendation to Approve Sublease at Alameda Point Background At the December 2004 ARRA Board Meeting, the ARRA elected to review and approve all subleases at Alameda Point. Discussion Attachment "A" describes the business terms for the proposed sublease. Fiscal Impact The rent for MARINE SANITATION is $5,724 annually or $0.47 per sq foot. This is a one -year lease renewal for Marine Sanitation in Building 611. The building is a `Butler" type building in marginal condition. Marine Sanitation will continue to use the space for office and minor repairs to boats used for their business. Recommendation Approve the proposed sublease. PB /SP/NB:dc Respect su 4 fitted, Les ie Little Development Services Director By: Nanette Ban "s Finance & Administration Manager Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority ATTACHMENT "A" PROPOSED SUBLEASE BUSINESS TERMS August 2, 2006 Page 2 TENANT BUILDING SIZE (SF) TERM RENT Marine Sanitation Bldg 611 1,000 12 months $477/mo. City of Alameda Alameda Reuse and Redevelopment Authority August 2, 2006 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Re: Debra Kurita Executive Director 3 -A Approve a Resolution Adopting Findings and Mitigation Monitoring and Reporting Program for Certification of Golf Course EIR BACKGROUND The ARRA Board certified the Alameda Point Golf Course EIR on June 7, 2006, and authorized staff to negotiate with the Port of Oakland for dredge materials to contour the site for a golf course. The EIR certification process requires that the ARRA Board approve a resolution adopting findings and a Mitigation Monitoring and Reporting Program for the Golf Course EIR. This resolution is attached for the ARRA Board's consideration. DISCUSSION The June 7, 2006 staff report (Attachment 1) describes the project and the EIR process to date. This staff report recaps the entitlements required and provides the findings of concern. Entitlements The project falls within the 100' shoreline band of Bay Conservation and Development Commission (BCDC) jurisdiction and thus requires a permit. Staff has completed pre- application review by the BCDC Design Review Board, which will allow the City to submit the application for full project approval by BCDC. The permit application cannot be considered by the BCDC Board until the project EIR is certified. Additional approvals will be required from the Regional Water Quality Control Board and the US Army Corps of Engineers for dredge material dewatering and construction adjacent to the Estuary. Planning Permits The General Plan designation for the site is Open Space. An amendment to the General Plan to designate the shoreline trail as the Bay Trail will be required. A use permit to operate the dewatering portion of the project is also required for the receipt of dredge materials. Future actions required: A re- zoning from the current M -2 -G (General Industrial (Manufacturing) with a Special Government Combining) to 0 (Open Space) zoning would be required for the development of the golf course and hotel facility; however, re- zoning would not be required for constructing the de- watering facility and stockpiling of dredge material. While a Honorable Chair and Members of Alameda Reuse and Redevelopment Authority August 2, 2006 Page 2 golf course is a permitted use in the 0 District, the concessionaire activities (clubhouse, etc.) require a Conditional Use Permit, as would the hotel /conference facility. It is anticipated that rezoning for the golf course project will be part of the Alameda Point entitlement process. Design Review is also required, but would be conducted at a later date. Significant Environmental Issues Evaluated in the EIR Table 2 -1 in the Draft EIR and Table 2 -1 contained in the Revisions to the DER summarize the environmental impacts of the project and indicate their relative levels of significance. The impact areas evaluated include visual resources, water resources, historic and cultural resources, biological resources, geology and soils, utilities, transportation and circulation, air quality, noise, hazardous materials, land use, and public services and recreation. Impacts in the following areas would be considered significant without the implementation of mitigation measures: visual resources, water resources, historic and cultural resources, biological resources, geology and soils, utilities, transportation and circulation, air quality, noise, and hazardous materials. Significant, Unavoidable Environmental Impact Identified by the EIR and Statement of Overriding Considerations Lead agencies are required to determine that any remaining significant effect found to be unavoidable is acceptable due to overriding concerns, such as benefits of the project, that outweigh the potential unavoidable environmental effects. With the application of mitigation measures, there will be one significant