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Resolution 12014CITY OF ALAMEDA RESOLUTION NO. 12014 DENYING APPEAL OF PLANNING BOARD RESOLUTION NOS. 2064, 2065, 2066, 2067, AND APPROVING NEGATIVE DECLARATION, IS -90 -2, USE PERMIT, UP- 90-7, USE PERMIT, UP -90 -8, AND FINAL DEVELOPMENT PLAN, FDP -90 -1, FOR THE PROPOSED HARBOR BAY FERRY TERMINAL AT MECARTNEY ROAD ON THE WESTERN SHORELINE OF BAY FARM ISLAND WHEREAS, the City Council of the City of Alameda has reviewed Resolution No. 2064 passed by the Planning Board of the City of Alameda adopting Negative Declaration IS -90 -2 for the Western Shoreline of Bay Farm Island; and WHEREAS, the City Council has considered the appeal of the Planning Board's decision by the Golden Gate Audubon Society; and WHEREAS, the City Council has held a public rehearing of this appeal and has examined pertinent maps, drawings, and documents; and WHEREAS, the project applicant Doric Development, Inc. and the appellant Golden Gate Audubon Society as part of a mutual settlement agreed upon certain revisions in the mitigation measures adopted by the Planning Board as conditions of the Negative Declaration, which revisions are acceptable to the City Council; and WHEREAS, the City Council has reviewed and adopted as its own the following 12 findings originally made by the Planning` Board and has added the 13th finding below: 1. The City Council has reviewed and considered the project applicant's Project Description and applications for Use Permits and a Final Development Plan, the proposed Negative Declaration IS- 90-2, the Staff Reports prepared for the Planning Board meetings of March 26, 1990, April 22, 1990, and May 14, 1990, the LSA Biological Report with its Appendices, the Abrams and Associates Traffic Impacts Study, written comments received, testimony received at the Public Hearings, and the written responses to comments received. 2. The Initial Study identified potentially significant effects, but revisions in the project plans or proposals made by or agreed to by the project applicant before the Negative Declaration was released for public review would avoid the effects or mitigate the, effects to a point where clearly no significant effects would-- occur, and there is no substantial evidence before the City Council that the project as revised may have a significant effect on th environment. 3. In adopting this Negative Declaration, the City Council haste`,' relied on the analysis of the biological consulting firm LSA Associates, Inc. and its sub - consultants in concluding that no further biological study is required at this time to finalize the environmental assessment and that no significant adverse environmental impacts are expected to result from the proposed project as mitigated with respect to biological values, with special attention to the eelgrass beds in the project site's vicinity and the species that live and feed there, the foraging of the California Least Tern, and the herring spawning near the project area. The City Council has given due attention to the biological issues raised by the Golden Gate Audubon Society and Professor Kitting and has included some of their suggestions in the revised mitigation measures which will be incorporated as conditions of project approval. 4. In adopting this Negative Declaration, the City Council has relied on the traffic study by Abrams and Associates and the recommendations of the City's Transportation Planner in formulating a set of mitigating measures to reduce traffic impacts which will be incorporated as conditions of project approval. 5. The project may have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. As mitigated, however, the project should have no significant effect on the quality of the environment, and will not cause any of the events described above to occur. In making this mandatory finding of significance, the City Council has carefully considered the project's potential impacts on the eelgrass beds, the foraging habitat for the California Least Tern, and the herring spawning area. 6. The project may have the potential to achieve short -term environmental goals to the disadvantage of long -term environmental goals. With the proposed mitigations, including an effective monitoring program, long -term environmental goals will be protected. In making this mandatory finding of significance, the City Council has carefully considered a broad range of long -term environmental goals, including reducing reliance on single occupant vehicles, reducing air pollution, protecting water quality in the Bay, promoting public access to and use of the Bay, and protecting the high habitat value of the vicinity of the project area, including the eelgrass beds, the foraging habitat of the California Least Tern, and the herring spawning area. 7. The project does not have possible environmental effects which are individually limited but cumulatively considerable. In making this mandatory finding of significance, the City Council has carefully considered the traffic trips for the ferry terminal in connection with the trips generated by other projects in the vicinity, and has further determined that this project will not 2 have incremental adverse effects on the foraging habitat of the California Least Tern which would require that such effects be viewed in connection with the effects on the foraging habitat of the California Least Tern of past projects, the effects thereon of other current projects, and the effects thereon of probable future projects. 