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2005-05-03 PacketCITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL TUESDAY - - - MAY 3, 2005 - - - 5:30 P.M. Time: Tuesday, May 3, 2005, 5:30 p.m. Place: Agenda: City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the Council on agenda items only may speak for a maximum of 3 minutes per item. 3. Adjournment to Closed Session to consider: 3 -A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney. 3 -B. WORKERS' COMPENSATION CLAIM (54956.95) Claimant: James Mackey. Agency Claimed Against: City of Alameda. 3 -C. CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Employee Organizations: Human Resources Director and Craig Jory. International Brotherhood Electrical Workers Management and Employees Association of (IBEW) and Confidential (MCEA). 4. Announcement of Action Taken in Closed Session, if any. Adjournment Beverly oh ' -��n, � Mayor CITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - MAY 3, 2005 - - - 7:05 P.M. Time: Tuesday, May 3, 2005, 7:05 p.m. Place: City Council Chambers Conference Room, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call. 2. Public Comment on Agenda Items Only. Anyone wishing to address the Commission on agenda items only may speak for a maximum of 3 minutes per item. 3. Adjournment to Closed Session to consider: 3 -A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 Number of cases: One. 4. Announcement of Action Taken in Closed Session, if any. Adjournment CITY OF ALAMEDA • CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - MAY 3, 2005 - - - 7:25 P.M. Location: Council Chambers, City Hall, Santa Clara Ave. and Oak St. Public Participation Anyone wishing to address the Council /Commission on agenda items or business introduced by Councilmembers /Commissioners may speak for a maximum of 3 minutes per agenda item when the subject is before the Council /Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. PLEDGE OF ALLEGIANCE ROLL CALL MINUTES Minutes of the Special Joint City Council and Community Improvement Commission Meeting held on April 19, 2005. AGENDA ITEMS 1. Joint Public Hearing to consider authorizing the City Manager /Executive Director to enter into a Disposition and Development Agreement with Alameda Entertainment Associates, L.P., approval of the 33433 Report, and adoption of a Mitigated Negative Declaration for the Alameda Theater, Cineplex and Parking Structure Project (State Clearinghouse #2004 - 122 -042). [Continued from April 19, 2005] • Adoption of Resolution Approving and Authorizing Execution of a Disposition and Development Agreement Between the Community Improvement Commission and Alameda Entertainment Associates, L.P., Approving Certain Mitigation Measures for the Project, and Adopting a Mitigation Monitoring Program. [Community Improvement Commission]; and • Adoption of Resolution Approving and Authorizing Execution of a Disposition and Development Agreement Between the Community Improvement Commission and Alameda Entertainment Associates, L.P., and Adopting a Mitigated Negative Declaration and Mitigation Monitoring Program. [City Council] 2. Adoption of Resolution Approving and Authorizing Payment of Certain Public Improvements to the Park Street and Otis Drive Intersection. [Community Improvement Commission]; and • Adoption of Resolution Approving and Authorizing Execution of a Public Improvements Construction Agreement Between the City and Harsch Investment Corporation. [City Council] 3. Recommendation to approve an Amended Contract with Architectural Resources Group, Inc., by increasing the Contract amount an additional $44,275 to provide additional pre - planning services for the proposed Alameda Theatre Project. [Community Improvement Commission] ADJOURNMENT Beverly John ay Chair, Community Commission Improvement AGENDA CITY OF ALAMEDA • CALIFORNIA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy 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. REGULAR MEETING OF THE CITY COUNCIL TUESDAY - - MAY 3, 2005 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 p.m., City Hall, Council Chambers, corner of Santa Clara Ave and Oak St.] 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. Agenda Items 6. Oral Communications, Non - Agenda (Public Comment) 7. Council Communications (Communications from Council) 8. 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 Deputy City Clerk if you wish to address the City Council. SPECIAL MEETING OF THE CITY COUNCIL 5:30 P.M. CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7:05 P.M. COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:25 P.M. COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3 -A. Proclamation declaring May as "Older Americans Month." 3 -B. Update on the new main library project. 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 Regular City Council Meeting held on April 19, 2005; and the Special City Council Meeting held on April 21, 2005. 4 -B. Bills for ratification. 4 -C. Recommendation to authorize Call for Bids for Legal Advertising for the Fiscal Year ending June 30, 2006. 4 -D. Recommendation to accept the Quarterly Investment Report for period ending March 31, 2005. 4 -E. Recommendation to accept the Quarterly Financial Report for the period ending March 31, 2005 and approve third quarter budget adjustments. 4 -F. Recommendation to set Hearing to establish Proposition 4 Limit for Fiscal Year 2005 -06 for May 17, 2005. 4 -G. Recommendation to accept the work of SpenCon Construction, Inc., for Repair of Portland Cement, Concrete Sidewalk, Curb, Gutter, Driveway and Minor Street Patching Phase 5, Fiscal Year 2004 -05, No. P.W. 08- 04 -08. 4 -H. Recommendation to approve an Agreement with Alameda County to continue participation in the Alameda HOME Consortium and authorize the Acting City Manager to negotiate and execute necessary documents. 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolutions Appointing Ray A. Gaul, Bill T. Schmits, and Jane Sullwold as Members of the Golf Commission. 5 -B. Final Passage of Ordinance Reclassifying and Rezoning Certain Property within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., from R -5 (General Residential) Zoning District to C -C (Community Commercial) Zoning District, for that Property Located at 2507 Central Avenue at Everett Street. 5 -C. Recommendation to accept the West Alameda Neighborhood Improvement Concept Plan. 6. 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. 7. COUNCIL COMMUNICATIONS (Communications from Council) 8. ADJOURNMENT • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • 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. • Minutes of the meeting available in enlarged print. • 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. UNAPPROVED MINUTES MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -APRIL 19, 2005- -7:27 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 7:56 p.m. ROLL CALL - MINUTES Present: Councilmembers /Commissioners Daysog, deHaan, Gilmore, Matarrese, and Mayor /Chair Johnson - 5. Absent: None. (05 - CC /05- CIC) Minutes of the Special Joint City Council and Community Improvement Commission Meeting held on April 5, 2005. Approved. Vice Mayor /Commissioner Gilmore moved approval of the minutes. Councilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS (05- CC /05- CIC) Recommendation to approve the Annual Operating and Capital Budget for the Bayport Project. Approved. The Acting City Manager stated the budget scenario is considerably better based upon the profit participation section that allows participation in some of the developer's profit. The Development Services Director gave a brief report on the project. Councilmember /Commissioner Daysog inquired whether bond issuance is not required because revenue generated would cover public improvements and still provide an $800,000 profit. The Development Services Director responded that one bond was issued early in the project; the project's bottom line does not require using any other bonds to finish the project. Mayor /Chair Johnson inquired whether bond capacity is freed up for other potential uses in the future. The Development Services Director responded in the negative; stated Special Joint Meeting Alameda City Council and Community Improvement Commission April 19, 2005 1 the existing agreement does not just contemplate the current phase; the obligations of the projects are linked; any project proceeds that flow from Phase I tax increments are obligated to Phase II unless negotiated differently. Mayor /Chair Johnson inquired whether Phase II has been negotiated, to which the Development Services Director responded Phase II has a Disposition and Development Agreement (DDA). Mayor /Chair Johnson inquired whether the DDA provisions could be renegotiated, to which the Development Services Director responded in the affirmative. Councilmember /Commissioner Matarrese inquired whether the bottom line of the next phase is more favorable. The Development Services Director responded that a developer advance is not required; available funds would be required to be put into the infrastructure in a different pattern. Councilmember /Commissioner Matarrese inquired whether the Research and Development Park and Business Park look more favorable, to which the Development Services Director responded that she could not respond; there are other issues related to the economics. Councilmember /Commissioner Matarrese inquired whether the profits rolling into the next project allow for a more favorable situation, to which the Development Services Director responded possibly. Councilmember /Commissioner deHaan inquired whether the price of homes is the principle factor for the current situation, to which the Development Services Director responded in the affirmative. Councilmember /Commissioner deHaan stated the break even point was $650,000. The Redevelopment Manager noted the average sale price of the homes was $725,000. Councilmember /Commissioner Daysog stated that news is good overall; profit participation was initially questionable. Councilmember /Commissioner deHaan moved approval of the staff recommendation. Councilmember /Commissioner Matarrese seconded the motion, which carried by unanimous voice vote - 5. Doug Biggs, Alameda Point Collaborative (APC), stated that the APC was originally granted 39 units to meet housing needs for the Special Joint Meeting Alameda City Council and 2 Community Improvement Commission April 19, 2005 homeless; APC entered into an agreement with the City to replace the original units in east housing near the corner of Atlantic Avenue and Fifth Street; the City told APC that there are no funds to build the 39 units; the City is contemplating financing a 39- unit project through other funds instead; the City specifically designated project revenues from the Catellus Project as the primary source for the 39 units, including $2 million from the sale of land; that designation of funds is not shown in the accounting presented tonight; without the agreement with APC to relocate units, the Bayport Project would not have happened; the use of the Catellus funds could go a long way toward making units more affordable and serve the homeless. Councilmember /Commissioner Matarrese requested an Off Agenda Report in response to Mr. Biggs' comments. (05- CC /05- CIC) Joint Public Hearing to consider authorizing the City Manager /Executive Director to enter into a Disposition and Development Agreement with Alameda Entertainment Associates, L.P., approval of the 33433 Report, and adoption of a Mitigated Negative Declaration for the Alameda Theater, Cineplex and Parking Structure Project (State Clearinghouse #2004 -122 -042). (05- A /CIC ) Adoption of Resolution Approving and Authorizing Execution of a Disposition and Development Agreement Between the Community Improvement Commission and Alameda Entertainment Associates, L.P., and Approving Certain Mitigation Measures for the Project and Adopting a Mitigation Monitoring Program; and (05- A /CIC ) Adoption of Resolution Approving and Authorizing Execution of a Disposition and Development Agreement Between the Community Improvement Commission and Alameda Entertainment Associates, L.P., and Adopting a Mitigated Negative Declaration and Mitigation Monitoring Program. Continued to May 3, 2005. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Joint Meeting at 8:06 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and Community Improvement Commission April 19, 2005 3 CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council From: William C. Norton Acting Executive Director /City Manager Date: April 20, 2005 Re: Joint Public Hearing to Consider Recommendation to Authorize the City Manager /Executive Director to Enter into a Disposition and Development Agreement with Alameda Entertainment Associates, L.P., Approval of the California Health and Safety Code Section 33433 Report Summarizing the Financial Impact of the Project and Adoption of a Mitigated Negative Declaration for the Alameda Theatre, Cineplex and Parking Structure Project (State Clearinghouse #2004 - 122 -042) Resolution of the Community Improvement Commission of the City of Alameda Approving and Authorizing Execution of a Disposition and Development Agreement between the Commission and Alameda Entertainment Associates, L.P., and Approving Certain Mitigation Measures for the Project and Adopting a Mitigation Monitoring Program Resolution of the City Council of the City of Alameda Approving and Authorizing Execution of a Disposition and Development Agreement between the Commission and Alameda Entertainment Associates, L.P., and Adopting a Mitigation Monitoring Program BACKGROUND This item had been originally scheduled for April 19; at that time, staff requested a continuance to May 3, 2005. The Community Improvement Commission (CIC) entered into an Exclusive Negotiation Agreement with Kyle Conner to negotiate terms for development of a new two -story multiplex cinema as part of a total project that includes the rehabilitation of the Historic Alameda Theatre and construction of a new parking structure with approximately 350 parking spaces. Presented is the final Disposition and Development Agreement (DDA) with Alameda Entertainment Associates, L.P. based on the business terms approved by the Dedicated to Excellence, Committed to Service G: \Soto \Theater Project\Staff Reports \DDA 3- 15- 05.doc F: CP /Alameda Theatre /DDA/Staff Reports Re: Public Hearing and Resolutions #1 - Council/CIC 5 -3 -n5 Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council CIC. (This DDA is on file with the City Clerk.) DISCUSSION /ANALYSIS Project Summary April 20, 2005 Page 2 The project is comprised of three primary and related components: the public parking garage, the proposed acquisition and renovation of the Historic Alameda Theatre, and the development of a new two -story multiplex cinema. The project is anticipated to use a combination of funds from the 2003 merged area bond issue and /or with subsequent review of a financing plan, a HUD Section 108 loan and Brownfields Economic Development Initiative (BEDI) Grant. The total funds needed by the CIC for the project is anticipated to be approximately $22,770,000. It is also important to note that a number of actions in the DDA will require a 4 /5th vote of the Council and CIC and with the approval of the DDA the Developer will be moving forward with a substantial expense of funds. Developer Experience The project developer is Kyle Conner. Mr. Conner has over 25 years experience with theater management, operation, design, construction and fixture and furniture supply. Mr. Conner has been a partner in several area theaters and brings to Alameda his experience from those projects. This will be Mr. Conner's first project as primary developer. Primary DDA Business Terms Public Parking Structure The CIC has acquired the first parcels needed for the parking structure. The Historic Alameda Theatre will also need to be acquired. In February, the CIC presented an offer to purchase the Historic Alameda Theatre. The design is being finalized and it is planned to go out to bid within the next two months. The parking structure will begin construction in fall 2005 and be completed by fall 2006. The Developer will have the ability to validate parking for theater patrons for an annual fee of $10,000. This fee is based on the usage anticipated by the theater and will increase each year by the CPI. New Multiplex Cinema The Developer intends to construct a seven (7)- screen multiplex cinema with approximately 1,100 seats. The multiplex cinema will have stadium seating with all current state -of- the -art equipment. Patrons will enter the new cinema via the Historic Alameda Theatre providing the feeling of one overall theatre complex to the public. Dedicated to Excellence, Committed to Service G: \Soto \Theater Project\Staff Reports \DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council April 20, 2005 Page 3 The CIC has acquired one of the parcels needed for the new multiplex cinema. The CIC hopes to acquire the remaining parcel to complete the land acquisition needed for the project. The CIC will lease the land to the Developer where the new multiplex cinema is to be built. The lease payments are $12,000 annually for the first six years and $96,000 annually for years seven through ten. The lease payments will then increase by the CPI with a floor of 3% and a ceiling of 5 %. The initial estimated costs for the new multiplex cinema are $8,834,500, based on conceptual drawings. The private investment commitment is $5,359,500 and the balance (economic gap) would be funded by the CIC. The Developer will provide funding in the amount of $5,359,500: an equity contribution of $1,350,000, a construction loan of $3,159,500 and a furniture, fixtures and equipment (FFE) loan of $850,000. The CIC's financial obligation under the proposed DDA is $3,475,000; a lump sum grant of $675,000 towards funding a portion of the vertical circulation elements needed to access the historic theater and the second story multiplex and the economic gap portion needed to fund the two -story multiplex, a not -to- exceed amount of $2,800,000. Repayment by the Developer of the $2,800,000 is split into a $1,400,000 loan that would start to be repaid in year seven of the project when the Developer has repaid his FFE bank loan. The remaining $1,400,000, of the $2,800,000, that the CIC is funding, is repaid over time by percentage rent from the revenues of the project. The percentage rent is in addition to the base rent. During years one through six, the percentage rent would be 15% when the Developer reaches gross revenues above $3,250,000. The percentage rent increases to 17.5% when gross revenues go above $4,210,000 in years seven through ten. In years 11 through 30, the percentage rent remains at 17.5% but the gross revenues threshold increases by the same percentage amount as the monthly minimum rent is increased. Once the $1,400,000 is repaid, the percentage rent is reduced to 12% with the gross revenues threshold staying the same as the previous year. The Developer will also have an option to purchase the land under the new multiplex cinema for a price not to exceed the full internal costs and expenses incurred by the CIC or fair market value whichever is higher. The option to purchase cannot be exercised prior to the Developer having operated the cinema successfully for five years. Historic Alameda Theatre The project anticipates the potential acquisition of the Historic Alameda Theatre. It is estimated that the total costs of this part of the project will be $9,563,591 for the Historic Alameda Theatre. The $9,563,591 budget includes a $125,000 contingency, which may be used towards the Developer's extraordinary FFE costs. The $125,000 can only be used for the project to the extent that the Developer has spent not Tess that $1,200,000 on FFE for both the new building and the Historic Alameda Theatre. Dedicated to Excellence, Committed to Service G: \Soto \Theater Project\Staff Reports \DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council April 20, 2005 Page 4 The Developer will have the option to expand the Historic Alameda Theatre rehabilitation to include two additional screens on the upper level at a later date at his sole expense. The Developer will have an option to purchase the Historic Alameda Theatre for a price not to exceed the full internal costs and expenses incurred by the CIC or fair market value which ever is greater. The option can only be exercised after five years of successful operation as a theatre. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), an Initial Study /Environmental Assessment (draft IS /EA) has been completed and a proposed Mitigated Negative Declaration was circulated for public comment from December 9, 2004 to January 10, 2005. The draft IS /EA analyzes the impacts of two development options for the Alameda Theatre, new cinema and parking structure. Option A consists of construction of a new multi -level parking structure with 352 spaces; the proposed rehabilitation of the existing Historic Alameda Theatre to create a restored, 500 -seat cinema; and construction of an adjacent approximately 1,300 -seat, seven -to- eight- screen cineplex. The new parking and cineplex structures would also include approximately 3,500 square feet of ground floor retail space. A possible future expansion of the proposed parking garage onto the existing adjacent Longs Drug site, referred to as Option B, was also analyzed and would have added approximately 158 more parking spaces to the garage, for a total of approximately 508 spaces, and a net increase of another approximately 15,000 square feet of retail space on the expanded site. These environmental documents will be used in conjunction with several potential City actions related to the Historic Alameda Theatre, Multiplex Cinema and Parking Structure Project including, but not limited to: • Site Acquisition • Funding • Planning Board project approvals (Use Permit, Design Review) • Historical Advisory Board Certificate of Approval for the Historic Alameda Theatre • Necessary Permits (demolition, constructions, etc.) During the public review process six comments were received from: • Monika Slay Pitchford Dedicated to Excellence, Committed to Service C:\DOCUME- 1\cm_user\LOCALS. -1 \Temp\DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council • David J. Rehnstrom, East Bay Municipal Utility District • Christopher Buckley, Alameda Architectural Preservation Society • Governor's Office of Planning and Research ( #1) • Governor's Office of Planning and Research ( #2) • Timothy C. Sable, State of California Department of Transportation April 20, 2005 Page 5 Wagstaff and Associates, consultant to the CIC for the IS /EA, responded to comments. The consultant has corrected and made a clarification to the design review process to be consistent with City policies and procedures and the enlarged review and comment role by the Historic Advisory Board. None of the comments received identified significant impacts associated with the project, nor did the comments identify new mitigation measures or challenge the adequacy of the proposed mitigation measures. The following documents are on file with the City Clerk: • Exhibit "A" — Responses to Public Comments Received on the December 2004 Draft Initial Study /Environmental Assessment for the Proposed Alameda Theater, Cineplex and Parking Structure • Exhibit "B" — Findings Regarding Significant Impacts That can be Mitigated to a Level of Insignificance • Exhibit "C" — Mitigation Monitoring Checklist for the Alameda Theater, Cineplex and Parking Structure Project FISCAL IMPACT The fiscal impact from the proposed DDA is described in the 33433 Report (on file with the City Clerk). The annual revenue to the CIC from the ground lease, Historic Alameda Theatre lease, retail leases and parking revenue is expected to be $525,000 in the first year. Additional fiscal benefits are anticipated to accrue to the CIC with tax increment, to the General Fund with permit fees, business license fees and sales tax and to Alameda Power & Telecom (AP &T) with new energy sales. Permit Fees (one time revenue): Parking Structure Historic Alameda Theatre $368,000 $238,000 Dedicated to Excellence, Committed to Service C: \DOCUME -1 \cm_user\LOCALS -1 \Temp \DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council New Multiplex Cinema $286,000 Annual Sales taxes per year: New Multiplex Cinema retail $3,750 Historic Alameda Theatre retail $7,103 AP &T income per year: New Multiplex Cinema and Historic Alameda Theatre $21,600 Annual Business license fees $1,789 New jobs created 337 April 20, 2005 Page 6 The annual sales from the multiplex cinema and Historic Alameda Theatre for the first year are expected to be $3,052,800 and the retail space sales are expected to be $1,302,300 for a total of $4,355,100. RECOMMENDATION It is recommended that the GIC and City: 1. Adopt the Resolution and approve and authorizing the Executive Director to execute the DDA with Alameda Entertainment Associates, L.P. 2. Adopt the Resolution and Approve the Mitigated Negative Declaration for the DDA. Respectfull, submit��d, Leslie . Little Development Services Director By: Dorene E. Soto Manager, Business Development Division Dedicated to Excellence, Committed to Service G: \Soto \Theater Project\Staff Reports \DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council WCN /LAL /DES:ry cc: Kyle Conner, Alameda Entertainment Associates, L.P. Dedicated to Excellence, Committed to Service G: \Soto \Theater Project\Staff Reports \DDA 3- 15- 05.doc F: CP /Alameda Theater Project/DDA/Staff Reports April 20, 2005 Page 7 COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OF A DISPOSITION AND W DEVELOPMENT AGREEMENT BETWEEN THE COMMISSION AND CO ALAMEDA ENTERTAINMENT ASSOCIATES, L.P., AND APPROVING CERTAIN MITIGATION MEASURES FOR THE PROJECT AND ADOPTING A MITIGATION MONITORING PROGRAM U WHEREAS, the Community Improvement Commission of the City of Alameda ( "Commission ") is carrying out the Community Improvement Plan ( "Plan") for the Business and Waterfront Improvement Project (the `BWIP "); and WHEREAS, the City of Alameda ( "City") and the Commission wish to further the City's downtown redevelopment goals by renovating the existing downtown historic Alameda theater, ,providing for increased retail space and a new multi -plex cinema, and providing for additional public parking within the BWIP; and WHEREAS, the Commission has received a proposed Disposition and Development Agreement ( "DDA ") from Alameda Entertainment Associates, L.P., a California limited partnership ( "Developer "), providing for the redevelopment of that certain real property located on the northeast corner of Central Avenue and Oak Street within the area of the BWIP (the "Site ") for purposes of renovating the historic Alameda theater, constructing a new Cineplex and other retail space, and constructing a public parking structure (the "Project "); and WHEREAS, a portion of the Site is owned by the Commission ( "Commission Property") and a portion of the Site is proposed to be acquired by the Commission ( "Acquisition Property"); and WHEREAS, the DDA provides for, among other things: (a) the potential acquisition of the Acquisition Property by the Commission; (b) the ground lease of a portion of the Site to Developer for construction of a new Cineplex and other retail uses ( "Cineplex Parcel "); (c) the Commission's renovation and lease to Developer of the existing historic Alameda theater on the Site (the "Theater Property"); and (d) Commission's construction of a public parking garage on a portion of the Site; and WHEREAS, due to the potential use of federal Housing and Urban Development ( "HUD ") funds to assist in redeveloping the Project, the Project is subject to both the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), and the National Environmental Policy Act of 1969, Public Law 91 -190 as amended, 42 U.S.C.A. 4321- 4347 ( "NEPA "); and CC /CIC Resolution #1 (CIC) 5 -3 -05 WHEREAS, in accordance with CEQA and NEPA, the City, as proponent of the Project and lead agency under CEQA and as the responsible entity under NEPA, prepared a joint environmental document in the form of a CEQA- authorized Mitigated Negative Declaration and a NEPA- authorized Mitigated Finding of No Significant Impact ( "Mitigated FONSI "), supported by a joint Initial Study /Environmental Assessment (collectively, the `Environmental Documents "); and WHEREAS, under CEQA Commission is a Responsible Agency, as defined in Section 21069 of the California Public Resources Code; and WHEREAS, the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) provides in Section 33431 that any sale or lease of Commission property may be made only after a public hearing of the Commission after publication of notice as provided by law; and WHEREAS, the Community Redevelopment Law provides in Section 33433 that before any property acquired, in whole or in part, with tax increment monies, is sold or leased for development pursuant to a redevelopment plan, such sale or lease shall first be approved by the legislative body after a public hearing, that notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two (2) successive weeks prior to the hearing, and that the Commission shall make available for public inspection a copy of the proposed sale or lease and a report containing specified information and the financial aspects of the proposal; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Commission is authorized, with the consent of the City Council, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the project area or the immediate area in which the project is located, that no other reasonable means of financing such building, facility, structure or other improvement are available to the community, that the payment of funds for the cost of the building, facility, structure or other improvement will assist in the elimination of one or more blighting conditions inside the project area, and that the provision of the building, facility, structure or other improvement is consistent with the implementation plan adopted by the Commission; and WHEREAS, notice of a joint public hearing on the DDA and Mitigated Negative Declaration of the City Council of the City of Alameda ( "City Council ") and the Commission was published in the Alameda Journal on April 5, 2005, and April 12, 2005; and WHEREAS, the Commission prepared a report pursuant to Section 33433 of the Health and Safety Code containing a copy of the proposed DDA and a summary describing the cost of the DDA to the Commission, the value of the property interest to be conveyed, the value of the lease payments and other information required by said Section 33433 ( "Report"), and said Report was made available to the public for inspection; and WHEREAS, the City Council and the Commission held a joint public hearing on May 3, 2005, in the City Council Chambers to consider and act on the Mitigated Negative Declaration and disposition and development of the Site pursuant to the DDA. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Commission hereby finds and determines that the acquisition of land for and the costs of the public parking garage are necessary to effectuate the purposes of the Plan, and the Commission is authorized, with the consent of the City Council, to provide the public parking garage. The Commission further finds and determines that the public parking garage is of primary benefit to the area of the BWIP (`BWIP Project Area "); that no other means of financing the public parking garage is available to the City; and that the payment of funds by the Commission for such public parking garage will assist in eliminating blight within the BWIP Project Area and is consistent with the Commission's Implementation Plan for the BWIP adopted pursuant to Section 33490 of the Community Redevelopment Law ( "Implementation Plan"). These findings and determinations are based upon the following facts: a. The public parking garage is located within the downtown business district of the BWIP Project Area and will, therefore, provide parking needed to serve the retail and commercial businesses within the BWIP Project Area; b. The City has explored and sought other funding alternatives and is requesting HUD funds to assist in paying some of the costs of the public parking garage, however, additional funds are necessary and the City does not have funds available for the additional costs of the public parking garage; c. The public parking garage will eliminate blight by providing adequate land and facilities for parking and stimulating new commercial expansion, employment and economic growth within the BWIP Project Area; and d. The public parking garage is consistent with the Implementation Plan, as the Implementation Plan's goals include the elimination of inadequate public facilities, the provision of adequate land for parking and the strengthening of the economic base of the BWIP Project Area, and one of the programs of the Implementation Plan is the improvement of public facilities, including the development of more public parking. Section 2. The Commission hereby finds and determines that the ground lease of the Cineplex Parcel and the lease of the Theater Property to Developer and development of the Project on the Site pursuant to the DDA will assist in the elimination of blight within the BWIP Project Area and is consistent with the Implementation Plan. This finding is based upon the facts and information contained in the Report. Section 3. The Commission hereby finds and determines that the consideration to be paid by Developer for the ground lease of Cineplex Parcel is not less than the fair reuse value of the Cineplex Parcel at the use and with the covenants and conditions and development costs authorized by the DDA. Commission also finds that the consideration to be paid,by Developer for lease of the Theater Property is not less than the fair reuse value of the Theater Property at the use and with the covenants and conditions and development costs authorized by the DDA. These findings are based on the facts and information contained in the Report. Section 4. The Commission has reviewed and considered the Mitigated Negative Declaration prepared and adopted by the City (including the comments and responses thereto) and hereby finds and determines that the Project, including the development of the Site pursuant to the DDA, is covered by the Mitigated Negative Declaration relating to the Project, and that the Project incorporates all applicable mitigation measures identified in the Environmental Documents to reduce environmental impacts to less than a significant level. As to such mitigation measures and environmental impacts, the Commission hereby adopts and incorporates by reference herein those CEQA findings and mitigation measures and Mitigation Monitoring Program set forth in City Council Resolution No. Section 5. Commission hereby approves the ground lease of the Cineplex Parcel and the lease of the Theater Property pursuant to the DDA. Commission hereby further approves the DDA substantially in the form attached hereto, subject to any minor conforming, technical or clarifying changes approved by the Executive Director and Commission Counsel. The Executive Director and Secretary of the Commission are hereby authorized and directed to take such further actions and execute such documents as are necessary to carry out the DDA on behalf of the Commission, including without limitation, the leases, deed of trust and all other actions and documents necessary for the acquisition, disposition and development of the Site in accordance with the DDA. Section 6. The Secretary of the Commission is hereby authorized to file a Notice of Determination with the County Clerk of the County of Alameda and the Office of Planning and Research, if applicable, following approval of the Project by the City and adoption of this resolution by the Commission. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the day of , 2005 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 Commission this day of , 2005. Lara Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission E 0 IJ- CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMISSION AND ALAMEDA ENTERTAINMENT ASSOCIATES, L.P., AND ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM w 0 e z CC 0 WHEREAS, the Community Improvement Commission of the City of Alameda H( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the Business and a Waterfront Improvement Project (the `BWIP "); and >- o ~ WHEREAS, the City of Alameda ( "City") and the Commission wish to further the City's 0. U downtown redevelopment goals by renovating the existing downtown historic Alameda theater, �!% providing for increased retail space and a new multi -plex cinema, and providing for additional �� public parking within the BWIP; and WHEREAS, the Commission has received a proposed Disposition and Development Agreement ( "DDA ") from Alameda Entertainment Associates, L.P., a California limited partnership ( "Developer "), providing for the redevelopment of that certain real property located on the northeast corner of Central Avenue and Oak Street within the area of the BWIP (the "Site ") for purposes of renovating the historic Alameda theater, constructing a new Cineplex and other retail space, and constructing a public parking structure (the "Project "); and WHEREAS, a portion of the Site is owned by the Commission ( "Commission Property") and a portion of the Site is proposed to be acquired by the Commission ( "Acquisition Property"); and WHEREAS, the DDA provides for, among other things: (a) the potential acquisition of the Acquisition Property by the Commission; (b) the ground lease of a portion of the Site to Developer for construction of a new Cineplex and other retail uses ( "Cineplex Parcel "); (c) the Commission's renovation and lease to Developer of the existing historic Alameda theater on the Site (the "Theater Property"); and (d) Commission's construction of a public parking garage on a portion of the Site; and WHEREAS, due to the potential use of federal Housing and Urban Development ( "HUD ") funds to assist in redeveloping the Project, the Project is subject to both the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ( "CEQA "), and the National Environmental Policy Act of 1969, Public Law 91 -190 as amended, 42 U.S.C.A. 4321- 4347 ( "NEPA "); and WHEREAS, in accordance with CEQA and NEPA, the City, as proponent of the Project and lead agency under CEQA and as the responsible entity under NEPA, prepared a joint environmental document in the form of a CEQA- authorized Mitigated Negative Declaration and a NEPA- authorized Mitigated Finding of No Significant Impact ( "Mitigated FONSI "), •supported by a joint Initial Study /Environmental Assessment (collectively, the `Environmental Documents "); and CC /CIC Resolution #1 (CC) 5 -3 -05 WHEREAS, in accordance with CEQA and NEPA, the City published and distributed a Notice of Intent to Adopt a Negative Declaration of Environmental Significance with Mitigation Measures, a Notice of Findings of No Significant Impact and Notice of Intent to Request Release of Funds; and has made the Environmental Documents available for public review in accordance with CEQA and NEPA; and WHEREAS, all applicable mitigation measures identified in the Environmental Documents to reduce potential environmental impacts to less than a significant level were conditions of approval of the Mitigated Negative Declaration and Mitigated FONSI and, therefore, have been incorporated into the proposed DDA for the Project; and WHEREAS, the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) provides in Section 33431 that any sale or lease of Commission property may be made only after a public hearing of the Commission after publication of notice as provided by law; and WHEREAS, the Community Redevelopment Law provides in Section 33433 that before any property acquired, in whole or in part, with tax increment monies, is sold or leased for development pursuant to a redevelopment plan, such sale or lease shall first be approved by the legislative body after a public hearing, that notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two (2) successive weeks prior to the hearing, and that the Commission shall make available for public inspection a copy of the proposed sale or lease and a report containing specified information and the financial aspects of the proposal; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Commission is authorized, with the consent of the City Council, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the project area or the immediate area in which the project is located, that no other reasonable means of financing such building, facility, structure or other improvement are available to the community, that the payment of funds for the cost of the building, facility, structure or other improvement will assist in the elimination of one or more blighting conditions inside the project area, and that the provision of the building, facility, structure or other improvement is consistent with the implementation plan adopted by the Commission; and WHEREAS, in accordance with NEPA, the City has submitted the Mitigated FONSI to HUD; and WHEREAS, notice of a joint public hearing on the DDA and Mitigated Negative Declaration of the City Council of the City of Alameda ( "City Council ") and the Commission was published in the Alameda Journal on April 5, 2005, and April 12, 2005; and WHEREAS, the Commission prepared a report pursuant to Section 33433 of the Health and Safety Code containing a copy of the proposed DDA and a summary describing the cost of the DDA to the Commission, the value of the property interest to be conveyed, the value of the lease payments and other information required by said Section 33433 ( "Report"), and said Report was made available to the public for inspection; and WHEREAS, the City Council and the Commission held a joint public hearing on May 3, 2005, in the City Council Chambers to consider and act on the Mitigated Negative Declaration and disposition and development of the Site pursuant to the DDA; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby finds and determines that the acquisition of land for and the costs of the public parking garage are necessary to effectuate the purposes of the Plan, and the City Council consents to the Commission providing the public parking garage. The City Council further finds and determines that the public parking garage is of primary benefit to the area of the BWIP (`BWIP Project Area "); that no other means of financing the public parking garage is available to the City; and that the payment of funds by the Commission for such public parking garage will assist in eliminating blight within the BWIP Project Area and is consistent with the Commission's Implementation Plan for the BWIP adopted pursuant to Section 33490 of the Community Redevelopment Law ( "Implementation Plan "). These findings and determinations are based upon the following facts: a. The public parking garage is located within the downtown business district of the BWIP Project Area and will, therefore, provide parking needed to serve the retail and commercial businesses within the BWIP Project Area; b. The City has explored and sought other funding alternatives and is requesting HUD funds to assist in paying some of the costs of the public parking garage, however, additional funds are necessary and the City does not have funds available for the additional costs of the public parking garage; c. The public parking garage will eliminate blight by providing adequate land and facilities for parking and stimulating new commercial expansion, employment and economic growth within the BWIP Project Area; and d. The public