and unavoidable impact of the Project remaining, a cumulative impact to air quality identified in the EIR and the findings as: Impact CUM -AIR 2: Under City of Alameda General Plan Amendment (GPA) buildout, vehicular emissions of nitrogen oxides (NOx) are projected to exceed the BAAQMD 80 lb /day threshold. The increase in NOx emissions caused by additional automobile trips generated by GPA - related development would contribute to the formation of ozone levels and conflicts with the applicable Clean Air Plan (CAP). A statement of overriding considerations is included in the findings providing the reasons for accepting the significant unavoidable air quality impact, and finding that the benefits of the project, such as economic development, tourism attraction and provision of public open space, recreation and shoreline access, outweigh the potential adverse environmental effects. Alternatives to the Project An EIR must analyze a reasonable range of alternatives. The EIR examines the following three alternatives to the project: A. The No Project Alternative, which would entail no development on the Project site. B. The No Hotel Alternative, which proposes construction of the golf course facility and clubhouse, but no hotel or conference center. Honorable Chair and Members of Alameda Reuse and Redevelopment Authority August 2, 2006 Page 3 C. The Maximum Waterfront Access Alternative, which would locate the trail along the entire edge of the project site. Environmentally Superior Alternative CEQA requires the identification of an environmentally superior alternative other than the "No Project" alternative. Based on analysis in Chapter 6 of the DEIR, the No Hotel Alternative would be the environmentally superior alternative. FISCAL IMPACT There is no fiscal impact to certifying the golf course and hotel project EIR. With a certified EIR, staff can begin exploring the feasibility of accepting dredge materials in exchange for a tipping fee. The goal is to negotiate a tipping fee that covers the cost of handing the dredge materials and preparing the site for a future golf course. Any proposal to accept dredge materials in exchange for a tipping fee would first require approval of the ARRA Board. RECOMMENDATION Approve a resolution formalizing the ARRA Board's June 7, 2006 action certifying the Environmental Impact Report, adopting Findings and a Statement of Overriding Considerations, adopting mitigation measures, and adopting the Mitigation Monitoring Program. Attachments: Res. ° ctf submitted, Leslie Little Development Services Director By: D.ie tot `-r Base Reuse and Community Development Manager 1. June 7, 2006 Staff Report Re: Certification of the Alameda Point Golf Course Project EIR and Authorization to Proceed with Negotiations with Port of Oakland and Army Corps of Engineers 2. Resolution Certifying the Final EIR On file with the City Clerk: Exhibit A - Findings and Statement of Overriding Considerations Exhibit B - Mitigation Monitoring and Reporting Program City of Alameda Alameda Reuse and Redevelopment Authority June 7, 2006 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Debra Kurita Executive Director ATTACHMENT 1 3 -A Re: Certification of Golf Course EIR and Authorization to Proceed with Negotiations with Port of Oakland and Army Corps of Engineers BA CKGROUND Following the ARRA Board's April 2004 direction to continue with the EIR and permitting process for the golf course project, the ARRA issued a Draft Environmental Impact Report on the proposed Alameda Point Golf Course and Hotel project in July of 2004 for a 45 -day review period. The EIR Certification action allows the ARRA to explore the feasibility of acquiring dredged materials from the Port of Oakland as they become available. If they can be obtained, dredge materials can be dewatered and stockpiled on the site until market conditions improve enough to make the golf course project economically feasible. The Planning Board held a public hearing on the DEIR on August 23, 2004. A significant amount of time has now passed since the EIR was first issued. Subsequent to the distribution of the DEIR and as part of its comments on the DEIR, the Navy revealed that its consultants had discovered what they believed to be seasonal wetlands on Installation Restoration Site 1, which is the western part of the proposed golf course site. The presence of wetlands is significant new information. It required new research, data collection and recirculation of the Biological Resources chapter and related portions of the DEIR. The Revisions to the DEIR were circulated for a 45 -day review period beginning March 1, 2005 and concluding on April 15, 2005. DISCUSSION Several agencies commented on the revised document. The Response to Comments Document was mailed to those agencies that commented to allow them a 10 -day review before the