8. The project does not have environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly. In making this mandatory finding of significance, the City Council carefully considered the potential of safety hazards for ferry patrons and persons using the pedestrian and bicycle paths through the Shoreline Park. 9. The proposed project is itself a mitigation measure for traffic impacts required by the City as a condition of approval for the development of Village V of Harbor Bay and is part of a comprehensive traffic trips reduction plan required by the City for the Harbor Bay development. 10. The proposed ferry service will result in a reduction of vehicular congestion on the streets of Alameda and Oakland, on the Bay Bridge, and in downtown San Francisco and as such will reduce air pollution in the region. These public benefits outweigh and override the limited environmental effects of the ferry operation. 11. There is no other available project site on Bay Farm Island which would allow the Project's objective of mitigating traffic impacts of the Harbor Bay development through ferry service to downtown San Francisco. 12. The City Council has reviewed a Mitigations Monitoring Program for the proposed project, attached hereto as Exhibit "A ", which is hereby adopted as part of this Resolution. 13. The City Council has imposed a condition of project approval that if the project were to result in unanticipated significant adverse environmental impact, the project would be promptly changed to eliminate or reduce said impacts to the level of significance or the ferry operations would be suspended pending redesign of the project and appropriate further environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said Council hereby denies the appeal and approves Negative Declaration IS -90 -2, subject to the following mitigation measures adopted as conditions: 1. The recommendations of the Geotechnical Engineering Investigation for Village V, as they relate to the ferry terminal site, shall be adhered to in construction of the project. 3 2. During construction, all soil shall be kept within the project site and shall not be eroded or carried onto other private or public property. Any soil which is deposited on public streets as a result of project construction activity shall be removed promptly and returned to the project site. 3. Project construction shall be designed for Seismic Zone 4 of the Uniform Building Code. 4. Construction dust shall be controlled through frequent watering and /or other dust control measures. In warm, dry weather, this shall mean twice daily. Reclaimed water shall be used whenever practicable. Soil which is transported in trucks shall be covered to prevent dust from being released. 5. Construction equipment and schedules which will minimize the generation of dust and particulate emissions shall be used. 6. Landscaping of the site and adjoining Shoreline Park shall be completed at the earliest possible date to further control dust. 7. A minimum of 60 percent of all painted surfaces shall be painted with water -based or latex paints and finishes to reduce hydrocarbon emissions. 8. A drainage plan shall be submitted to and approved by the Public Works Director prior to issuance of building and related City permits for the project. Best management practices shall be incorporated into the design, construction, and operatibn of the parking lot to minimize direct run -off into the Bay. These management practices will include regular sweeping of the ferry terminal parking lot and regular surveillance and monitoring of the parking lot to insure that there will be no emptying of motor fuel or oil onto the parking lot surface. Tank trucks or similar fuel delivery trucks will be prohibited from entering the ferry terminal parking lot. 9. The northerly limit of the large offshore eelgrass bed shall be marked with two markers, in accordance with accepted buoyage practice, as recommended in Appendix C (p.2) of the LSA Report. This will enable ferry skippers to maintain the required distance from the eelgrass bed. Additional markers shall be placed to mark any potential shoals or shallow points in the vicinity of the ferry approach route to the dock. 10. Removal and installation of piles in connection with installing a larger float and possible future activities in the Bay such as maintenance dredging shall be timed to avoid the herring spawning season, which ordinarily occurs variably from December to March. 4 11. Best management practices shall be followed in all soil - disturbing activities on adjacent upland sites, in order to minimize sedimentation in the Bay. 12. Construction activities shall comply with applicable City of Alameda Noise Ordinance standards. 13. Glare shall be minimized through the use of appropriate lighting fixtures that are shielded or that direct lighting downward and away from project boundaries. 