parking garage is consistent with the Implementation Plan, as the Implementation Plan's goals include the elimination of inadequate public facilities, the provision of adequate land for parking and the strengthening of the economic base of the BWIP Project Area, and one of the programs of the Implementation Plan is the improvement of public facilities, including the development of more public parking. Section 2. The City Council hereby finds and determines that the ground lease of the Cineplex Parcel and the lease of the Theater Property to Developer and development of the Project on the Site pursuant to the DDA will assist in the elimination of blight within the BWIP Project Area and is consistent with the Implementation Plan. This finding is based upon the facts and information contained in the Report. Section 3. The City Council hereby finds and determines that the consideration to be paid by Developer for ground lease of the Cineplex Parcel is not less than the fair reuse value of the Cineplex Parcel at the use and with the covenants and conditions and development costs authorized by the DDA. City Council also finds that the consideration to be paid by Developer for lease of the Theater Property is not less than the fair reuse value of the Theater Property at the use and with the covenants and conditions and development costs authorized by the DDA. These findings are based on the facts and information contained in the Report. Section 4. The City Council hereby finds that the Environmental Documents for the Project have been prepared, published, circulated and reviewed in accordance with CEQA and NEPA, and the applicable regulations pertaining thereto, and that the conditions of approval ( "Conditions of Approval "), which were set forth in the Mitigated Negative Declaration and incorporated into the Project before the Environmental Documents were released for public review, reduce all environmental impacts to less than a significant level. Section 5. Comments received during the public review process of the Environmental Documents and responses thereto are contained in Exhibit A, attached hereto and incorporated herein, and based on such comments and responses, the City Council finds that the comments did not identify new significant impacts associated with the Project, identify new mitigation measures or challenge the adequacy of the mitigation measures contained in the Mitigated Negative Declaration and, therefore, do not include new information or substantial evidence that a potential environmental effect may occur as a result of the Project. Section 6. The City Council has reviewed and considered the information contained in the Environmental Documents and has evaluated all comments received during the public review process and responses prepared thereto, prior to adopting this resolution and acting on the DDA. Section 7. The City Council hereby finds, on the basis of the whole record before it (including the Environmental Documents, comments received and responses thereto, and the specific findings described in Exhibit B attached hereto and incorporated herein) that there is no substantial evidence that the Project will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. Section 8. The City Planning and Building Department is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's approval of the Mitigated Negative Declaration is based. Section 9. The City Council hereby adopts the Mitigated Negative Declaration, including all mitigation measures set forth in the Conditions of Approval of the Mitigated Negative Declaration, as identified in the Environmental Documents. Section 10. For purposes of reporting on and monitoring the mitigation measures incorporated into the Mitigated Negative Declaration, the City Council hereby adopts the Mitigation Monitoring Program set forth in Exhibit C attached hereto and incorporated herein. Section 11. The City Council hereby approves the DDA in substantially the form on file with the Secretary of the Commission. Section 12. The City Clerk is hereby authorized to file a Notice of Determination with the County Clerk of the County of Alameda and the Office of Planning and Research following adoption of this resolution by the City Council. EXHIBIT "A" MEMORANDUM DATE: April 19, 2005 TO: Ms. Cynthia Eliason Supervising Planner City of Alameda Planning and Building Department FROM: John Wagstaff PROJECT: Alameda Theater, Cineplex and Parking Structure Project SUBJECT: Responses to Public Comments Received on the December 2004 Draft Initial Study /Environmental Assessment for the Proposed Alameda Theater, Cineplex and Parking Structure The Draft Initial Study /Environmental Assessment for the Alameda Theater, Cineplex and Parking Structure Project (Draft IS /EA), dated December 6, 2004, was released for public review on Thursday, December 9, 2004. Implementation of the project will require local (City and CIC), state (State Office of. Historic Preservation) and federal (HUD) approval actions, and therefore invokes the environmental documentation requirements of both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Under the CEQA Guidelines (Governor's Office of Planning and Research, California Environmental Quality Act and Guidelines, 2004), the City of Alameda is the "lead agency" having primary responsibility for approving and carrying out the project, and for completing the associated CEQA environmental documentation process. It has also been mutually agreed upon between the City and HUD that the City, as the prospective recipient of HUD assistance for the project, will be the "responsible entity" for the NEPA environmental documentation process- -i.e., will assume NEPA environmental review responsibilities for the proposed HUD assistance action, pursuant to HUD Regulations Governing Environmental Review Procedures for. Entities Assuming HUD Environmental Responsibilities.' The CEQA and NEPA laws establish similar environmental documentation processes. For projects which invoke both CEQA and NEPA, "Lead Agencies " / "Responsible Entities" are encouraged to prepare joint CEQA/NEPA documents. The City and HUD have agreed that a joint CEQA/NEPA environmental document is appropriate for the Alameda Theater Rehabilitation /Cineplex/Parking Structure project. It has also been determined by the City that the joint environmental document shall take the form of a CEQA- authorized Mitigated Negative Declaration (MND) supported by an Initial Study (IS),2 and a NEPA- authorized Mitigated Finding of No Significant Effect 'Code of Federal Regulations, Title 24, section 58 (24 CFR 58). 2CEQA Guidelines section 15071(d). C: IDOCUMEE11cel lasonfLOCALS- 11TempW -19 -05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 2 (Mitigated FONSI) supported by an Environmental Assessment3- -i.e., a joint Initial Study/ Environmental Assessment (IS /EA) document. Pursuant to both CEQA4 and HUD5 requirements, copies of the Draft IS /EA document have been made available through State (State Clearinghouse) and local (City of Alameda) libraries. A copy of the Draft IS /EA has also been available on the City's website. Notice of availability of the Draft IS /EA for public review has been published in a local newspaper of general circulation (The Alameda Journal). Copies of the Draft IS /EA have been distributed to all known responsible and interested public agencies and individuals and groups known to be interested in the proposed project activities. The California Environmental Quality Act (CEQA) Guidelines6 and HUD Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities' stipulate that the lead agency and responsible entity (the City) must consider the proposed Mitigated Negative Declaration (MND) and Finding of No Significant Impact (FONSI), together with any associated comments received, before approving the project. Under CEQA, the lead agency must provide a public review period of not less than 30 days for a proposed mitigated negative declaration (MND) that has been submitted to the State Clearinghouse (SCH) for review by state agencies.s Similarly, under HUD Environmental Review Procedures, if a FONSI has been prepared, the issuing office (i.e., the responsible entity) must provide a 15 -day public comment period for public review of the supporting EA before taking action on a project.9 In accordance with these requirements, this memorandum includes the following: (1) a list of all comments received during and after the public review period pertaining to the project or the associated Draft IS /EA; (2) the responses of the IS /EA authors to all of the listed comments received pertaining to the content, adequacy, and conclusions of the Draft IS /EA; and a set of revisions (errata) to the Draft IS /MND text (Attachment 1 hereto) made in response to comments received. (3) As the responses which follow explain, none of the comments received or associated revisions (Attachment 1) change the Draft IS /EA (MND /FONSI) report conclusion that, with implementation of the mitigations identified in the report (summarized in section 2 of 340 CFR Section 1508.13. 4CEQA Section 15072. 524 CFR 58.43. 6California Public Resources Code section 21091(f); CEQA Guidelines section 15074(b). 'Code of Federal Regulations (CFR) Title 24 (Housing and Urban Development), Part 58, Section 58.43. 8CEQA Guidelines section 15073. 924 CFR 58.45. C: IDOCUME- 1lceliasonlLOCALS-- 11Templ4 -19-05 responses memo 647.doc Memorandum Wagstaff and Associates April 19, 2005 Page 3 the report), the proposed Alameda Theater, Cineplex and Parking Structure project will have no significant environmental effects. I. RESPONSES TO WRITTEN COMMENTS A. WRITTEN COMMENTS RECEIVED During the.30 -day public review period, the City received written comments (letters, faxes and e- mails) from the following four agencies and individuals pertaining to the project and/or the Draft IS /EA (MND / FONSI): 1. Monika Slay Pitchford, 1835 Nason Street, Alameda; December 21, 2004 2. David J. Rehnstrom, Senior Civil Engineer, for William R. Kirkpatrick, Manager of Water Distribution Planning, East Bay Municipal Utility District; December 30, 2004 3. Christopher Buckley, Chair, Preservation Action Committee, The Alameda Architectural Preservation Society; January 10, 2005 4. Terry Roberts, Director, State Clearinghouse, State of California Governor's Office of Planning and Research; January 10, 2005 After the close of the 30 -day review period (January 7, 2005) the following two additional letters were received by the City pertaining to the project and/or the Draft IS /EA (MND / FONSI): 5. Terry Roberts, Director, State Clearinghouse, State of California Governor's Office of Planning and Research; January 20, 2005 (forwarding letter 6) 6. Timothy C. Sable, District Branch Chief, State of California Department of Transportation; January 19, 2005 B. RESPONSES TO WRITTEN COMMENTS Written comments received which pertain to an environmental point and/or to the adequacy of the Draft IS /EA (MND/FONS1) are coded and paraphrased below, followed by the response of the Draft IS /EA authors. The verbatim written comments (letters) with corresponding coding (added to the margins) are also attached hereto (Attachment 2). Letter 1: Monika Slay Pitchford, 1835 Nason Street, Alameda; December 21, 2004 Comment 1.01: Commenter expresses opposition to theater expansion, stating belief that Alameda cannot support a seven -to- eight- screen multiplex. Commenter expresses support for the refurbishing of the theater only, stating that the project should stop there. Response 1.01: These comments include no specific reference to the content or adequacy of the Draft IS /EA (MND /FONSI); rather, the comments pertain to the perceived viability and merits of the project. These comments will be considered by the City in its deliberations on the project. C: I DOCUME- 1lceliasontLOCALS -11 Templ4 -19 -05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 4 Comment 1.02: Commenter expresses strong opposition to the project design ( "huge blank box "), and suggests that if the theater must be extended, 'Why not mimic the design of the existing theater so that the new building blends with the old one." Response 1.02: These comments include no specific reference to the content or adequacy of the Draft IS /EA (MND /FONSI); rather, the comments pertain to the perceived merits of the project. These comments will be considered by the City in its deliberations on the project, including design review. It should be noted in response to the suggestion regarding mimicking the design of the existing Alameda Theater in the new building ( cineplex and parking structure) design, that given the "historic resource" status of the existing theater, the design of the proposed theater rehabilitation and adjacent cineplex and parking structure components will be subject to `The Secretary of the Interior's Standards for Rehabilitation" (see Mitigations AES -1 and HIST -1 and related discussions on Draft IS /EA pages 2 -3, 2 -4, 3 -8, 3 -15, 3 -16, and 3 -17). These standards specifically state that "Each [historic] property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historic development, such as adding conjectural features or elements from other buildings, shall not be undertaken." The standards also specifically state that "New additions, exterior alterations, or related new construction shall...be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment." Letter 2: David J. Rehnstrom, Senior Civil Engineer, Water Service Planning, for William R. Kirkpatrick, Manager of Water Distribution Planning, East Bay Municipal Utility District; December 30, 2004 Comment 2.01: The commenter describes existing EBMUD water service provisions to the existing property (EBMUD's Central Pressure Zone) and recommends that, if additional water service is needed to serve the project, including water service for fire sprinkler protection, the project sponsor should contact EBMUD's New Business Office, and associated "substantial lead time" should be provided for in the project development schedule.. Response 2.01: The comments include no specific reference to the content or adequacy of the Draft IS /EA (MND /FONSI); rather, the comments provide helpful guidance to the City and CIC regarding subsequent development design coordination with EBMUD and overall development scheduling. The comments are acknowledged and appreciated by the City. The City of Alameda CIC will conduct the necessary contacts and consultation with EBMUD. Comment 2.02: The commenter describes existing EBMUD wastewater service to the existing property and recommends that the project sponsor (the CIC) should confirm with the City's Public Works Department that there is available . treatment capacity within the local subbasin flow allocation to serve the project. The commenter states that it is not possible to make a determination that the increased wastewater treatment demand from the project would be less -than- significant without having this confirmation from the City. The commenter therefore suggests that the MND include the following language: `The City of CA DOCUME- 1lceliasontLOCALS-- 11Templ4 -19-05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 5 Alameda Public Works Department has confirmed that there is available wastewater capacity within subbasin (insert subbasin number here) that is reserved for this project." Response 2.02: In response to this comment, the suggested mitigation language (with the identified subbasin number) has been added to Draft IS /EA pages 3 -44 and 4 -29. See associated errata in Attachment 1 (Revisions to the Draft IS /EA attached hereto). Comment 2.03: The commenter suggests a revision to the wording on Draft IS /EA page 3 -44 regarding possible replacement or rehabilitation of the existing sanitary collection system serving the project site to clarify that such improvements could occur both on -site and off-site. Response 2.03: Comment acknowledged. The suggested revision (removal of the words "off- site ") has been made to Draft IS /EA page 3 -44. See this change to page 3 -44 in Attachment 1 (Revisions to the Draft IS /EA) attached hereto. Letter 3: Christopher Buckley, Chair, Preservation Action Committee, The Alameda Architectural Preservation Society; January 10, 2005 Comment 3.01: Commenter states that the Alameda Architectural Preservation Society (AAPS) believes that it is inappropriate to use visual simulations and elevations, as presented, as the basis for various conclusions made in the Draft IS /MND concerning the aesthetic and cultural resources impact of the proposed new project structures. The commenter states that the simulations and evaluations show a degree of architectural refinement that is premature, given the actual status of the City's design review process for this project ( "not yet started and the garage architect has not even been selected "). The commenter also states that "the facades shown on the simulations and elevations are not the same, so it is not clear which design treatment is being evaluated." Response 3.01: The two visual simulations included in Appendix E of the Draft IS /EA to which the commenter alludes, Figures 9 (Visual Simulation of View from Central Avenue) and 10 (Visual Simulation of View from Oak Street), on pages A -14 and A -15, respectively, have been prepared by an independent visual simulation computer consultant retained by the IS /EA consulting authors. The simulations have been prepared to show the basic massing and component characteristics of the project, and are based on preliminary architectural concept drawings and associated preliminary information on both the proposed cineplex and parking structure components of the project provided in October 2004 by the current planning architects. The Draft IS /EA document also includes one "Proposed Project Conceptual Elevation" exhibit, Figure 8 on page A -13, provided to the Draft IS /EA authors at a later date (November 2004). The project design process is ongoing. These visual simulations and architectural elevations include the level of preliminary conceptual detail available at that time from the CIC and its planning architects. These exhibits are intended to provide preliminary, "conceptual" depictions of the potential basic project appearance- - i.e., building height, building mass, and building finish relationships to the adjacent existing theater and surrounding properties (i.e., historic and cultural resource values). The developer will present more specific architectural designs as part of subsequent project approval phases. C: IDOCUME- 1lcel iason1LOCALS- 11Templ4 -19 -05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 6 The conceptual elevations included in Figure 8 were prepared at a latter date than the visual simulations on Figures 9 and 10, and are intended to test alternative design concepts for architectural detail and articulation on the northwest (Central Avenue) and northeast (Oak Street), including some preliminary proposals for horizontal banding and a different architectural bay configuration (curved) than depicted on Figures 9 and 10. These differences do not affect the impact conclusions and mitigation recommendations of the Draft IS /EA with regard to project aesthetic and cultural resource impacts- -i.e., Impacts and Mitigations AES -1 (Project Visual Compatibility Impact) on pages 2 -2 and 2 3 and 3 -6 through 3 -9, and HIST -1 (Potential Project Design Effects on Historic Resources) on pages 2 -3 and 2 -4 and 3 -15 through 3 -17. Following normal City . practice, the project design review process is ongoing and such design changes and refinements were anticipated by the Draft IS /EA authors to continue after City adoption of the project CEQA/NEPA documentation. Following normal practice, mitigation recommendations, included in the Draft IS /EA pertaining to the project's potential aesthetic and historic /cultural resource impacts have been formulated in anticipation of future design review and refinement, and are therefore formulated in the form of design guidelines and precautions for consideration in that process. The following key Draft IS /EA impact statements are not affected by current differences in, and will not be affected by future revision to, the project architectural details as the design is refined through the course of the City's normal design review process [bold type added for reemphasis]: Page 3 -8 (Impact AES -1): "It appears that the current conceptual project design would have a positive (beneficial) visual impact in improving the visual compatibility of the project site, and in general, would visually enhance the surrounding Central Avenue and Oak Street streetscapes, as well as the overall Park Street Historic Commercial District east of the project site. The project design appears to be consistent with applicable City of Alameda General Plan policies pertaining to Downtown visual, aesthetic and urban design factors, and with applicable U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration. Specifically, the current conceptual design includes building heights, scales, and setbacks which are compatible with opposite streetscapes and the adjacent Park Street Historic Commercial District, as well as building placement, height, scale, massing, materials and finishes which appear to be visually sensitive and compatible with the Alameda Theater and surrounding historic and potentially historic structures. "Nevertheless, until the project architectural details are finalized, and these preliminary conclusions can be approved by the City of Alameda Historical Advisory Board and City of Alameda Planning Board during the City- required discretionary review process, it is assumed that the project final architectural design may have a potentially significant adverse visual compatibility impact." Page 3 -8 (Mitigation AES -1, as revised for clarification): "Issuance of a Certificate of Approval by the City's Historic Advisory Board for structural alterations to the Alameda Theater with project review and comments to the Alameda Planning Board and design review and approval by the Planning Board would be required to finalize the architectural design of the proposed project. To ensure that the final, more detailed project architectural design remains consistent with pertinent City visual and urban design policies and with state and federal historic preservation standards- -i.e., the U.S. Secretary of the C: IDOCUME- ilcel lasonlLOCALS- 11Temp14 -19 -05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 7 Interior's Standards for Rehabilitation and Restoration, retain an independent historic preservation professional to review the project plans and specifications for consistency with these policies and standards. The retained independent professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning and/or Architectural History. Final Historical Advisory Board certification of the structural alterations to the Alameda Theater and review and Planning Board approval of the project architectural design review shall include consideration of these independent review findings and any associated design refinement recommendations. Project commitment to this mitigation measure would ensure that any adverse project visual incompatibility impacts would be reduced to a less - than - significant level." Page 3 -16 (Impact HIST -1, as revised for clarification): "An independent Section 106 review by Carey & Co., historic preservation architects (Attachment D), concludes that the preliminary theater rehabilitation design plans (October 2004) comply with the Secretary of the Interior's standards and their effects would therefore be less than adverse and in most cases beneficial, with overall positive impacts on the Alameda Theater historic resource. In addition, the Carey & Co. review has determined that the proposed project, including the new cineplex and parking structure components, would not have an adverse effect on the Park Street Historic Commercial District, and would not have an adverse effect on other identified and potential historic resources surrounding the project site. "However, review of final project design details and specifications would be necessary to ensure that the final design of the theater rehabilitation/ restoration and adjacent cineplex and parking structure components continues to comply with the Secretary of the Interior's standards. Therefore, until the project achieves design review approval by the City of Alameda Planning Board, based in part on the review and comment by the Historical Advisory Board and the findings and recommendations of an independent professional engaged in preservation- -i.e., is determined by the Board to be consistent with City- adopted standards for design review and with applicable Secretary of the Interior Standards for Historic Rehabilitation and Restoration, it is assumed that the project may have a significant adverse effect on the historic Alameda Theater." Page 3 -17 (Mitigation HIST -1, as revised for clarification): `To assure project compliance with City policies and standards and state and federal standards pertaining to the protection of historic resources (i.e., the Secretary of the Interiors Standards), issuance of the required Certificate of Approval for the structural alterations to the Alameda Theater by the City's Historical Advisory Board, and the required final design review and approval of the entire project by the City of Alameda Planning Board, shall include consideration of an independent review of the final project plans and specifications by a professional engaged in historic preservation. The review professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning, and/or Architectural History. Project commitment to this mitigation measure would reduce this impact to a less- than - significant level." C: IDOCUME. 11celiasonlLOCALS -- 1ITempW -19 -05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 8 The specific concerns expressed in this comment regarding the "highly Modernistic architecture" depicted in conceptual design materials released to date, and the suggestions regarding a higher degree of articulation on the building surfaces, will be considered by the City in the subsequent design review process mentioned to in the Draft IS /EA mitigation language excerpts above. Additional more detailed architectural exhibits will be provided for City design review as the project advances. The commenter suggests that revisions to the visual simulations be included in the Draft IS /EA, including suggested simplification of the simulations to eliminate implied surface materials and textures. Such revisions would not change the Draft IS /EA impact or mitigation findings. The commenter has also suggested deletions of all Draft IS /EA references to "architectural features," "finishes," "exterior design," "architectural details" and "project design." Such changes would not change any Draft IS /EA impact findings. Nevertheless, some of the commenter's suggested edits represent improvements to the Draft IS /EA and have been incorporated verbatim or in variation by the Draft IS/EA authors and included in Attachment 1 (Revisions to the Draft IS /EA) attached hereto (see revisions to Draft IS /EA pages 3 -6, 3 -7, 3- 8, 3 -16, 4 -6, and 4 -7). In addition, the remaining suggested changes, and the marked up (edited) versions of the Draft IS /EA submitted by the commenter, are attached hereto within Attachment 2 of this response -to- comments memo for consideration by the City in its deliberations on the Draft IS /EA and the project. Letter 4: Terry Roberts, Director, State Clearinghouse, State of California Governor's Office of Planning and Research; January 10, 2005 Comment 4.01: Notice provided that City has complied with State Clearinghouse review requirements for draft environmental documents, pursuant to CEQA. No State agencies submitted comments. Response 4.01: No response necessary. The following two additional letters were received after the close of the 30 -day public review period on the Draft IS/EA: Letter 5: Terry Roberts, Senior Planner, State Clearinghouse, State of California Governor's Office of Planning and Research; January 20, 2005 Comment 5.01: Comment transmits January 19, 2005 letter from Caltrans, and indicates that Caltrans letter was received after the end of the state review period on the Draft IS /MND, which closed on January 7, 2005. The commenter explains that CEQA does not require lead agencies to respond to late comments, but encourages lead agencies to "incorporate these additional comments into your final environmental document." . Response 5.02: Comment acknowledged. Please see Letter. 6 comments and responses which follow. CA DOCUME- 1lcellasonlLOCALS-- 11Templ4 -19-05 responses memo 647.doc Memorandum April 19, 2005 Wagstaff and Associates Page 9 Letter 6: Timothy C. Sable, District Branch Chief, State of California Department of Transportation (Caltrans); January 19, 2005 Comment 6.01: The commenter requests that the lead agency provide the traffic analysis, dated December 2004, mentioned on page 3 -36 of the Draft IS /EA. Response 6.01: In response to this comment, City staff has forwarded a copy of the full December 2004 traffic analysis to the commenter. Comment 6.02: The commenter requests that project effects on intersections along Encinal Street (State Route 61) be evaluated. Response 6.02: Based on the IS /EA initial traffic analysis screening exercise, it was determined that the project would not have a significant impact on these intersections. CA DOCUME-- 11cellasonILOCALS- 11Temp14 -19 -05 responses memo 647.doc ATTACHMENT 1 REVISIONS TO THE DRAFT IS /EA Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 3-6 3.4 ENVIRONMENTAL IMPACTS 3.4.1 Aesthetics. Would the project: a. Have a substantial adverse effect on a scenic vista? Answer: LESS - THAN - SIGNIFICANT IMPACT Explanation: The project site and vicinity are designated for relatively intensive urban development in the City of Alameda General Plan and are already substantially urbanized. The project would not have a substantial adverse effect on a scenic vista. Other than the surrounding views of the massive, Art Deco, Alameda Theater structure, there are no identified scenic vistas through the project site towards onsite or surrounding visual features. Project impacts on the visual quality of the Alameda Theater and the remainder of the project site and surroundings, are further described under items b, c and d below. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Answer: POTENTIALLY SIGNIFICANT IMPACT UNLESS MITIGATION INCORPORATED Impact AES -1: Note: The following impact and mitigation conclusions are excerpted from Attachment C: Aesthetic Impacts Analysis. Project Visual Compatibility Impact. Based on independent review of the project preliminary design package, the environmental consultants, with the assistance of Carey & Co., Inc., historic preservation architects, have determined the following: • the historic Alameda Theater structure would be used for its historic purpose with minimal change to its defining characteristics; • the distinctive features and finishes that characterize the theater, including its Art Deco marquees, fluting and bas - relief ornamentation, would be preserved; ■ the deteriorated and modified Art Deco storefronts which flank the theater entrance would be substantially repaired and restored; C:IWDIJOBS16471PRDIMND -EA 647 -sec 3 errata.doc Wagstaff and Associates City of Alameda April 19, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 2 -3 2.2 SUMMARY OF ENVIRONMENTAL ASSESSMENT (NEPA) FINDINGS The specific findings of the Environmental Assessment component of this joint document are included in chapter 4 and are summarized below. With the inclusion of the mitigation measures specified in this document, the project is anticipated to have no significant impact on the environment. Environmental Factor Project Impact • Conformance with Comprehensive Plans and Zoning • Compatibility and Urban Impact • Employment and Income Patterns • Commercial Facilities • Open Space and Recreation -- Recreation Potentially beneficial • Transportation • Soil Suitability • Hazards and Nuisances including Site Safety • . Noise: Contribution to Community Noise Levels • Air Quality: Contribution to Community Pollution Levels • Environmental Design: Visual Quality -- Coherence, Diversity, Compatible Use and Scale Requires mitigation - • All other environmental factors No impact 2.3 CONDITIONS OF APPROVAL (LIST OF MITIGATIONS) The mitigations listed below represent Conditions for Approval adopted by the City of Alameda (the Lead Agency under CEQA and the Responsible Entity under NEPA) to eliminate or minimize adverse environmental impacts, pursuant to CEQA and NEPA, as amended. These conditions must be included in project contracts and other relevant documents as requirements [CEQA Guidelines section 15070, 24 CFR 58.40(d), and 40 CFR 1505.2(c)]. See chapter 3 (the CEQA Initial Study Evaluation) and chapter 4 (the NEPA Environmental Assessment) of this joint document for a more detailed explanation of these impact and mitigation findings. Mitigation AES -1: Project Visual Compatibility Impact. Issuance of a Certificate of Approval by the City's Historic Advisory Board for structural alterations to the Alameda Theater with project review and comments to the Alameda Planning Board and design review and approval by the Planning Board would be required to finalize the architectural design of the proposed project. To ensure that the final, more detailed project architectural design remains consistent with pertinent City C:ID000ME -11cm userILOCALS- 11TempIMND -EA 647-sec 2 errata pages.doc Wagstaff and Associates City of Alameda April 19, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Protect Page 2 -3 visual and urban design policies and with state and federal historic preservation standards- -i.e., the U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration, retain an 1 independent historic preservation professional to review the project plans and specifications for consistency with these policies and standards. The retained independent professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning and/or Architectural History. Final Historical Advisory Board certification of the structural alterations to the Alameda Theater and Planning Board approval of the project design review shall include consideration of these independent review findings and any associated design refinement recommendations. Project commitment to this mitigation measure would ensure that any adverse project visual incompatibility impacts would be reduced to a less - than - significant level. Mitigation AQ -1: Construction - Period Dust Impacts. Reduce the severity of project demolition and construction period dust impacts by requiring implementation of the following or similar standard, BAAQMD- approved dust control measures (final list shall be determined to City satisfaction): (a) Periodically water all active demolition and construction areas; (b) Pave, periodically water, or apply (non- toxic) soil stabilizers on all exposed graded areas, unpaved access drives, unpaved parking areas, and /or unpaved staging areas at the construction site; (c) Sweep daily (with water sweepers) adjacent public streets and haul routes, as well as all paved access drives, parking areas, and staging areas at the construction site; (d) Periodically sweep (with water sweepers) any visible soil material carried onto adjacent public streets; (e) Cover all hauling trucks or maintain at least two feet of freeboard; (f) Enclose, cover, periodically water, or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); (g) Install sandbags or other erosion control measures to prevent silt runoff to public roadways; (h) During high wind periods, suspend any activities that cause visible dust plumes that cannot be controlled by watering. Project commitment to these or a similar set of City- approved mitigation measures would reduce this impact to a less - than - significant level. Note: The project may also result in short-term air quality impacts associated with disturbance of contaminated soils. Mitigation requirements for this potential construction period impact are described in Section 3.4.7 herein under Mitigation HAZ -2. Mitigation HIST -1: Potential Project Design Effects on the Historic Resources. To assure project compliance with City policies and standards and state and federal standards pertaining to the protection of historic resources (i.e., the Secretary of the Interiors Standards), issuance of the required Certificate of Approval for the structural alterations to the Alameda Theater by the City's Historical Advisory Board, and the required final design review and approval of the entire project by the City of Alameda Planning Board, shall include consideration of an independent review of the final project plans and specifications C:ID000ME -11cm userILOCALS- 11TempIMND -EA 647- sec 2errata pages.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Protect Page 3 -7 • the preliminary, conceptual design for the project indicates that the adjacent new cineplex structure would be visually differentiated from the original historic Alameda Theater structure by a lower building height and an exterior wall recess where the two buildings meet, and would feature compatible massing and scale; ■ the preliminary, conceptual design for the project indicates that the new cineplex and parking structure additions would be designed in such a manner that if removed in the future, the essential form and integrity of the Alameda Theater would be unimpaired; ■ the preliminary, conceptual design for the project indicates that the new cineplex and parking structures would include building heights, massing, setbacks, and finishes which are reflective and respective of existing historic and architecturally significant structures on the opposite sides of Central Avenue and Oak Street (Le., the Alameda High SchooVAlameda Adult School building, Twin Towers Methodist Church, and Alameda Free Library); • the preliminary, conceptual design for the project indicates that the architectural features of the new cineplex facade along Central Avenue would have an appropriate zero -lot -line relationship to the sidewalk and street; would respect, maintain and enhance the visual distinctiveness and prominence of the, historic Alameda Theater structure; would effectively enhance the desired pedestrian character of the site's Central Avenue frontage; and would be visually harmonious in height and finish (texture) with the existing, architecturally distinctive Twin Towers Methodist Church on the opposite (northwest) corner of the Oak Street and Central Avenue; • the preliminary, conceptual design for the project indicates that the architectural features of the new parking structure facade along Oak Street would also have an appropriate zero -lot -line relationship to the sidewalk and street and would be visually harmonious in height and finish (brick veneer) with the existing Alameda Free Library structure on the opposite side of the Oak Street; ■ the preliminary, conceptual design for the project indicates that the intensive zero -lot -line architectural elements of the new cineplex structure and new parking structure, including their ground floor retail storefronts, would serve to balance the affected Central Avenue and Oak Street streetscapes, visually unify the block, create an appropriate sense of place around C :IWDIJOBS16471PRDIMND -EA 647 -sec 3 errata.