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Resolution 14367CITY OF ALAMEDA RESOLUTION NO. 14367 APPROVING REVISED MEMORANDUM OF UNDERSTANDING BETVVEEN THE ALAMEDA CITY EMPLOYEES ASSOCIATION AND THE CITY OF ALAMEDA FOR THE PERIOD COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2011 WHEREAS, there has been submitted to this Council a Memorandum of Understanding between the Alameda City Employees Association and the City of Alameda; and WHEREAS, the Council of the City of Alameda has fully examined said proposed Memorandum of Understanding, a copy of which is on file in the Office of the City Clerk, and thereby finds and determines adoption of said documents to be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that said Council hereby approves and adopts said revised Memorandum of Understanding. BE IT FURTHER RESOLVED that the provision of this Resolution shall supersede any other resolution in conflict herewith. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 21st day of July, 2009, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, and Mayor Johnson - 4. NOES: None. ABSENT: Councilmember Tam - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of July, 2009. Lara Weisiger, Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. 14368 APPROVING TENTATIVE TRACT MAP NO. 8015 (FILE NO.PLN08 -0507) AT THE ALAMEDA TOWNE CENTER. WHEREAS, applications were made in 2005 by Harsch Investment Corp and its affiliate Harsch Investment Realty LLC Series C requesting approval of Tentative Tract Map No. 8015; and WHEREAS, the application includes reconfiguring four existing lots into six lots; 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 Planning Board held a public hearing on April 13, 2009 and examined pertinent maps, drawings, documents and testimony; and WHEREAS, the Planning Board held a public hearing on April 27, 2009 and examined pertinent maps, drawings, documents and testimony; and WHEREAS, in recommending approval of the application, the Planning Board attached a condition requiring compliance with certain requirements of the Public Works Department prior to consideration of the project by the City Council; and WHEREAS, these requirements have been met to the satisfaction of the Public Works Department; and WHEREAS, the Planning Board adopted Resolution PB -09 -08 recommending that the City Council approve of the proposed Tentative Tract Map and the Planned Development zoning amendment; and WHEREAS, the City Council held a public hearing on July 21, 2009 and examined all pertinent exhibits, documents and testimony; and WHEREAS, the City Council has made the following findings relevant to the Tentative Tract Map: Finding 1. The proposed map is consistent with applicable General and Specific Plans. The proposed map is consistent with the existing General Plan designation of Community Commercial. The Community Commercial designation is intended for a wide range of commercial uses including large format retail. The proposed expansion of retail commercial, restaurant, and parking uses is consistent with this designation. General Plan policies support the continued operation of this facility as a regional shopping center. Finding 2. The proposed design /improvements are consistent with applicable General and Specific Plans. The proposed subdivision map will not alter existing or proposed design elements included in Planned Development or Design Review entitlements. Finding 3. The site is physically suitable for this type of development. The site is an existing shopping center. The proposed subdivision map will not require alteration to existing or proposed elements included in Planned Development or Design Review entitlements. Physical suitability of this site for development has been evaluated in the 2003 Mitigated Negative Declaration and the 2008 EIR. Finding 4. The site is physically suitable for the proposed density of development. The proposed subdivision map will not require alteration to existing or proposed elements included in Planned Development or Design Review entitlements. The proposed density of development has been evaluated in the 2003 Mitigated Negative Declaration and the 2008 EIR. Finding 5. The proposed subdivision and its related improvements are not likely to cause substantial environmental damage or cause injury to fish or wildlife habitats. The site is located within a developed urban area The property is already developed. Potential environmental effects associated with the redevelopment and expansion of the retail floor area of the site have been previously evaluated pursuant to the requirements of CEQA. Approval of the subdivision map will not require alteration to existing or proposed elements included in Planned Development or Design Review entitlements. Finding 6. Finding 7. The design of the subdivision and its related improvements will not conflict with easements, acquired by the public at large, for access through or the use of, property within the proposed subdivision. The proposed subdivision map will not require alteration to existing or proposed elements of the Planned Development entitlements, which include a comprehensive network of vehicular, pedestrian, bicycle and transit access improvements. The design of the subdivision or the type of improvements will not cause public health problems. The proposed subdivision map will not require alteration to existing or proposed elements included in Planned Development or Design Review entitlements. The project has been evaluated in the 2003 Mitigated Negative Declaration and the 2008 EIR and no potential adverse health effects have been identified. WHEREAS, the City Council determined that the proposed subdivision of this developed land does not have the potential to cause physical changes to the environment that could result in adverse impacts to the environment. Pursuant to CEQA Guidelines Section 15305, no additional environmental evaluation is required; and THEREFORE BE IT RESOLVED that the City Council of the City of Alameda approves Tentative Tract Map No. 8015 (File No. PLN08 -0507) at the Alameda Towne Centre to allow the subdivision into six parcels subject to the following conditions: CONDITIONS APPLICABLE PRIOR TO THE APPROVAL OF THE FINAL MAP BY THE CITY COUNCIL 1. The final map shall conform to the requirements of the Subdivision Map Act, Alameda Municipal Code regarding Real Estate Subdivisions Regulations, Planning Board and City Council Tentative Map Resolutions applicable to the Final Map, and shall be acceptable to the City Engineer and Planning Director. 2. All easements shall be shown on the Final Map including private streets ingress /egress access easements, surface drainage runoff, and utility easements for the benefit of the property owners. 3. Mylar copies of the recorded Final Map shall be provided to the City Engineer. AutoCAD cd -rom copies of the Final Map (without signatures) shall be provided to the City Engineer. 4. The subdivider shall post a refundable cashier's check in the amount of $500 ($100 per final map sheet) to guarantee that a Mylar copy of the recorded Tract Map is provided in the form approved by the City Engineer. 5. HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the City Council, the Redevelopment Agency, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding (including legal costs and attorney's fees) against the City of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, an approval by the City of Alameda, the Planning and Building Department, Alameda City Planning Board, the City of Alameda Redevelopment Agency or City Council relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in such defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6 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 requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 21st day of July, 2009, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, and Mayor Johnson - 4. NOES: None. ABSENT: Councilmember Tam - ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of July, 2009. Lara Weisiger, City C City of Alameda