14. Design of the site shall minimize potential conflicts between motor vehicles, bicyclists and pedestrians, and minimize hazards resulting from poor visibility and excessive speed in the vicinity. Where appropriate, warning or caution signs shall be installed. 15. Waste receptacles shall be provided in accordance with the specifications of the City. 16. Bicycle lockers or racks shall be provided at the terminal. 17. Prior to construction, the project applicant shall furnish the Planning Director with documentation that the project applicant has obtained all necessary clearances and permits from BCDC and the U.S. Army Corps of Engineers. Prior to commencement of operation, the project applicant shall furnish the Planning Director with documentation that all necessary approvals from the U.S. Coast Guard and the California Public Utilities Commission have been obtained. 18. The ferry shall reduce speeds when approaching and leaving the shoreline. Speeds shall not exceed 7 -8 knots within 1000 feet (perpendicular distance) from the shoreline. 19. The route of the ferry shall, subject to ensuring navigational safety, be designed to minimize impacts on eelgrass and disturbance of sediments while approaching the terminal. The operational route shall approximate the trial run route illustrated in Figure 11 (Trial Run #3 -6) of the LSA Report. This route would keep the ferry over the deeper waters of the borrow pit (a less environmentally sensitive area than the mudflats which support the eelgrass beds) for about two miles approaching the shore, and subject to operational safety considerations, maintain the maximum distance from the major off -shore eelgrass bed. The operational route may vary somewhat from the trial run route in Figure 11, if necessary to ensure navigational safety. Deviations from the operational route may be permitted on individual runs if necessary for safety reasons. 20. Except in emergencies, propeller thrust shall be kept to a minimum in the area within 900 feet of the shore. This will minimize disturbance of the shallows at the ferry landing. 5 21. The ferry shall be homeported, fueled, maintained, and repaired off of Bay Farm Island, so that the dock facilities at Bay Farm Island and the duration of the ferry's presence at the project site are minimized. Fuel and water for the ferry shall not be stored at the Harbor Bay terminal. 22. The applicant shall contract with a qualified biologist for biological monitoring of the eelgrass beds during the first three years of operations and for an additional period if the Mitigations Monitoring Program is extended. The biological monitoring program shall use the transects installed by LSA as described in the LSA Report and obtain samples twice annually during the early and late growing season for eelgrass, with annual reports as recommended by LSA. As part of the biological monitoring program, the applicant shall contract with a qualified biologist to obtain samples by appropriate netting procedures in the area of the eelgrass beds of fish species known to be important to the California Least Tern, twice annually, one of which shall be during the foraging season of the California Least Tern, with annual reports to the City. The details of the sampling procedures and the analysis for the annual reports shall be finalized by the City's Planning Director through consultation with qualified biologists from the Fish and Wildlife Service of the United States Department of the Interior and the State of California Department of Fish and Game. 23. The ferry shall maintain mufflers and other noise reduction equipment in good working order, and shall operate in cbnformance with applicable City of Alameda Noise Ordinance standards. 24. Bilge wastes shall not be released into the Bay, but shall be pumped out and deposited at an appropriate waste station away from Bay Farm Island. 25. Shuttle bus service shall be available to and from the business park at the start of ferry service, and shall continue as long as such service remains in operation. 26. The project applicant shall demonstrate a good faith effort to work with AC Transit or other appropriate public transit operators and public agencies to establish a free intermodal transfer privilege for bus -ferry patrons. 27. The project applicant shall work with the Community of Harbor Bay Isle Owners Association, the Harbor Bay Business Park Associations and the Public Works Department to establish a shuttle bus service between the residential villages and the ferry terminal. 28. To encourage use of bicycles, public transit and multiple occupancy vehicles, the project applicant shall either charge for 6 parking or provide within Alameda free AC Transit connections to and from the Harbor Bay ferry terminal for ferry patrons. 29. The developer shall provide 125 to 150 parking spaces initially, and increase the number up to a total capacity of 250 spaces should demand warrant. The lot shall be designed to maintain the ability to charge for parking. Parking lot design shall also provide for priority transit access through the Mecartney Road entrance. 30. Parking spaces on Mecartney Road and Adelphian Way in the vicinity of the ferry terminal shall be limited to and signed for 2 hour parking between 8 a.m. and 6 p.m. on weekdays. Should conditions warrant, 2 hour parking limitations may be imposed on weekends. 