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 3 -7A the Alameda Theater, and introduce needed visual cohesiveness within the block and between the block and surrounding downtown blocks; • the preliminary, conceptual design for the project indicates that the project exterior design concept appears to be generally consistent with City- adopted visual and urban design policies for the Downtown and Park Street area; and C:IWDIJOBS16471PRD1MND -EA 647 -sec 3 errata.doc Wagstaff and Associates City of Alameda April 19, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 3 -8 • the preliminary, conceptual design for the project indicates that the project preliminary exterior design concept appears to be in compliance with U.S. Secretary of the Interiors Standards for Rehabilitation and Restoration, including standards pertaining to preserving the visual and historic integrity of the onsite Alameda Theater, and standards pertaining to protection of surrounding historic and potentially historic resources. It appears that the current conceptual project design would have a positive (beneficial) visual impact in improving the visual compatibility of the project site, and in general, would visually enhance the surrounding Central Avenue and Oak Street streetscapes, as well as the overall Park Street Historic Commercial District east of the project site. The preliminary design concept appears to be consistent with applicable Citv of Alameda General Plan policies pertaining to Downtown visual, aesthetic and urban design factors, and with applicable U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration. Specifically, the current conceptual design includes building heights, scales, and setbacks which are compatible with opposite streetscapes and the adjacent Park Street Historic Commercial District, as well as building placement, height, scale, massing, materials and finishes which appear to be visually sensitive and compatible with the Alameda Theater and surrounding historic and potentially historic structures. Nevertheless, until the project architectural details are finalized, and these preliminary conclusions can be verified by the City of Alameda Historical Advisory Board and City of Alameda Planning Board during the City- required discretionary review process, it is assumed that the project final architectural design may have a potentially significant adverse visual compatibility impact. Explanation: See Attachment C: Aesthetic Impact Analysis, for a more detailed explanation of the Impact AES -1 finding above and Mitigation AES -1 finding below. Issuance of a Certificate of Approval by the City's Historic Advisory Board for structural alterations to the Alameda Theater with project review and comments to the Alameda Planning Board and design review and approval by the Planning Board would be .required to finalize the architectural design of the proposed project. To ensure that the final, more detailed project architectural design remains consistent with pertinent City visual and urban design policies and with state and federal historic preservation standards- -i.e., the U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration, retain an independent historic preservation professional to review the project plans and specifications for consistency with these policies and standards. The retained independent professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning and/or Architectural History. Final Historical Advisory Board certification of the structural alterations to the Alameda Theater and Planning Board approval of the project design review shall Mitigation AES -1: C:ID000ME --11cm user.LOCALS- 11TempIMND -EA 647 -sec 3 errata pages.doc Wagstaff and Associates Draft MND /MFONSI City of Alameda Alameda Theater, Cineplex and Parking Structure Project April 19, 2005 Page 3.16 Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. An independent Section 106 review by Carey & Co., historic preservation architects (Attachment D), concludes that the preliminary theater rehabilitation design plans (October 2004) comply with the Secretary of the Interior's standards and their its effects would therefore be Tess than adverse and in most cases beneficial, with overall positive impacts on the Alameda Theater historic resource. In addition, the Carey & Co. review has determined that the proposed project, including.the new cineplex and parking structure components, would not have an adverse effect on the Park Street Historic Commercial District, and would not have an adverse effect on other identified and potential historic resources surrounding the project site. However, review of final project design details and specifications would be necessary to ensure that the final design of the theater rehabilitation /restoration and adjacent cineplex and parking structure components continues to comply with the Secretary of the Interior's standards. Therefore, until the project achieves design review approval by the City of Alameda Planning Board, based in part on review and comment by the Historical Advisory Board and the findings and recommendations of an independent professional engaged in preservation- -i.e., is determined by the Planning Board to be consistent with City- adopted standards for design review and with applicable Secretary of the Interior standards for historic rehabilitation and restoration, it is assumed that the project may have a significant adverse effect on the historic Alameda Theater. Explanation: The proposed project includes the historic rehabilitation of the existing 1932 Art Deco style Alameda Theater structure to create a restored, 500 -seat cinema, and construction of a new cineplex, retail, and parking structure adjacent to the restored theater structure. The Alameda Theater is a locally - listed Alameda Historic Monument (1975) and is listed in the National Register of Historic Places (NRHP) as a contributing structure within the National- register listed Park Street Historic Commercial District (see Figure 3 in Attachment A). HUD BEDI grant funds and HUD Section 108 loan guarantee funds are being requested by the City to help finance the parking structure component of the project (see page 4 -1 of this document). Section 106 of the NHPA requires federal agencies to review and consider the impacts of their undertakings, including grants and loans, on historic properties. Pursuant to this requirement, an independent Section 106 review of the potential impacts of the proposed project on the Alameda Theater, other surrounding historic resources, and the Park Street Historic Commercial District, has been completed by Carey & Co., historic preservation architects, under contract to the environmental documentation authors, Wagstaff and Associates. A Draft version of the Carey & Co. Section 106 report is attached to this environmental document as Attachment D. The Impact HIST -1 finding above and Mitigation HIS -1 finding below are C: IDOCUME- 11crn_user1LOCALS- 11TempIMND -EA 647 -sec 3 errata pages.doc Wagstaff and Associates City of Alameda April 19, 2005 Mitigation HIST -1: Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 3-17 derived from Attachment D. Please refer to Attachment D for explanatory details. (In particular, see Attachment D, pages 44 through 50.) To assure project,compliance with City policies and standards and state and federal standards pertaining to the protection of historic resources (i.e., the Secretary of the Interiors Standards), issuance of the required Certificate of Approval for the structural alterations to the Alameda Theater by the City's Historical Advisory Board, and the required final design review and approval of the entire project by the City of Alameda Planning Board, shall include consideration of an independent review of the final project plans and specifications by a professional engaged in historic preservation. The review professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning, and/or Architectural History. Project commitment to this mitigation measure would reduce this impact to a less- than - significant level. Impact HIST -2: Potential Project Construction Period Effects on the Historic Alameda Theater. Carey & Company has also concluded that construction of the new cineplex and parking structure foundations and walls, and other project construction activities including operation of equipment and storage of materials, could have an adverse effect on the existing historic Alameda Theater resource. In particular, operation of construction equipment and storage of construction materials could potentially damage the west elevation (Central Avenue frontage) of the existing historic theater, representing a potentially significant adverse impact. The Carey & Company review has also concluded that the proposed demolition of the Video Maniacs commercial /retail structure would take place far enough away from the existing historic theater so that this activity would not cause direct effects to the theater. Mitigation HIST -2: As part of the formal agreement with the project sponsor, the project demolition and construction manager(s) shall include provisions in the project demolition and construction specifications, subject to review and approval by the City, establishing a training program for construction workers emphasizing the importance of protecting historic resources. The provisions shall include directions on being careful when working around and operating equipment near the Alameda Theater; taking reasonable means to minimize vibration from demolition and excavation; and watching, being aware of and reporting to the project sponsor any potential actions or problems that could adversely affect the historic theater or other historic resources in the area. Project commitment to this mitigation measure would reduce this impact to a less - than - significant level. C:ID000ME --11cm userILOCALS- 11TempIMND -EA 647 -sec 3 errata pages.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 3-44 (large parking structure). Because this disruption would occur for short durations and only at a few select locations in Downtown, it would not be considered a significant transportation impact. 3.4.16 Utilities and Service Systems. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Answer: Explanation: LESS - THAN - SIGNIFICANT IMPACT Due to the intensification of use at the site, development of the proposed project would incrementally increase the demand for water and sewer service. The City of Alameda Public Works Department has confirmed that there is available wastewater capacity within Subbasin 94E that is reserved for this project. Any necessary local sanitary sewer system improvements would be required to be incorporated into the project design to City and EBMUD satisfaction. The City would require that any existing sanitary sewer pipes not requiring replacement be inspected, and any inflow and infiltration from open joints, broken pipes, etc., be rehabilitated by means acceptable to the City Engineer (e.g., slip lining, pipe bursting, replacement, inversion lining). b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Answer: LESS - THAN - SIGNIFICANT IMPACT Explanation: Existing municipal sewer mains are located under the adjacent roadway system, sized to serve commercial buildout and full occupancy of the project block under current zoning. In accordance with standard City procedure, the project would be required to provide sanitary sewer calculations that compare total projected peak flows with historical (Le., previous full occupancy) peak flows, and to incorporate any necessary local sanitary sewer improvements into the project design to City satisfaction. Although there would be an increase in average daily wastewater flow over the current amount from the project site due to the addition of the cineplex and new retail uses, the project would not be expected to require the construction of new wastewater collection or treatment facilities, or the expansion of existing wastewater treatment facilities. CAWDUOBS16471PRDIMND -EA 647 -sec 3 errata.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 4 -6 STATUTORY CHECKLIST 124 CFR §58.5J Record the determinations made regarding each listed statute, executive order or regulation. Provide appropriate source documentation. [Note reviews or consultations completed as well as any applicable permits or approvals obtained or required. Note dates of contact or pages references.] Provide compliance or consistency documentation. Attach additional material as appropriate. Note conditions, attenuation or mitigation measures required. Factors Historic Preservation [36 CFR 800] Determination and Compliance Documentation Compliance steps (Conditions of Approval) have been identified. The proposed project includes the historic rehabilitation of the existing 1932 Art Deco style Alameda Theater structure to create a restored, 500 -seat cinema, plus construction of a new cineplex, retail, and parking structure adjacent to the restored theater structure. The Alameda Theater is a locally - listed Alameda Historic Monument (1975) and is listed in the National Register of Historic Places (NRHP) as a contributing structure to the adjacent National- register listed Park Street Historic Commercial District (see Figure 3 in Attachment A). HUD Section 108 loan guarantee funds and BEDI grant funds are being requested by the City to help finance the parking structure component of the project. Pursuant to Section 106 of the National Historic Preservation Act (NHPA), an independent Section 106 review of the potential impacts of the proposed project on the Alameda Theater, other surrounding historic resources, and the Park Street Historic Commercial District, has been completed by Carey & Co., historic preservation architects, under contract to the environmental documentation authors, Wagstaff and Associates. The Carey & Co. Section 106 report is attached to this environmental document as Attachment D. The existing Alameda Theater building would be rehabilitated and returned to its original use as a theater. The proposed rehabilitation is intended to comply with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The independent Section 106 review by Carey & Co. concluded that the preliminary theater rehabilitation design concept (October 2004), and the preliminary design concept for the adjacent new cineplex and parking structure components, comply with the Secretary of the Interior's standards and their potential effects on the historic Alameda Theater structure are therefore less than adverse and in most cases beneficial, with overall positive impacts on the historic resource. In addition, the Carey & Co. review has determined that the proposed project preliminary design concept, C:IWDIJOBSI6471PRDIMND -EA 647 -sec 4 errata.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 4 -7 including the preliminary design concept for the new cineplex and parking structure components, would not have an adverse effect on the Park Street Historic Commercial District, and would not have an adverse effect on other identified and potential historic resources surrounding the project site. However, review of final project design details and specifications will ultimately be necessary to ensure that the final design of the theater rehabilitation/restoration and adjacent cineplex and parking structure components continues to comply with the Secretary of the Interior's standards and this potential impact would not be significant. With implementation of mitigation HIST -1, project compliance with City policies and standards and state and federal standards pertaining to the protection of historic resources (i.e., the Secretary of the Interiors Standards) would be assured and this potential impact would not be significant. For the text of this mitigation measure, see section 2.3, "Conditions of Approval," on page 2 -3 of this document. The independent Section 106 review by Carey & Co. has also concluded that construction of the new cineplex and parking structure foundations and walls, and other project construction activities, including operation of construction equipment and storage of construction materials, could have an adverse effect on the existing historic Alameda Theater resource. In particular, operation of construction equipment and storage of construction materials could potentially damage the west elevation (Central Avenue frontage) of the existing historic theater. With implementation of mitigation measure HIST -2, this potential impact would not be significant. For the text of this mitigation measure, see section 2.4, "Conditions of Approval," on page 2 -4 of this document. The independent Section 106 review by Carey & Co. has also concluded that the proposed demolition of the Video Maniacs commerciaVretail structure would take place far enough away from the existing historic theater so that this activity would not cause direct effects to the theater. The mitigation measures described above have been incorporated into the project Conditions of Approval (see section 2.3 herein) to ensure project compliance with 36 CFR 800. Floodplain Management [24 CFR 55, Executive Order 11988] Compliance steps are not invoked. The project does not involve property acquisition, land management, construction or improvement within a 100 year floodplain (Zones A or V) or 500 year floodplain (Zone B) identified on a Federal C:IWDIJOBSI647IPRDIMND -EA 647 -sec 4 errata.doc Wagstaff and Associates City of Alameda April 6, 2005 Draft MND /MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 4-29 Waste Water Storm Water 1 services in Alameda and would not require additional solid waste management facilities. Project construction has the potential to generate solid waste, especially from demolition of the existing Video Maniacs building and removal of demolition debris associated with the Alameda Theater rehabilitation. However, this increase in solid waste would not be expected to significantly affect existing landfill capacity. Construction waste would be disposed of in accordance with the provisions of Municipal Code Chapter XXI (Integrated Waste Management System). Therefore, project construction will not significantly impact solid waste management. Due to the intensification of use at the site, development of the proposed project would incrementally increase the demand for sewer service. The City of Alameda Public Works Department has confirmed that there is available wastewater capacity within Subbasin 94E that is reserved for this project. Any necessary local sanitary sewer system improvements would be required to be incorporated into project design to City and EBMUD satisfaction. Existing municipal sewer mains are located under the adjacent roadway system, sized to serve commercial buildout and full occupancy of the project block under current zoning. In accordance with standard City procedure, the project would be required to provide sanitary sewer calculations that compare total projected peak flows with historical (i.e., previous full occupancy) peak flows, and to incorporate any necessary local sanitary sewer improvements into project design to City satisfaction. Although the proposed cineplex and retail uses would increase wastewater flows from the site over current flows, the project would not require the construction of new wastewater collection or treatment facilities, or the expansion of existing wastewater treatment facilities. 1 CAWDWOBSI6471PRDIMND -EA 647 -sec 4 errafa.doc Currently, the project site is entirely covered with structures or surface parking (asphalt paving). The project would not substantially change (increase or decrease) the proportion ATTACHMENT 2 VERBATIM LETTERS RECEIVED DURING AND AFTER THE 30 -DAY PUBLIC REVIEW PERIOD FOR THE DRAFT IS /EA JAN -00 -2005 06 54PM FROM - PLANNING DEPT +5107454503 T -231 P.001/003 F -580 MONIKA SLAY PITCHFORD December 21, 2004 To the City of Alameda Planning and Building Department: I am writing to share my comments on the proposed expansion of Alameda Theater, I do not support the extension because I do not think it is a good use of city Funds. I do not believe the island can support a seven or eight screen multiplex. I predict after the initial rush of excitement for a new project, the theater will stand empty and we will wonder what we were thinking when we spent the money on the extension. I do support retur—bisl'ling tF�e existing fti raTEr, hbtveverTtiudit tie -project 91Td'i1 stop there...... If the extension of the theater does take place, I am horrified by the ugly design of the building. What is the idea behind huge blank box? Is this a serious proposal? It is hideous! If we must extend the theatez why not mimic the design of the existing theater so that the new buildin# blends in with the old one? This large flat box of a building is one of the ugliest designs I have ever seen and I would be ashamed if our city built it. Please consider finding new architects as the ones you are using now have terrible taste. Monika Slay Pitchford 00Z1Z330 RECEIRITT1 DEC 21 2004 1 ALAMI • ':.•L": 1 1835 NASON STREET • ALAMEDA, CA • 94501 510.814 -7394 JAN -03 -2008 08 :84PM FROM- PLANNING DEPT . +510T404503 T -231 P.002 /003 F -800 M • t ,4E111? EAST BAY SMUNICIP.4LLJTILFTYOI5TR/CT '�� Q . r.r. 'V ..,j.. * ........,....,..f.,...9,45, December 30, 2004 Cynthia Eliason, Supervising Planner City of Alameda Planning and Building Department 2263 Santa Clara Avenue, Room 190 Alameda, CA 94501 Dear Ms. Eliason: Re: Notice of Intent to Adopt a Negative Declaration of Environmental Significance with Mitigation Measures for Alameda '[heater, Cineplex and Parking Structure Project, Alameda East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Mitigated Negative Declaration for the Alameda Theater, Cineplex and Parking Structure Project located in the City of Alameda (City). EBMUD has the following comments. WATER SERVICE . EBMUD's Central Pressure Zone, with a service elevation range between 0 and 100 feet. provides water service to the existing property, with site elevations ranging between approximately 29 feet and 30 feet. If additional water service is needed, including water service for fire sprinkler protection, the project sponsor should contact EBMUD's New Business Office and request a watcr Service estimate to determine costs and conditions for providing additional water service to the proposed development. Engineering and installation of water services requires substantial Lead -time, which should be provided for in the project sponsor's development schedule. WASTEWATER SERVICE RIWT TTYa 'Ar i n WrstrwatPr Treenrrnt Plant is antininated to have Mean= dry weather capacity to treat the proposed wastewater flow from this project, provided this wastewater meets the standards of EBMUD's Environmental Services Division. However, the City's Infiltration/Inflow (1/I) Correction Program set a maximum allowable peak wastewater flow from each subbasin within the City and EBMUD agreed to design and construct wet weather conveyance and treatment facilities to accommodate these flows. EBIVIUD prohibits discharge of wastewater flows above the allocated peak flow for a subbasin because conveyance and treatment capacity for wet weather flows may be adversely impacted by flows above this agreed limit. The project sponsor for this projectneeds to confirm with the City's Public Works Department that there is available capacity within the subbasin flow allocation and that it has not been allocated to other 375 ELEVENTH STREET . 0411CLAND . CI AUC07. &UO . TOLL Foss 14U6.JO.EIMUO erol JAN -06 -2006 06:66PM FROM- PLANNING DEPT Cynthia Eliason, Supervising Planner December 30, 2004 Page 2 +6107464603 T -231 P.003/003 F -660 developments. It is not possible to make the determination that the increased demand would be less -than- significant without having this confirmation from the City. The projected peak wet weather wastewater flows from this project need to be determined to assess the available capacity within the subbasin and confirmation included in the Mitigated. Negative Declaration. Suggested language to include is the Mitigated Negative Declaration is as follows: "The City of Alameda Public Works Department has confirmed that there is available wastewater capacity within Subbasin (insert subbasin number here) that is reserved for this project." On page 3 -44 under Utilities and Service Systems, the Mitigated Negative Declaration states that the project will address the replacement or rehabilitation of the existing on -site sanitary sewer collection system as directed by the City to prevent an increase in I/I. Please remove the words "on- site ", as there may be new or rehabilitated sanitary sewers that are not on site but will still be required.by the City. This approach for I/I correction is acceptable to EBMUD. If you have any questions concerning this response, please contact David J. Rehnstrom, Senior Civil Engineer, Water Service Planning, at (510) 237 -1365. Sincerely, 4-au4,4•< -z... WILLIAM R. KIRKPATRICK Manager of Water Distribution Planning WRI(:ARC:sb sb04_405.dac JAN -10 -2006 08 :2TPM FROM- PLANNING DEPT The ALPA • If. �. t TR IL Preservntian ,,r Society .+e4r41140V4 Ms. Cynthia Eliason, Supervising Planner City of Alameda Planning and Building Department 2263 Santa Clara Avenue Alameda, CA. 94501 i •441 r.04 /UI r -U14 RECE07-19., JAN 10 2005 .••w PERNirr DENTS ALAME„DA, CA 9. January 10, 2005 Subject: Draft Initial Study/Environmental Assessment for Alameda Theater, Cineplex and Parking Structure. Dear Ms. Eliason: The draft Initial Study/Environmental Assessment (IS/EA) makes repeated reference to the visual simulations (Figures 9 and 10 of IS/EA Attachment A and Figures 9 and 10 of Appendix E to Attachment D) and conceptual architectural elevations (Figures 7 and 8 of IS/EA Attachment A) of the new clneplex and parking garage structures and reaches various conclusions concerning the aesthetic and cultural resources impacts of the new structures based on the simulations and elevations. These conclusions are in turn based on conclusions presented in the Aesthetic Impact Analysis and Historic Resources Impact Findings for the project (Attachments C and D to the IS/EA). The Alameda Architectural Preservation Society (AAPS) believes that it is inappropriate to use the visual simulations and elevations, as presented, as the basis for these conclusions. The simulations and elevations show a degree of architectural refinement that is premature given that the actual City review process for these designs has not yet ctirtrrl onri that thP garage arrhitert hsa not awn hnrn aeleotad, Moreover. the &cubs shown on the simulations and the elevations are not the same, so it is not clear which design treatment is being evaluated. While AAPS agrees with the ISIEA's conclusion that the height, massing and setbacks of these structures will not adversely affect surrounding historic properties, we do not agree with this conclusion with respect to "finishes ", detailing (or lack thereof), "architectural features ", "current conceptual project design" and "project exterior design ". More specifically, we are concerned over the highly Modernistic architecture used for the structures and the expansive windowless and generally undifferentiated upper wall surfaces of the cinep]ex's corner block containing Cinema Nos, 4, 7 and 8 and do not agree with the IS /EA's conclusion that these features are "compatible" with neighboring historic properties. P, 0, Box 1677 Alameda, C4 94501 519- 986 -9232 3.01 JAn- IU -41.147 Ut:'LWdM rKWrLAnninu UCri TOIY1404OVO rear r.uuoiuiy r -O+c While we understand that under the Secretary of the Interior's Standards the new cineplex must be "differentiated" from the existing historical Alameda Theater and not convey an image of "false historicism ", it is not our understanding that the design must be as modernistic as depicted in the simulations and elevations. We also recognize that the upper floor occupancy of the corner block by theaters will not allow windows but believe that there needs to be a higher degree of articulation on these surfaces so they do not present a blank wall. The windowless upper elevation of the Alameda Theater itself is a highly successful example of such articulation.. We are concerned that the inclusion of the simulations and exterior elevations in the IS/EA in effect puts these designs `ton the table" for discussion and that they may set the tone for the actual design, even though City staff indicates that this is not intended to be the case and that the Historical Advisory Board and Planning Board will provide input on the overall design approach before actual design work will begin. AAPS therefore requests: 1. That the visual simulations and elevations be simplified so that they are much more schematic, do not look like actual buildings and show only the proposed structures' height, massing and setbacks and delete fenestration, other openings, detailing and implied surface materials and textures. 2. That the IS/EA text delete all references to "architectural features", "finishes ", "exterior design ", "architectural details" and "project design" with respect to the cineplex and parking structures and that these text changes be as specifically shown in Attachment A (consisting of marked -up IS/EA pages showing specific text changes) to this letter. The Attachment A changes should also probably be reflected in the Aesthetic Impact Analysis and Historic Resources Impact Findings (Attachments C and D to the IS/EA). As an alternative to the above approach, the simulations and elevations and all text referring to them could be deleted entirely and that mitigation of potential aesthetic and cultural resource impacts be as set forth in Mitigations (or Conditions of Approval) AES- 1 and HST -1, which present the process for developing the actual design, including hiring an independent historic preservation professional to review the project plans for consistency with City, State and Federal policies and standards, including the Secretary of the Interior's Standards. Finally, we request that we be given an opportunity to review and comment on the process for hiring the garage architect and the independent historic preservation professional. Thank you for the opportunity to comment. Please contact me at 523 -0411 or cbucklevcu alamedanet.net if you would like to discuss these comments. For U, S. mail, 2 i.vm -r rrnnn nw marl *5IUT414010 T -241 P.008/019 F -812 please use my address at 1017 San Antonio Avenue, Alameda, CA. 94501, rather than the AAPS post ofFice box. ...,.� Christophe = uckley, Preservation • ction Co Attachment A: Marked -up pages from the Draft IS/EA. cc; AAPS Board and Preservation Action Committee members 3 nvm -r YrwV1 II\N Vir1 +610T464603 T -241 P.007/010 F -612 ATTACHMENT A: MARKED -UP PAGES FROM TIIE DRAFT INITIAL STUDY/ENVIRONMENTAL ASSESSMENT O+n -iu- vuo uo:wr, rnuM- rLAnnlnu midi +510T464563 T -241 P.000 /016 F -612 Draft NINDIMPONSI Wagatilif and Mud" — metic Theater, Cineplex and l'arldne sow= y *1 Alameda b 2004 Page 2-2 2.2 SUMMARY OF ENVIRONMENTAL ASSEINIMENT (NEPA) FINDINGS The specific findings of the Environmental Assessment component of this joint document are included In chapter 4 and are summarized below. With the.Inclusion of the mitigation measures specified in this document, the project is anticipated to have no 9ignhfioant intpact on the environment. Environmental Factor ' Project Impact -_ i Potentially beneficial • : — Conformance with Comprehensive Plane and . Zoning • Compatibility and Urban Impact • Employment and Income Patterns • Contineroiai Fadittles . ■ Open Space and Recreation— Recreation • Transportation . Requires mitigation • Soil Suitability • Hazards and Nuisances including Site Safety • Notso: Contribution to Community Noise Levels • Air Quality: Contribution to Community Pollution Levels • Environmental Design: Visual Quality— Coherence, Diversity, Compatble Use and Scale • • • All other environmental factors No impact 2.2 .CONDITIONS OF APPROVAL. (UST OP MITIGATIONS) The mitigations listed below represent Conditions for Approval adopted by the City of Alameda (the Lead Agency under CEQA and the Responsible Entity under NEPA) to eliminate or minimize adverse environmental impacts, pursuant to CEQA and NEPA, as amended These conditions must be included in project contracts and other relevant documents as requirements [CEQA Guidelines section 16070, 24 CFR 58.40(d), and 40 CFR t505:2(c)]. See chapter 3 (the CEQA Initial Study Evaluation) and chapter 4 (the NEPA' Environmental Assessment) of this Joint document for a more detailed • n of these impaot and mitigation findings. Mitigation AES -1:. Project Visual by the City's Historic Advisory Boa Board would be required that th patibility impact. • Issuance of a Certificate of Approval and design review and approval by the Alameda Planning a architectural design of the proposed project. To ensure hitecturai design remains consistent witty pertinent City CAWDVOBS18471PRDIMND•EA 64?- sea adao ■ i ?ft P r2.- IP • owm -r rrxau n• MI' 1 Wagstaff and Associates Cltyyot Alameda Decemt>ar e, 2004 +5107484503 T -241 P.009/019 F -812 ''Draft MND/l1AFON$I Alameda Theater. Cineplex and Parking Structure Project Page 340 3.4 ENVIRONMENTAL IMPACTS 3.41 Aesthetics. Would the project: a. Have a substantial adverse effect on a scenic vista? Answer. LESS - THAN - SIGNIFICANT IMPACT Explanation: The project site and vtdnity are designated for relatively intensive urban development In the City of Alameda General PI>a.M and are already substantially urbanized. The project would not have a substantial adverse effect on a soenlo vista Other than the surrounding Views of the massive, Art Deco, Alameda Theater structure, there are no Identified scenic vistas through the project site towards onsite or surrounding visual features. Project impacts on the visual quality of the Alameda Theater and the remainder of the project site and surroundings, are further described under items b, c and d below. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Answer: POTENTIALLY SIGNIFICANT•IMPACT UNLESS MITIGATION INCORPORATED bigtz The fallowing impact and mitigation conduslons are excerpted from Attachment C: Aesthetic Impacts Analysts Impact ABS-1: Project Visual Compatibility Impact. Based on independent review of the project preliminary design package, the environmental consultants, with the assistance of Carey & Co., Inc., historic preservation architects, have determined the following: • the historic AlamedaTheater structure would be used for its historic purpose with minimal change to its defining ' characteristics; • the distinctive features and finishes that characterize the theater, including its Art Deco marquees, fluting and bas - relief . ornamentation, would be preserved; • the deteriorated and modified Art Deco storefronts which flank the theater entrance would be substantially repaired and restored; C:IWDWOes18471PROMN .EA 8474e0 &dos f2-01-1, r�'2� inn— IV —rvvo VU:airm rrtVm- rLAMMIM41 wen Wegsteff C Al and Associates December 6, 2004 +610!464693 T -241 P.010/018 F -812 Alunod rrr after, Cineplex and Perking Stage Project Pie 3■ • the adjacent new cineplex structure would be visually differentiated from the original historic Alameda Theater structure by a lower building height and an exterior wall recess where the two buildings meet, and would feature compatible maser, ' - lei , ■ the new clneplex and parking structure additions are designed In such a manner that if removed In the future, the essential form and integrity of the Alameda Theater would be unimpaired; • the new cineplex and parldng ctures have been designed with building heights, massing, setbacks, gut iMsbes -whk , ! are reflective and respective of existing historic and arohiteoturaliy significant structures on the opposite sides of Central Avenue and Oak Street (Le., the Alameda High SohooVAlameda Adult School building, Twin Towers Methodist Church, and Alameda Free Library); ew cineplex facade along ntral Avenue would ha an appropriate zero -lot -fine relationship to the sidewaikend street; would respect, maintain and enhance the visual distinctiveness and prominence of the, historic Alameda Theater structure; would effectively enhance the desired pedestrian actor of the site's Central Avenue frontage; and would b ermonious kalmis4.0extufebwith the !sting, architecture y distinctive win Towers Methodist Church on the oppo' to (northwest) comer of the Oak Street and Central Avenue; • they ew parking structure facade along Oak Street would also have an appropriate zero-lot-One • relationship to the sidewalk and street and would be harmonious with the a ng Alameda Free Library structure on the oppos a side of the Oak Street • the intensive zero-lot-line architeotural elements of the new c ineplex structure and new parking structure, including their ground floor retail storefronts, would servo to balance the affected Central Avenue and Oak Street streetscapes, visually unify the block, create an appropriate sense of place around . the Alameda Theater, and introduce needed visual cohesiveness within the block and between the black and . surrounding downtown blocks; • the • -• " r it : - .,; would be consistent with City - adopted visual and urban design policies for the Downtown and Park Street area; and C:IWDVO5516471PROVNNaaa c 47•sec 3.00c •fn- IV-iww vv:airM rRVM- rhAnnimY ymel :liar astes `odilmtrer a, 2004 +510T484603 T -241 P.011/010 F -612 Draft. Alameda Theater, Cineplex and Parldntetnittar, a the - = , Would be in compliance with U.S. Secretary of the 'Interior's Standards for Rehabilitation and Restotadon, .Induding standards pertaining to preserving the visual .and historic integrity of the onette Alameda Theater, and standards pertainingio protection of surrounding historic and otentially historio resources. • It appears that the _ auld have a •- positive' (beneficial` visual impact In Improving the vreuet oompatibllity OT Intl pr ui+oui aloe, a ►J L ► y,,..1$11, would ulcr 17IIif 111hitiVY9 tilfl •a , • .:, - Avenue and Oak Street etreetsoepss, as well as the overall Park - _ _ - , ritCommercial District east of the project site. - : to:b0 consistent with applicable 2.,N gajamaskaseral Pjatipollales pertaining to Downtown visual, urban design factorsi and with applicable U.S for Rehabilitation and opposite streetscapes Commercial District; ..end•eemeatiblemitiithe Atarrfeda "[boater and eu • u + . I, ! , storic and potentiaallyhietorta atructuures. — Nevertheless, until the project • the City Mitigation AES -1: 1 • . '"1` cafe• , =1Appr6ira1 by the City's Historic Advisory oard and design revs -• approval by the Alameda Planning Board Would be requi , =' e arohitscturel design of th proposed project. To ensureth .. . architectural design romaine consistent with pertinent City visuaf'and urban design policies and with. etahe and federal historic preservation • standards—Le:, the U.S. Sece.F iy bf the Interior's Standards for Rehabilitation and Reastoi tan', retriln an independent historic. preservation'protesslonal ere** the completed projeot plans and specifications for'consistenoy With these policies and standards. The retained Independent professional shall meet the Secretary of the interior's Proposed Historic Preservation Professional Qualification Standards {1996) for Historic Architecture, Historic Preservation ' Planning andlor Architectural History. Final Historical Advisory Board and Planning Board approval of the project architectural design shall and these preliminary ;conclusions :cad be verified by the City of Alameda Hietorloa l Advlsory.Board and City :of Alameda Plannhig'Board during •required.diecretlonary. revlew.prooeee, it is assumed that the •adverse visual bffi[y gkrlplvaoLy have a potentially significant Explanation: Sete Attachment Cr •A�esthetip Itnpaaat Analysis, for a more detailed • • • explanation of tie impaorAES4 finding above and Mitigation AES -1 finding below. GaWDU0BS1 471PADtMND•FA 847400 3 coo 1 r 1 1 1 1 Avg- ior 1 JAN -10 -2005 " 08 :33PM 1/1.1H. FROM- PLANNING DEPT L... Waigemfrand.Assaoiates • •. Der. mbe 0x , 2004 • +510T484883 T -241 P.012/019 F -812 Draft MNDfMFQNSI Alameda Theater, Cineplex and Parking Structure Protect Page include consideration of these independent review findings and any •:r» associated design refinement recommendations. Project commitment to this mitigation measure would ensure that any adverse protect visual incompatibility Impacts would be reduced to a lass-than- significant level. c. Substantially degrade the existing visual character or quality of the site and its surroundings? Answer; POTENTIALLY SIGNIFICANT IMPACT UNLESS MITIGATION INCORPORATED Explanation: Same as 3.4.1.b above. d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Answer. Explanation: 104 r..tgga F5 Mme/ ir& w,PanSJ•R �/ LESS THAN -SIGN ANT IMPACT vi; l! The prof • -would not involve use of any highly reflective building surfaaa with potentials to create glare Impacts. The project would also eliminate the high extdrlor luminaires now located within the omits surface parking areas. Various Illuminated aspects of the project, including the existing and new cinema marquees and the open parking garage levels, would be viable from surrounding streets. Given the existing highly urbanized, downtown commercial and civic nature of these street frontages, the project - introduced lighting effects would not be conspicuously different than other lighting already existing in the Alameda Downtown. Also, there are no surrounding residential uses, and under its normal Design Review procedures, the City routinely requires that new lighting be shielded to prevent unnecessary glare. As a result, the prdj}ct would have a less -than slgnh7cant adverse exterior Ught or glare impact on existing surrounding aCtivities and uses. lip Agricultural rte. (In determining whether impacts to agricultural resources are sign$cant environmental erects, lead agencies may refer to the California Agricultural Land Evaluation and Site Amessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland) Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and • Monitoring Program of the California Resources Agency, to non - agricultural use? C1WDUOBS1647IPADIMND -E4 $47-seo 34o SAN -10 -2006 08 :34PM FROM- PLANNING DEPT Wagstaff and Associates De r 8, 2004 Give. t(t) 0-f P)/1.► ,y3 N ssuc ss .y -To fa[,v11F = CtwS Lai-'t.-3 rJr"s7'fr CaJcws� affir ti 14;.1.-1-, erg 0.1,44 . Explanation: +3107484603 T -241 P.013/010 F -812 Alarnsda Theater, Cineplex and D 1NND'PrO 1 Parking Structure� Page s-1s Preserving, Rehabilitating, Restoring and Reconstructing Hlstorlo Buildings. An Independent Section 106 review by Carey & Co., historic preservation architeots (Attachment D), concludes that the preliminary theater rehabilitation design plans (October 2004) comply with the Secretary of the Interior's standards and their effects would therefore be less than adverse and in most cases beneficial, with overall positive impacts on the Alameda Theater historic resource. In addition th = re & Co. review has determined that the proposed project, including ew oineplex and parking structure components, would not haveeen adverse effect on the Park Street Historic Commercial District, and would not have an adverse effect on other identified and potential historic resources surrounding the-_. project eite. However, review of final project design details and specifications would be necessary to eneure that the final design of the theater - = . • restoration and adjacent dneplex and parking struoture oompone _ with the Secretary of the Interior's standards. erefore, until the-final project design achieves design review approval by the City of Alameda Historical Advisory Board and Planning Board, based in part on the findings and recommendations of an independent professional engaged in preservation—Le., is . determined by the two Boards to be consistent with City- adopted standards for design review and with applicable Secretary of the 1, .interior standards for historic rehabilitation and restoration, ft is . umed that the • L - may have a significant adverse effect on the historic ameda Meats ` The proposed project includes the historio rehabilitation of the existing 1932 Art Deco etyie Alameda Theater structure to create a restored, 500-seat cinema, and construction of a new cinepiex, retail, and parking'struoture adjacent to the restored theater structure. The Alameda Theater is a locally -fisted Alameda Historic Monument (1976) and is listed in the National Register of Historic Places (NRHP) as a contributing structure wlthin the National- register listed Park Street Historic Commercial District (see Figure 3 in Attachment A). HUD BEDi grant funds and HUD Section 108 loan guarantee funds are being requested by the City to help finance the parking structure component of the project (see page 4 -1 of this document). Section 106 of the NHPA requires federal agencies to review and consider the impacts of their undertakings, including grants and loans, an historic properties. Pursuant to this requirement, an independent Seotion 106 review of the potential impacts of the proposed project on the Alameda. Theater, other surrounding historic resources, and the Park Street Historic Commercial District, has been completed by Carey & Co., historic preservation architects, under contract to the environmental documentation authors, Wagstaff and Associates. A Draft version of the Carey & Co. Section 106 report is attached to this environmental document as Attachment D. The impact HIST -1 finding above and Mitigation HIS -1 finding below are CA WDUOSS16471PRD1MNo.a4 647 -no 3.doc ?Aril- G op- 1'1. JAN -10 -2006 08:34Ptd FROIA- PLANNING DEPT '/ Lam...... :, W aattafaAs'cciates ;.. City Alameda Decatriber 8, tom +6107484683 7-241 P.014/010 F -812 Draft MND/14Fal81 Alameda Theater, Cineplex and Parking ettuchire'Prblent 'Pa0i48 STATUTORY CHECKLIST (24 CFR §58:5J Record the determinations made regarding each listed statute, executive order or regulation:. Provide appropriate source documentation. (Note rev's*, or Consultation completed as wel! :ea anyappioabie permits or approvals obtained or required. Note dates of contact or pages rrhrences l Provide oqm. plane or consistency documentation. Attach adddonal material As appropriate. Note ' • conditions, attenuation or mitigation measures required Factors. H'tssto�dc Preservation [36 CFR 5001 Determination and Compliance Documentation oompnance steps (Condttons of Approval) have been identified. The proposed project includes the historic rehabilitation of the existing 1932 Art Deco style Alameda Theater structure to create'a restored, 500-seat cinema, plus construction of a new Cineplex, retail, and perking structure adjacent to the restored theater structure. The Alameda Theater is a locally- listed Alameda Historic Monument (1975) and is fisted in the National Register of Historic Places (NRHP) as a contributing structure to the adjacent National - register listed Park Street Historic Commercial District (see Figure 3 in Attachment A). HUD Section 108 loan guarantee funds and BEDI grant funds are being requested by the City to help finance the parking structure component of the project Pursuant to Section 106 of the National Historic Preservation Act (NHPA), an independent Section 106 review of the . potential impacts of the.praposed•project on the Alameda Theater, other surrounding historic resources, and the Park Street Historic Commercial District, hasbeen oompieted•by Carey & Co., historic preservation architects, under contract to the environmental documentation authors, Wagstaff and Associates. The Carey & Co. Section 106 report is attached to this environmental document as Attachment D, The existing Alameda Theater building would be rehabilitated and returned to its original use as a theater. The proposed rehabilitation Is intended to comply with the U . S . Sec retaryof the Interiors Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reeconstructing Historic Buildings. The independent Section 106 review by Carey & Co. concluded that the preliminary theater rehabilitation design plane (October 2004), and the pr.Aminaryteciga # ee) the adjacent new chaplet and parking structure components, comply with the Secretary of the Interior's standards and their potential effects on the historic Alameda Theater structure are therefore less than adverse and in most cases beneficial, with overall positive impacts on the historic resource. In addition, the Carey & Co. review hae determined that the propoeed ro eot preliminary design, CAWGUQ881 t'►47t PRDlMND -EA 647400 440C 1 i 1 r r r t i 1 t 1 t N 1 ■ JAN- 10 -Z005 00:35PM FROM- PLANNING DEPT • Wf•and Associates -Decanter 6, 2004 .G► ��`J v+, 443 14 +6107464673 • T -241 P.015 /017 F -812 Draft MND/MFONSI Theater, Cineplex aitd Parking Structure Project Page 4-1 .Iachldlrt�i�e pre�lminary e new clneplex end parking structure components, would not have an adverse effect on the Park Street Historic Commercial District, and would not have an•adveree effect on other Identified and :potential historic resources surrounding the project site. However, review of `(fnei projeot design i nd specifications will ultimately be necessat to sure that the final design of the theater rehablltatlon/restoration and scent dneplex and parking structure components the Secretary of the Interior's ards and this potential impact would not be significant. With implementation of mitigation HIST -1, project compliance with City polders and standards and state and federal standards pertaining to the protection of historic .resources (i.e., the Secretary of the Interiors Standards) would be aaeured and this potential impact would not be significant. For the text of this mitigation measure, see section 2.3, `Conditions of Approval," on page 2 -3 of this doormen. The independent Section 106 review by Carey & Co. has also concluded that construction of the new cinepiex and parking structure foundations and walla, and other project construction activities, including .operation of construction equipment and storage of construction materials, could have an adverse effect on the exlating historic Alameda Theater resource. In particular, operation of construction equipment and storage of constuoGon materials could potentially damage the west elevation (Central Avenue frontage) of the existing historic theater. With implementation of mitigation measure HIST -2, this potential impact would not be significant For the text of this mitigation measure, see section 2.4, "Conditions of Approval," on page 2.4 of thia document Floodplain Management [24 CFR 55, Executive Order.. 