certification of the Final EIR is considered. Comments received on both the DEIR and Revisions to the DEIR and responses to each comment are included in the Document. The entire EIR consists of the Draft Environmental Impact Report (DEIR), the Revisions to the DEIR, and this Response to Comment document. Together, these documents constitute the Final Environmental Impact Report (h'EIR). Dedicated to Excellence, Committed to Service Honorable Chair and Members of Alameda Reuse and Redevelopment Authority June 7, 2006 Page 2 The Draft EIR and Revisions examined the potential impacts to the environment that may result from implementation of the project and its three feasible alternatives, including a No Project Alternative. A description of the proposed project, alternatives evaluated, and probable environmental effects are summarized as follows. Alameda Point Golf Course The proposed project is an 18 -hole links -style golf course, public open space with associated facilities, and a nine -hole executive (short) course on approximately 215 acres at Alameda Point. If developed, the project will provide public access to the shoreline via a public park operated by the City of Alameda and an extension of the San Francisco Bay Trail. The site contains portions of the abandoned Alameda Naval Station airfield, guard tower, and several small support structures, all of which are proposed to be demolished. Runway pavement may be left in place or processed and recycled. Approximately 2,000,000 cubic yards of dredged material from the nearby Oakland Estuary (part of the Port of Oakland's 50 -Foot Dredge Project that was evaluated in a EIR certified in 1999), the Seaplane Lagoon at Alameda Point, Port of San Francisco dredge areas, or other areas in the Bay would be used to cap the existing fill material at the site and to construct topographic relief and drainage for the golf course on the existing flat site. It is anticipated that construction of the golf course, structures and road system would begin only after market conditions improve and financing becomes available. The golf course is targeted to meet the market for high quality, daily fee golf facilities. The golf course is planned to accommodate both regular golfing seven days a week and tournament events. The clubhouse, with a pro -shop, is proposed to be an approximately 25,000 square -foot structure, which is envisioned to rise up to 30 feet in height. The clubhouse may be a separate structure or may be attached to a hotel. Various attendant facilities, such as golf cart storage and maintenance facilities also would be constructed. Restrooms, rain shelters and irrigation and utility systems are included as part of the concept for the project. The project is proposed to include a hotel /conference center occupying approximately 300,000 square feet with up to 300 rooms. The hotel, clubhouse and public parking area are envisioned to be located in the west central portion of the site. The hotel could be up to three stories and obtain a maximum height of 40 feet. The hotel was not analyzed in the DEIR beyond the program level. Additional permitting and environmental clearance will be required in the future, as feasibility for the hotel is determined. The attached site plan has a placeholder location for both the clubhouse and hotel. A temporary clubhouse structure may be provided at this location. A new two -lane road connecting to Main Street is proposed to provide access to the golf course and hotel /conference center. Parking for up to 200 vehicles for golfers would be provided at the clubhouse, and 560 spaces at the hotel /conference center /restaurant (including 500 spaces for the hotel and 60 spaces for the restaurant). Other project facilities analyzed include a domestic water supply and irrigation system, water recycling system with an open pond, utilities, lighting, and fencing along the Alameda National Wildlife Refuge to prevent public access to the California least tern colony. Shoreline Access Extensive review by the San Francisco Bay Conservation and Development Commission's Design Review Board and staff, as well as a series of meetings with interested parties such as Alamedans for Parks and Trails, Bike Alameda, East Bay Regional Parks, League of Women Dedicated to Excellence, Committed to Service G:\Cox ,v\Ba e Reuse& Redevp \ARRA\STAFFREP\2006W6 Juue\3 -A GC EIR.doe Honorable Chair and Members of Alameda Reuse and Redevelopment Authority June 7, 2006 Page 3 Voters, and Bay Trail staff over the course of three years resulted in the current shoreline access design for the site. Associated project elements are the development of public access lands along the water's edge, parking and amenities (Attachment 1 — Fig. 3 -2, Project Site Plan in the DEIR). The southwestern corner of the project is the site of the larger park, and the ultimate