31. Preferred parking spaces for vanpools shall be provided in the ferry terminal parking lot as demand warrants. 32. Prior to beginning service, a detailed analysis of patronage levels by area of residence, and an analysis of the impact of the Harbor Bay ferry service to Alameda /Oakland ferry patronage shall be provided. 33. A three year financial analysis which identifies the amount of subsidy required per year and possible funding sources for that subsidy shall be provided. This analysis shall be updated annually and include any new subsidy projections developed. 34. Design of the dock and loading facilities shall incorporate safety measures to minimize concerns for patron safety associated with the effects of unfavorable weather conditions. Project applicant shall provide City with a Contingency Operating Plan which addresses how service will be accommodated in high wind conditions. 35. The Mitigations Monitoring Program, attached hereto as Exhibit "A ", shall be fully implemented. 36. If the project were to result in unanticipated significant adverse environmental impacts, appropriate changes in operations for the purpose of avoiding any continuing significant adverse environmental impacts shall be initiated immediately by the Proponent, with written permission from the City's Public Works Director. The modified operations shall be monitored by City staff or the expert biological consultant as appropriate. If the installed improvements need to be altered to mitigate the environmental impacts, the Proponent shall promptly apply for amended permits from the City or other agencies as appropriate and shall proceed promptly with the needed alterations. If operational changes or alterations to the installed improvements do not eliminate or reduce the adverse environmental impacts to a level 7 or insignificance, the ferry operations shall be suspended, pending redesign of the project and appropriate environmental review. Termination of the ferry operations (as distinct from temporary suspension) prior to the end of the license period granted by the California Public Utilities Commission would require approval by the Commission. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said Council hereby denies the appeal with respect to the Use Permits and the Final Development Plan and approves Use Permit, UP- 90-7, Use Permit, UP -90 -8, and Final Development Plan, FDP -90 -1, by adopting the findings and conditions set forth in Planning Board Resolution Nos. 2065, 2066, and 2067. 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 4th day of September, 1990, by the following vote to wit: AYES: (5) Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica. NOES: (0) None. ABSENT: (0) None. ABSTENTIONS: (0) None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of September, 1990. Diane Felsch, City Clerk City of Alameda 8 EXHIBIT "A" HARBOR BAY FERRY TERMINAL MITIGATION MONITORING PROGRAM INTRODUCTION The Mitigation Monitoring Program for the Harbor Bay Ferry Terminal Project is composed of monitoring performed in three categories: (1) a self- monitoring reporting system to be implemented by the project Proponent /operator; (2) review by City staff of Proponent's performance; and (3) for the technical biological issues, monitoring reports will be prepared by qualified experts and filed with the City. The Mitigation Monitoring Program is divided into two sections: Construction Phase and Operations Phase. The respective sections are organized by the order of mitigation measures listed as conditions in the Resolution adopting the Negative Declaration. CONSTRUCTION PHASE 1. Adherence to Recommendations of the Geotechnical Engineering Investigation: Proponent: At completion of construction, Proponent will file with City a statement by the project's general contractor certifying that the recommendations of the Geotechnical Engineering Investigation for Village V were adhered to in the project construction. City: At the plan check and field check stages, City inspectors will verify that the recommendations were being followed. 2. Soil Erosion Control: Proponent: At completion of construction, Proponent will file with City a statement by the project's general contractor certifying that the soil erosion control measures specified in Condition No. 2 were adhered to in the project construction. City: Through spot field checks, City Staff will verify that the soil erosion control measures specified in Condition No. 2 were being followed. 1 3. Seismic Requirements: Proponent: Proponent will submit plans for the ferry terminal shelter permit which meet the design standards for Seismic Zone 4 of the Uniform Building Code. City: At the plan check stage, the Building Inspector will review the project plans and document that the design of the ferry terminal shelter meets the U.B.C. standards for Seismic Zone 4. 4, 5, and 6. Dust Control: Proponent: At completion of construction, Proponent will file with City a statement by the project's general contractor certifying that the dust control measures specified in Condition Nos. 4, 5 and 6 were adhered to in the project construction. City: Through spot field checks, City Staff will verify that the dust control measures specified in Condition Nos. 4, 5 and 6 were being followed. 