11988] The independent Section 106 review by Carey & Co. has also concluded that the proposed demolition of the Video Maniacs commercial/retail structure would take place far enough away from the existing historic theater so that this activity would not cause direct effects to the theater. The mitigation measures described above have been incorporated into the project Conditions of Approval (see section 2.3 herein) to ensure project compliance with 36 CFR 800. Compliance steps are not Invoked. The project does not Involve property acquisition, land management, construction or improvement within a 100 year floodplain (Zones A or V) or 500 year floodplain (Zone 9) identified on a Federal C NOVCBS16471PADLMND -E4 517402 4400 ammo JAN -10 -2005 06:36PM FROM-PLANNING DEPT �if.Alamiila:: • D,eaambdr 8','2004 +5107464503 T -241 P.016/010 F -812 _ ;• _.. .:� '.:.a Draft MK/IRONS! ' Alameda Theater, Owlet and Paridng•9tna>se aee Prefect tie4.2Z • :preservation architects, hae determined the following: • the historic Alameda Theater structure would be used for its historic purpose with minimal change to its defining characteristics; • the distinctive features and finishes that characterize the theater, including Its Art Deco marquees, fluting and bas- relief ornamentation, would be preserved; • the deteriorated and modified Art Deco storefronts which flank the theater .. entrance would be substantially repaired and restored; 4 • the adjacent new oineplex structure would be visually differentiated from the original Alameda Theater :structure by a lower building height and an • • r . , f• ere the two buildings meet, and ip Id feature compatible maeeingg • the new oineplex and parking structure additions are designed in such a manner that if removed in the future, the essential form and integrity of the Alameda Theater would be „unimpaired; • the new oineplex and park structures have been des ' ed with building heights, mask( etbacks, hich are reflective and respective c�i' existing historic and architecturally significant structures on the opposite sides of Central Avenue and Oak Street (Le.. the Alameda High SchooVAlameda Adult School building, Twin Towers Methodist Church, and Alameda Free Lib G l W 108S16471PRDIMND -E4 647,61a 4 4oc JAN -10 -2008 08 :37F1,1 FROM- PLANNING DEPT "Deondrr ZO4 +5107484593 T -241 P.018/019 F -812 Draft MNP/MFONSI Aiamsde Theater, Olneoleic end Pa idn9 nPProlect :preservation architects, has determined the following: • • the historic Alameda Theater structure would be used for its historic purpose Mt minimal change to its defining characteristics; • the distinctive features and finishes that characterize the theater, including Its Art Deco marquees, fluting and bas - relief ornamentation, would be preserved; • the deteriorated and modified Art Deco storefronts which flank the theater entrance would be substantially repaired and restored; • the adjacent new oineplex structure would be visually differentiated from the original Alameda Theater structure by a lower building height and an ere the two buildings meet, and :" Id feature compatible massingj • the new dnepiex and perking structure add'itio'ns are designed in such a manner that if removed in the future, the essential form and integrity of the Alameda Theater would be ,unimpaired; • the new cineplex and park structures have been des , ed with • building het hts, maskrt r : etbacks, Mein are refeotive and respective sedating historic and arohitecturaiy significant structures an the opposite sides of Central Avenue and Oak Street (Ls., the Alameda High SchooVAlameda Adult School building, Twin Towers Methodist Church, and Alameda Free Ub c,twauaas+84 RnIMNa -54 $47-s ea e.doc PAr fi e. C) oft- ice I t 1 JAR -10 -2005 05:3TPM FROM- PLANNING DEPT .: Natlatatt and-Aeaoolatee DDaae 2004 • L,. +5107484503 T -241 P.017/010 F -812 Draft MND1FAFCN$I Alameda Theater, Cineplex and Parldrg Structure 4he- arcla� the new clneplex facade along C rei Avenue would have an appropriate zero -lot -line relationship to the sidewalk and street; would respect, maintain and enhance the visual uniqueness and prominence of the historic Alameda Theater structure; would effectively enhance the desired pedestrian character of the Bite's Ce Av nue frontage; and would be�armoniou with the costing, architecturally di otive Twin Towers Methodist Church on the opposite (northwest) comer of the Oak Street and Central Avenue; • the(e6ibit eienew p ng structure facade along ak Street would also have an appropriate zerro -lot line relationship to the sidewalk and street and would be rmonious ) with the existing Alameda free Library structure in the opposite side of the Oak Street; • the intensive zero-lot-line architectural elements of the new olneplex structure and new parking structure, including their ground floor retail storefronts, would serve to balance the affected Central Avenue and Oak Street atreetscapes, visually unify the block, create an appropriate sense of place around the Alameda Theater, and introduce needed visual cohesiveness within the block and between the block and surrounding downtown blocks; • th uld be oon latent with City -ado visual and urban design policies for the Downtown and Park Street area; and CIWDWOBSt8471PROWNO•EA 647-sec 4.doc • the�pre} would be in c plianoe with U.S. Secretary of the interior's Standards for Rehabilitation and Restoration, including standards sows P,c 117 ar -J2 JAM - iu -mu u11:411IM PROM-PLANNING DEPT +5107484599 T -241 P.018/018 F -812 Draft MNQ,MFONSI • Marnaida Theater, Clnaplac and Patklnp &n»ctu �Pe pertaining to preserving the visual and . historic Integrity of the onsfte Alameda Theater,' and standards pertaining to protection of surroundng historic and poteritiaily•historic resources. It appears that th . 'deeigiwourd ha positive (beneficial) visual impact in improving the visual compatibility of the project site, and In general, would vieualty enhance the surrounding Central A - - Street streetscapes, ark Street Historic of the project site. peal to be consistent the overall with applicable policies pertaining to Downtown visual, aesIhetio and urban design faotors, and with S. Seoretawy 011ie Interior's Rehabilitation and Restoration, are oompatible with opposite the acijacent Park Street *al District, 11)...„) C: i wovoes16471 PRO1 MND-EA 517 .iec 4.02 1 the ' Alameda Theater and eurroun dg historic and potentially historic structures. • Nevertheless, until the prof oebltaaly al. itletatkr , and these preliminary conclusions can be verified by the City of Alameda' Historical Advisory Commission and City of AJemede Planning Board during the City- required discretionary review process, tt is assumed that the project final architectural design may have an adverse environmental design impact. With implementation of mitigation measure AES-1, this potential impact would not be significant. For the text of this mitigation measure, see section 2.3, "Conditions of Approval;' on page 2-2 of this docutent. For additional discussion of project environmental design and visual quality implications, including this mitigation finding, please see Attachment 0; Aesthetic Impact And els, PAY:. I 1 avi- I 1 1 JAN -10 -2006 08:38PIJ Mil-PLANNING DEPT It M r w -Wagetaff.and Aewalatee .011y of Afamada . Docember 8, 2.004 +6107484683 T -241 P.010/016 F -812 Draft IAND/MFONSI Alameda Theater, Cineplex and Parking Structure Project Page 445 AL Socioeconomic Code Source of Documentation Demographic Charaoter Changes • • 1 • The proposed project would include no housing component, The project would continue and expand existing and planned for Commercial uses at the Downtown site at a scale which would not be expected to induce substantial incremental population growth In • the area, either directly or indirectly. DIsplaoement ' ' ' • . - . • • 1 • . No housing would be displaced with project Implementation. For any existing business d'lsplacement which may result from the project, relocation assistance would be required by state redevelopment law. Seotion 8082 of Title 25 of California Redevelopment Law (CRL) would require the City's Community Improvement Commission (CIC) to develop and Implement a relocation aselatance advisory program to ensure that any persons displaced from their place of business would be assisted in reestablishing frith a minimum of delay' Required compliance with these CRL provisions would reduoe the potential adverse impaot of the project resulting from possible business displacement ta. a less than significant level. Employment and Inoome Patterns • ' • • 2 In 1996, the City of Alameda's principal employer and business generator, the Alameda Naval Air Station (NAS), was dosed, with significant adverse economic impaots on the City, Including the direct loss of approximately 10,980 miiiitary personnel, 3,230 civilian jobs and at least 1,800 Iooal Jobs Indrectly related to base activities. As a result of the NAS closure, the City has been compelled to redirect and diversity its local economy. Plans and other efforts to establish viable reuse of the NAS are underway. In addition, the City's General Plan, Business and Waterfront Improvement Plan (BWIP), Alameda Downtown Vision Plan and Economic Development Strategio Plan all plaoe. emphasis an the need to revitalize the City's Downtown and National Register listed nark 2troot Ntotorio Commoroial Dlctriot se a key means of broadening the City's economic base. The project Is a core component of this. redevelopment strategy to Improve the City of Alameda's downtown economic base. The C :ND1JO13816471PRDtMND-E4 547leo 4doc. P,46•f":- JAN ..10•2005 06:28PM FROM- PLANNING DEPT Amid Scatwaneenegger Govemor January 14, 2005 +6107484533 STATE OF CALIFORNIA Governor's Office.of planning and Research. State Clearinghouse and planning 'Unit Cynthia Ellison • City of Alameda 2263 Santa Clara Avenue Alameda, CA 04577 Subject: Alameda Theater, Cineplex and Parking Structure Project KIM 2004122042 7 -241 P.002 F -812 fr."1141) Jan Sod Acting Director . Dear Cynthia Euston: • - The State Clearinghouse submitted the above taamed Negative Declaration to selected elate agonies for review. The review period closed on Jannaty 7, 2005, and no state agencies submitted oo:ns es by dot datd. this letter aebnowledges that you have complied with the State Cleats hems review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the state Clearinghouse at (916)445-0613 if you bave any questions regarding the environmental review process. If you have a question about the abova•nsioed project, please refer to the ten -digit State Clearinghouse off' when contacting This o!i!loe. Sincerely, ,6444-z- • Terry Roberts Director, State Clearinghouse • 1400 TENTH STREIT P.O. 110X 3044 $ACRAN13NT0, Cn►L1!QRN1A 95612.3044 TEL (916)445.0613 PAX (916) 3234013 vrwtaapr.ea.3ev 4,01 JAN -10 -2006 08:ZTPM FROM- PLANNING DEPT +5107414603 , State Clearinghouse Data Base SCile 2004122042 Project TM Alameda Theater, CInephot and Parking Structure Project LoadAgency Alameda, City of T -241 P.003/019 F -812 Type Nee Negative Declaration Cesoripdan The currently proposed proJsct, referred to as "option A," consists of rehabilitated of a key opportunity site In Downtovm Alameda, Including construction of a new multi-level parking structure with 350 spaces; rehabllitatlon of the existing Art Deco style, Monads Theater.te create a restored, 500 -seat cinema; and construction of an edjecer t 3,600 SF of ground floor retail space. A possible future expansion of the proposed parking garage onto the existing adjacent Long's Drug site, referred to as "Option B," would add eoproxtmately 158 more perking spaces to the garage, for a total of approximately 508 spaces, end a net increase of another apprmlmately 15,000 SF of retell space on the expanded aha. Lead Agency Contact Name . Cynthia Illason Agsnay City of Alameda Phone (510) 747.6800 her email Addipta 2283 Santa Clara Avenue Clp' Alameda State CA Zip 94577 Project Location . County Alameda City Alameda Raglan Cross Streets Central Avenue /Oak Street / Santa Clara Avenue Pease/ No. 071.0203 -014, p15, 018, 017 Township Range Seaton Rise Proximity tot !Highways SR 51 Airports oalciand Intematonal Railways N/A Waterways SF Say, Ooldand Inner Harbor Schools Lead 1/s* Cineplex / Commercial 1 Parking - CC 4 CC/PD Project Issues AesthetieNisual; Alr Quay; Archaeologic-Historic: Cumulative Effects; Econera1esl lobs; Nolan+ Other issues; Taxic/Hasardous; Tnaflo/Cirr ulatlon Reviewing Resources Agency; Regional Water Quality Control Boar, Region 2; Department of Parks and Agencies Rscrootlon; Native American Heritage Commission; Office of Hided* Preservation; Department of Fish and Game, Region 3; Department of Water Resources; California Highway Patrol; Coltrane, District 4; Caltrans, Division of Aeronautice; San Prandaoo Bay Conservation and Development Commission; • State Lands Commissin Date Received 12/09/2004 Start of Roviow 1210@/2004 Ind of Review 01/07/2005 Note: Blanks In data fields result from Insufficient Information Anovlded by lead agency. FEB-02 -2006 02:1OPM FROM- PLANNING DEPT 1... +6107484683 7 -250 P.001 /003 F -858 ' STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit. : , •�'`- A.-aold • , j� Schwatzenc*ge7' i i w. 'y�, � r �„ 4M y i g Die • Governer �`% v...• Aetizig Dir �R41: January 20, 2005 -r",e. " Cynthia Eliason i City of Alameda 22G3 Santa Clara Avenue Alameda, CA 94577 Subject; Alameda Theater, Cineplex and Parking Structure Project SCHM: 2004122042 Dear Cynthia Elieson; The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the cad of the state review period, which closed on January 7, 2005. We arc forwarding these comments to you because they provide information or raise issues that should be addressed hi your Final environmental document. • The California Environmental Quality Act does not require Lend Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445 -0613 if you have any questions concerning the environmental review process. If you have a question regarding the above - named project, please refer to the ten -digit State Clearinghouse number (2004122042) when contacting this office. Sincerely, 4444z- Ten y Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIPORNIA 95812.3044 TEL (9l6) 44$.6 13 PAX (913) 323.3018 www.apr.c .gov 5.01 FES-02 -2006 02:11PM FROM- PLANNING DEPT DEPARTMENT .OF TRANSPORTATION 1 1 1 ORAND AVENUE t. 0, BOX 23660 OAICIAND, CA 94623.0660 PHONE (510) 21164505 FAX (310) 2se.sst3 TTY (800) 733.2929 January 19, 2005 Ms. Cynthia Mason City of Alameda 2263 Santa Clara Avenue Alameda, CA 94577 Dear !vb. Elision: +6107484603 T -260 P.002/003 F -868 RECEIVED JAN 1 9 2005' STATE CLEARIN3 HOUSE Clear Flu your pond Ae mew ddtrlr ul ALA•61.19.84 ALA061086 sCx• 2004122042 Alameda Theatre, Cineplex and Parldng Structure Project — Initial Study/ Mitigated Negative Declaration (MND) Thank you for including the California Department of Transportation in the environmental review process for tha proposed project, We have reviewed the MND and have the following coatamenta to offer: Please provide the Alameda Theatre, Cineplex and Parking Structure Transportation Impact Analysis dated December 2004, which is mentioned on page 3 -36 of the MND, for our review. We will not be able to determine if the proposed project will adversely impact State transportation facilities until we have had the opportunity to review this document. In addition, based upon the mitigation measures listed in the NAND it does not appear that the intersections along Facing Street (State Route 61) were studied in the ttmispottation impact aaalyeis. The proposed project site is only one block away from State Route (SR.) 61, and therefore impacts to the intersections along SR 61 should be evaluated. Specifically, the analysis needs to evaluate the impacts of die proposed project on the following intersections: SR 61/ Oak Street, SR 61/ Park Street, Park Avenue. Measures must be proposed and implemented to mitigate any significant impacts to these State intersections. Please send a copy of the transportahion impact. analysis and the above•mentioned intersection analyses to the address at the top of this letterhead marked ATTN: Patricia Maurice, Office of Transit and Community Planning °Cal►roni improver molignY germ Caijlbmum" 6. al 6.01- +6107484603 ML. Cradle nowt City of AIAIaris Wort 10, 3004 Pap 2 T -260 P.003/003 F-658 Should you require further information or have any questions regarding this letter, please call Patricia Maurice of my staff at (510) 622 -1644. Sincerely, 1 ryr TIM • / . SABLE Dint riot 8 h Chief IOR/CEQA c: State Clearinghouse EXHIBIT B FINDINGS REGARDING SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE The following sets forth all significant effects of the project, all of which can be reduced to a level of insignificance, and less than significant impacts for which mitigation is recommended. 1. Project Visual Compatibility Impact. Based on independent review of the project preliminary design package, the environmental consultants, with the assistance of Carey & Co., Inc., historic preservation architects, have determined the following: • the project would introduce needed quality architectural elements and improve the visual image of the area; • the historic Alameda Theater structure would be used for its historic purpose with minimal change to its defining characteristics; • the distinctive features and finishes that characterize the theater, including its Art Deco marquees, fluting and bas - relief ornamentation, would be preserved; • the deteriorated and modified Art Deco storefronts which flank the theater entrance would be substantially repaired and restored; • the adjacent new cineplex structure would be visually differentiated from the original historic Alameda Theater structure by a lower building height and an exterior wall recess where the two buildings meet, and would feature compatible massing, scale and architectural features; • the new cineplex and parking structure additions are designed in such a manner that if removed in the future, the essential form and integrity of the Alameda Theater would be unimpaired; • the new cineplex and parking structures have been designed with building heights, massing, setbacks, and finishes which are reflective and respective of existing historic and architecturally significant structures on the opposite sides of Central Avenue and Oak Street (i.e., the Alameda High School/Alameda Adult School building, Twin Towers Methodist Church, and Alameda Free Library); • the architectural features of the new cineplex facade along Central Avenue would have an appropriate zero -lot -line relationship to the sidewalk and street; would respect, maintain and enhance the visual distinctiveness and prominence of the, historic Alameda Theater structure; would effectively enhance the desired pedestrian character of the site's Central Avenue frontage; and would be visually harmonious in height and finish (texture) with the existing, architecturally distinctive Twin Towers 1 Methodist Church on the opposite (northwest) corner of the Oak Street and Central Avenue; • the architectural features of the new parking structure facade along Oak Street would also have an appropriate zero -lot -line relationship to the sidewalk and street and would be visually harmonious in height and finish (brick veneer) with the existing Alameda Free Library structure on the opposite side of the Oak Street; • the intensive zero - lot -line architectural elements of the new cineplex structure and new parking structure, including their ground floor retail storefronts, would serve to balance the affected Central Avenue and Oak Street streetscapes, visually unify the block, create an appropriate sense of place around the Alameda Theater, and introduce needed visual cohesiveness within the block and between the block and surrounding downtown blocks; • the project exteriorr design would be consistent with City- adopted visual and urban design policies for the Downtown and Park Street area; and • the project exterior design would be in compliance with U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration, including standards pertaining to preserving the visual and historic integrity of the onsite Alameda Theater, and standards pertaining to protection of surrounding historic and potentially historic resources. It appears that the current conceptual project design would have a positive (beneficial) visual impact in improving the visual compatibility of the project site, and in general, would visually enhance the surrounding Central Avenue and Oak Street streetscapes, as well as the overall Park Street Historic Commercial District east of the project site. The project design appears to be consistent with applicable City of Alameda General Plan policies pertaining to Downtown visual, aesthetic and urban design factors, and with applicable U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration. Specifically, the current conceptual design includes building heights, scales, and setbacks which are compatible with opposite streetscapes and the adjacent Park Street Historic Commercial District, as well as building placement, height, scale, massing, materials and finishes which appear to be visually sensitive and compatible with the Alameda Theater and surrounding historic and potentially historic structures. Nevertheless, until the project architectural details are finalized, and these preliminary conclusions can be verified by the City of Alameda Historical Advisory Board and City of Alameda Planning Board during the City - required discretionary review processes, it is assumed that the project final architectural design may have a potentially significant adverse visual compatibility impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the 2 project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation AES -1: Project Visual Compatibility Impact. Issuance of a Certificate of Approval by the City's Historic Advisory Board for structural alterations to the Alameda theater with project review and comments to the Planning Board would be required. Additionally, design review and approval by the Alameda Planning Board would be required to finalize the architectural design of the proposed project. To ensure that the final, more detailed project architectural design remains consistent with pertinent City visual and urban design policies and with state and federal historic preservation standards- -i.e., the U.S. Secretary of the Interior's Standards for Rehabilitation and Restoration, retain an independent historic preservation professional to review the project plans and specifications for consistency with these policies and standards. The retained independent professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning and/or Architectural History. Final Historical Advisory Board certification of the structural alterations to the Alameda theater and review and Planning Board approval of the project design review shall include consideration of these independent review findings and any associated design refinement recommendations. Project commitment to this mitigation measure would ensure that any adverse project visual incompatibility impacts would be reduced to a less - than - significant level. 2. Construction - Period Dust Impacts. Construction dust and construction equipment exhaust emissions during the project demolition and construction period could result in temporary but significant nuisance and health impacts on on -site workers and on adjacent and nearby retail, service commercial, office, institutional, and civic uses. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation AQ -1: Construction- Period Dust Impacts. Reduce the severity of project demolition and construction period dust impacts by requiring implementation of the following or similar standard, BAAQMD- approved dust control measures (final list shall be determined to City satisfaction): (a) Periodically water all active demolition and construction areas; 3 (b) Pave, periodically water, or apply (non- toxic) soil stabilizers on all exposed graded areas, unpaved access drives, unpaved parking areas, and/or unpaved staging areas at the construction site; (c) Sweep daily (with water sweepers) adjacent public streets and haul routes, as well as all paved access drives, parking areas, and staging areas at the construction site; (d) Periodically sweep (with water sweepers) any visible soil material carried onto adjacent public streets; (e) Cover all hauling trucks or maintain at least two feet of freeboard; (f) Enclose, cover, periodically water, or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); (g) Install sandbags or other erosion control measures to prevent silt runoff to public roadways; (h) During high wind periods, suspend any activities that cause visible dust plumes that cannot be controlled by watering. Project commitment to these or a similar set of City - approved mitigation measures would reduce this impact to a less - than - significant level. 3. Potential Project Design Effects on the Historic Resources. The existing Alameda Theater building would be rehabilitated and returned to its original use as a theater. The proposed rehabilitation is intended to comply with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. An independent Section 106 review by Carey & Co., historic preservation architects, concludes that the preliminary theater rehabilitation design plans (October 2004) comply with the Secretary of the Interior's standards and their effects would therefore be less than adverse and in most cases beneficial, with overall positive impacts on the Alameda Theater historic resource. In addition, the Carey & Co. review has determined that the proposed project, including the new cineplex and parking structure components, would not have an adverse effect on the Park Street Historic Commercial District, and would not have an adverse effect on other identified and potential historic resources surrounding the project site. However, review of final project design details and specifications would be necessary to ensure that the final design of the theater rehabilitation/restoration and adjacent cineplex and parking structure components continues to comply with the Secretary of the Interior's standards. Therefore, until the project achieves design review approval by the City of Alameda Planning Board, based in part on review and comment by the Historical Advisory Board and the findings and recommendations of an independent professional engaged in preservation- -i.e., is determined by the Planning Board to be consistent with City- adopted standards for design review and with applicable Secretary of the Interior 4 standards for historic rehabilitation and restoration, it is assumed that the project may have a significant adverse effect on the historic Alameda Theater. Finding. The City Council /Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation HIST -1: Potential Project Design Effects on the Historic Resources. To assure project compliance with City policies and standards and state and federal standards pertaining to the protection of historic resources (i.e., the Secretary of the Interiors Standards), issuance of the required Certificate of Approval for the structural alterations to the Alameda Theater by the City's Historical Advisory Board, and the required final design review and approval of the entire project by the City of Alameda Planning Board, shall include consideration of an independent review of the final project plans and specifications by a professional engaged in historic preservation. The review professional shall meet the Secretary of the Interior's Proposed Historic Preservation Professional Qualification Standards (1996) for Historic Architecture, Historic Preservation Planning, and/or Architectural History. Project commitment to this mitigation measure would reduce this impact to a less - than - significant level. 4. Potential Project Construction Period Effects on the Historic Alameda Theater. Carey & Company has also concluded that construction of the new cineplex and parking structure foundations and walls, and other project construction activities including operation of equipment and storage of materials, could have an adverse effect on the existing historic Alameda Theater resource. In particular, operation of construction equipment and storage of construction materials could potentially damage the west elevation (Central Avenue frontage) of the existing historic theater, representing a potentially significant adverse impact. The Carey & Company review has also concluded that the proposed demolition of the Video Maniacs commercial/retail structure would take place far enough away from the existing historic theater so that this activity would not cause direct effects to the theater. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation HIST -2: Potential Project Construction Period Effects on the Historic Alameda Theater. As part of the formal agreement with the project sponsor, the project 5 demolition and construction manager(s) shall include provisions in the project demolition and construction specifications, subject to review and approval by the City, establishing a training program for construction workers emphasizing the importance of protecting historic resources. The provisions shall include directions on being careful when working around and operating equipment near the Alameda Theater; taking reasonable means to minimize vibration from demolition and excavation; and watching, being aware of and reporting to the project sponsor any potential actions or problems that could adversely affect the historic theater or other historic resources in the area. Project commitment to this mitigation measure would reduce this impact to a less -than- significant level. 5. General Potential for Disturbance of Buried Archaeological Resources. Since the entire project site has been previously graded and developed, the potential for encountering buried archaeological resources is minimal. However, some potential for encountering buried archaeological resources does exist from the proposed new grading and excavation activity within the project site, representing a potentially significant adverse impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation CULT -1: General Potential for Disturbance of Buried Archaeological Resources. In the event that any unrecorded archaeological or historical resource is discovered during project earthmoving activities, all grading activity within 150 feet of the resource shall be halted until an appropriate mitigation program is formulated by a qualified archaeologist to the satisfaction of the City's Planning and Building Department. Any such identified cultural resources shall be recorded on DPR 523 (historic properties) forms. Project commitment to this mitigation measure would reduce this impact to a less than significant level. 6. Potential Ground Instability. The project site may be underlain by soils which are susceptible to significant shrink -swell or earthquake- induced lateral spreading, subsidence, liquefaction, and lurching, with associated significant damage to project buildings and other improvements, if not properly engineered to account for this condition. This possibility represents apotentially significant adverse impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. 6 Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation GEO -1: Potential Ground Instability. Complete and implement the geotechnical mitigation recommendations identified in a site - specific geotechnical investigation and engineering study prepared to City satisfaction by a state - certified engineering geologist. Project commitment to this mitigation requirement would reduce this impact to a less - than - significant level. 7. Potential Release of Asbestos and Lead -Based Paint. The proposed project would involve demolition of a one single -story commercial /retail building (Video Maniacs structure) and demolition and repair activities involving the Alameda Theater. Both of these structures include components constructed prior to 1979, when federal legislation regarding the use of asbestos containing materials (ACMs) and lead -based paint (LBP) were enacted. As commonly found in building construction completed prior to 1979, surveys conducted by the City indicate that the Alameda Theater building contains potentially friable asbestos, lead -based paint and four types of mold. Similarly, if the project is expanded in the future to include the Long's Drug store property (Option B), the existing one -story retail structure which would be demolished under that scenario to accommodate the expanded parking garage may also contain potentially friable asbestos, lead -based paint and mold. The proposed demolition and potential renovation activities involving on -site structures could therefore result in the release of asbestos fibers, lead - based paint particles, and toxic mold particles into the environment. Construction workers could be exposed to these hazardous materials during building demolition and renovation activities. Over the longer term, project occupants could also be exposed to these materials if the materials are not properly removed or adequately sealed during project construction. This exposure possibility represents a potentially significant impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation HAZ -1: Potential Release of Asbestos and Lead Based Paint. As a condition of future on -site demolition and/or construction permit issuances, a Phase II Environmental Investigation shall be undertaken by the City of Alameda to identify any and all ACM, LBP, and/or mold remediation measures necessary to comply with the building demolition and hazardous materials removal and disposal regulations administered by the U.S. Environmental Protection Agency (EPA), federal Occupational Safety and Health Administration (OSHA), Ca1OSHA, Bay Area Air Quality Management District (BAAQMD), and all other regulatory agencies with related jurisdiction. The regulations of these agencies apply to the selection of remediation 7 contractors, the set up of the removal operation, and the actual removal and disposal of these materials. Under these regulations, asbestos related work must be performed by a licensed asbestos contractor if there is more than 100 square feet of asbestos involved. If less than 100 square feet is involved, the contractor is not legally required to have the asbestos licensing. However, the contractor must have proper training and utilize the same engineering controls, protective equipment, exposure monitoring, etc., that are required of a licensed asbestos contractor. For this reason, it is recommended that any asbestos related work be performed by a licensed asbestos contractor regardless of the quantity. (Most contractors without asbestos licensing do not have trained asbestos workers or the specialized tools and equipment required to properly perform asbestos related work.) Lead and asbestos surveys should be reviewed/performed and a Demolition Plan for safe demolition of existing structures at the project site should be prepared. All transportation of hazardous or contaminated materials from the site shall be performed in accordance with an approved Demolition Plan and Removal Action Workplan. The Demolition Plan should address both on -site worker protection and off -site resident protection from both chemical and physical hazards. All contaminated building materials shall be disposed of at appropriate licensed landfill facilities. Prior to whole -scale demolition, hazardous building materials such as mold; peeling, chipping and friable lead -based paint; and asbestos - containing building materials, should be removed in accordance with all applicable guidelines, laws and ordinances. The Demolition Plan should include a program of air monitoring for dust and mold particulates and attached contaminants. Dust control and suspension of work during dry windy days should be addressed in the Demolition Plan. For the impact of flaking and peeling lead paint, the requirements of Title 8, California Code of regulations, Section 15321. (T8 CCR 1532.1) must be followed. Project commitment to this mitigation would reduce this impact to a less - than - significant level. 8. Presence of Registered Underground Storage Tank. The previous presence of registered underground storage tanks (USTs) containing petroleum products associated with the previous Texaco Gas station operation on the project site (parcel #12 on Figure 5) is indicated on a 1998 State Department of Toxic Substance Control (DTSC) manifest in City files. As a result, petroleum and hydrocarbons (i.e., gasoline) could be present in underlying soils and groundwater. Construction workers and members of the public may be exposed to these hazardous materials during project construction activities, representing a potentially significant project impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. 8 Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation HAZ -2: Presence of Registered Underground Storage Tank. As a condition of grading permit approval for the proposed project, a Phase II Environmental Investigation shall be undertaken by the City of Alameda. The Phase II investigation would include actual sampling and laboratory analysis of the soil and groundwater on the project site for hazardous materials to identify the nature and extent of these materials in soil and/or groundwater. The following process shall also be undertaken by the City in order to more fully identify and reduce potential impacts associated with the project: To the extent necessary after identification in the Phase II Investigation, and with consultation with appropriate agencies, any affected soil shall be removed, transported and disposed of in an appropriate manner in accordance with federal, state, and local regulations. Potential health and safety impacts associated with excavation within sites where a chemical release has occurred would be minimized by implementing legally required health and safety precautions. For hazardous waste workers, federal and California Occupational Safety and Health Administration (Cal/OSHA) regulations mandate an initial training course and subsequent annual training. Site - specific training may also be required for some workers. Preparation and implementation of a Site Health and Safety Plan and compliance with applicable federal, state, regional, and local regulations would minimize impacts to public health and the environment. The plan would include identification of chemicals of concern, potential hazards, personal protection clothing and devices, and emergency response procedures, as well as required fencing, dust control or other site control measures needed during demolition and excavation. In protecting the workers who would be closest to potential sources of hazardous materials, these health and safety measures would also serve to protect others who live, work, or visit the area during the temporary demolition and construction period. These measures would serve to protect human health and the environment during site demolition, excavation and grading activities, thus minimizing impacts associated with exposure to hazardous materials. Project commitment to this mitigation measure would reduce this impact to a less -than- significant level. 9. Land Use/Noise Compatibility. The projected year 2010 noise environment along Central Avenue and Oak Street (60 to 64 dB La) would make the proposed project along these frontages "Conditionally Acceptable" under the land use /noise compatibility standards of the City of Alameda General Plan Health and Safety Element. The Health and Safety Element indicates that "New construction or development [in such a noise environment] should be undertaken only after detailed analysis of the noise reduction requirements is made and needed noise reduction features [are] included in the [project] design." These provisions indicate a potentially significant impact unless an adequate 9 acoustical analysis is conducted and any study - indicated mitigation needs are incorporated into the project design. Finding. The City Council /Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation NOI -1: Land Use/Noise Compatibility. Conduct and submit an acoustical study that identifies to City satisfaction the noise insulation features and other elements to be included in the design of the project theater rehabilitation, retail and cineplex components sufficient to maintain interior noise levels at or below City standards (45 Ldn). This report shall be submitted to and approved by the Planning and Building Department prior to issuance of a building permit. Project commitment to this mitigation measure would reduce this impact to a less - than - significant level. 10. Santa Clara Avenue /Oak Street Intersection - -Base Conditions Plus Project Option A (Small Parking Structure). During the PM peak hour, levels of service would drop from LOS C to LOS E at the Santa Clara Avenue /Oak Street intersection with the implementation of project Option A (small parking structure), resulting in a significant impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -1: Santa Clara Avenue/Oak Street Intersection - -Base Conditions Plus Project Option A (Small Parking Structure). Modify the signal timing at this intersection to give the greater percentage of time to the north /south traffic flow rather than the east/west traffic flow. Implementation of this measure would improve intersection operations to LOS D, reducing this impact to a less - than - significant level. 