destination of the roadway, which now follows the southern boundary of the site. The southern park site is six acres in size, to the high tide line, with a beach that appears at low tides. A public access trail for hikers and bicyclists will be located along the water's edge and through a portion of the golf course, as shown in the site plan. The section of trail that follows the estuary provides 2,450 linear feet of shoreline access. The trail has been designed within a 40 -foot right -of -way throughout the golf course, affording bay views and shoreline access, interspersed with the golf course in a manner that allows golfers to come to the water's edge to play and take advantage of the views as well. Distances between golf tees, fairways, and trails meet established safety standards for separation between uses. The trail width is 18 feet: 12 feet of asphalt plus a three -foot wide decomposed granite jogging path on each side. Parking and staging for the trail is proposed to be provided jointly with the parking at the golf course clubhouse and hotel complex, with additional parking at the point park. The trail connects the two parks and view areas, and the northwest corner of the proposed Alameda National Wildlife Refuge where seasonal access to a trail around the Refuge would be provided by the US Fish and Wildlife Service. A return loop follows the southern border between the golf course and the refuge back to the eastern entrance to the golf course. At least 41 acres of the golf course will be developed as native species grasslands as part of the plan to protect the California least tem, an endangered species, which nests in the adjacent refuge. The trail is buffered from the active play areas of the golf course by these swaths of grass, which also provide visual open space along the trail. The trail, proposed to be a link to the regional Bay Trail system, would connect to the existing Bay Trail in the City of Alameda, allowing access around the perimeter of the former base, through central Alameda, and onto Bay Farm Island across the bike bridge that was constructed by the city in the early 1990's. This trail section ultimately links to the Martin Luther King Regional Shoreline in Oakland. The proposed Bay Trail along the north and west waterfront would be 8,350 feet in length, including spurs. Of this amount, 5,800 feet are directly along the water's edge. The Bay is visible from virtually every point on the trail. The return loop of the trail around the southern and eastern portion of the golf course would be 8,500 feet, making a total loop trail length of 16,850 linear feet (not including the interior trail along the road to the Hotel complex). Water Access The plan provides for two parks with direct points of access to the water. They are located to allow maximum public access by foot or bicycle and focus on views of major interest: the San Francisco skyline, the larger San Francisco Bay, the Bay Bridge, Treasure Island, and the Estuary and Port of Oakland operations with the East Bay Hills beyond. As illustrated on the conceptual park plans shown in Attachment 2 (Fig. 3 -6, Esplanade and Vista Point Park in the DEIR), the southernmost access park is located at the border of the Wildlife Refuge and will provide a seasonal link to the Refuge, which will be open to the public September through mid - April. This park will include a picnic pavilion, a shoreline walking/viewing area, large amounts of open grass, and parking. Vehicles would access the park from the east. This park includes a small beach area with a footpath. The beach is intended as a quiet, passive park area. The Dedicated to Excellence, Committed to Service G: \Comdev \Ease Reuse& Re JeerAARRA\STAFFREP\2006 \O6 June\3 -A GC EIR.Joc Honorable Chair and Members of Alameda Reuse and Redevelopment Authority June 7, 2006 Page 4 second water access park is located at the northwestern point of the golf course, in the Point Park. Three spurs of the trail lead from a small grassy park to the water's edge. The park area would provide interpretive information about the views from the site, the history of the site and the trail network. Picnic areas, views and the Iink to the regional trail system would make this site an attraction for bikers and hikers as well as hotel guests. It is proposed that the spurs to the shoreline at this area be pedestrian access only, with bikes walked, to prevent interference with golf play and carts, as well as preserving the quiet character of the point. Entitlements The project falls within the 100' shoreline band of Bay Conservation and Development Commission (BCDC) jurisdiction and thus requires a permit. Staff has completed pre - application review by the BCDC Design Review Board, which will allow the City to submit the application for full project approval by BCDC. The peiiiiit application