7. ''linimize Oil -Based Paint: Proponent: Upon completion of painting of the ferry terminal and related improvements, Proponent will file with City a statement by the painting contractor that at least 60 percent of all painted services were painted with water -based or latex paints and finishes. City: At the plan check stage, the City inspector will confirm that the painting specifications require at least 60 percent water -based or latex paints. City inspectors will confirm by field checks that the painting contractor was using water -based or latex paints in the required proportions. 8. Control of Run -off into Bay: Proponent: Prior to construction, Proponent will submit a drainage plan to the Public Works Department which will incorporate measures to minimize direct run -off into the Bay during the construction phase. At completion of construction, Proponent will file with City a statement by the project's general contractor certifying that run -off minimization measures specified in Condition No. 8 were adhered to in the project construction. (For control of run -off during operations, see Section 8A under Operations Phase.) 2 City: Through spot field checks, City Staff will verify that the run -off minimization measures specified in the City - approved drainage plan were being followed. 9. Iarker Buoys: Proponent: Upon installation of the marker buoys recommended in the LSA and Kirkland Reports, the Proponent will file with the City an "as- built" plan of the marker locations indicating their placement with respect to the eelgrass beds. 10. Timing of Construction in Bay: Proponent: Prior to construction activities in the Bay, Proponent shall file with City a statement by a qualified biologist that the proposed construction will not adversely interfere with the herring spawning season. 11. Soil-disturbing Activities on Adiacent Upland Sites: Proponent: Prior to start of clearing and grubbing activities in project areas adjacent to the Bay, the Proponent will submit to City a plan describing the management practices to be followed by the grading contractor to minimize sedimentation in the Bay. City: Through spot field checks, City Staff will verify that the sedimentation control measures contained in the plan approved by the City pursuant to Condition No. 11 were being followed. 12. Construction Noise: Proponent: Prior to start of construction, Proponent will submit to City a plan proposing the hours of operation and the equipment to be used during construction to minimize construction noise. At completion of construction, Proponent will file with City a statement by the project's general contractor certifying that the noise control measures specified in the City- approved noise control plan were adhered to in the project construction. City: Through spot field checks, City Staff will verify that the noise control measures specified in the City- approved noise control plan were being followed and that construction activities were in compliance with applicable Alameda Noise Ordinance standards. 3 13. Glare: proponent: Prior to construction, Proponent shall present improvement plans for the building permit which provide lighting fixtures which are shielded or that direct lighting downward and away from the project boundaries. City: At the plan check stage, City Staff shall review the lighting fixtures and document their approval. City Staff shall verify that the lighting fixtures were installed per the approved plans. 14. Traffic Hazards: Proponent: Prior to construction, Proponent shall submit a plan detailing the warning and caution signs and other measures to be used to minimize conflicts or collisions involving Shoreline Park users and ferry patrons crossing the Shoreline Park or pedestrian and bicyclists crossing the ferry terminal parking lot or entrance. City: At the plan check stage, City Staff shall review the warning signs and other safety measures and document their approval. City Staff shall verify that the warning signs and other safety measures were installed per the approved plans. 15. Waste Receptacles: Proponent: Prior to construction of the ferry terminal building, Proponent shall include details of waste receptacles to be provided. City: At the plan check stage, City Staff shall review and approve the type and number of waste receptacles to be provided for the project. City Staff shall verify that the waste receptacles were installed per the approved plans. 16. Bicycle Lockers or Racks: Proponent: Prior to construction of the ferry terminal building, Proponent shall include details of bike lockers or racks to be provided. City: At the plan check stage, City Staff shall review and approve the type and number of bike lockers or racks to be provided for the project. City Staff shall verify that the bike lockers or racks were installed per the approved plans. 