11. Santa Clara/Broadway Intersection - -Base Conditions Plus Project Option B (Large Parking Structure). During the PM peak hour, levels of service at the Santa Clara/Broadway intersection would degrade from LOS D to LOS E with the implementation of project Option B (large parking structure), resulting in a significant impact. 10 Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -2: Santa Clara/Broadway Intersection - -Base Conditions Plus Project Option B (Large Parking Structure). Modify the signal timing at this intersection to include a north -south split phase. Implementation of this measure would improve PM peak hour intersection operations to LOS C and reduce this impact to a less - than- significant level. 12. Santa Clara Avenue /Oak Street Intersection -- Cumulative Conditions Without Project. During the PM peak hour, levels of service would drop from LOS C to LOS E at the Santa Clara Avenue /Oak Street intersection as a result of cumulative growth without or with the project, resulting in a significant impact. Finding. The City Council /Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -3: Santa Clara Avenue /Oak Street Intersection -- Cumulative Conditions Without Project. Modify the signal timing at this intersection to give the greater percentage of time to the north/south traffic flow rather than the east/west traffic flow (see Mitigation TRANS -1). The Level of Service at this intersection should be monitored and as warranted, add exclusive eastbound and westbound left -turn lanes with exclusive left -turn signal phasing. Implementation of this measure would improve PM peak hour intersection operation to LOS D and reduce this impact to a less -than- significant level. 13. Santa Clara/Broadway Intersection -- Cumulative Conditions Without Project. In the AM peak hour the Santa Clara Avenue/Broadway intersection would degrade from LOS C to LOS E and in the PM peak hour from LOS D to LOS F, as a result of cumulative growth in Alameda, resulting in a significant impact without or with the project. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. 11 Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -4: Santa Clara/Broadway Intersection -- Cumulative Conditions Without Project. Modify the signalization at this intersection by adding exclusive northbound and southbound left -turn lanes through the removal of on- street parking. Implementation of this measure would improve intersection operations to LOS D in both the AM and PM peak hour, reducing this impact to a less - than - significant level. 14. Lincoln Avenue/Tilden Way/Park Street Intersection -- Cumulative Conditions Without Project. In the PM peak hour, the Lincoln Avenue /Tilden Way/Park Street intersection would degrade from LOS C to LOS E as a result of cumulative growth in Alameda, resulting in a significant impact without or with the project. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -5: Lincoln Avenue/Tilden Way/Park Street Intersection- - Cumulative Conditions Without Project. Add an exclusive left -turn signal phasing on the eastbound and westbound Lincoln Avenue/Tilden Way approaches to this intersection. Implementation of this measure would reduce average delays at the intersection and improve PM peak hour intersection operations to LOS C, reducing this impact to a less-than-significant level. 15. Santa Clara Avenue/Park Street Intersection -- Cumulative Conditions Without Project. In the Saturday mid -day peak hour, the Santa Clara Avenue/Park Street intersection would degrade from LOS C to LOS E as a result of cumulative growth in Alameda, resulting in a significant impact without or with the project. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. Either one of the following mitigation measures indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -6A: Santa Clara Avenue/ Park Street Intersection -- Cumulative Conditions Without Project. As weekend traffic increases, there may be a need to restrict left -turn movements at the Santa Clara Avenue/Park Street intersection. This 12 measure would divert traffic away from the intersection and additional traffic would be expected on Oak Street as a result. The level of service at this intersection should be monitored and left turn restrictions put in place as warranted. Such left- turn restrictions have proven effective in limiting significant impacts during the PM peak hour and are projected to reduce this impact during the Saturday mid -day period to a less -than- significant level. Mitigation TRANS -6B: Santa Clara Avenue/ Park Street Intersection -- Cumulative Conditions Without Project. As weekend traffic increases, add left -turn lanes and exclusive left -turn signal phasing on the eastbound and westbound Santa Clara Avenue approaches to Oak Street. Implementation of this measure would improve Saturday mid- day peak hour operation to LOS D, reducing this impact to a less - than - significant level. 16. Santa Clara Avenue /Oak Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage). Operations at the Santa Clara Avenue /Oak Street intersection would degrade. from LOS E to LOS F during the PM peak hour with the implementation of project Option A (small parking structure), resulting in a significant impact. Intersection operations would remain at LOS E in the PM peak hour with implementation of project Option B (large parking structure). Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -7: Santa Clara Avenue /Oak Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage). Implementation of Mitigation TRANS -3 above would improve PM peak hour intersection operation to LOS D, reducing this impact to a less - than - significant level for project Option A (small parking structure). 17. Lincoln Avenue/Tilden Way/Park Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage). For project Option A (small parking structure), the Lincoln Avenue /Tilden Way/Park Street intersection would degrade from LOS E to LOS F during the PM peak hour resulting in a significant impact. For project Option B (large parking structure), intersection operation would remain at LOS E in the PM peak hour, but delays would increase. Finding. The City CouncillCommunity Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the 13 project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. The following mitigation measure indicates that the identified impact will be reduced to a level of insignificance. 17. Lincoln Avenue/Tilden Way/Park Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage). The adding of exclusive left -turn signal phasing on the eastbound and westbound Lincoln Avenue/Tilden Way approaches to this intersection (Mitigation TRANS -5) would result in LOS C operation in the PM peak hour for both project options, thereby reducing this project - related impact to a less - than - significant level. 18. Santa Clara Avenue/Park Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage). The Santa Clara Avenue/Park Street intersection would degrade from LOS E to LOS F during the Saturday mid -day peak hour with the implementation of project Options A or B, representing a significant impact. Finding. The City Council/Community Improvement Commission hereby makes the followings finding: Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the Initial Study/Environmental Assessment. Facts in Support of Finding. ' Either one of the following mitigation measures indicates that the identified impact will be reduced to a level of insignificance. Mitigation TRANS -9A: Santa Clara Avenue/Park Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage).. As weekend traffic increases, there may be a need to restrict left -turn movements at the Santa Clara Avenue/Park Street intersection (Mitigation TRANS -6A). This measure would divert traffic away from the intersection, resulting in additional traffic on Oak Street. The level of service at this intersection should be monitored and left turn restrictions put in place as warranted. Such left- turn restrictions have proven effective in avoiding significant impacts during the PM peak hour and are projected to reduce this intersection impact during the Saturday mid -day period to a less - than- significant level. Mitigation TRANS -9B: Santa Clara Avenue/Park Street Intersection -- Cumulative Conditions Plus Project Option A (Small Parking Garage) or Project Option B (Large Parking Garage). As weekend traffic increases, add left turn lanes and exclusive left -turn signal phasing in the eastbound and westbound Santa Clara Avenue approaches to Park Street (Mitigation TRANS -6A). Implementation of this measure would improve Saturday mid -day peak hour intersection operation to LOS D, reducing this impact to a less - than - significant level. G:\ PLANNING \SPECPROJ\Alameda Theater \Theater MND Findings (Revised).doc 14 City of Alameda Initial Study /Mitigated Negative Declaration April 19, 2005 Mitigation Monitoring Program EXHIBIT "C" MITIGATION MONITORING CHECKLIST FOR THE ALAMEDA THEATER, CINEPLEX AND PARKING STRUCTURE PROJECT The following mitigation monitoring and reporting checklist has been formulated for implementation of environmental impact mitigation measures identified in the Initial Study /Mitigated Negative Declaration for the Alameda Theater, Cineplex and Parking Structure Project document, dated December 6, 2004, and adopted by the City of Alameda in February 2005. A. STATE MITIGATION MONITORING REQUIREMENT Section 21081.6 of the California Public Resources Code requires all public agencies to adopt mitigation monitoring and reporting programs when they approve projects subject to an EIR or mitigated negative declaration. As mandated by this legislation, a mitigation monitoring and reporting program must be implemented by the lead agency (the City of Alameda) for the Alameda Theater, Cineplex and Parking Structure Project subsequent to City adoption of the mitigated negative declaration for the project. Most of the mitigation measures (conditions for mitigated negative declaration) identified in the Alameda Theater, Cineplex and Parking Structure Protect Mitigated Negative Declaration document have been incorporated into the project. As a result, most of the measures are being or will be implemented and monitored through the City's normal development review procedures for future project implementation actions- -e.g., through design review and/or conditions of approval for individual permits, and associated plan check and construction period field inspection activities necessary to carry out the project. B. MATRIX FORMAT The attached monitoring checklist includes spaces for: (1) a summary of each potentially significant impact identified in the Initial Study /Mitigated Negative Declaration document; (2) a summary of each mitigation measure identified in the Initial Study /Mitigated Negative Declaration document that has been adopted as a condition of project approval by the City; (3) identification of the entity responsible for implementing the mitigation; (4) identification of the entity responsible for verifying that the mitigation has been implemented; (5) identification of the implementation action required and associated timing requirements; and (6) a verification signature and date. C :IDOCUME -1I celiasonl LOCALS -11 Tempi mmp.647. doc EXHIBIT "C" 1 a 5 N t 7 fA E03 .0 g .a 8 o S E 86 Rg E £ w 151 1 c 8-0 fig! 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The Phase 11 investigation would include actual sampling and laboratory analysis of the soil and groundwater on the project site for hazardous materials to identify the nature and extent of these materials in soil and/or groundwater. The following process shall also be undertaken by the City In order to more fully identify and reduce potential Impacts associated with the project: IIDENTIFIED IMPACT c o O y ) "al ti co c a S. 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TEam IDENTIFIED IMPACT Y co W O▪ C a JD o aCs Z 00 0+� (4 O` 3 -a '71 g• °E 4 >s a _J 0 m a. 0-'3 .i • EU2t a4 )a)v >.E gs f/7 C e t - E tE /11151"g-t 1E .=ca 40.coge,=t am � E 2. +. w�(44)m in3.z C :IDOCUME 1lcm userILOCALS51ITemplmmcht647.doc gm O gg of..z wo =EEaci o E nh'. 8c ED .0 0 c : e Pm vCE W W cm EV r E 0 m U 0. 0 m 0 a 0 m m 0 0. 0 0 m RELATED MITIGATION MEASURE a m o0.> 3.mc. my E 0 00 O 0 0 0 o0•'00) .2002§ 0Eas U -c• og 0o<0 EEEc(0aS O a o a 0 m g c 8 0 m c0 no c .•O d m C L O CD C)7 i m - m C m C U eo� -'v c o m EEcv oZ4 r a ) > = <o.; Ei- oot- 'Qo�c >a 4ig po m?V°.a m0a mpc S0-0° 20(0-E v m m 51 8 o c o pts _ 120 n1m�Jm ;:1705Q 1E �mfim0Ya0 20- C0— a; c> m m o w °Pao °'acm$ 0m`o` c Z"= m m Z 2 Z 0 O E m� E m c a a W= c o o._ a,D c E v fi y E a 0. 0 y m ot. .S 0. C 0)0 S al 0 aJ — C C C 7 0Y C ` —, I f0 mm G • O al ' - E m o m•- m m 0 0 y r W 0 m mE zM , :n o 2500.0 3 01-Q o F o< Ea 0 m V) . N . 17 c C y ` O O Y C w :1 02w i- m 1.! Eo III U`Ili E °ym n- cco- w - c•w , >Zam=com <` �._B W= E m 0 oi E� °arEglOmt0 cma„' gp fsi03 CO m U ac3glogcZcw042. 0ciig a m m o v �..; : o c e � cl 0 =& a m c mn mov omm`o ' acmmcE� z cam0 s docmm V E 000 c0Eco0 tg 0 $ ooEm« 2 m0ma md o% Um -mo o`wm'o0m0000m0omo, «�� 2 <8aa{E&nE.-cnv,.-L.-$a'u, =< C :DOCUME 1km userILOCALS- 11Tempimmchi647doc REPORTING OR MONITORING METHOD I additional improvements are warranted. § RELATED MITIGATION MEASURE IDENTIFIED IMPACT 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 day of , 2005, 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 day of , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM To: Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council From: William C. Norton Acting Executive Director /City Manager Date: April 20, 2005 Re: 1) Resolution of the Community Improvement Commission of the City of Alameda Approving and Authorizing Payment of Certain Public Improvements to the Park Street and Otis Drive Intersection; and 2) Resolution of the City Council Approving and Authorizing Execution of a Public Improvements Construction Agreement between the City and Harsch Investment Corporation BACKGROUND Harsch Investment Corp. has undertaken an expansion and renovation of South Shore Center, including a planned 112;000 - square -foot expansion. On July 28, 2003, the Planning Board approved Resolution 03 -40, providing conditional approval for the first phase of this project, including a net expansion that would increase the size of the Center from 545,000 s.f. to approximately 590,000 s.f. South Shore is by far the largest retail center in Alameda and contributed just over $1,000,000 in sales tax revenue to the City in 2004. Once South Shore expands, the existing traffic volumes and added trips will necessitate an upgrade to the signal at Otis Drive and Park Street. Therefore, PB Resolution 03 -40 (Attachment 1) requires that the traffic signal at Park and Otis be upgraded to a fully actuated operation to accommodate background traffic and new trips anticipated by the revitalized center. The upgrades required are not all attributable to South Shore. This intersection is key to the north/south and east /west movement of traffic in this part of the City. The smooth function of this intersection is also key to the behavior of traffic along the full length of Park Street as well as Otis Drive. Because the function of this area impacts the function of Park Street, it is proposed that the City's portion of the upgrade be financed by the resources from the Business and Waterfront Improvement Project (BWIP) Area. Because South Shore is not the only contributor of traffic to this intersection, the upgrade requires a contribution from the City for the non -South Shore Center traffic impacts. Resolution PB 03 -40 references preparation of a financial agreement to divide the cost of construction. Community Redevelopment Law provides for the funding of improvements to public facilities located inside or outside of a Redevelopment Project Area, provided the City Council determines that: (1) improvements are of benefit to the Project Area, and (2) no other reasonable means of publicly financing the improvements are available. Dedicated to Excellence, Committed to Service Re: Resolutions #2 - Council/CIC 5 -3 -05 Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council DISCUSSION /ANALYSIS April 20, 2005 Page 2 The City of Alameda General Plan includes a "not to exceed" delay standard of 55 seconds /vehicle for the entire intersection, or Level of Service (LOS) D. According to PB Resolution 03 -40, the existing signal at Park Street and Otis Drive currently operates at minimum LOS D based on existing trips. Expansion by South Shore Center will cause the projected level of service to drop to LOS E (65.6 seconds) during the weekend mid -day peak hour. Without the modifications, lengths of queues will extend into the Park Street business district portion of the BWIP, causing delays that would exceed the maximum delay standard of LOS D. Once converted to a fully actuated signal, and after South Shore's expansion, the intersection LOS will improve to C (24.4 seconds) during the weekend mid -day peak hour. In addition, the modifications will enable the City to coordinate the traffic signals within the business district with the Park/Otis signal improving the overall progression in the district. The cost of conversion from timed operation to fully actuated operation, including allowance for payment by Harsch of prevailing wage, is estimated to be up to $300,000. This includes design, construction and inspection and would involve the installation of a new signal controller, vehicle loop detectors, signal mast arms, and traffic striping modifications. The City's General Fund does not have adequate resources to undertake the improvements. Under the proposed Agreement (on file with the City Clerk), the City will have the authority to review and approve the construction contract amount. Under the Agreement, Harsch's share of the total cost will be $100,000; the City's share would be capped at $200,000, including the City design costs. The City is responsible for preparing design and construction specifications. Harsch will construct the improvements. FINANCIAL IMPACT There is no impact to the General Fund. Within the Merged BWIP /WECIP budget, there are $70,000 of unallocated funds that will be committed for this purpose during FY 2004 -2005. The balance of $130,000 will be included in the proposed Merged BWIP /WECIP budget for FY 2005 -2006 from available tax increment. The CIC and the City entered into a Cooperation Agreement dated June 18, 1991, which authorizes the CIC to reimburse the City for, among other things, provision of public improvements that benefit the Project Area. At completion, the renovation and proposed expansion of South Shore Center is estimated to generate over $440,000 in new annual sales and property tax revenue for the General Fund (Attachment 2). In addition to these annual increases the City will receive approximately $480,000 in one -time construction improvement tax payments. The CIC's contribution to this project will be limited to a maximum of $200,000. Dedicated to Excellence, Committed to Service G: \econdev \Comm Projects\south shore\reports\2005 \CC -CIC 5- 3- 05.doc F: CP /South Shore Center Honorable Chair and Members of the Community Improvement Commission Honorable Mayor and Members of the City Council RECOMMENDATION April 20, 2005 Page 3 It is recommended that: 1) the Community Improvement Commission of the City of Alameda adopt a resolution approving and authorizing payment of certain public improvements to the Park Street and Otis Drive Intersection; and 2) it is recommended that the City Council adopt a Resolution approving and authorizing execution of a Public Improvements Construction Agreement between the City and Harsch Investment Corporation. WCN /LAL /DES/BJMK:ry R- pect , ly submitted Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business D-velop vision Attachments: 1) Planning Board Resolution 03 -40 2) Sales Tax Revenue Projection ce J. Redev cc: Randy Kyte, Harsch Investment Corporation Michael Corbitt, Harsch Investment Corporation Manager Dedicated to Excellence, Committed to Service G: \econdev \Comm Projects\south shore\reports\2005 \CC -CIC 5- 3- 05.doc F: CP /South Shore Center ATTACHMENT 1 CITY OF ALAMEDA PLANNING BOARD RESOLUTION NO. PB -03 -40 A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA APPROVING PLANNED DEVELOPMENT AMENDMENT, PDA02 -003, AND MAJOR DESIGN REVIEW, DR02 -095 FOR RECONSTRUCTING AND EXPANDING AN EXISTING SHOPPING CENTER AT 21.60 OTIS DRIVE, SOUTH SHORE SHOPPING CENTER WHEREAS, an application was made on July 30, 2002 by Harsch Investment Corp and its affiliate Harsch Investment Realty LLC Series C requesting a Planned Development Amendment, PDA02 -003and Major Design Review DR02 -095, to permit the reconstruction of 545,000 square foot shopping center, and addition of a net 112,000 square feet of retail and office floor area, and amendment to parking regulations for the Center; and WHEREAS, the application was determined to be incomplete for processing by letter dated August 29, 2002; and was subsequently accepted as complete on February 11, 2003; and WHEREAS, the subject property is designated as Community Commercial on the General Plan Diagram; and WHEREAS, the subject property is located in a C -2 -PD, Central Business District, Planned Development Combining Zoning District; and WHEREAS, the Board held a public hearing on this application on May 12, 2003, concluded July 28, 2003, and examined pertinent maps, drawings, and documents dated May 31, 2002 through July 21, 2003 (site plan) and March 11, 2003 (phasing plan); and WHEREAS, the Board made the following findings relative to the Planned Development: 1. The proposed Planned Development is consistent with the General Plan which specifies commercial uses for the site, which is designated as Community Commercial. The Community Commercial designation is intended for a wide range of commercial stores and services, ranging from small stores to larger, auto - oriented businesses. The proposed expansion of retail commercial, restaurant and office uses would be consistent with this designation. 2. The Planned Development is a more effective use of the site than is possible under the regulations for the C -2 zoning district because a Planned Development allows for consolidation of parking and driving aisles for parcels and a comprehensive site design including building location, parking lot design, landscaping and internal circulation to use a site which historically has been linked in this manner. 1 3. The Planned Development, because it incorporates all the mitigations of the Mitigated Negative Declaration, will not have a significant adverse effect on adjacent land uses. WHEREAS, the Board made the following findings relative to the Major Design Review: 1. The project will have no significant adverse impacts on persons or property in the vicinity because the design of the stores is of a similar horizontal low- profile nature to structures in the area and have a unified style and theme fitting to the 1950's- 1970's period in which South Shore developed as a neighborhood. 2. As conditioned, the project will be compatible and harmonize with the design and use of the surrounding area because the buildings would extend the materials, proportions and sizes of stores in the Shopping Center in a manner consistent with past practice. 3. As conditioned, the project is consistent with the City of Alameda Design Review Guidelines because the materials, surfaces, shapes and landscaping relate to nearby structures and provide an attractive streetscape as viewed from adjacent streets and residential areas. WHEREAS, an Initial Study was prepared on the project pursuant to the California Environmental Quality Act, State Clearinghouse Number 2003 - 042 -073, and was circulated for public review between April 12, 2003 and May 12, 2003; and no comments were received which identified new significant environmental impacts which were not already discussed or mitigated in the Initial Study; and WHEREAS, on May 12, 2003 the Board found the Initial Study complete and correct, and after considering public testimony including documents, adopted a Mitigated Negative Declaration, IS02 -0006 and Mitigation Monitoring Program, to address the environmental impacts related to this project, finding no significant environmental impacts from the project as mitigated; THEREFORE BE IT RESOLVED that the Planning Board of the City of Alameda approves Planned Development Amendment PDA02 -003 and Major Design Review DR02 -095, phases II-a, II -b and IV -a only, subject to the following conditions: 1. APPROVED PLAN. The project shall be constructed in substantial compliance with: a) the plans consisting of 30 sheets dated May 31, 2002 through July 21 (site plan) and March 11, 2003 by Field Paoli Architects, et al. including Buildings 100 and 600 (DR03 -0038) and excluding phases ER, IV -b and later phases except pedestrian malls; for the northerly sidewalk between Office Max and future Building 1500, sidewalk width is 4 feet and travel lanes for vehicles are each 10 feet wide; b) a sign program adopted by Planned Development Amendment PDA -97 -05 on December 8, 1997, as amended by tenant signage revision dated March 31, 2003 by Field Paoli Architects titled "Tenant Sign Design Criteria," in 18 pages; and c) communication dated April 11, 2003 by Harsch Investment Corp, incorporating all mitigation measures of the Initial Study into the project. d) Where feasible, the project includes signs directed toward pedestrians and other feasible measures within applicant control to minimize, any conflicting movements between pedestrians at the Washington Mutual ATM machines in the rear of the Washington Mutual building and the adjacent east -west drive aisle on the Center's parking area, to the satisfaction of the Public Works Director. A pedestrian walkway at least 4 feet wide shall be constructed prior to occupancy of Phase II-b, from Office Max to the current Chevron site. e) Phase III, IV -b and later phases are specifically not approved, except that pedestrian mall areas are included in the approved phases. Building 1800 along Shoreline Drive, originally shown in Phase 11 -a, is specifically not approved. However, the denial is without prejudice to a later resubmittal of a new environmental review with traffic study, conforming to California Environmental Quality Act guidelines; and a new Planned Development Amendment and Major Design review. f) The following guidelines are requested to be incorporated into resubmittal of the phases not approved at this time: 1) Provision of a site for future gasoline sales. 2) Shoreline orientation of the approximately 2 acres at Park Street and Shoreline Drive, including the current Picante Restaurant site and planned Building 1800. 3) Inclusion in future phases of bus stops, pedestrian and bicycle paths, bicycle racks, landscaping improvements equal to or better than the improvements shown in the approved phases. Such plans and letter constitute Exhibit "A ", on file in the office of the City of Alameda Planning Department, and are approved except as modified by the conditions in this Resolution. 2. VESTING. The Planned Development Amendment shall terminate on July 28 , 2004, unless actual construction under valid permits has begun, or the developer applies for and is granted an extension prior to expiration; the Planning and Building Director is directed by the Planning Board to rule upon an extension on their behalf. The Planned Development Amendment approval shall not be in force and effect, and no building permits will be issued, unless and until the developer has completed a Lot Merger, Lot Line Adjustment or Parcel Map to eliminate any encroachment ofbuilding walls over property lines, to the satisfaction 3 of the Planning and Building Director. The Design Review approval shall terminate on January 28 , 2004, unless actual construction under valid permits has begun, or the developer applies for and is granted an extension prior to expiration. For initial project vesting, construction within the timelines herein under DR03 -038 for Buildings 100 and 600 with adjacent interior malls shall vest both PDA and Design Review for Phase II -a. Once vested, the PDA and Design Review are approved for a maximum of a limited one and one -half year (1 1/2) year construction period from the date of this Resolution and shall EXPIRE on January 28, 2005 for any portion of this project approval that has not been vested and any additional substantial alteration thereafter shall require a new PDA and Design Review. PHASING THE PLANNED DEVELOPMENT. Phasing is tentatively outlined in Exhibit "A" phasing sheet dated March 2003 from Field Paoli Architects with colors designating phases, subject to Director approval. Only areas shown in contraction of Phases II -a, II -b and IV -a, which shall include completion of the pedestrian mall areas currently shown in Phases IV -b and V, may be constructed. Phasing Amendments shall be as approved by the Planning and Building Director, with balanced improvements to parking, landscaping, public facilities including drainage, utilities and transportation. AMENDMENTS TO THE PLANNED DEVELOPMENT. Pursuant to Alameda Municipal Code, minor architectural changes such as storefronts, door and window openings with less than 5% (five percent) change in floor area may be approved administratively by the Planning and Building Director in Design Review. 3. LEASING . The applicant shall provide copies of these conditions with each lease over 10,000 square feet or to smaller leases upon request. 4. TRANSPORTATION. Prior to issuance of a Building Permit for the site, the applicant shall execute an agreement with the Public Works Director to implement the following measures:. OTIS/PARK INTERSECTION. Currently during Baseline conditions Otis/Park intersection operates at LOS D with an additional 150 feet of southbound right turn lane. Within 6 months the City Public Works Department (PW) will remove 150 feet ofparking on the west side to provide for a dedicated southbound right turn lane. During Baseline Plus Project conditions this intersection will operate at LOS E (65.6 seconds) during the weekend mid- day peak hour. For Baseline Plus Project it is required that the signal be changed from pre - timed operation to fully- actuated. This will involve the installation of a new signal controller, vehicle loop detectors, signal mast arms, traffic striping modifications and all equipment necessary to fully actuate the intersection. With these improvements the intersection LOS will improve to C (24.4 seconds) during the weekend mid -day peak hour. For Cumulative Plus Project additional lanes will be required. At the time the total shopping center area increases beyond 590,000 square feet PW will require the applicant to submit design drawings with the building permit application. At the 4 time the building permit is issued, PW will require the intersection improvements be awarded for construction. The City continues to work with the applicant regarding his request for financial assistance with construction of the signal. Certificate of occupancy will not be issued until construction of the required intersection improvements are completed. The applicant will have 100% responsibility for construction of these improvements, review, permitting, inspection and processing. The applicant may elect to request the City construct the improvements and provide the City with the necessary funding. If this option is selected, negotiations would be needed so that a design would be ready to meet the schedule identified above. The cost for additional lanes will be shared between the City and the applicant based upon a prorated traffic contribution. OTIS /PROJECT ACCESS - TRADER JOE'S DRIVEWAY. Currently the unsignalized intersection of Otis/Project Access - Trader Joe's driveway operates at LOS C and therefore no mitigation is needed. The signal warrant associated with the northbound approach from the shopping center meets the peak hour warrant for signalization during the weekday PM peak hour and weekend mid-day peak hour. At Cumulative Plus Project the northbound left turn movement will gradually degrade. Therefore, if applicants would like to install a signal to improve the traffic operations at this location they will have 100% financial responsibility. OTIS /PROJECT ACCESS - EASTERNMOST DRIVEWAY. Based on observed and project vehicle queuing on Otis Drive during peak commute periods, it is required that this driveway be limited to right -turn -only inbound/outbound with a physical barrier (concrete channelization island to accommodate right turn in and right turn out movement). An annual monitoring will be conducted to review the conflict of right out movement with Otis Drive eastbound through traffic. The applicant will have 100% responsibility for construction of theses improvements, review, permitting, inspection and processing. PARK/PROJECT ACCESS NORTH DRIVEWAY. With projected vehicle queues for the southbound right -turn movement from Park Street into the project driveway, it is required that the intersection be monitored for potential vehicle queuing conflicts. An annual monitoring report is to be submitted to PW in a pre- approved format. If the Public Works Director receives any objections to the traffic into this driveway, the Director will have the prerogative to request additional monitoring reports from the applicant. Should vehicle queuing at this intersection for southbound right -turns cause conflicts PW will require the installation of a separate right -turn deceleration lane. The applicant will have 100% responsibility for construction of these improvements, review, permitting, inspection and processing. BICYCLE /TRANSIT/PEDESTRIAN. Based on meetings between AC Transit staff and the developer, transit routing will be located along Whitehall Drive, within the Center. Traveling in the eastbound direction, a transit stop will be located along Whitehall at the far (east) side of the intersection at South Shore Center Drive. A striped transit only lane, 10 feet wide, will be provided for a bus to pull out of the through traffic lane when loading/unloading passengers. Also along Whitehall, in the eastbound direction, a transit 5 stop will be located prior to the intersection with Park Street. In the westbound direction along Whitehall, transit stops, including striped transit only lanes (10 feet wide) will be located west of the intersection with Park Street (adjacent to Building 1500) and at the near side of the intersection with South Shore Center Drive. Back -out parking will not be permitted along a transit route. Bus turnouts may not double as temporary or permanent truck loading areas. Bus turnouts and platforms must be consistent with AC Transit Standards Manual. There will be a minimum-of four (4) transit stop locations within the Center, two (2) in each direction. In addition, the actual bus stops /pads at the multi -modal transit center should be constructed of concrete rather than asphalt to prevent wear. Where possible as confirmed by the Public Works Director, bus stops shall be east of South Shore Center Drive. The easterly Whitehall transit terminal shall be separated from the truck loading area of Building 1500 by landscaped trellises, walls and other barriers to create a secure space for transit patrons. Signs shall be placed throughout the shopping center directing transit patrons to the new transit stops. Each transit stop will be outfitted with bus shelters and bus benches consistent with ADA guidelines and the AC Transit Standards Manual. Crosswalks and ramps must be provided consistent with ADA guidelines. Bicycle parking throughout the Center will be held to a standard of one (1) bicycle parking space per thirty (30) auto parking spaces. Locations and number of bicycle parking racks throughout the Center will be agreed upon by the Public Works Director or designee and the Developer on a phase by phase basis. The total number of spaces will attempt to remain as close as possible to the 1 to 30 ratio within reason. Proper signage will be located throughout the Center directing bicyclists to bicycle parking locations. A 4 foot wide raised concrete pedestrian path will be installed from existing Chevron to existing Office Max on the east -west driveway to Public. Works standards. Where backout parking is adjacent to the main mall buildings, every 10`h parking space in such areas will be striped for pedestrian access to the mall; except that the pedestrian space in ADA parking spaces will qualify as the pedestrian access at that point. BUS SHELTER. Prior to issuance of building permits, the applicant shall submit and obtain Planning and Building Director and Building Official approval for design of at least four (4) all- weather bus shelters when the current bus shelter requires closure or relocation, and shall install the bus shelter prior to approval of occupancy. Bus lines and shelters shall be designed to the satisfaction of Alameda Contra Costa Transit and the Public Works Director. Should AC Transit decide to suspend bus service for any reason, the Public Works Director shall determine that bus service near the Center will be a satisfactory substitute, prior to issuance of building permits for the subsequent phase. 6 Bus shelter, bus bench and cross walks shall comply with Americans with Disabilities Act Guidelines and be approved by the Public Works Director. Bus turnout and platforms are shown on Exhibit "A" and shall be consistent with AC Transit Standards Manual and bus stops shall be located per the manual apart from one another in an east -west direction unless modified by the Public Works Director. 5. OTHER PLANNED DEVELOPMENT REGULATIONS. All regulations of the Alameda Municipal Code shall apply to the Planned Development of South Shore Shopping Center, as amended, except where express provisions have otherwise been made in this Planned Development Amendment approval. 6. PARKING. The shopping center shall at all times operate with at least 4.0 parking spaces per 1,000 square feet of retail, restaurant or office area then being occupied or constructed, whichever is greater conforming to City parking design standards. Should the shopping center fall below the 4.0 parking spaces to 1,000 square feet ratio, the owner shall prevent construction of additional sufficient retail and office space so that the project returns to the 4.0/1,000 parking ratio overall. All parking areas on all parcels shall be made accessible to all other portions of the center through recorded documents including joint access and reciprocal parking easements to the satisfaction of the Planning and Building Director. 7. SIGNAGE PROGRAM. All signage installed at the site shall be in compliance with the approved signage program for South Shore Shopping Center, as outlined in PDA 97 -05, Exhibit "C ", consisting of nine pages, prepared by the applicant, stamped received "October 24, 1996 ", and on file in the Planning Department offices, except as modified by Exhibit "A" of this Planned Development Amendment. Back -lit (ground mounted- lighted) palm trees are not signs. No sign shall be installed without prior issuance of a sign permit. 8. ALAMEDA POWER AND TELECOM. The developer shall install new substructures including conduits, pullboxes, and transformer pads necessary to serve the proposed improvements. The developer shall grant all easements to Alameda Power and Telecom necessary for the provision and maintenance of electrical service to the site. Easements shall include metes and bound descriptions and plats and shall be prepared by a licensed land survey or civil engineer qualified to practice land surveying. Existing easements that are no longer applicable after the proposed improvements are operational shall be vacated at the direction of AP &T and City Engineer. Prior to issuance of permits for placement of structures, the approval of the Planning and Building Director regarding location and screening shall be obtained. 9. STORM AND SANITARY SEWER ANAYLSIS Applicant shall provide in conjunction with building and site improvement plan submittals, storm drain and sanitary sewer flow calculations of the existing and proposed development. Pipes shall be upgraded as necessary to meet increase flows if applicable. Existing sanitary sewer pipes not requiring replacement shall be inspected and any inflow and infiltration from open joints, broken pipe, etc. shall be 7 rehabilitated by means acceptable to the City Engineer (i.e. slip lining, pipe bursting, replacement, inversion lining, etc.) by phase. 10. PLANS. Site civil improvement, traffic signing, striping and detouring, landscape, irrigation, utility, and urban runoff (see below) plans shall be submitted either separately or in conjunction with building plans to Building and Planning Services for review by the City Engineer. 11. FIRE DEPARTMENT. Prior to issuance of building permits, the applicant shall provide plans for approval of the Alameda Fire Department. The building shall be fitted with automatic fire sprinkler systems to NFPA 13 standards to the satisfaction of the Alameda Fire Department. Prior to raising building walls, the developer shall have already adjacent or install at his expense on -site one or more 3,000 gallon per minute fire hydrant(s) be located and installed to the satisfaction of the Alameda Fire Department. 12. URBAN RUNOFF. Redevelopment projects shall minimize stormwater pollutant discharges through implementation of construction sediment control and post - construction design and treatment measures, incorporating appropriate source control and site design measures to the maximum extent practicable per requirements of the Alameda Countywide Non - Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit. Approval of this resolution does not lock -in the current NPDES permitting requirements for the life of the project. Subsequent changes to the NPDES permitting requirements may occur during project phasing and shall be incorporated into the design unless otherwise conditioned under the NPDES permit regulations. a. Design review submittals shall include a table showing the amount of pervious and impervious areas prior to redevelopment and the amount of pervious and impervious area after redevelopment. Areas shall be given in square feet. Conceptual proposals shall be included during design review process showing methods by which impervious surfaces will be minimized and the entry of pollutants to the storm drain system will be reduced. Such methods may include methods such as pervious parking stalls using interlocking pavers, and sand filter inserts and units within storm drain structures. b. Post - construction storrnwater treatment control measures shall be included into project construction plans prior to issuance of any building or grading permit. A treatment measure operation and maintenance (O &M) plan shall be subject to review and approval by the City Engineer. O &M plans shall include treatment type, Location, maintenance requirements, maintenance schedule and assurances of party responsible for O &M. c. Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration, and minimize the use of fertilizers and pesticides that can 8 contribute to stormwater pollution. Where feasible landscaping should be designed and operated to treat stormwater runoff. d. Construction activities shall comply with Notice of Intent (NOI) and Storm Water Pollution and Prevention Plan (SWPPP) NPDES permitting requirements. Design plans shall include a plan for erosion and sediment control measures that implements current Best Management Practices (BMPs) during construction activities. The erosion and sediment control plan is subject to review and approval by City Engineer. e. Trash enclosures and /or recycling areas must be completely covered with no surface flows from other areas draining into this area. BMP's shall be implemented to prevent potential stormwater pollution. Self contained trash compactors are considered covered. These BMP's may include, but are not limited to, a regular program of sweeping, litter control and spill clean-up. Mobile washing and discharges must be conducted according to the Mobile Cleaner Best Management Practices for Waste Water Runoff developed by the Cleaning Equipment Trade Association. f. Loading dock areas should be designed to minimize the amount of storm water run - on onto the loading dock area. Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to . discharge to the storm drain system. g. Food retailers (including restaurants and grocery stores) must be designed to prevent the discharge of wastewaters from the cleaning of mats, equipment and containers to the storm drain system. Contained wash areas shall be covered or designed to prevent run -on or runoff from the area and shall not discharge to the storm drain system. BMP's shall be implemented to prevent potential stormwater pollution. These BMP's may include, but are not limited to, a regular program of sweeping, litter control and spill clean -up. Mobile washing .and discharges must be conducted according to the Mobile Cleaner Best Management Practices for Waste Water Runoff developed by the Cleaning Equipment Trade Association. h. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution and to minimize the amount of flows to the sanitary sewer drains at locations indicated under e,f & g above. The Operation and Maintenance plans per Item #b above shall address these requirements. 13. LANDSCAPING. Prior to issuance of building permits the applicant shall specify the size, type and number of trees, shrubs and ground cover. All landscaping and irrigation shall be installed prior to approval of occupancy. 9 a. The developer shall be required to install trees as shown on the approved landscaping plan for approved phases_ in Exhibit "A." Exact number of street trees to be planted, species, location and size of trees shall be to the satisfaction of the Planning and Building Director and the Public Works Director. Trees that are 15 gallon size or larger shall be specified unless otherwise directed by the Planning and Building Director. Each tree well shall have at least a 15 gallon tree approved by the Planning and Building Director. There shall be at least one tree per 4 to. 8 parking spaces in any reconstructed portion of the parking lot, averaging 1 per 4 in the 46 acre project or as approved by the Director, with trees being installed with that phase prior to occupancy of adjacent reconstructed buildings. Eucalyptus trees are not approved. Patin trees may apply toward achieving the required tree ratio with Planning and Building Director approval on a phase by phase basis, and Planning Board approval of the first phase (Building 200), where the palm species provide suitable shade and greenery. The applicant shall obtain reports by certified professional arborist(s) regarding the most effective species of palms to be used, and the most effective pruning manner for canopy trees to promote spreading growth rather than maintaining initial tree size and spread. Each double parking row shall have at least two (2) trees except for Phase 1. b. Shrubs of a minimum 5 gallon container size shall be planted in landscape islands, the central mall and other areas, and other shrubs approved by the Planning and Building Director. At the entrance driveways, accent plants such as annual or perennial flowering plants and shrubs shall be installed to the satisfaction of the Planning Director. c. The applicant shall install rows of paten trees along each major north/south entrance driveway to the Center (3 from Otis Drive), as shown on Exhibit "A." Installed trees shall be secured and supported during the first year of planting by triangulated boards or other method approved by the City Building Official, following the practice used in 2002 for installation of palm trees leading to the Trader Joe's entrance, in order to avoid the 2002 toppling of trees in high winds. d. Landscaping including shrubs and trees or a decorative fence or wall shall screen all above- ground utility boxes and structures, to the satisfaction of the Planning and Building Director. • e. Trees shall not be located within easements. f. Trees shall be maintained and watered in a healthy state to achieve a canopy of greenery within the parking areas. Diseased trees shall be removed and replaced immediately with healthy trees of the same or similar species. 10 14. LIGHTING. Prior to issuance of building permits, the applicant shall submit a lighting plan and details of lighting fixtures for Planning and Building Director review and approval. The lighting fixtures shall be substantially compatible with existing lighting fixtures in the Shopping Center parking lot. Lighting shall be installed in substantial compliance with City standards as determined by the Chief Building Official, Police Department and AP &T. All on -site lighting shall be downward- directed lighting and shielded to avoid lighting impacts on adjacent residential areas, except that palm trees may be back -lit by ground- mounted lights in the manner established for the palms leading to Trader Joe's in 2002. 15. AFFORDABLE HOUSING COMPLIANCE. The project is subject to the Affordable Housing Unit/Fee Ordinance (Alameda Municipal Code Section 27 -1). The applicant must provide housing units, pay an in -lieu fee or prepare an Affordable Housing Unit/Fee Plan and secure the approval of the Housing Development Manager, prior to issuance of a building permit. The applicant must provide the housing units or pay the Affordable Housing fee, as calculated in the approved. Plan, prior to issuance of the certificate of occupancy. 16. CONSTRUCTION REGULATIONS a. Prior to start of work of demolition, remodeling or construction, the applicant shall provide a draft waste management plan to the Public Works Environmental Services Division. This can be in any format, but must include the following: i. Contractor's name, address, and telephone number ii. Project location and /or street address iii. Anticipated start and completion dates of the project iv. A list of materials expected to be generated (e.g., glass, wood, metal, drywall, concrete, bricks), the tonnage or volume of each material, how they are to be reused, disposed or recycled, and the destination/processor for that reuse, disposal or recycling. The Environmental Services Division will review this draft plan, and any changes or recommendations shall be incorporated into the site plans for the project. At the end of the demolition, remodeling or construction project, the contractor shall submit a report to the Environmental Services Division on actual tonnages disposed or recycled for each material, and the actual destination/processor. b. Construction activities shall be limited to the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. Noise - generating construction activities shall be limited to the hours of 8:00 a.m. and 5:00 p.m. except that within the main mall, construction may commence at 7:00 am with City Engineer approval. Work on Saturdays shall require special approval of the city engineer. No construction activity shall be permitted on Sundays or State and Federal holidays. Work requiring inspection after 11 3:30 p.m. weekdays will require city construction inspection fee at time and a half (1- 1/2). , Said fee will be in accordance with the latest public works fee overtime schedule. Work done on Saturdays requiring inspection is prohibited unless approved by the city engineer and an inspector is available. Inspection fees for Saturday work will be at time and a half (1 -1/2) with a four -hour minimum. c. All construction vehicles shall adhere to City of Alameda truck routes. d. Storage of construction material and equipment on city streets will not be permitted. e. The contractor shall provide all lights, signs, barricades, flagmen, or other traffic safety devices necessary to provide public safety in accordance. The contractor shall provide a traffic control plan to the approval of the city engineer. The contractor shall allow a minimum of 5 working days for review. f. Temporary no parking on City streets for construction will require posting of "No Parking Signs" 48 hours in advance. Signs are available at the Building Services Office, Room 190, City Hall. A fee will be charged for the signs. Only City of Alameda issued no parking signs will be allowed. The contractor shall allow a minimum five working days for review. g. Construction equipment shall be properly snuffled. Unnecessary idling of grading construction equipment is prohibited. h. Stationary noise - generating construction equipment such as compressors shall be located as far as practical from occupied residential housing units. i. Contractor shall be responsible for responding to any local complaints about construction noise. j. Construction equipment, tools, etc. shall not be cleaned or rinsed into a street, gutter, storm drain or stream. Shovel or vacuum saw -cut slurry and remove from site. k. A contained and covered area on -site shall be used for storage of cement bags, paints, flanmables, oils, fertilizers, pesticides, or any other materials that have potential for being discharged to the storm drain system by wind or in the event of a material spill. 1. All construction debris shall be gathered on a regular basis and placed in a dumpster which is emptied or removed weekly. When feasible, tarps shall be used on the ground to collect fallen debris or splatters that could contribute to stormwater pollution. Any temporary on -site construction piles shall be securely covered with a tarp or other device to contain debris. 12 m. Concrete /gunite trucks and concrete /plaster finishing operations shall not discharge wash water into the street gutters or drains. n. Trash and debris shall be cleaned up daily on all public streets in the project vicinity and along haul routes. Sweep as needed and as directed by the Public Works Inspector. 17. HAZARDOUS MATERIALS. Prior to demolition and construction related activities for the Chevron Station and the existing Safeway site, or any other sites on local materials governmental lists, hazardous material assessment studies must be performed by qualified soils professionals, in order to determine the extent of any site contamination. Once these studies have been completed and have received City Building Official approval, the applicant and the contractor shall comply with the Phase II recommendations of a soils engineering report. 18. PERMITTED USES. The permitted uses within the PD shall be those permitted uses of the C -2 and C -C zoning districts; the conditional uses within the PD shall be the conditional uses of the C -2 and C -C zoning districts, except as herein further limited. 19. HOURS OF OPERATION. The Center shall not be open to the public nor shall truck loading be conducted, before 7:00 a.rn. or after 10:00 p.m. except that Use Permits or Planned Development Amendments may request additional hours for specified uses. The truck loading areas for the two supermarkets shall be on the north sides of the markets only. 20. ARCHITECTURE. Prior to issuance of building permits, the applicant shall subunit for Final Design Review and Planning and Building Director review and approval, architectural details and final colors and materials for the buildings, including but not limited to all trim and cornice elements, canopies, trellises, vine planting grills and the trash and recycling enclosures. Minor alterations to plans of Exhibit "A" may approved by the Planning and Building Director. Significant alterations may require review by the Planning Board, as determined by the Plamung and Building Director. The applicant shall conform to the Public Art Ordinance and shall include public art approved by the Recreation and Parks process in each phase. That process may, in its discretion, find decorative mall paving, fountains and other upgrades to existing mall surfaces created by artists to qualify as a portion of public art. 21. PHASING. The project may continue construction until January 28, 2005, for approximately one and one half years from approval.. The applicant may develop phases as approved by the Planning and Building Director, except that no single -year phase shall exceed 15 acres, nor 200,000 square feet of rebuilt building area, nor 800 parking spaces. The required pro -rata share of parking, landscaping, pedestrian and bicycle trails shall be installed with the phase being rebuilt. 13 22. MAXIMUM STORE SIZE. The project may include one store of up to 90,000 square feet in floor area and two stores each of up to 60,000 square feet. Any larger store shall require a Planned Development Amendment. The applicant expressly states that there is no present intent to install a supersized department store larger than 90,000 square feet in area at this location. All stores selected shall relate primarily to the needs of the Alameda market, including food, clothing, books and music, household items, entertainment items, sporting goods, home furnishings and remodeling, jewelry, services such as optometry and tax preparation; and shall exclude stores which primarily sell automobiles, large auto parts, recreational vehicles, bulls raw materials such as lumber, and similar bulky and occasionally purchased items. Additions or modifications of less than 5% (five percent) in overall Center area may be approved by administrative Design Review. 23. PLANNING AND BUILDNG DEPARTMENT INSPECTION. At least 4 days prior to approval of occupancy, the applicant shall notify the Planning and Building Department to inspect the building and site to assure compliance with these conditions. 24. SOUTHEAST CORNER OF SITE This phase is denied without prejudice for the current application. Prior to issuance of building pennits for the phase including the present carwash site, and Building 1800 together, or for Building 1000 and subsequent phases, whichever is earlier, the applicant shall submit to the Planning Board for Planned Development Amendment and Major Design Review a plan for site improvements and elevations, plazas, drives, landscaping which provides a water orientation for this 2 acre portion of the site, with pedestrian scale and access, minimizing vehicular traffic which may conflict with pedestrian use and unified design theme. 25. MITIGATION MONITORING. Prior to issuance of building permits and during construction, the applicant shall assure implementation of the Mitigation Monitoring Plan, incorporated herein by reference. 26. ACKNOWLEDGMENT OF CONDITIONS. The applicant shall acknowledge in writing all of the conditions of approval and must accept this permit subject to those conditions and with full awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in order for this Planned Development Amendment to be exercised. 27. HOLD HARMLESS. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this Planned Development Amendment and Design Review approval that the applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning the subject property, which action is brought within the time period provided for in Governunent Code Section 66499.37. The City of Alameda shall promptly notify the developer of any claim, action or proceeding and the City 14 shall cooperate fully in the defense. If the City fails to promptly notify the developer of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold harmless the City. The decision of the Planning Board shall be final unless appealed to the City Council, in writing and any such appeal must be made within ten (10) days of the decision or decision on any appeal by completing and submitting an appeal form and paying the required fee. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 maybe prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6. 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 the requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. PASSED AND ADOPTED this 28th day of July, 2003 by the Planning Board of the City of Alameda by the following vote: AYES: (6) Piziali, Cook, Cunningham, Bard, Gilmore, Rossi NOES: (0) ABSENT: (1) Lynch ATTEST: / -0:4- a • •vir i Planning Board y Fuz, Secret 15 Acknowledgment of Conditions: I hereby acknowledge receipt of Planning Board Resolution No. PB -03-40 for, the Planning Board's approval of PDA02- 0003/DR02 -0095, approved on July 28, 2003, and in accordance with Conditions herein, I hereby verify that I understand and agree to comply with the Conditions of Approval of s 'd Planning Board Resolution No. PB -03 -40 and the applicable provisions of ¶hapter 30 of the meda Municipal Code (Zoning Ordinance). Executed at: By: On: 4C City Applicant G r4.11AA L lv►4Nn6 - s 0"-,2 Date Title APPLICANT MUST FILL OUT AND RETURN TO THE PLANNING DEPARTMENT. G:\ PLANNING \PB\RESO\2003\5soujuly.doc 16 ATTACHMENT 2 Page 1 of 1 1 AL1-41.4. 111 •t Si 1 SOUTH SHORE CENTER .I.. ...�. • . -. EXISTING -"- --- - - - - - -- - -- PROPOSED EXPANSION (square feet) - NET CHANGE COMMENTS SIZE 545,000 sf to 657,000 sf 112,000 sf increase in gross retail space TOTAL RETAIL SALES $275 -$325 psf = typical level of community shopping center sales, Based on industry standards. ESTIMATED INCREASE IN TAXABLE SALES due to size increase 112,000 sf x $300 psf = $33,600,000 of new retail sales annually = $319,200 of new annual sales tax revenue to City General Fund ($9,500 per $1,000,000 of taxable sales or 0.95 %) INCREASED ASSESSED VALUE of New Buildings $48 million increase in assessed value over four years. Increase of $125,000 of new annual property tax to General Fund plus $480,000 one time, construction improvement tax TOTAL New General Fund revenues = $444,000 (319,200 + 125,000) annually PLUS $480,000, in one -time taxes. Dedicated to Excellence, Committed to Service G: \econdev \Comm Projects\south shore\reports\2005\Attachment _fiscal impact.doc F: CP /south shore center /Park and Otis Signal/Construction Agreement COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING PAYMENT OF CERTAIN PUBLIC IMPROVEMENTS TO THE O LU PARK STEEET AND OTIS DRIVE INTERSECTION z ®� 0 WHEREAS, the Community Improvement Commission of the City of Alameda ( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the Business and Waterfront Improvement Project ( "Project "); and LU WHEREAS, the City of Alameda ( "City ") approved the reconstruction and expansion of the South Shore Shopping Center ( "Center ") in accordance with City's standards and procedures, which has resulted in the attraction of new retailers and provided a stimulus for increased economic activity not only in the Center, but also along the City's downtown Park _Street corridor located within the area of the Project ( "Project Area "); and WHEREAS, the increased economic activity within both the Center and the Project Area has resulted in increased vehicular traffic further exacerbating the existing inadequate traffic circulation along the Park Street corridor, both throughout the entire BWIP Project Area and outside the BWIP Project Area, which is causing delays that exceed the City's General Plan requirements; and WHEREAS, in order to improve vehicular and pedestrian safety and alleviate traffic congestion along Park Street throughout the Project Area and immediate neighborhood areas surrounding the Project Area, new signalization improvements to the Park Street and Otis Drive intersection are needed to change the existing, pre -timed signal to a fully actuated signal, including: installation of a new signal controller, vehicle loop detectors, signal mast arms, traffic striping modification and all equipment necessary to fully actuate the intersection ( "Public Improvements "); and WHEREAS, Section 323 of the Plan authorizes the Commission to install, construct or pay for public improvements either within or outside the Project Area; and WHEREAS, Commission and City entered into a Cooperation Agreement dated June 18, 1991, which authorizes the City to assist the Commission in carrying out the Plan and the Commission to reimburse City for such assistance, including the provision of public improvements that benefit the Project Area; and WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Commission is authorized, with the consent of the City Council, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the project area or the immediate area in which the project is located, that no other CC /CIC Resolution #2 (CIC) 5 -3 -05 reasonable means of financing such building, facility, structure or other improvement are available to the community, that the payment of funds for the cost of the building, facility, structure or other improvement will assist in the elimination of one or more blighting conditions inside the project area, and that the provision of the building, facility, structure or other improvement is consistent with the implementation plan adopted by the Commission; and WHEREAS, the Public Improvements were covered by a Mitigated Negative Declaration for the Center adopted by the City Planning Board on May 12, 2003; and WHEREAS, the City of Alameda ( "City ") wishes to assist the Commission in carrying out the Plan by undertaking and being responsible for a portion of the costs ,of the Public Improvements and the Commission wishes to reimburse City for the City's portion of the costs of the Public Improvements. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Commission hereby finds and determines that the provision of the proposed Public Improvements is necessary to effectuate the purposes of the Plan, and the Commission is authorized, with the consent of the City Council, to provide such Public Improvements. The Commission further finds and determines that the Public Improvements are of primary benefit to the Project Area and the immediate neighborhood in which the Project Area is located; that no other means of financing the Public Improvements is available to the City; that the payment of funds by the Commission for such Public Improvements will assist in eliminating blight within the Project Area and is consistent with the Commission's Implementation Plan adopted pursuant to Section 33490 of the Community Redevelopment Law. These findings and determinations are based upon the following facts: a. The Public Improvements are located within three blocks of the BWIP Project Area and will alleviate traffic congestion and improve pedestrian and vehicle traffic safety along the entire downtown Park Street corridor within the Project Area which will assist in attracting more business and strengthening the retail and commercial functions and the economic base of the downtown area within the Project Area; b. The owner of the Center is already being required to pay for a portion of the costs of the Public Improvements, and the City does not have funds available for the remaining costs of the Public Improvements; c. The Public Improvements will eliminate blight by eliminating inadequate traffic circulation conditions within the Project Area; d. The Public Improvements are consistent with the Implementation Plan for the BWIP, as the Implementation Plan's goals and programs provide for the elimination of inadequate public improvements, and the strengthening of retail and other commercial functions in the downtown areas and of the economic base, and the provision of improvements to public infrastructure of benefit to the BWIP Project Area and the implementation of General Plan recommendations. -2- Section 2. The Commission hereby approves and authorizes payment to City of City's portion of the Public Improvements costs (the "Commission Share ") as set forth in the Public Improvements Construction Agreement between City and Harsch Investment Corp., the Owner of the Center. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda at a meeting assembled on the day of , 2005, 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 Commission this day of , 2005. Lara W. Weisiger, Secretary Community Improvement Commission Beverly Johnson, Chair Community Improvement Commission CITY OF ALAMEDA RESOLUTION NO. APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT BETWEEN THE CITY AND HARSCH INVESTMENT CORP. 0 u- 0 WHEREAS, Harsch Investment Corp. ( "Harsch ") is the owner of the South Shore cc Shopping Center in Alameda ' California (the "Center"); and 0 WHEREAS, by Planning Board Resolution No. PB- 03 -40, the City of Alameda ( "City ") approved the reconstruction and expansion of the South Shore Shopping Center ( "Center it Improvements "), subject to various conditions, one of which is construction and installation of U new signalization improvements to the Park Street and Otis Drive intersection to change the existing, pre -timed signal to a fully actuated signal, including: installation of a new signal controller, vehicle loop detectors, signal mast arms, traffic striping modification and all equipment necessary to fully actuate the intersection (the "Public Improvements "); and WHEREAS, the Center Improvements have attracted new retailers that have provided a stimulus for increased economic activity not only in the Center, but also along Park Street within the Business and Waterfront Improvement Project (the "BWIP "); and WHEREAS, the increased economic activity within both the Center and the area of the BWIP ( "BWIP Project Area ") has resulted in increased vehicular traffic further exacerbating the existing inadequate traffic circulation along the Park Street corridor, both throughout the entire BWIP Project Area and outside the BWIP Project Area, which is causing delays that exceed the City's General Plan requirements; and WHEREAS, the Public Improvements will be of primary benefit to the BWIP Project Area as they will improve vehicular and pedestrian traffic safety and alleviate the traffic congestion not only at the intersection of Park Street and Otis Drive, but also along the entire downtown Park Street corridor within the BWIP Project Area; and WHEREAS, due to the Public Improvements being of primary benefit to the BWIP Project Area, City believes it is fair and equitable for Harsch and the City, on behalf of the Community Improvement Commission of the City of Alameda ( "Commission "), to share the costs of the Public Improvements; and WHEREAS, City and Commission entered into a Cooperation Agreement dated June 18, 1991, which authorizes the City to assist the Commission in carrying out the Plan and the Commission to reimburse City for such assistance, including the provision of public improvements that benefit the BWIP Project Area; and CC /CIC Resolution #2 (CC) 5 -3 -05 WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the Commission is authorized, with the consent of the City Council, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or without a project area upon a determination by the City Council that such building, facility, structure or other improvement is of benefit to the project area or the immediate area in which the project is located, that no other reasonable means of financing such building, facility, structure or other improvement are available to the community, that the payment of funds for the cost of the building, facility, structure or other improvement will assist in the elimination of one or more blighting conditions inside the project area, and that the provision of the building, facility, structure or other improvement is consistent with the implementation plan adopted by the Commission; and WHEREAS, the Public Improvements were covered by a Mitigated Negative Declaration for the Center adopted by the City Planning Board on May 12, 2003; and WHEREAS, the City desires to enter into the Public Improvements Construction Agreement, attached hereto as Exhibit A ( "Public Improvements Construction Agreement ") with Harsch to set forth the terms and conditions for the design, construction, installation and payment of the Public Improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. City Council hereby finds and determines that the provision of the proposed Public Improvements pursuant to the Public Improvements Construction Agreement is necessary to effectuate the purposes of the Plan, and the Commission is authorized, with the consent of the City Council, to provide such Public Improvements. The City Council further finds and determines that the Public Improvements are of primary benefit to the BWIP Project Area and the immediate neighborhood in which the Project Area is located; that no other means of financing the Public Improvements is available to the City; that the payment of funds by the Commission for such Public Improvements will assist in eliminating blight within the BWIP Project Area and is consistent with the Commission's Implementation Plan adopted pursuant to Section 33490 of the Community Redevelopment Law. These findings and determinations are based upon the following facts: a. The Public Improvements are located within three blocks of the BWIP Project Area and will alleviate traffic congestion and improve pedestrian and vehicle traffic safety along the entire downtown Park Street corridor within the Project Area which will assist in attracting more business and strengthening the retail and commercial functions and the economic base of the downtown area within the Project Area; b. The owner of the Center is already being required to pay for a portion of the costs of the Public Improvements, and the City does not have funds available for the remaining costs of the Public Improvements; c. The Public Improvements will eliminate blight by eliminating inadequate traffic circulation conditions within the BWIP Project Area; d. The Public Improvements are consistent with the Implementation Plan for the BWIP, as the Implementation Plan's goals and programs provide for the elimination of inadequate public improvements, and the strengthening of retail and other commercial functions in the downtown areas and of the economic base, and the provision of improvements to public infrastructure of benefit to the BWIP Project Area and the implementation of General Plan recommendations. Section 2. City Council hereby approves and authorizes the Commission to pay for City's portion of the Public Improvements costs as set forth in the Public Improvements Construction Agreement. Section 3. The City Council hereby approves the Public Improvements Construction Agreement substantially in the form attached hereto as Exhibit A, subject to any minor conforming, technical or clarifying changes approved by the City Attorney. The Acting City Manager is hereby authorized and directed to execute the Public Improvements Construction Agreement on behalf of the City Council. PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT THIS PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT is made this _ day of , 2005, by and between CITY OF ALAMEDA, a California municipal corporation ( "City "), and HARSCH INVESTMENT REALTY, LLC, SERIES C, a Delaware limited liability company ( "Developer "). RECITALS The following recitals are a substantive part of this Agreement: A. Developer is the owner of that certain real property known as the South Shore Shopping Center, located at 2160 Otis Drive, Alameda, California ( "Property "). B. By City Planning Board Resolution No. PB -03 -40 adopted on July 28, 2003 ( "PB Resolution "), Developer was granted approval for reconstruction and expansion of the South Shore Shopping Center ( "Project "), subject to various conditions, including a requirement that upon reaching certain square footage thresholds, Developer construct and install new traffic signalization at the intersection of Otis Drive and Park Street to change the existing pre -timed signal to a fully actuated signal, including installation of a new signal controller, vehicle loop detectors, signal mast arms, traffic striping modification and all equipment necessary to fully actuate the intersection ( "Public Improvements "). The Public Improvements shall be in accordance with the Preliminary` Plans for Signal Modification at Otis Drive and Park Street Intersection, Sheets 1 -4, dated March 1, 2005, attached hereto as Exhibit A and incorporated herein. C. Developer's Project has attracted new retailers that have provided a stimulus for increased economic activity not only within the South Shore Shopping Center ( "Shopping Center "), but also along the entire Park Street corridor area of the Business and Waterfront Improvement Project Area ( "BWIP Project Area "). Without the Public. Improvements, the increased economic activity within the BWIP Project Area, together with additional square footage planned for the Project, will add to Park Street's already inadequate traffic circulation by lengthening the queues at the Park Street and Otis Drive intersection thereby further backing up traffic along the entire Park Street corridor of the BWIP Project Area. D. On June 18, 1991, City and the Community Improvement Commission of the City of Alameda ( "Commission ") entered into a Cooperation Agreement which authorizes the City to assist the Commission in carrying out the Community Improvement Plan for the Business and Waterfront Improvement Project ( "Plan ") and the Commission to reimburse the City for such assistance, including the provision of public improvements that benefit the BWIP Project Area. E. Developer and City desire to enter into this Agreement to provide, among other things, for Developer's construction, installation, and dedication to City of the Public G: \econdev \Comm Projects \ south shore\ Agreements \DMDOCSS - #804072 -v3D- Public_ Improvements _Construction_Agreement - _A]ameda.DOC 804072v3D 21942/0001 Improvements and to set forth the parties' respective obligations with respect to payment of the costs of said Public Improvements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is agreed between the parties as follows: 1. Purpose. The purpose of this Agreement is to guarantee Developer's satisfactory and timely completion of the Public Improvements, to ensure Developer meets the conditions and requirements of the Planning Board's approval of the Project, and to set forth the parties' respective obligations with respect to payment of the costs of said Public Improvements. 2. Developer Deposit. At the time of execution of this Agreement by Developer, Developer shall deliver to City a deposit in the amount of TWENTY -FIVE THOUSAND DOLLARS ($25,000.00) ( "Deposit ") for use by City to pay (i) City's out -of- pocket costs incurred in connection with the design of the Public Improvements and the preparation of plans and specifications therefor, and (ii) the inspection fees payable in connection with City's inspection of Developer's work of Public Improvements ( "City Costs and Fees "). In the event the City Costs and Fees exceed the amount of the Deposit, City shall notify Developer, from time to time, in writing of the additional amount(s) needed to pay the City Costs and Fees and within ten days of such notification, Developer shall deliver such additional amount(s) to City and such amount(s) shall become part of the Deposit. If, following Developer's completion of the Public Improvements and City's acceptance of the dedication thereof, City determines that the City Costs and Fees are less than the amount of the Deposit, City shall return the remaining amount of the Deposit to Developer. 3. Duty to Design, Construct, and Install Public Improvements. Within 30 days following the date of this Agreement and City's receipt of the Deposit described in paragraph 2 above, City shall prepare or cause to be prepared and deliver to Developer the final construction plans and specifications for the Public Improvements. As a condition of approval of the Project, the PB Resolution requires Developer to provide the Public Improvements at the time the total square footage of the Shopping Center exceeds 590,000 square feet ( "Square Feet Threshold "). As described in Developer's schedule for construction of additions to the Shopping Center attached hereto as Exhibit B and incorporated herein ( "Construction Schedule "), the additions to Building 700 will result in the Shopping Center exceeding the Square Feet Threshold. Therefore, prior to City' issuance of a building permit for any additions to Building 700, Developer agrees to enter into a written contract with a licensed general contractor(s) reasonably acceptable to City to construct and install the work of Public Improvements in accordance with City's plans and specifications. City shall have the right to review and reasonably approve or disapprove the contract award amount and the time period specified in the contract for performance of the work of Public Improvements. City shall approve or disapprove the contract award amount and time period within ten (10) business days of Developer's written request, which shall be accompanied by a copy of the proposed contract. Following City's approval of - 2 — G: \ econdev \Comm Projects\ south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_ = Alameda.DOC - 804072v3D 21942/0001 said contract award amount and time period and Developer's receipt of all permits and approvals required for construction of the Public Improvements, Developer shall commence and complete construction and installation of the Public Improvements within the times and in accordance with the provisions set forth in paragraph 5 below. 4. Payment of Public Improvements Construction Costs. All costs of constructing and installing the Public Improvements shall initially be borne by Developer. Provided (i) Developer has timely completed the Public Improvements in accordance with City's plans and specifications therefor, and all other requirements of the City Municipal Code and rulings made under it; and (ii) Developer is not in default of any of its obligations under this Agreement; and (iii) City has accepted dedication of the Public Improvements, then City shall, within ninety (90) days following City's acceptance of the dedication and Developer's written request, pay to Developer an amount equal to the lesser of (a) the .total amount of Eligible Costs (defined below) incurred by Developer in connection with the design, construction and installation of the Public Improvements minus $100,000.00 or (b) TWO HUNDRED THOUSAND DOLLARS ($200,000.00) ( "City's Share ") to reimburse Developer for a portion of said Eligible Costs. Developer's written request for disbursement of City's Share shall identify the total Eligible Costs incurred by Developer and shall be accompanied by copies of invoices, cancelled checks and such other evidence as may be reasonably requested by City supporting the Developer's asserted amount of City's Share. "Eligible Costs" means the total out -of- pocket costs and expenses paid by Developer (i) to City for the City Costs and Fees and (ii) to general contractor(s) approved by City pursuant to paragraph 3 above for the work of Public Improvements. Developer's staff time and attorneys fees (other than attorneys fees recoverable under paragraph 18, below) shall be borne by Developer at its expense and shall not be included for purposes of calculating City's Share. 5. Schedule and Completion. Subject to force majeure delays described in paragraph 20 below, Developer shall commence and complete the work of Public Improvements within the construction time period approved by City pursuant to paragraph 3, above. All work of Public Improvements shall be completed in a good and workmanlike manner, in accordance with City's construction plans and specifications and accepted construction practices and in a manner equal or superior to the requirements of the City's Municipal Code and rulings made under it. Notwithstanding any other provision hereof to the contrary, Developer must satisfactorily complete the work of Public Improvements in accordance with the terms of this Agreement and obtain City's final acceptance thereof prior to issuance of any certificate of occupancy for any addition to Building 700 that would cause total square footage of the Shopping Center to equal or exceed 590,000 square feet. Developer acknowledges that renovation and expansion of all tenant spaces in Building 700 as shown on Exhibits C -1 and C -2 is expected to cause the Center to exceed 590,000 square feet. It is agreed that Noah's Bagels, First United Services Bank, Dollar Tree and Anna's Linens are existing tenants and may remain in occupancy, but occupancy of any expansion area that takes the overall project square footage over 590,000 square feet will be contingent on satisfactory completion of the Public Improvements and City's final acceptance thereof. - 3 — G: \ econdev \ Comm Projects \south shore \ Agreements \ DMDOCS1- #804072 -v3D- Public_Improvements_ Construction _Agreement_- _Alameda.DOC 804072v3D 21942/0001 6. Security Deposits. Within ten (10) calendar days after City's completion of the plans and specifications for the Public Improvements, and in any event prior to Developer's commencement of any work of Public Improvements,. Developer shall furnish to City two security deposits in the form of surety bonds, irrevocable standby letters of credit, cash deposits, pledges of securities, certificates of deposit, or other forms of security acceptable to the City, each of which shall be equal to 100% of Developer's general contractor contract price, as security (a) for the payment of all persons performing labor and furnishing materials and (b) for the faithful performance of the construction of the Public Improvements. If the security deposits are in the form of surety bonds, the surety issuing said bonds shall be admitted in the State of California and shall be reasonably acceptable to the City. In addition, the performance bond(s), whether issued by individual or corporate surety, shall, among other required terms and conditions, contain conditions that (i) death of the named principal shall not operate as a release of the obligation hereunder of the surety and (ii) extensions of time, if any, granted by City to Developer or its contractor(s) for performance of the work of Public Improvements covered by the bond shall not exonerate said surety, but rather shall extend for a like time the period of limitations during which said surety shall remain bound by the undertaking. Upon satisfactory completion of the Public Improvements, City's final acceptance thereof and expiration of applicable statute of limitation time periods, City shall release and/or return to Developer the security required to have been provided pursuant to this paragraph, but excluding therefrom the warranty period security called for in the paragraph below. Upon satisfactory completion of the Public Improvements and prior to City's final acceptance thereof, Developer shall furnish to City a surety bond or other form of cash or security acceptable to the City in an amount equal to ten percent (10 %) of the Developer's general contractor contract price as security to guarantee performance of any corrective work throughout the warranty period described in paragraph 9 below. 7. Encroachment Permit. Developer, at its expense as an Eligible Cost, shall obtain from City an encroachment permit for the work of Public Improvements at least fifteen (15) calendar days before commencement of the Public Improvements work. S. Approval of Permits. Developer shall be responsible for obtaining, at its expense as an Eligible Cost, all permits and approvals required for construction and installation of the Public Improvements. City and Developer agree to act promptly and in good faith to expedite the issuance of permits necessary for the Public Improvements. 