cannot be considered by the BCDC board until the project EIR is certified. Additional approvals will be required from the Regional Water Quality Control Board and the US Army Corps of Engineers for dredge material dewatering and construction adjacent to the Estuary. Planning Permits The General Plan designation for the site is Open Space. An amendment to the General Plan to designate the shoreline trail as the Bay Trail will be required. A use permit to operate the dewatering portion of the project is also required for the receipt of dredge materials. Future actions required: A re- zoning from the current M -2 -G (General Industrial (Manufacturing) with a Special Government Combining) to 0 (Open Space) zoning would be required for the development of the golf course and hotel facility; however, it would not be required for constructing the de- watering facility and stockpiling of dredge material. While a golf course is a peiniitted use in the 0 District, the concessionaire activities (clubhouse, etc.) require a Conditional Use Permit, as would the hotel /conference facility. It is anticipated that rezoning for the golf course project will be part of the Alameda Point entitlement process. Design Review is also required, but would be conducted at a later date. Significant Environmental Issues Evaluated in the EIR Table 2 -1 in the Draft EIR and Table 2 -1 contained in the Revisions to the DEIR summarize the environmental impacts of the project and indicate their relative levels of significance. The impact areas evaluated include visual resources, water resources, historic and cultural resources, biological resources, geology and soils, utilities, transportation and circulation, air quality, noise, hazardous materials, land use, and public services and recreation. Impacts in the following areas would be considered significant without the implementation of mitigation measures: visual resources, water resources, historic and cultural resources, biological resources, geology and soils, utilities, transportation and circulation, air quality, noise, and hazardous materials. Dedicated to Excellence, Committed to Service G:\Comdev \Base Reuse& Rekevp\ARRA\STAFFREP\2006\O6 June\3 -A GC EIR.Joc Honorable Chair and Members of Alameda Reuse and Redevelopment Authority June 7, 2006 Page 5 With the application of mitigation measures, there will be no significant and unavoidable impacts of the Project. Alternatives to the Project An EIR must analyze a reasonable range of alternatives. The EIR examines the following three alternatives to the project: A. The No Project Alternative, which would entail no development on the Project site. B. The No Hotel Alternative, which proposes construction of the golf course facility and . clubhouse, but no hotel or conference center. C. The Maximum Waterfront Access Alternative, which would locate the trail along the entire edge of the project site. Environmentally Superior Alternative CEQA requires the identification of an environmentally superior alternative other than the "No Project" alternative. Based on analysis in Chapter 6 of the DEIR, the No Hotel Alternative would be the environmentally superior alternative. FISCAL IMPACT There is no fiscal impact to certifying the golf course and hotel project EIR. With a certified EIR, staff can begin exploring the feasibility of accepting dredge materials in exchange for a tipping fee. The goal is to negotiate a tipping fee that covers the cost of handing the dredge materials and preparing the site for a future golf course. Any proposal to accept dredge materials in exchange for a tipping fee would first require approval of the ARRA Board. RECOMMENDATION Certify the EIR as complete, and direct staff to begin negotiations with the Port of Oakland and Army Corps of Engineers to accept dredge materials on the site. Res e lly submitted, e .lie Little Dev �.ment Ser es Director By: D "i.ie 'ot -r Base Reuse and Community Development Manager Attachments: 1. Golf Course Site Plan 2. Esplanade and Vista Point Park FEIR under separate cover Dedicated to Excellence, Committed to Service G: \Conxlev \Huse Reuse& Redevp \ARRA\STAFFREP\2OO(i\O( Junel3 -A GC EIRdoc r- • " L '01011 aUI1") 1.10115 101 1 as.tttu.) '1 ! I Vista Poit „Ttr Observation Areas wIL awn Benches X.:. Landmark Depicted: City to Explore Low- Lying Interpretive Sign a f_),(` Bay Trail ATTACHMENT 2 • /72 Sea VSteps Cart Paib \--Park Boundary • Park Boundary Esplanade wl , benches & Telescopes lYleadowilavvrt Area . Francisco Bay Picnic Area Pavilion Restroorn k rjsta Point 13ay Trail — Parking Loop 29 Spaces • • 41 ••■Zr :// -*•"k".;••••1 • FO MS Refuge Esplanade Park A 13 Ic J4 • MIN= moo mommi Figure 3-6 Esplanade and Vista Point Park ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 40 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE No. 2001062107); ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES, AND A MITIGATION MONITORING AND REPORTING PROGRAM; AND AUTHORIZING STAFF TO BEGIN NEGOTIATIONS TO ACCEPT DREDGE SPOILS FOR THE ALAMEDA POINT GOLF COURSE PROJECT. WHEREAS, the proposed Alameda Point Golf Course Project (Project) is an 18 -hole links -style golf course, public open space with associated facilities, and a nine -hole (short) executive golf course with a hotel on approximately 215 acres at Alameda Point ; and WHEREAS, the Project includes acquiring dredge materials from the Port of Oakland, as they become available, to dewater and stockpile on the Project site for eventual use to construct the golf course; and WHEREAS, the ARRA issued a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the Project on June 21, 2001; and WHEREAS, the ARRA issued a revised NOP on June 27, 2001 WHEREAS, the NOP was circulated for a 30 -day review period beginning on June 27, 2001 and ending on July 27; and WHEREAS, a Draft EIR (July 2004) was circulated for public comment for a 45 -day period beginning on July 26, 2004 and ending on September 10, 2004 and written comments were received; and WHEREAS, the City of Alameda Planning Board held a public hearing to solicit public comment on August 23, 2004 and oral comments were received; and WHEREAS, subsequent to issuance of the Draft EIR seasonal wetlands were discovered on the Project site by the United States Navy (Navy) during reconnaissance for a radiological survey at the former Navy Disposal — Installation Restoration Program Site 1 that includes the western portion of the Project site; and WHEREAS, more detailed wetland delineation surveys were completed by the Navy and by the ARRA to determine the location and size of the seasonal wetlands; and WHEREAS, to address this new infoiniation regarding wetlands, the ARRA prepared a new volume of the EIR, titled Revisions to DEIR (March 2005), which was circulated for public comment for a 45 -day period beginning on March 1, 2005 and ending on April 15, 2005 and written comments were received; and WHEREAS, written responses were prepared addressing all environmental issues raised by commenters during the public review periods for the Draft EIR and for the Revisions to DEIR volumes, and published as the EIR Response to Comments volume (April 2006): and 1 WHEREAS, the Final EIR, consisting of the Draft EIR, the Revision to DEIR, and the EIR Response to Comments volumes, was made available to the public on April 14, 2006 for a 10 -day public review period; and WHEREAS, the Final EIR was presented to the ARRA Board at a public hearing on June 7, 2006, and the ARRA Board has reviewed the Final EIR together with all associated staff reports, testimony and evidence; and WHEREAS, the Final EIR identifies certain significant effects on the environment that would result from implementation of the Project; and WHEREAS, the Final EIR identifies mitigation measures, which, when implemented, will substantially lessen or avoid the significant effects on the environment caused by the Project; and WHEREAS, the Final EIR identifies and analyzes alternative to the Project; and WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared to ensure compliance with the mitigation measures during Project implementation. NOW, THEREFORE BE IT RESOLVED that the Alameda Reuse and Redevelopment Authority, having independently considered the environmental effects of the Project as shown in the Final EIR, hereby: Certifies that the Final EIR was prepared in compliance with California Environmental Quality Act (CEQA), Public Resources Code section 21000, el seq., and all State and local CEQA guidelines, and reflects the independent judgment of the ARRA; 2. Adopts the Findings and Statement of Overriding Considerations, attached hereto as Exhibit "A," for the Project; 3. Adopts and incorporates into the Project all of the mitigation measures within the responsibility and jurisdiction of the ARRA that are identified in the Findings; 4. Adopts the Mitigation Monitoring and Reporting Program, attached hereto as "Exhibit B," for all the mitigation measures within the responsibility and jurisdiction of the ARRA; and 5. Having independently reviewed and analyzed the Final EIR, and having certified the Final EIR, directs staff to begin negotiations with the Port of Oakland and United State Army Corps of Engineers to accept dredge materials on the Project site. 2 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Governing Board of the Alameda Reuse and Redevelopment Authority in regular meeting assembled on the 2nd day of August, 2006, by the following vote to wit: AYES: 3 NOES: 1 ABSENT: Chair Beverly Johnson ABSTENTIONS: 0 IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said Authority this 2nd day of August, 2006. ma Glidden, Secretary Alameda Reuse and Redevelopment Authority 3