4 17. Permits By Other Agencies. Proponent: Prior to construction, Proponent shall furnish to City documentation that the Proponent has obtained all necessary clearances and permits from BCDC and the U.S. Army Corps of Engineers. Prior to commencement of operation, Proponent shall furnish to City documentation that the Proponent has obtained all necessary approvals from the U.S. Coast Guard and the California Public Utilities Commission. City: Planning Staff shall document receipt of these permits. OPERATIONS PHASE 8A. Control of Runoff into Bay: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report certifying that regular sweeping of the parking lot was conducted and regular surveillance to insure that there would be no emptying of motor fuel or oil onto the parking lot surface. If Proponent in its management of the ferry terminal parking lot becomes aware of any pollutant spills on the parking lot, the Monitoring Report will describe the circumstances of the spill and the response taken to control runoff into the Bay. The Proponent will arrange that the parking lot will be swept at least once a month on a regular basis, and more often if so directed by City Staff upon spot field checks of the site. The ferry terminal parking lot will have a sign forbidding non - emergency vehicle repair activities and any emptying of motor fuel or oil onto the parking lot surface. The Proponent's security services contract with the Harbor Bay Business Park will provide that if the security staff in their daily patrols through the ferry terminal parking lot should observe any emptying of motor fuel or oil onto the parking lot surface, an incident report will be issued and filed promptly with the Proponent and the City. The security services contract will also include provision for a weekly visual survey of the ferry terminal parking lot with a written report of any evidence of pollutant spills, which will be filed promptly with the Proponent and the City. Upon receipt of reports of any pollutant spills, the Proponent will promptly take appropriate remedial steps to control runoff into the bay and file a written report on the response action with the City. 5 City: Through spot field checks, City Staff will verify that the best management practices specified in Condition No. 8 are being followed. If appropriate, City Staff will direct Proponent to modify its management practices to more adequately control runoff into the bay. The City will arrange for random checks by the Alameda Police by radar gun of vessel speeds within the area where speeds are to be limited, to be documented with written reports. City staff will check on the consistency of the vessel log notations with the police reports. 18. Vessel Speeds: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report stating the maximum speeds observed within the near -shore distances specified in Condition No. 18 and explaining the circumstances of any exceedances. The Proponent will arrange that the vessel operator will note in the vessel log the speeds of each approach and departure from the dock within the area where speeds are to be limited and will file a copy of the vessel log entries with the City on a monthly basis. City: City Staff will review Proponent's self- monitoring reports and note any exceedances in the annual Planning Department Summary Staff Report to the Planning Board. City Staff will periodically monitor vessel speeds, either by timing the vessel between the shore and the marker buoys, or by direct observation while traveling on the vessel. Any exceedances will be noted in the annual report to the Planning Board. 19. Distance From Eelgrass Beds: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report stating the project's degree of conformance with the required distances from the major eelgrass bed and explaining the circumstances of any straying from the approved approach zone. City: City Staff will review Proponent's self - monitoring reports and note any exceedances in the annual Planning Department Summary Staff Report to the Planning Board. City Staff will also periodically monitor the route of the vessel and note any substantial variations from the required distance between the vessel and the eelgrass beds in the annual report to the Planning Board. 6 20. Propeller Thrust Near Shore: proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report stating the maximum propeller thrust used within 900 feet of shore and explaining the circumstances of any exceedances. City: City Staff will review Proponent's self- monitoring reports and note any exceedances in the annual Planning Department Summary Staff Report to the Planning Board. 21. Off -Site Fueling and Repairs: Proponent: Prior to commencement of operations, Proponent will file with City a statement of where the vessel will be fueled and repaired. If the fueling or repair site is moved, Proponent will file prior notice thereof with City. As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a statement certifying conformance to the requirements for off -site fueling and repairs. 