9. Warranty Period; Repair and Reconstruction. If, within a period of one (1) year after City's final acceptance of the Public Improvements, . all or any portion of the work of Public Improvements installed or constructed under this Agreement, fails to fulfill any of the requirements of the Agreement or the specifications referred to herein due to failure of or defect in materials or workmanship, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement after written notice from City, or should the exigencies of the case require repairs, replacements or reconstruction to be made before Developer can be notified, City may, - 4 -- G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements _Construction_Agreement = _Alameda.DOC 804072v3D 21942/0001 at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City the actual cost of such repairs, replacements and reconstruction, plus ten percent (10 %). Except where the exigencies of the case require immediate action, City agrees to notify Developer in writing if the Public Improvements fail to fulfill any requirements of this Agreement and to specify the failure of or defect in materials or workmanship and the actions required to be taken by Developer to cure the deficiencies. Upon notification of any such defect, Developer shall correct, remedy or cure the defect within thirty (30) days or, if such defect cannot be cured within thirty (30) days, then within such longer period, provided Developer commences to cure the defect within such thirty- (30) day period and thereafter diligently prosecutes said cure to completion. 10. Property Owner Not Agent of City. Neither Developer nor its agents or contractors or subcontractors are agents of City in connection with the performance of Developer's obligations under this Agreement. 11. Indemnification. Developer agrees to indemnify and hold the City harmless from any and all claims for loss, damage, injury, or liability as defined in this paragraph 11. a. As used in this paragraph "City" means the City of Alameda and the Commission, and its and their respective elective and appointive boards, commissions, officers, employees, consultants, agents and representatives. b. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below (except for liability or claims resulting from the sole active negligence or willful misconduct of the City), including personal injury, death, property damage, or any combination of these, and including the defense of any suit, action or other proceeding concerning these. c. The actions causing liability are any act or omission (negligent or non - negligent) in connection with the matters covered by this Agreement and attributable to Developer or any contractor, subcontractor, agent or employee of Developer, including failure of either Developer or its contractors or subcontractors to take out and continuously maintain Workers' Compensation Insurance. The actions also include the act of approving this Agreement by the City. The indemnification in this paragraph 11 is not conditioned or dependent on whether or not the City has insurance or other indemnification covering any of these matters. 12. Public Liability and Property Damage Insurance. Developer shall procure Commercial General Liability Insurance protecting. Developer, City and Commission from incidents as to bodily injury liability (including death) and property damage liability that may occur as a result of the work of Public Improvements. Developer shall provide a certificate of insurance to City prior to commencing the Public Improvements work (or prior to commencement of any work within the public right -of -way, whichever occurs first). The insurance policy shall contain, or be endorsed to contain, the following provisions: - 5 — G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_- _A]ameda.DOC 804072v3D 21942/0001 a. City, Commission, and its and their officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, Commission, and its and their officers, officials, employees and agents. b. The amounts of public liability and property damage coverage shall not be less than FIVE MILLION DOLLARS ($5,000,000) per occurrence for bodily injury, death, and property damage. c. The insurance shall be written on an occurrence form and shall be maintained in full force until the Public Improvements work has been completed to the satisfaction of the City Engineer. d. The insurance policy shall provide for thirty (30) days notice of cancellation to City. The policy shall not be canceled, nor the amount of coverage be reduced, earlier than thirty (30) days after City receives notice from the insurer of the intent of cancellation or reduction. e. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to City, Commission, and its and their officers, officials, employees, consultants and agents. f. Developer's insurance coverage shall be primary insurance as respects City, Commission, and its and their officers, officials, employees, consultants and agents. Any insurance, self- insurance or joint self - insurance maintained by City, Commission, or its or their officers, officials, employees, consultants or agents shall be in excess of Developer's insurance and shall not contribute to it. g. Companies writing the insurance under this paragraph 12 shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 13. Workers' Compensation Insurance. Developer shall not allow any work on the Public Improvements to begin until Workers' Compensation Insurance has been obtained for all employees of Developer and any contractor or subcontractor performing the work, in accordance with the provisions of California Labor Code Section 3700, et seq. If a class of employees is not protected under the Workers' Compensation Law, the Developer shall provide, or have each contractor and subcontractor provide, adequate insurance for the protection of employees not otherwise protected. 14. Compliance with Laws. Developer shall carry out the work of Public Improvements in conformity with all applicable laws, including State Labor Code and Public Contracts Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code and City 6— G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_- _Alameda.DOC 804072v3D 21942/0001 Charter; and all applicable disabled and handicapped access requirements, including the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 15. Prevailing Wage Obligations. Developer acknowledges and agrees that the work of Public Improvements will constitute "public works" as defined in Labor Code Section 1720 in that such Public Improvements involve construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds under Labor Code Section 1720. Accordingly, Developer shall comply with all State Labor Code requirements and other applicable laws, regulations, ruling and requirements pertaining to public works, including those pertaining to payment of "prevailing wages" (collectively, "Public Works/Prevailing Wage Laws "). Developer shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Developer; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to the City and its designees for inspection and copying during regular business hours at the Property or at another location within the City of Alameda. Developer shall also include in Developer's general contractor agreement a provision, in a form acceptable to City, obligating Developer's general contractor to require its contractors and/or subcontractors to comply with all such Public Works/Prevailing Wage Laws. Developer shall defend City and Commission, and its and their respective officers, employees, agents and representatives (collectively, "Indemnitees ") from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs) (collectively, "Claims "), arising out of or in any way connected with Developer's obligation to comply with all Public Works/Prevailing Wage Laws with respect to the work of Public Improvements, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and/or 1781, as amended and added by Senate Bill 966. Developer hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with Developer's obligation to comply with the Public Works/Prevailing Wage Laws pursuant to this paragraph 15. Developer is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." As such relates to this paragraph 15, Developer hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. 16. Notice of Breach and Default; Developer Right to Cure. If Developer refuses or fails to timely complete the work of Public Improvements, or if the Developer is adjudged - 7 — G: \ econdev \ Comm Projects \ south shore \ Agreements \ DMDOC S1- #804072 -v3D- Public_ Improvements _Construction_Agreement_ _Alameda.DOC 804072v3D 21942/0001 bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed in the event of Developer's insolvency, or if Developer or any of Developer's contractors, subcontractors, agents or employees violate any of the terms of this Agreement, the City may serve upon the Developer and the financial institution holding the security deposit or issuing the surety bonds written Notice of breach and default of this Agreement. Developer shall have ten (10) days from receipt of the Notice of a breach and default to cure the specified breach and default. 17. Breach of Agreement; Performance by City. If, following Notice from City, Developer fails to cure the breach and default within the time set forth in paragraph 16, City may proceed to complete the Public Improvements work by contract or other method City considers advisable, at the sole expense of Developer. Developer, immediately upon demand, shall pay the actual, out -of- pocket costs and charges related to said work, together with a ten percent (10 %) overhead charge. In this event, City, without liability for doing so, may take possession of and utilize in completing the work such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the security deposit or issuing the surety bonds shall be liable to City to pay the actual, out -of- pocket costs and charges related to said work, together with a ten percent (10 %) overhead charge incurred by City as provided herein for completion of the Public Improvement, up to the face amount of the obligations specified under paragraph 6. 18. Remedies. Either party may bring legal action to: (a) compel performance of this Agreement by the defaulting party; and (b) recover the defaulting party's share of the costs of completing the Public Improvements, including the non - defaulting party's administrative and legal costs. The parties agree that if legal action is brought by any party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover all of the costs of suit and reasonable attorney's fees, and all other expenses of litigation as determined by the Court. No failure on the part of a party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that said party may have hereunder. 19. Notices, Demands, and Communications between the Parties. Any approval, disapproval, demand, document or other notice ( "Notice ") which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means, including via first -class mail, personal delivery or overnight courier, to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. To City: City of Alameda 2264 Santa Clara Avenue, Room 120 Alameda, California 94501 Attention: City Manager and: City of Alameda Public Works Department 950 West Mall Square, First Floor - 8 - G. \econdev \Comm Projects \south shore \Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_- _A]ameda.DOC 804072v3D 21942/0001 Alameda, California 94501 Attention: Public Works Director and: City of Alameda Development Services Department 950 West Mall Square, First Floor Alameda, California 94501 Attention: Development Services Director To Developer: and: Harsch Investment Realty, LLC, Series C 523 South Shore Center West South Shore Shopping Center Alameda, California 94501 Attention: Michael Corbett, Retail Portfolio Manager Harsch Investment Realty, LLC, Series C 1121 SW Salmon Street Portland, OR 97205 Attention: Legal Department Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first -class mail, postage prepaid, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. 20. Enforced Delay; Extension of Times of Performance. Subject to the limitations set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or priority; litigation, including court delays; unusually severe weather; acts or omissions of the other party; or acts or failures to act of other public or governmental_ agency or entity (other than the acts or failures to act of City which shall not excuse performance by City). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice by the party claiming such extension is sent to the other party within thirty (30) days . of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Developer. 21. Change of Property Owner. If the Developer identified under the introductory . paragraph to this Agreement ceases to have a legal interest in the Property, then a Notice to that effect shall be filed with the City. The Notice shall include the name and address of the new owner of the Property, a copy of the deed, and- a new form of security from the new owner - 9 — G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_Improvements_Conatruction _Agreement_- __4lameda.DOC 804072v3D 21942/0001 conforming to the requirements of paragraph 6. Upon the filing of the Notice with the City, the successor owner shall be charged with the obligations of Developer under this Agreement. 22. Heirs, Successors, and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties to it. 23. Alteration of Agreement. Developer hereby stipulates and agrees, on behalf of itself and the financial institution holding the security deposit or issuing the surety bonds, that any addition, alterations or modifications to this Agreement or to the plans and specifications for the Public Improvements, including any extension of time within which the work hereunder may be completed, shall in no way affect its obligations on the improvement security furnished hereunder. Developer stipulates and agrees that, in the event of an uncured default by Developer, it shall have no right to dispute the propriety of any demand made by the City for the payment of the improvement security furnished hereunder. 24. Miscellaneous Terms and Provisions. a. This Agreement and the encroachment permit to be obtained by Developer as provided in paragraph 7 above, contain the full, final, and exclusive statement of the contract of Developer and City regarding the Public Improvements to be constructed by Developer. b. If any provision of this Agreement is adjudged invalid, the remaining provisions of it shall not be affected. c. If there is more than one signer of this Agreement as Developer, their obligations are joint and several. d. Time is of the essence with respect to the performance by Developer of each and every obligation and condition of this Agreement. e. The headings contained in this Agreement have been inserted for convenience only and in no way define or limit the scope of interpretation of the Agreement. f. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or limited liability company, that such partnership, corporation or limited liability company has full right and authority to enter into this Agreement and perform all of its obligations hereunder. g. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. h. The laws of the State of California shall govern the interpretation and enforcement of this Agreement without reference to principles of conflict of laws. Venue for any - 10 — G: \econdev \Comm Projects \south shore \ Agreements \ DMDOCS1-#804072-v3D- Public Improvements _Construction_Agreement_ _Alameda.DOC 804072v3D 21942/0001 action brought under this Agreement shall be in the Superior Court of Alameda County, California. i. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, this Agreement shall be interpreted as though drafted by both parties and neither party may rely upon Civil Code section 1654 to interpret any uncertainty in the meaning of the Agreement. j. This Agreement may only be modified or amended by mutual written agreement of both parties. G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_- _Alameda.DOC 8O4072v3D 21942/0001 IN WITNESS WHEREOF, City and Developer have executed this Agreement on the respective dates set forth below. CITY: CITY OF ALAMEDA, a California municipal corporation Dated: , 2005 By: William C. Norton, Acting City Manager ATTEST: Lara W. Weisiger, City Clerk APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: cV Matth -.w Naclerio Publ. •. jks Direct i r (f eh" / Leslie A. Little Development Services Director Dated: -AND -- DEVELOPER: HARSCH INVESTME w . smite f i Ra o y Kyte, : enior , ice President SERIES C, a D 2005 By: , LLC, ility company - 12 — G: \econdev \Comm Projects \south shore\ Agreements \DMDOCSI - #804072 -v3D- Public_ Improvements _Conatruction_Agreement - _Atameda.DOC 1304072v3D 21942/0001 EXHIBIT A PRELIMINARY PLANS FOR SIGNAL MODIFICATION [Sheets 1 -4, dated March 1, 2005, incorporated herein by reference, and on file for public review in the City of Alameda Public Works Department] C: \Documents and Settings \catt usr \Local Settings \Temp \replacementpageA.doc 804072v3D 21942/0001 EXHIBIT B SOUTH SHORE CONSTRUCTION SCHEDULE CO CO g i gg WW • 10 10 8 cc c. Z M m 700 CBO2 -0148 CO: 8 o O COCO g Aaa iig a e, 04 el. ES te C7 Nk 4�8 Cs m l 8 illitg �ff ga cCOI. '+ o M scr u r O it) a co L CO•° 10 *0101 co aaMM comt- Bldg 700 total (inclusive G: \econdev \Comm Projects \south shore\ Agreements \DMDOCS1 - #804072 -v3D- Public_ Improvements_ Construction _Agreement_- _Alameda.DOC 804072v3D 21942/0001 EXHIBIT C -1 EXHIBIT C-2 --0 tiM',NNWN,A0;,6 4 4.4:6Av4 4,„ \V.'s\ NS 's r■ \ Ns 1\***,M NWN.,\■ • 1000000,1,10,, WAIM k., NoKztudi. t .1,1 ikkrY. 'e*,4,40'4.4,4'1.40'70,10 41,1. It■I .t.11■111 • 111W11011 10111611i'' E .TF;11)1L1Hal iiiiiii iiiiiii ii lir 0 is' i=,-41..14 • 111111:f1;. - ...E1.1. t. 1.11 1 iiiiiiiiiiiiiiiiiiiii 1 11111111.r 1 I illill'TI I .41.4..•.i4.4 .•.;,,ri',11;rii'‘ii4i.i:4,'. „.q.,.1-,...:1„I.. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the City Council of the City of Alameda at a meeting assembled on the day of , 2005, 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 Council this day of , 2005. Lara W. Weisiger, City Clerk Beverly Johnson, Mayor CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: William C. Norton Acting Executive Director Date: April 20, 2005 Subject: Recommendation to Approve an Amended Contract with Architectural Resources Group, Inc. by Increasing the Contract Amount an Additional $44,275 to Provide Additional Pre - Planning Services for the Proposed Alameda Theatre Project. BACKGROUND Over the past two years, the City has been proceeding with planning activities for the possible historic rehabilitation of the Alameda Theatre, in conjunction with a multi- screen theater and parking structure project. These activities have included the City selecting historic preservation architects, Architectural Resources Group (ARG), to provide feasibility and cost estimates for the potential historic rehabilitation of the Alameda Theatre. In November 2003 the Community Improvement Commission (CIC) contracted with ARG to prepare preliminary cost estimates, base drawings, code analysis, testing, and recommendations for interior rehabilitation. The cost of that contract was $78,890. Since then, the CIC has amended ARG's contract three times to authorize performance of expanded services necessary to move the proposed historic theatre project forward. First, in June 2004, the CIC approved a $129,200 amendment to provide additional testing and analysis of system improvements with complete cost estimates for potential rehabilitation of the Theatre. Second, in October 2004, the CIC approved a $43,550 amendment to coordinate with the preliminary designs for. the Cineplex and parking structure. Third, in December 2004, the CIC approved a $320,000 amendment to produce construction documents. The total amount allocated to date for ARG's scope of work is $571,640. DISCUSSION /ANALYSIS Section 106 of the National Historic Preservation Act of 1966 (NHPA) mandates an historic preservation review process to protect historic properties. The City has contracted with a Section 106 expert (Robert Bruce Anderson) to help meet and satisfy these provisions. The proposed contract amendment would enable ARG to provide Mr. Anderson a document that outlines the specific treatment to individual character defining features of the Alameda Theatre, which will be used to satisfy the Section 106 requirements. In addition, the proposed contract amendment will include developing construction documents and specifications for the ADA ramp and Exit Stair Enclosure located directly west of the Dedicated to Excellence, Committed to Service Report #3 - Council/CIC 5 -3 -05 Honorable Chair and Members of the Community Improvement Commission April 20, 2005 Page 2 auditorium of the Alameda Theatre. This amendment would facilitate the planning process for the project and provide a base for further development, should the CIC decide to move forward with this project. A copy of the contract and its amendments is on file with the City Clerk. BUDGET /FINANCIAL IMPACT This project will be funded by the 2003 Merged Area Bonds and will not impact the General Fund. Architectural fees for this phase of work will not exceed $44,275 for a total contract amount of $615,915. RECOMMENDATION It is recommended that the Community Improvement Commission approve the amended contract with Architectural Resources Group, Inc. by increasing the contract amount an additional $44,275 to provide additional pre - planning services for the proposed Alameda Theatre Project. WCN /LAL /DES /EF:ry Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Busines e evelopment Division Eric Fonstein Management Analyst cc: Architectural Resources Group, c/o Naomi Miroglio Dedicated to Excellence, Committed to Service G: \econdev\Eric \Theatre \Contracts \CIC 5 -3 -05 ARG Amendment.doc F: CP /Alameda Theatre Project/Architectural Resources Group (ARG) WHEREAS, the City of Alameda is home to more than 12,500 citizens aged 60 years or older; and WHEREAS, the older Americans of the City of Alameda are a vital part of our City's demographic makeup; and WHEREAS, older citizens are members of our community entitled to dignified, independent lives free from fears, myths, and misconceptions about aging; and each community in America should recognize the contributions of our older citizens, understand and address their evolving needs, and support their caregivers; and our society is dependent upon intergenerational cooperation and support, and benefits from our collective efforts to serve older Americans and the people who love them; and this year marks the 40th anniversary of the passage of the Older Americans' Act by the United States Congress; NOW, THEREFORE, I, Beverly Johnson, Mayor of the City of Alameda, do hereby proclaim May as in the City of Alameda and encourage everyone in our community to respect the independence of our Older Americans, and to be sensitive and supportive of their needs and accomplishments. CITY OF ALAMEDA Memorandum To: Honorable Mayor and Councilmembers From: William C. Norton Acting City Manager Date: April 26, 2005 Re: New Main Library Project Update Attached to this memorandum is the May 1, 2005, Library Construction Report. Respectfully submitted, , William C. Norton Acting City Manager Attachment Susan Hardie Library Director "Dedicated to Excellence, Committed to Service" Report #343 5 -3 -05 61 O Construction Re CZ .- 0 00 0 a) a1 O a. 0 c 0 3 0 g o E E aa) U v) 00 O a w 0 do Y, o 0i v O O Q N O r( /" .O N ~ u. �.) .c °' a ° 0 a o •3 0 O b .� -d a .0 0 ° g o 0 0 O o U 0 .0 O N ,, 2 2O -O 0 .4 - 0 .. 3 U 0 0 O Pcd O N vj a) N N 0.) w cn 4 w_ N N Q .., w. . _ a C� . o O .� ° a c4,1 714 2 09 a N : N 'b p "0 � .0 >, p. U p a c) O 0 .O ,. 0 O 0 0 O I; o p 0 O U a) i0.) cd O > .b •'. Oa W o = U g'a 3 z, E w w a) 0 ti w 0 ,y Q o . .. 0. ,� C U � U ateD ' �O 0 O 0 u. �� 0 0N . N 'd .� • O , K pp O = 0 G) p O O. O a U vO >, w a) O p ° .O OQ O .G - U O 0 H ) U '. cz O ) g 0 a � . w :a H,,„H ..GA 6 it • • • • • • • Er • 6 • 6 • .s f� . ;l pal Dedicated to Excellence, Committed to Service V cD 000 0000 000 0000 L. G NOO or- oo C' O N o o O N O° 27,073,249.00 Sources Subtotal: 4,377,811.00 Expenditures to date: 22,695,438.00 Balance Available: G: \Library\New Main Library FS 04- 05.xls UNAPPROVED MINUTES MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY - - APRIL 19, 2005 - - 7:30 PM Mayor Johnson convened the Regular Meeting at 8:07 p.m. ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (05- ) Mayor Johnson presented the Resolution Commending Alameda Police Department Sergeant Jon Westmoreland after the Proclamation. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (05- ) Proclamation declaring April 23, 2005 as Earth Day Alameda 2005. Mayor Johnson read and presented the Proclamation to Paul Groff, Allegra Printing. Mr. Groff thanked the Council for the Proclamation. REGULAR AGENDA ITEM (05- ) Resolution No. 13828, "Commending Alameda Police Department Sergeant Jon Westmoreland for His Contributions to the City of Alameda." Adopted. Mayor Johnson read and presented the Resolution to Sergeant Jon Westmoreland. Sergeant Westmoreland thanked the Council and stated that he was honored to have served the City. Councilmember Matarrese moved adoption of the Resolution. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. CONSENT CALENDAR Mayor Johnson announced that the recommendation to authorize the Acting City Manager or designee to enter into an agreement for the acquisition of real property [paragraph no. 05- 1, the Regular Meeting Alameda City Council 1 April 19, 2005 recommendation to authorize the Acting City Manager to use $201,000 in Measure B ferry reserves [paragraph no. 05- ], and the Resolution Approving the Application for Land and Water Conservation Fund [paragraph no. 05- ] were removed from the Consent Calendar for discussion. Councilmember Matarrese moved approval of the remainder of the Consent Calendar. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *05- ) Minutes of the Special and Regular City Council Meetings held on April 5, 2005 and the Special City Council Meeting held on April 7, 2005 and April 8, 2005. Approved. ( *05- ) Ratified bills in the amount of $1,826,558.48. ( *05- ) Recommendation to approve Agreement with Community Playgrounds, Inc. in the amount of $98,930 for Leydecker Park Playground Renovation Project. Accepted. (05- ) Recommendation to authorize the Acting City Manager or designee to enter into an agreement for the acquisition of real property from the East Bay Municipal Utility District for $110,800 plus closing costs. Councilmember deHaan requested clarification on the impacts of drawing $110,800 from the Recreation and Park Commission's existing budget. Councilmember Matarrese stated that he understood that the $110,800 was coming from the Open Space Fund. Mayor Johnson stated that the Open Space Fund was a result of the property sold at the Harbor Bay Business Park; Council directed that the sale proceeds be placed in a separate Open Space account. Councilmember deHaan inquired whether the money was also being used for the Estuary Park Project. The Acting City Manager responded in the affirmative; stated purchasing the full amount of land [for Estuary Park] shown in the General Plan could cost up to $5 million; there will be discussions with the developer and the Bay Conservation and Development Regular Meeting Alameda City Council 2 April 19, 2005 Commission (BCDC)regarding requirements for a pathway. Councilmember deHaan inquired whether having an approximate $300,000 delta will limit the capabilities of carrying on with the project. The Acting City Manager responded there would be limitations in getting a larger share of the land; discussions with the developer and grant approval would determine how much land the City could obtain; staff must recommend proceeding because the project is shown in the General Plan. Councilmember deHann moved approval of the recommendation to authorize the Acting City Manager or designee to enter into an agreement for the acquisition of real property from the East Bay Municipal Utility District for $110,800 plus closing costs [paragraph no. (05- ] and Adoption of Resolution Approving the Application for Land and Water Conservation Fund Estuary Park Project [paragraph no. (05- 1. Under discussion, Mayor Johnson inquired whether the grant was the same one the City previously applied for and did not receive and whether the chances for approval were better. The Acting Recreation and Park Director responded the current grant was from the Land and Water Conservation Act; the previous grant was under the Roberti - Z'Berg- Harris Urban Open Space and Recreation Program; the State prefers to fund developments rather than acquisitions. Mayor Johnson requested staff to advise Council on whatever efforts are needed to succeed. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated that it is important to acquire the last strip of property before the Bay Farm Bridge because the property completes the Bay Trail and precludes building another house at one of the choke points of the City; the development of Estuary Park should move forward with whatever money is left; when the opportunity comes up with the developer, money can be found. The Acting City Manager stated there are ways to work with the developer to maximize the amount of land the City can obtain; the matter would be discussed with the developer in the next week or two. Regular Meeting Alameda City Council April 19, 2005 3 Mayor Johnson requested an inventory of potential open space be presented to Council; stated the Belt Line and other areas are designated in the General Plan; an overall look at open space and plans to acquire the space should be reviewed. On the call for the question, the motion carried by unanimous voice vote -5. ( *05- ) Recommendation to adopt Specifications and authorize Call for Bids for a Combination Catch Basin /Sewer Cleaning Machine. Accepted. ( *05- ) Recommendation to approve an increase to the Construction Contract with Golden Bay Construction, Inc., in the amount of $100 ;000 using Alameda Power and Telecom funds for the placement of additional cable television and undergrounding of power conduits for Webster Street Renaissance Project, No. P.W. 07- 02 -07. Accepted. (05- ) Recommendation to authorize the Acting City Manager to use $201,000 in Measure B ferry reserves for ferry boat repairs. Approved. Vice Mayor Gilmore stated there seems to be more ferry boat repair issues with the Harbor Bay Ferry than the Alameda /Oakland Ferry Service; if so, requested a review of ferry boat operators' maintenance schedules. Councilmember deHaan stated that the Harbor Bay Ferry costs need to be reviewed; an Off Agenda Report notes that the Peralta was sent back up to Washington for super structure modifications; the Peralta is a young ship; there were flaws in the materials used; requested the review address the Peralta. Vice Mayor Gilmore moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. ( *05- ) Resolution No. 13829, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of June 21, 2005 Hearing Thereof - Island City Landscaping and Lighting District 84 -2." Adopted. ( *05- ) Resolution No. 13830, "Preliminarily Approving Annual Report Declaring Intention to Order Levy and Collection of Assessments and Providing for Notice of June 21, 2005 Hearing Regular Meeting Alameda City Council 4 April 19, 2005 Thereof - Maintenance Assessment District 01 -01 (Marina Cove)." Adopted. ( *05- ) Resolution No. 13831, "Approving Tentative Map, TM04- 0004, for a Sixteen Lot Subdivision at Harbor Bay Business Park." Adopted. ( *05- ) Resolution No. 13832, "Approving the Association of Bay Area Governments (ABAG) Report "Taming Natural Disasters" as the City of Alameda's Local Hazard Mitigation Plan." Adopted. (05- ) Resolution No. 13833, "Approving the Application for Land and Water Conservation Fund Estuary Park Project." Adopted. Refer to comments and motion under the recommendation to authorize the Acting City Manager or designee to enter into an agreement for the acquisition of real property [paragraph no. (05- 1. ( *05- ) Introduction of Ordinance Reclassifying and Rezoning Certain Property within the City of Alameda by Amending Zoning Ordinance No. 1277, N.S., from R -5 (General Residential) Zoning District to C -C (Community Commercial) Zoning District, for that Property Located at 2507 Central Avenue at Everett Street. Introduced. REGULAR AGENDA ITEMS (05- ) Public Hearing to consider a recommendation to adopt FY 2005 -06 through FY 2009 -10 Consolidated Plan, adopt FY 2005 -06 Community Development Block Grant (CDBG) Action Plan, amend FY 2004 -05 CDBG Action Plan, and authorize the City Manager to negotiate and execute related documents, agreements and modifications; and (05- A) Recommendation regarding CDBG public service recommendations. Mayor Johnson opened the public portion of the Hearing. Speaker: Doug Biggs, Alameda Point Collaborative. There being no further speakers, Mayor Johnson closed the public portion of the Hearing. Vice Mayor Gilmore moved approval of the staff recommendation. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. Regular Meeting Alameda City Council 5 April 19, 2005 (05- ) Ordinance No. 2939, "Approving and Authorizing Execution of Lease between the City of Alameda (Lessor) and the County of Alameda (Lessee) for Real Property Located at 1429 Oak Street." Finally passed. Mayor Johnson stated that the County Health Center is moving into the former Children's Library site; there is now a home for the Recreation and Park Department and the County Health Center; thanked the Acting City Manager for finding a very good solution to a potentially difficult problem. Councilmember Matarrese stated that the County's opportunity provides the City with the benefit of improvements and maintaining a building that is a City asset; the move is a fine solution and keeps the County services central to the bus line and the center of town. Councilmember Matarrese moved final passage of the Ordinance. Councilmember deHaan seconded the motion. Under discussion, the Acting City Manager stated that the Public Works Department put in partitions and did a lot of the work in a short period of time; the County will have a ribbon cutting ceremony either later this week or next week; the cost of the materials was paid for by the County; a City building has been fixed up with a combination of City forces and County funds; everyone came out a winner. Mayor Johnson stated that the building was not occupied for at least eight years and was in fairly blighted conditions. Councilmember deHaan stated that he appreciates that the Acting City Manager's win -win solutions. On the call for the question, the motion carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON - AGENDA None. COUNCIL COMMUNICATIONS (05- ) Discussion of the Harbor Bay ferry system. Councilmember Daysog stated that he received many e -mails regarding Regular Meeting Alameda City Council 6 April 19, 2005 the Harbor Bay ferry; noted that the City was able to get a one year reprieve; suggested a Tow Hall meeting be held regarding the ferry system in three to four months; stated that some riders feel out of the loop regarding ferry issues; noted that a Town Hall meeting would provide a better sense of timetables for improving ferry services and costs issues; suggested a more formal way of communicating with riders be developed by the Transportation Commission or an adhoc committee that reports to City Council. Councilmember Matarrese concurred with Councilmember Daysog; suggested that the Town Hall meeting occur soon; stated that the city cannot afford to lose the ferry service; traveling across the Bay Farm Island Bridge would affect commuters and is unacceptable; stated that informing commuters that everything will be done to keep the ferry in services is an urgent matter and maintains creditability for transit solutions at Alameda Point. Councilmember Daysog stated that he is in favor of having the Town Hall meeting sooner, but that it is important to collect information for presentation. Mayor Johnson stated that she does not see any advertising for the ferries; noted that fuel cost issues should be investigated; stated that the City will not lose the ferry service; that there is a 1 long -term possibility that the Water Transit Authority will operate the ferries; the City needs to continue operating successfully until then; there should be a Council briefing on the state of the ferries and then a public workshop. Vice Mayor Gilmore stated that the maintenance issues are important; noted if the ferry is out of service, commuters find other means of commuting and it is difficult to get them back one habits have changed. Councilmember Daysog suggested that the Council Meeting be the Town Hall meting. Councilmember deHaan stated that there was a fare box increase of 25% and 40% is needed; the capacity of the ferry service and parking limitation is a difficult dynamic to solve; that the Alameda /Oakland Ferry Service was successful because parking spaces were increased and ridership improved. Mayor Johnson stated that she has never seen the parking lot full; noted that more riders are needed; stated that ridership went down significantly after the dock closure. The Acting City Manager stated that staff worked very hard and came Regular Meeting Alameda City Council 7 April 19, 2005 up with a solution that the Metropolitan Transportation Commission staff and Grant Allocation Committee endorsed; more work needs to be done to refine the information; there are plans to have a Town Hall meeting next week or the following week then staff; then staff will provide a status report to Council; a better job can be done on marketing the ferry. Mayor Johnson stated that when the ferry problem became apparent, the Acting City Manager immediately took action and set up meetings with the Metropolitan Transportation Commission; thanked the Acting City Manager for the efforts taken to negotiate one more year. Vice Mayor Gilmore requested that e -mails be sent to concerned citizens [regarding the Town Hall meeting] in addition to the normal noticing procedures. (05- ) Consideration of Mayor's nominations (3) for appointment to the Golf Commission. Mayor Johnson nominated Ray Gaul, Jane Sullwold, and Bill Schmitz to the Gold Commission. Councilmember deHaan stated that he was extremely impressed with the applicants' depth; he would hope that the individuals look at other commissions and boards. Mayor Johnson concurred with Councilmember deHaan. (05- Consideration of the Mayor's nomination for appointment to the Housing and Building Code Hearing and Appeals Board. Continued. (05- ) Selection of alternate to serve on the Alameda County Lead Abatement Joint Powers Authority Board. Mayor Johnson stated that Councilmember deHaan has indicated an interest to serve as the alternate. Vice Mayor Gilmore moved that Councilmember deHaan serve on the Alameda County Lead Abatement Joint Powers Authority Board. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote - 5. (05- ) Councilmember Daysog noted that today is the City of Alameda's 151st birthday. Regular Meeting Alameda City Council April 19, 2005 8 (05- ) Councilmember deHaan requested a report on the Lincoln School drop off area situation; there is concern with the next generation of remediation intruding into the existing field area. Vice Mayor Gilmore stated that the School District staff is presenting a plan to the School Board on April 26. The Acting City Manager stated that the meeting may be sooner than April 26 and that he would verify the date. Mayor Johnson inquired whether the plan intrudes into the field area, to which the Acting City Manager responded that the plan goes partially into the field area and basketball paved area. Vice Mayor Gilmore inquired how the plan would effect putting in a full size regulation soccer field, to which the Acting City Manager responded the matter would be addressed at the meeting and City staff would bring back information. Mayor Johnson stated that she has informed a couple of School Board members and the Superintendent that she is concerned about taking away field space; noted that the basketball courts are not just used by the school. (05- ) Councilmember deHaan inquired whether the window display ordinance came back to Council, to which the Acting City Manager responded that there is 30 -day implementation period to allow people time to adjust before enforcement. (05- ) Mayor Johnson requested that increasing the size of the Recreation and Park Commission be placed on the next agenda. (05- ) Mayor Johnson stated the Finance Director is working on a more aggressive policy to buy in Alameda; noted that the check registers indicate how much the City spends outside of Alameda and are very disturbing; stated that sales tax revenue is being given to other cities; a purchasing position might be needed to coordinate better prices and ensure that purchasing is done in Alameda as much as possible. (05- ) Mayor Johnson stated that the Council needs to consider a Business Recruiter position in the next budget. Councilmember deHaan stated that every Economic Development Commission study indicated a Business Recruiter as a top priority; noted that buying in Alameda is important. (05- ) Councilmember Matarrese stated important projects are Regular Meeting Alameda City Council 9 April 19, 2005 coming forward; requested staff reports reference applicable plans such as the General Plan, Economic Development Strategic Plan, the Downtown Plan, the Bicycle Master Plan, etc; staff reports should have a section that reviews basic conformance to the policy documents that have been adopted; for non - conformance, there should be an explanation of the pros and cons; noted the plans may need to be updated; projects such as the Theatre, Bridgeside Shopping Center and the Base need to check conformances to existing plans. ADJOURNMENT There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:57 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 April 19, 2005 10 MINUTES OF THE SPECIAL CITY COUNCIL MEETING THURSDAY- -APRIL 21, 2005- -4:00 P.M. Mayor Johnson convened the Special Meeting at 4:00 p.m. Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore, Matarrese, and Mayor Johnson - 5. Absent: None. The Special Meeting was adjourned to Closed Session to consider: (05- ) Public Employment - Title: City Manager. Following the Closed Session, the Special Meeting was reconvened and Mayor Johnson announced that direction was given to the recruiter and no decision was made. Adjournment There being no further business, Mayor Johnson adjourned the Special Meeting at 10:30 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting Alameda City Council April 21, 2005 April 28, 2005 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the 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. Check Numbers 135619 - 136056 EFT 115 Void Checks: Amount 2,038,478.96 170,000.00 134775 (167.86) 133896 (286.74) 133916 (164.72) 134830 (286.74) 134846 (164.72) 134916 (551.89) 135277 r (1,126.00) 134529 (3,846.00) 135741 (61.00) 131470 (34.69) GRAND TOTAL Respectfully submitted, (9itfe-& Pamela J. Sible Council Warrants 05/03/2005 2,201,788.60 BILLS #4 -B 05/03/05 CITY OF ALAMEDA Memorandum Date: April 20, 2005 To: Honorable Mayor and Councilmembers From: Lara Weisiger City Clerk Re: Authorizing Call for Bid for Legal Advertising for the Fiscal Year Ending June 30, 2006 Background Section 3 -18 of the City Charter requires an annual contract for publication of all legal advertising of the City in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda. Discussion /Analysis The Alameda Journal is the Official Newspaper of the City for legal advertising for the fiscal year ending June 30, 2005. With Council authorization, the City Clerk will publish a notice in the Alameda Journal stating the City will receive bids up to the hour of 2:00 p.m. on Wednesday, May 25, 2005, for the publication of all legal advertising for the fiscal year ending June 30, 2006. Budget Consideration None. Recommendation It is recommended that the City Council authorize the City Clerk to call for bids for the publication of all City legal advertising for fiscal year ending June 30, 2006. Respectfully submitted, --Q Lara Weisiger City Clerk Attachment - 1 (Specifications) Report #4 -C CC 5 -3 -05 Notice to Proposers SPECIFICATIONS FOR LEGAL ADVERTISING The City of Alameda is seeking proposers to provide Legal Advertising Service for the fiscal year ending June 30, 2006. Legal advertising must be published in a newspaper adjudicated to be a newspaper of general circulation within the City of Alameda. Advertising shall be in accordance with the following: 1) All advertisements shall be set in six -point type, or in such larger type and spacing between lines as directed by the officer authorizing the advertisement. 2) Title and sub - heading shall be set in six -point type, black -face type, or in such larger type as may be specified by the officer authorizing the advertisement. 3) The submission deadline for ads shall not exceed 4 days from date of publication (excluding holiday periods). 4) The withdrawal deadline for ads shall be up to 1 day from date of publication (excluding holiday periods). Bidders shall state in their proposals for legal advertising the price per column inch, set in six - point type, according to the following schedule: ► A price per column inch for the 1st insertion; ► A price per column inch for the 2nd insertion; ► A price per column inch for the 3rd and for each subsequent insertion. Proposals for legal advertising must include an audit verifying circulation. Proposals must be presented to the City Clerk, in the City Hall, Alameda, California under sealed cover and plainly marked on the outside, "Proposal for Legal Advertising -- Fiscal Year 2005- 06." Sealed bids will be received up to the hour of 2:00 p.m. on Wednesday, May 25, 2005. Contract for such legal advertising, if awarded, will be awarded subject to the provisions of the Charter of said City, to the responsible bidder who submits the lowest and best bid. The right is reserved to reject any or all bids. The newspaper published by the bidder to whom such contract is awarded shall be known, for the term of such contract, as the "Official Newspaper" of the City for legal advertising. CITY OF ALAMEDA MEMORANDUM Date: April 20, 2005 To: Honorable Mayor and Councilmembers From: William C. Norton Acting City Manager Re: Quarterly Investment Report for Period Ending March 31, 2005 BACKGROUND Attached is the investment portfolio for the quarter ending March 31, 2005. DISCUSSION The attached portfolio reflects the invested operating funds as well as the various assessment district funds. These investments have been made in accordance with the provisions of the City's approved Investment Guidelines. The City of Alameda's expenditure requirements for the next six months are more than sufficiently covered by two sources, namely (1) anticipated revenues from regular operations and (2) liquidity of current investments. FINANCIAL IMPACT This report is provided for information purposes only. RECOMMENDATION The City Manager recommends that Council accept the City's Investment Report for the period ending March 31, 2005. Respectfully submitted, William C. Norton Acting City Manager JB:dI Attachment G: \FINANCE \COUNC I L\2005 \020105 \I nvestment4thgtr.doc le-Ann Bo ' r ief Financial Officer Dedicated to Excellence, Committed to Service Report #4 -D CC 5 -3 -05 City of Alameda • California April 21, 2005 Honorable Mayor and City Council I have reviewed the City of Alameda's Investment Report for the quarter ending March 31, 2005, and find that it complies with the Investment Policy established by my office. The interest of the Council is always appreciated KK:dI Sin I K-vin K- nedy City Treasurer Dedicated to Excellence, Committed to Service Finance Department 2263 Santa Clara Avenue, Room 220 Alameda, California 94501 -4477 510.747.4881 • Fax 510.747.4890 • TDD 510.522.7538 *Printed on Recycled Paper L0 0 0 N M x 0 z_ 0 Z W ix W w ce Q Q 0 LL w 0 U 0 J 0 LL 0 a F- Z W H w W Z O N h W 3 a N., 0 h �. M o0 7 i V N M 0 1� IO V O� o�' I O (0 co co (. 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FUND 0 0 0 Z Z Z LL L=L L7L CCC Z Z Z H F- F- F- Z Z Z Z W W W W 0 0 0 0 EASURY NOTES 000~ • 0aaa3 Y Y Y m m m 000 zzz 3 > > 0 0 0 0 ZZZ Z » » LL LL LL LL U) U) ZZZ Z F- F- H F- Z Z Z Z W W W W 0 0 0 0 0000 aaaaC F- Z W Ui W W CC Q F- M w > z W w F- QZ a a CO m 00 zzz 3 3 3 Y Y Y Z ¢¢¢oo m m m j 3 ZZZZZ 000 w w 00 Z Z Z o o z z 0 3330033< F Z W W W a O 0 0 M LL LL Z C V~) Z Z LU zoo 0 a a Z Y Y m m F- U U 1 1a F- U 0 ZIZ 07 :-u u ,- csi N O.L' W LL a ui W a'.U)ZU)U)a aZ Zza'I O F— m O UZ<ZZQ1. O W: W W O Z 0 0 p p 3z0 »o Or00z W Y Z Y YWI IZ ZZI ICO O 0CI <ZLLZZ< 0000 zozz<3 3 0 713 a, sF Z Z o u) 0) N 0 N- 0 0 M u) CV 0 0 0 0 N 2 U z_ O z w Q w w Q < C7 LL w }0= U 2 0 J 0 IL F 0 a • F z w 1- w z CITY OF ALAMEDA MEMORANDUM Date: April 27, 2005 To: Honorable Mayor and Councilmembers From: William C. Norton Acting City Manager Re: Recommendation to Accept the Quarterly Financial Report and Approve Third Quarter Budget Adjustments BACKGROUND The City Council adopted a 2 -year spending plan for 2004 -2006 and annually appropriates funds consistent with the charter and government code requirements. The total adjusted 2004- 05 budget for all City funds is $192,312,327. The attached exhibits provide the details for the General Fund and all fund categories recommended third quarter adjustments. The final exhibit is a Summary Analysis of Funds, which provides a "snapshot" as of March 31, 2005, concluding with the Estimated Fund Balance as of June 30, 2005. DISCUSSION /ANALYSIS General Fund Revenues: Our General Fund revenues for the period ending March 31, 2005 totaled $43,929,448 representing 66% of our updated revenue projections of $66,393,713. The main sources of local tax revenues include the property tax (23 %), the local component of the sales and use tax (7.6 %), Utility Users Tax (11.9 %), and a variety of "all other levies" (18.9 %). The latter includes property transfer tax, franchise fees and payment in lieu of taxes, etc. The details of the adjustments to the revenue estimates can be found on the Summary of Adjustments, pages 8- 11. General Fund revenue detail can be found in Exhibit B on pages 2 -4 of the attachment. The City received 55.4% of its estimated property tax allocation from the Alameda County Treasurer through March 2005. The next allocation was received in April; clean up payments are scheduled for June, July, and August. This is net of the "triple flip" reductions, which are taken in lieu of the Educational Revenue Augmentation Fund (ERAF) shift of years past. Over the last 14 years a total of $41 million from our local share has been shifted to the ERAF. However, it needs to be noted that the ERAF shift continues for the redevelopment funds. The Tax Increment Funds are due to pay $711,000 to the ERAF this fiscal year and next. Certain revenue sources may appear below projected annual estimates. There is a 30 -60 day lag in receipt of several major revenues. These revenue sources include sales tax, utility user tax, vehicle -in -lieu subventions, and franchise fee payments. These revenues are only accrued Dedicated to Excellence, Committed to Service Report #4 -E CC 5 -3 -05 Honorable Mayor and Councilmembers April 27, 2005 Page 2 at year -end and recorded on a cash basis during the fiscal year. The cable television providers make franchise fee payments quarterly while PG &E remits a franchise fee for gas on an annual basis (approximately April 15). It appears that Sales Tax revenues will exceed the revenue estimate by approximately $580,000. This is a result of Business to Business sales increasing. There will be a separate report analyzing the sales tax revenues Sales tax payments received in July and August are accrued for the prior year as these payments represent taxes paid or generated in Alameda for sales transactions in April, May and June of the prior fiscal year. Transfers from Alameda Power & Telecom are remitted to the City's General Fund in 10 equal monthly installments. General Fund Appropriations: General Fund adjustments reflect a decrease of $6,299,384 in required appropriations for the third quarter. This includes the $(6,197,765) reported in February 2005. The majority of this amount reflects reductions to appropriations as discussed in the February report. The details of the required appropriations can be found at the Summary of Adjustments, pages 8 -11, of the attachment. General Fund Expenditures: Our General Fund operating expenditures for the nine months ending March 31, 2005 were $47,220,593, representing 70.95% of our operating budget of $66,553,686. Non - departmental expenditures totaled $247,326 and included expenditures for property tax collection, rent subsidies for the Alameda Historical Museum, and transfers to Social Services Human Relations Board. In addition, we transferred out of the General Fund to other funds as follows: Library operations ($868,304), Urban Runoff ($48,750), Capital Improvement ($264,676), Debt Service — City Hall, Jail & Library ($730,386), and Risk Management ($808,880). Capital outlay purchases funded by General Fund amounted to $99,281. General Fund expenditures by departments can be found on pages 5 -7 of Exhibit B. If all the assumptions prove accurate with respect to General Fund revenues and appropriations, current expenditures will exceed current revenues by $159,972 at year -end. This is the result of several factors. One factor was revenue reductions totaling $163,373 for a variety of items. These adjustments result from vigorous review of revenue sources and monitoring revenue receipts. Expenditures were also reduced by the net of the additional expense of the Alameda Police Officers Association Non -Sworn Unit (PANS) agreement, which was offset by reduction in the City's share of a project. The details are included in the summary of adjustments, pages 8 -9 of the attachment. Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers A summary table of General Fund revenues and appropriations follows: April 27, 2005 Page 3 General Fund Original Adopted Amendments 1st & 2nd Qtr. Amendments 3'd Qtr. NET Amendments Amended 3/31/05 Revenues $ 67,508,484 $ 487,764 $ (1,022,534) $ (534,770) $ 66,973,713 Appropriations $ 69,067,768 $ 3,785,302 $ (6,299,384) $ (2,514,082) $ 66,553,685 Balance $(1,559,284) $(3,297,538) $ 5,276,850 $ 1,979,312 $ 420,028 The forecasted negative balance at year -end will be funded from the $18,245,729 beginning fund balance. The remaining fund balance will represent 27.2% of operating expenses. Special Revenue and Enterprise Funds: The summary of revenues and expenditures for special revenue funds and enterprise funds are also included herein as Exhibit C, pages 12 -14 of the attachment. Third quarter adjustments to these funds reflect rebudgeting or prior year's budgeted amounts for capital improvement projects as well as capturing previously authorized Council, CIC or ARRA actions. The details are found in the Summary of Adjustments found on page 8 of the attachment. Summary Analysis of Funds Exhibit C, pages 9 -14, details all funds. This represents a "snapshot" as of March 31, 2005. The Estimated Fund Balance as of June 30, 2005 is the calculated results of Audited Fund Balance, June 30, 2004, plus estimated revenues less appropriations. It does not account for actual revenues or expenses. Of particular note, funds 204 and 205 are forecasted to have negative fund balances. These redevelopment funds will have deficits until the tax increment revenue is received or bond funds are drawn down in support of the projects. The Library Fund (210) is always adjusted before year end close with a transfer in from General Fund in order to close the year with a zero balance. Fund 211 (Gas Tax) will be adjusted before year -end by reducing the transfers to match actual revenues. The Narcotics Asset Seizure Fund (219) is awaiting the disbursement of funds from seized assets. Future expenditures are curtailed until the fund is brought into balance. The FISC funds (256 and 256.1) actual results will significantly reduce these deficits. Fund 275 (a maintenance assessment district) will be corrected by year -end. The Internal Service Funds reflect the provision of services to the operating departments of the City. Fund 711 (Workers' Compensation Self Insurance) balance includes the long -term future liabilities. To the extent that these liabilities will not all mature in any one fiscal year, they have Dedicated to Excellence, Committed to Service Honorable Mayor and Councilmembers April 27, 2005 Page 4 not historically been funded via charges to the operating departments. Staff continues to monitor this fund in conjunction with the actuary. There is sufficient cash to meet the obligations to the State as self- insured for purposes of workers' compensation. Staff is continuing to understand the impacts of recent statutory and regulatory changes and their impacts. The Dental Self Insurance Fund (713) will continue to have a small deficit but will be resolved by June 2006. BUDGET /FISCAL IMPACT We project that current expenditures will exceed General Fund current revenues by year -end. The Summary Analysis for all funds can be found on Exhibit D, pages 15 -19. The projected General Fund balance for June 30, 2005 is $18,085,757 and is 27% of the operating budget for 2004 -05. RECOMMENDATION The Acting City Manager recommends that the City Council accept the report on the results of operations for the quarter ending March 31, 2005 for all funds and approve the supplemental appropriations as outlined herein. Respectfully submitted, William C. Norton Acting City Manager By: Ile -Ann B hief Financia r Officer Attachments: Exhibit A: Recapitulation of Receipts and Disbursements (including Summary of Adjustments for General Fund) Exhibit B: General Fund Revenues and General Fund Appropriations Exhibit C: Special Funds Revenues, Expenditures and Summary of Adjustments Exhibit D: Summary Analysis of Funds as of March 31, 2005 G: \FINANCE\COUNCIL\2005 \050305 \gtlyfinancia13.doc Dedicated to Excellence, Committed to Service Q M m O d O X O O I. W 0 'O CO N Q a- 0 N. N 0 0 0 N. 0 O O U) 0 0 0 010 O et. 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J 7 F N 0 F- a n CD CD D) co n 4 N 7 m n F; N CA 03 O O U) CD CA CD O O N CA COD CD CD CD d Y F- W c tea) aa) .o U co m To W EXHIBIT B SUMMARY OF ADJUSTMENTS - GENERAL FUNDS Revenue Appropriations Department & Description General Fund (1 ,439,161) February Amendment (6,313,874) February Amendment (49,109) February Amendment- equipment replacement (F119) 67,000 February Amendment - Increase library appropriation 46,599 Police - PANS Resolution per council approval (50,000) Portion CIP project to be funded by developer (34,169) PG & E Franchise Fee - adjust estimated revenue 10,000 AP & T Franchise Fee - adjust estimated revenue (88,634) Cable Franchise Fee - adjust estimated revenue (68,000) Engineering fee - adjust estimated revenue 36,112 Additional state mandated revenue - animal adoption prog 46,000 Additional miscellaneous revenue 70,000 Additional permit revenue 30,000 Additional contract revenue 21,400 Additional grant revenue FEMA 45,000 Additional bond proceeds to support personnel costs (354,325) To adjust for over - estimated revenues (IT) 23,243 Proceeds from sale of city owned property (100,000) Reduced transfer from traffic safety 200,000 Convert Community plan'g fee to CIP 580,000 Additional Sales Tax Revenue $ (1,022,534) $ (6,299,384) Total General Fund Adjustment 8 SUMMARY OF ADJUSTMENTS - OTHER FUNDS Revenue Appropriations Fund 191,473 Affordable Housing - carryover from prior year 70,000 Bayport Assessment - New assessment district (369,000) Housing Bond - correct budget (2,990) Revenue Adjustment 55,000 55,000 CIP - Grant - Pole mounted radar speed detector 204,682 APIP - revenue adjustment 120,529 (63,221) Commercial revitalization budget carryovers 2,359,890 3,221,634 CDBG - budget carryovers (95,867) Equipment acquisition - correct budget (500,000) BWIP bond project - to correct budget (127,406) BWIP Housing - correct budget 1,000 APIP Housing - correct budget 33,000 Measure B - matching funds for CIP project (310,000) Gas Tax - revenue adjustment 1,348,554 1,348,554 Home repayment - revenue adjustment & carryovers (95,000) 23,214 Lead Rehab - revenue adjustment & carryovers 67,000 67,000 Library - per council approval - 2/05 (15,000) 884,109 Rehab Repayment - revenue adjustment & carryovers 374,137 448,483 SSHRB - revenue adjustment & carryovers (100,000) Traffic safety - correct budget 9,990 WECIP - revenue adjustment & carryovers (1,130,000) Police Pension - 2/05 adjustment $ 3,721,925 $ 4,352,840 Total Fund Adjustment - Other Funds 9 m o o 01-0 zw = W w X w J w a O 0. 0 W I- Z W J m 0 0 J N 7 � U Q � t'f O W y 7 w w C D N M 9 4 C � E -00 C 7 N Q C O r W 0 N N � Q ❑ W F Z 2 U) L2 W W 0000000000000000000000000000000000000000 0000000 N O) O O O O O O O O N r N N O O O O O O O O O 0 0 0 0 M O V O V O V W N W O V W M O r W W r 00 O O O O O O CC O d N V N 0 N- O O O O O O O O O O O O n N O W m CA O O V) 01 00 O O N M O CP r a p Cn 0 0 0 0 0 0 W O O m N 0 m n O O O O O O O O O O O O V N O M W m O W N N N O N M N O O M � (n W r N N M n V .- W 47,-MN r� N WON CO V W N W W M N O O M W N N W O V M M O N N M N W O) M V M M O M O O N) W V W- V N N O M V- N W O W W N W O M O W W W V to O O V N O 4�{{ W N M O N W O W V W M O W m N N M N O 0) N M M M M M Cn M N O W O V N O W I- N W W N N W V,- M W O M N N M s - O M N O N M M M N O O M O W V M M CO N V N O V 1- O N n O u5 a 0. v v CO CC v On M W CO N O M N m v r O C) V W W U) N V M V W M O O CO V O M CO O M v '- `�-' W In O V r N N _V O U) V W N '-' W In W M M N- V �- - r N- On N f9 v v '- O v ._. 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O O a F- 'a a W 'a 7 w 7 7 C9 m m .` x 0� m 13 c a y C 3 u. Ti) 1L CO y d� - a E a p C co > a W co c d cn 0 co > v 12 6 a m E C LL 3 c o LL Z a m v ., m a" >p - E - c m°° U m w a m a U� N N N w Q 2 LL . rn c c c C •v m Tr CO 0 0 a OD a CD Tr upcOOOO Tf C'') (0 OO CJ ✓ co r ER ER CO CO O O O N OD V CO 0• 0) 1OO N- N 0 6,266,157 $ 955,346 $ 58,040,158 ER ER op Tr Tr OOO CD CD OD CO Tr 0) 0) O CD Cr) N O 0 M Tr O N r C6 N r N- ER ER ER r V N- O 10 CD 0 O Tr 1O) r 1!) 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CA V 0)0)0)0) V N O CO O U) CO O V (h CD co- CJ V N O V v CC) Co O O C N CO N 00030) O O N N <- CI CO x- .0 CO 00000 CD U) N- CD CD 0 0 0 0 0 0 0 U) O O O CO O O O O O V O o O M U) U) N M CY) CO V O s— co co (c) CD CO .- 00 N- M .— O CO CO O V CO LO U) CM N — N x- vi O U) CD CD ' CD 0) N- .- "Cr C)0) N CO '4' I,- 000 O N O O 0 .-- V N- O O N CO 0 co co co O V (6 M I- c.i. N N ER 0) N a m o o M M r 00 00 0 aD O .y (? COC) N) C d �0a c' :°OL <X C.) 0 iU- > > U C :5 25 v a)')a)0 of W H Police /Fire Pension Debt Svc for 512 89 -1 V V LL LL .0 .0 CD CD CI CI CV V V O C C aM- CO CO O a) (1) CD aa) CO re CO 0) Assessment District CFD #1 Assessment District CFD #2 CID O a- N N 0) K) CD 0 • Y) CD O 0 CO CO CO M CD CD V V CID C0 0D CD CC) OD OD CID $ 63, 763, 061 $ 17,330,745 N O co Cp N CA ft $129,965,986 N- 0)) N CD 0 O x- CO CO 0 N h N , N N O CO N CO O CO N U) 00 CO- .- O) N (D CO $ 12,846,476 $ $112,216,005 $ ON) N N CO N CD CO 0 O 0 Ea O CO O O) N O O M r Clo O N CR ER Total Trust & Agency Fund GRAND TOTAL ER CCOO LO U) CO (D O 00 N N COO Ef3 E 0 a) (7 o I— L >. o p 0 C) . o a) o $ 259,729,944 All Inclusive Total CITY OF ALAMEDA MEMORANDUM Date: April 21, 2005 To: Honorable Mayor and Councilmembers From: William C. Norton Acting City Manager Re: Set Hearing for May 17, 2005 for Establishment of Prop 4 Limit 2005 -2006 BACKGROUND Local governments must annually establish their appropriation limit pursuant to Section 7900 et seq of the Government Code which implements SB 1352 passed in November, 1979. DISCUSSION /ANALYSIS The legislation provides that the public be given adequate notice of the Council's intended action to set the appropriation limit. It is proposed that the Prop 4 hearing be set for May 17, 2005. Documents in support of the appropriation limit will be made available for public review prior to Council's adoption of the limitation. BUDGET /FISCAL IMPACT None. RECOMMENDATION The City Manager recommends that: 1. City Council set May 17, 2005 as the scheduled public hearing for establishing the City of Alameda's spending limitation for fiscal year 2005 -2006. 2. City Clerk make appropriate public notification. Respectfully submitted, #IIe..A Boyer Chief Financial Officer G: \FINANCE \COUNC IL\2005 \041205 \PROP4Hearing.doc Dedicated to Excellence, Committed to Service Report #4 -F CC 5 -3 -05 CITY OF ALAMEDA MEMORANDUM Date: April 18, 2005 To: Honorable Mayor and Councilmembers From: William C. Norton Acting City Manager Re: Recommendation to Accept the Work of SpenCon Construction, Inc., for Repair of Portland Cement, Concrete Sidewalk Curb, Gutter, Driveway and Minor Street Patching, Fiscal Year 2004/2005, No. P.W. 08 -04 -08 BACKGROUND The City of Alameda contracts for the permanent repair of sidewalks, curbs, gutters and driveway approaches on an annual basis. The locations for repair are identified by citizen call - ins and by an annual inspection program. On November 18, 2003, the City Council awarded a construction contract in the amount of $170,940.00, including contingencies, to SpenCon Construction, Inc., (SpenCon) for the annual repair and replacement of sidewalks, No. P.W. 07- 03 -15. This contract also provides for additional work as requested by the City and mutually agreed by the Contractor (within the next five years from November 2003) with an automatic adjustment for inflation. The improvements for this portion of the work have been accepted by the City Council. On April 20, 2004, the City Council authorized the City Manager to execute subsequent amendments to the agreement with SpenCon for the Annual Sidewalk Repair Program. The First Amendment to Agreement, in the amount of $170,000.00, was then executed for the second group of sidewalk repair locations. The improvements for this portion of the work have been accepted by the City Council. On September 7, 2004, the Second Amendment to the Agreement, in the amount of $177,500, was executed for the third group of sidewalk repair locations (Fiscal Year 2004/2005). DISCUSSION /ANALYSIS The construction of this project, as part of the original contract, including the First and Second Amendments to the Agreement, have been completed in accordance with plans and specifications and the improvements are acceptable to the Public Works Department. CityofAlametla PubIicWorks Department Public Works N&nkrfiv Yon! Dedicated to Excellence, Committed to Service Report #4 -G CC 5 -3 -05 Honorable Mayor and Councilmembers Page 2 April 18, 2005 Only one extra work order was issued for the third group of sidewalk repair locations as part of the Second Amendment to Agreement (Fiscal Year 2004/2005, No. P.W. 08- 04 -08). Extra Work Order No. 1, in the amount of $164.00, was to reimburse the contractor for a Caltrans encroachment permit. The final project cost for the Second Amendment to the Agreement, including the extra work order was $175,605.47, which is below the approved contract amount of $177,500. BUDGET CONSIDERATION/FINANCIAL IMPACT Funding for the project is budgeted under CIP 82 -02 using Measure B funds. RECOMMENDATION The Acting City Manager recommends that the City Council, by motion, accept the work of SpenCon Construction, Inc., for Repair of Portland Cement, Concrete Sidewalk Curb, Gutter, Driveway and Minor Street Patching, Fiscal Year 2004/2005, No. P.W. 08- 04 -08. MTN:CWC:gc cc: Measure B Watchdog Committee Respectfully submitted, Matthew T. Naclerio Public Works Director By: CW Chung Associate Civil Engineer G:\PUB W ORKS \pwadmin\ COUNCIL \2005 \050305\sidewalkaccept.doc Dedicated to Excellence, Committed to Service GtpdNsnede tubli(Woiks ?pa lment Public Wrnl, Wr k,Jo l CITY OF ALAMEDA MEMORANDUM To: The Honorable Mayor and Members of the City Council From: William C. Norton Acting City Manager Date: April 20, 2005 Re: Recommendation to Approve Agreement with Alameda County to Continue Participation in the Alameda County HOME Consortium and to Authorize the Acting City Manager to Negotiate and Execute Necessary Documents Background Title II of the Cranston - Gonzales National Affordable Housing Act (NAHA) of 1990 created the HOME Program, which provides financing for a wide range of affordable housing programs and activities that benefit low- and moderate - income households and special populations, such as the elderly and persons with disabilities. Based on current population levels, Alameda is not eligible to receive HOME funds directly. Therefore, for the past thirteen years, Alameda has received funding from this program through its participation in the Alameda County HOME Consortium (Consortium). The City's continued participation in the Consortium must be approved by the Council at three - year intervals and the annual Contract Designating the City of Alameda as a Sub - Recipient of HOME Funds (Agreement) executed to allow receipt of future funds. Discussion /Analysis The Consortium members include Alameda County and seven cities in the County. (Oakland and Berkeley are large enough to receive HOME funds directly and are not included in the Consortium.) Alameda County Housing and Community Development (ACHCD) is the lead agency for the Consortium. In this capacity, ACHCD will submit applications and reports, coordinate preparation of the Consolidated Plan, maintain financial and program records, monitor compliance with HOME Program regulations, and staff the Technical Advisory Committee. To date, the City has received $5.25 million in HOME funds. These funds have been or are being used to assist: Dedicated to Excellence, Committed to Service Report #4 -H CC 5 -3 -05 The Honorable Mayor and Members of the City Council April 20, 2005 Page 2 • Public and private entities in acquiring, renovating or constructing units with affordability restrictions for 59 years; • First -time homebuyers through the City's Downpayment Assistance programs; and • Tenant -based rental assistance The proposed Agreement (Attachment A) extends the City's participation in the Consortium and sets ground rules for its administration and operation in federal fiscal years 2006, 2007 and 2008. Following Council approval, the City Manager will negotiate and execute this Agreement and separate Sub - Recipient Agreements for FYs 2006, 2007 and 2008, conforming agreements with public and private entities, and related documents, as necessary to implement HOME - funded programs and activities. All agreements and other documents are substantially similar to those previously approved by the Council and City Attorney. Fiscal Impact There is no impact on the General Fund. The City has received approximately $5.25 million in HOME funds through the Consortium, with an additional $400,000 generated through program income. Both the City and HCD receive five percent of the allocation for administration. HOME funds are required to be matched by a minimum of 25% in non - federal dollars; however, City HOME funds have actually leveraged many millions of dollars in private and other public funds through private investment and grants. Recommendation It is recommended that the City Council, by motion, approve the Agreement with Alameda County to continue participation in the Alameda County HOME Consortium and authorize the Acting City Manager to negotiate and execute necessary documents. Resp_ ctful submitted, Les l' - A Litt e Development Services Director By: (24.4(Vt-'" Carol Beaver Community Development Manager LL /CB /RS:sb Attachment (Home Consortium Agreement to be provided by ACHCD) Dedicated to Excellence, Committed to Service G: \HOME \COUNRP \HCDO5Agmt.doc F: HOME Consortium\Administration AGREEMENT This AGREEMENT is made and entered into this day of 2005, by and between the CITY of ALAMEDA, hereinafter called "City," and the COUNTY OF ALAMEDA, hereafter called "County." WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter called the "Act "; and WHEREAS, Title II of the Act creates the Home Investment in Affordable Housing Program, hereinafter called "HOME," that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing and tenant -based rental assistance; and WHEREAS, the Act requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for HOME funds; and WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties States, and consortia of local governments; WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; WHEREAS, the Act requires that a local government member of an urban county may participate in a consortium only through the urban county, and the County of Alameda is the lead agency of the Alameda County Urban County; and WHEREAS, the Act requires that a consortium shall have one member unit of general local government authorized to act in a representative capacity for all members for purposes of the Act and to assume overall responsibility for the Act, including requirements concerning the Consolidated Plan; THEREFORE, it is agreed that: 1. CITY and COUNTY will cooperate in the operation of the Alameda County HOME Consortium, hereinafter called the "CONSORTIUM ", for the purpose of undertaking or assisting in undertaking HOME- eligible housing assistance activities pursuant to Title II of the Act including but not limited to acquiring, rehabilitating, and constructing affordable housing and providing homebuyer and tenant -based rental assistance. 2. COUNTY shall act as the representative member of the CONSORTIUM for the purposes of the Act. 3. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submits final Consolidated Plan to the U.S. Department of Housing and Urban Development. COUNTY shall incorporate CITY changes in Consolidated Plan, if any, provided that they meet HOME requirements. 4. CITY shall approve each project funded with HOME funds within CITY before COUNTY approves funding project with HOME funds, provided that CITY approval or disapproval does not obstruct the implementation of the approved Consolidated Plan. 5. There shall be a Technical Advisory Committee for the Consortium to recommend spending priorities, policies, and review projects and proposed expenditures. CITY shall designate a staff member to participate on the Technical Advisory Committee. 6. CITY shall designate a representative to whom all notices and communications from COUNTY shall be directed. COUNTY'S duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals or departments within CITY. 7. To carry out activities under this Agreement, COUNTY shall allocate to CITY a portion of HOME funds received under the Act. Initial allocations shall be determined by formula approved by the Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME requirements, funds will be reallocated by COUNTY in accordance with such needs, objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives, or strategies, COUNTY shall consult with CITY and Technical Advisory Committee before making its determinations. 8. Each party to this agreement shall affirmatively further fair housing. 9. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer the Consortium and perform monitoring, record - keeping, and reporting required by the Act. Such fee shall be based upon COUNTY'S expected actual costs and shall in no case exceed five percent (5%) of the CITY'S annual allocation of HOME funds. 10. CITY shall provide COUNTY with all information concerning CITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other documents as COUNTY may require to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. In addition, CITY agrees to make available upon request all records concerning the activities carried out under this agreement for inspection by COUNTY or Federal officials during regular business hours. 11. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from CITY'S performance of this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claim, suits, actions, losses, or liabilities arise from any act or omission of COUNTY. 12. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from COUNTY'S performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claims, suits, actions, losses, or liability arise from any act or omission of CITY. 13. Each CITY participating in the Alameda County HOME CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIES for CITY'S negligent acts or omissions arising from this agreement. 14. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded from Federal fiscal years during which CITY was a participating jurisdiction in the CONSORTIUM are completed. CITY will be included in the Consortium for a minimum of three (3) Federal fiscal years, federal years 2006, 2007 and 2008. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day first mentioned above. CITY OF ALAMEDA COUNTY OF ALAMEDA City Manager President, Alameda County Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney Deputy County Counsel G:\HCD\HOME \SUBHOUS\2006 Consortium Agreement.doc CITY OF ALAMEDA RESOLUTION NO. APPOINTING RAY A. GAUL AS A MEMBER OF THE CITY GOLF COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Sections 2 -9.2 of the Alameda Municipal Code, and upon nomination of the Mayor, RAY A. GAUL is hereby appointed to the office of member of the Golf Commission of the City of the City of Alameda, for a term commencing May 3, 2005 and expiring on September 30, 2008 and to serve until his successor is appointed and qualified. 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 regular meeting assembled on the day of , 2005, 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 day of , 2005. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 5 -3 -05 CL CITY OF ALAMEDA RESOLUTION NO. APPOINTING BILL T. SCHMITZ AS A MEMBER OF THE CITY GOLF COMMISSION w BE IT RESOLVED by the Council of the City of Alameda that pursuant to Sections 2 -9.2 of 2 0 the Alameda Municipal Code, and upon nomination of the Mayor, BILL T. SCHMITZ is hereby appointed to the office of member of the Golf Commission of the City of the City of Alameda, for a I— term commencing May 3, 2005 and expiring on September 30, 2009 and to serve until his successor 0 is appointed and qualified. 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 regular meeting assembled on the day of , 2005, 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 day of , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPOINTING JANE SULLWOLD AS A MEMBER OF THE CITY GOLF COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Sections 2 -9.2 of the Alameda Municipal Code, and upon nomination of the Mayor, JANE SULLWOLD is hereby appointed to the office of member of the Golf Commission of the City of the City of Alameda, for a term commencing May 3, 2005 and expiring on September 30, 2009 and to serve until her successor is appointed and qualified. 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 regular meeting assembled on the day of , 2005, 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 day of , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA ORDINANCE NO. New Series RECLASSIFYING AND REZONING CERTAIN PROPERTY WITHIN THE CITY OF ALAMEDA BY AMENDING ZONING ORDINANCE NO. 1277, N.S., FROM R -5 (GENERAL RESIDENTIAL) ZONING DISTRICT TO C -C (COMMUNITY E COMMERCIAL) ZONING DISTRICT, FOR THAT PROPERTY LOCATED AT 2507 CENTRAL AVENUE AT EVERETT STREET IJ- p A BE IT ORDAINED by the City Council of the City of Alameda that: N ca Section 1. Section 11 -116 of Ordinance No. 1277, N.S., is hereby amended by reclassifying from R -5 (General Residential) Zoning District to C -C (Community Commercial) cp y_ Zoning District all the real property situated within the City of Alameda, County of Alameda, State p _ of California, bounded by Everett Street on the west, Central Avenue on the south and private CL , v property boundaries on the east and north, described as follows: Q. Gross Acreage Assessor's Parcel/ Address Existing Zoning Rezoned To 0.2 070 -170 -015 R -5 C -C 2507 Central Avenue Section 2. The above amendment shall be known as and reference to as Reclassification and Rezoning Amendment No. 197 to Ordinance No. 1277, N.S. Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: Lara Weisiger, City Clerk City of Alameda Presiding Officer of the Council 1 Final Passage of Ordinance #5 -B 5 -3 -05 Prepared by Planning Department November 13, 2000 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of , 2005, 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 day of , 2005. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA MEMORANDUM To: The Honorable Mayor and Members of the City Council From: William C. Norton Acting City Manager Date: May 3, 2005 Re: Presentation and Recommendation to Accept the West Alameda Neighborhood Improvement Concept Plan Background The West Alameda Neighborhood Improvement Concept Plan (The Plan) which is on file in the City Clerk's office is the result of a community engagement process led by BMS Design Group (BMS) and the Development Services Department (DSD) that began in early 2004. Financed with Community Development Block Grant (CDBG) funds, the Plan proposes public improvements for the neighborhood comprising Census Tract 4276, bounded by Appezzato Way, Main Street, Webster Street, and Pacific /MarshalVLincoln Avenues. This neighborhood was selected based on census data indicating the greatest number of low - income households in the City, observations of limited amenities and blighted physical conditions, and on -going discussions with community residents and institutional partners regarding needed improvements in the physical and social environment of the neighborhood. The Plan will provide a conceptual framework for public improvements in the neighborhood over the next five or more years. Having a framework designed in cooperation with the community and accepted by the Council will allow the City to coordinate and take advantage of opportunities as various types of development and public improvement possibilities arise. The Plan documents the concerns and input of more than 240 residents and stakeholders regarding public improvements desired in this West Alameda neighborhood. The final draft Plan was presented to the neighborhood at a widely publicized meeting on February 23, 2005. Comments were received and have been incorporated into the final draft currently under consideration. In addition, the draft Plan has been available for citizen review and comment at the City Clerk's office and, to facilitate greater community participation, was also made available at various neighborhood sites, including Chipman, Woodstock and Longfellow Schools, the Woodstock Park Recreation Center, the West End Branch Library, and City Hall West. A technical advisory committee, comprised of staff from various City departments and a representative from the Alameda Unified School District (AUSD), provided input to the draft Dedicated to Excellence, Committed to Service Report #5 -C 5 -3 -05 The Honorable Mayor and Members of the City Council May 3, 2005 Page 2 Plan and will continue to be involved in implementing the proposed improvements over time. Finally, several City boards and commissions (the Housing Commission, Planning Board, Recreation and Parks Commission, Transportation Commission, and the Public Utilities Board) heard presentations on the Plan in February and March 2005, and their comments have been incorporated into the final draft. The presentation to the Council will highlight some of the recommendations, priorities and opportunities outlined in the Plan. Discussion/Analvsis Reactions from the community, City boards and commissions and AUSD staff have been largely positive. The Plan provides a framework for three types of physical improvements: safety (including traffic calming and safer pedestrian movement), circulation and access (pedestrian connections within the neighborhood), and aesthetics (streetscape, lighting, and transit amenities). Key recommendations include: o Significant improvements to the Pacific Avenue /Marshall Way intersection providing better access to Chipman Middle School, including raised intersections and an improved crosswalk at Fourth Street. Pedestrian corridors to provide better access throughout the neighborhood in the vicinity of Chipman School, Woodstock Park, and Woodstock School. These pedestrian pathways could be created in partnership with the School District through a joint use agreement, easements and /or exchange of land at Chipman Middle School and Woodstock Park. AUSD staff and the Recreation and Parks Commission have both expressed support of the proposed project. Staff plans to move towards more structured discussions with AUSD, in conjunction with design activities, over the next couple of months. ❑ Improvements along Poggi Street, where excessive speeding was of concern to residents, would include raised pavement at the Poggi/Buena Vista corner and narrowed travel lanes, which would improve pedestrian safety and circulation. o Landscaping and installation of sidewalks, bus shelters, ornamental fencing, and gateway lighting to alleviate blight on the south side of Appezzato Parkway. In addition, the Plan supports the proposed Cross - Alameda trail and design of a linear park along the corridor. Both of these items are dependent on site control of the property, which is currently owned by the Alameda Beltline. Specific design and engineering solutions will be pursued as each component of the Plan falls into place. Some of the proposed improvements will need to be refined to meet technical requirements and changing conditions over time. Wherever feasible, contracts for installation of landscaping, street trees and similar amenities would include a start-up phase to minimize impact on City maintenance crews. Dedicated to Excellence, Committed to Service The Honorable Mayor and Members of the City Council May 3, 2005 Page 3 Pending acceptance by the City Council of the Plan, two elements are proposed for the first phase of improvements: ❑ Siting, design and installation of street trees, trash cans, and bus shelters on an in- fill basis throughout the neighborhood; and ❑ Design of the public connectors around Chipman Middle School, as described above. CDBG funds are currently available to undertake both of these elements beginning in May 2005, with an anticipated completion date of June, 2006. Fiscal Impact There is no direct impact on the General Fund. Approximately $500,000 in CDBG funds is available to implement the first phase of public improvements and design as described above. Recommendation It is recommended that the City Council accept the West Alameda Neighborhood Improvement Concept Plan. LL /CB /AW :sb 7 Resp- tfully sub It- Leslie A. Little Development Services Director By: Carol Beaver Community Development Manager cc: Housing Commission Planning Board Recreation Commission Transportation Commission Alan Nishino, AUSD Michael Smiley , BMS Design Group G: \PARTNERS \W EST ALAMEDA \Neighborhood Improvement Project \Council Reports \Staff Report 041905 draft.doc F: Projects / West Alameda Neighborhood Improvement Project 2003 -04 /Staff Reports Dedicated to Excellence, Committed to Service