22. Monitoring the Eelgrass Beds and Fish Species: Proponent: Proponent shall contract with a qualified biologist for biological monitoring of the eelgrass beds during the first three years of operations and for an additional period if the Mitigations Monitoring Program is extended. The biological monitoring program shall use the transects installed by LSA as described in the LSA Report and obtain samples twice annually during the early and late growing season for eelgrass, with annual reports as recommended by LSA. As part of the biological monitoring program, Proponent shall contract with a qualified biologist to obtain samples by appropriate netting procedures in the area of the eelgrass beds of fish species known to be important to the California Least Tern, twice annually, one of which shall be during the foraging season of the California Least Tern, with annual reports to the City. The details of the sampling procedures and the analysis for the annual reports shall be finalized by the City's Planning Director through consultation with qualified biologists from the Fish and Wildlife Service of the United States Department of the Interior and the State of California Department of Fish and Game. Proponent shall promptly file copies of the biological monitoring reports with the Golden Gate Audubon Society, Fish and Wildlife Service of the United States Department of the Interior, and the State of California Department of Fish and Game. 7 City: City Staff will review the biologist's reports and provide a summary report to the Planning Board on an annual, or a more frequently if needed, basis. City will direct Proponent to implement the recommendations if warranted. 23. Noise of Vessel Operations: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report detailing the mufflers and other noise reduction equipment used on the vessel and steps taken to maintain them in good working order. 24. Bilge Wastes: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report detailing the degree of conformance with the prohibition of releasing any bilge wastes into the Bay, with an explanation of any such releases. 25. Business Park Shuttle Service: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, 'Proponent will file with City a self - monitoring operations report including a statement describing the shuttle service provided from the Harbor Bay Business Park, including the number of passengers using the shuttle, the number of operations and the frequency of service. 26. Public Transit Inter -Modal Transfer: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report including a statement describing the bus services implemented to serve the ferry terminal including bus schedules and routing information, and the status and levels of utilization of free intermodal transfer priveleges. 27. Possible Shuttle Service to Residential Villaues: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report including a statement describing the efforts made by the Proponent to 8 establish a shuttle bus service between the residential villages and the ferry terminal. 28. Either Charge for Parking or Free Transit: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report including a statement explaining how Proponent either charged for parking in the ferry terminal parking lot or provided within Alameda free AC Transit connection to and from the Harbor Bay ferry terminal for ferry patrons, with a report on the amount of usage. 29. Ferry Terminal Parking: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report including statements describing the amount of parking spaces provided, counts of parking lot space and bicycle usage at least once per month, any expansion of the parking lot during the year, how the electronic card system functioned, and a current traffic count for Mecartney Road. 30. Vicinity Street Parking: Note: On installation of the required parking signs, no additional monitoring will be necessary. 31. Van Pool Parking: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report including a review of the demand for van pool parking and the steps taken to accommodate such demand. 32. Patron Surveys: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report including a survey of patronage by areas of residence. 9 33. Financial Analysis: Proponent: As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self- monitoring operations report including a financial analysis which identifies the amount of subsidy required and funding sources for subsidies. 34. Safety in Hiah Wind Conditions: Proponent: Prior to commencement of operations, Proponent will provide City with a Contingency Operating Plan which identifies how patrons will be served when high wind conditions interfere with vessel use. As part of the Monitoring Report due annually for three years after the commencement of operations, Proponent will file with City a self - monitoring operations report including a statement of safety measures used for patron safety during high wind conditions, a report on utilization of the Contingency Operating Plan, and a description of any accidents on the dock, gangway, or vessel in which any persons were injured. ANNUAL REVIEW At the end of each year for the first three years of operations, Proponent will file with City a self- monitoring report including the information and statements of conformance detailed above, and the required eelgrass and fish species fonitoring reports by a qualified biologist. City staff will review its files to check the Proponent's statements filed during the Construction Phase and the documentation of City approvals, field checks, and confirmations. The City Planning Department will prepare a Summary Staff Report of the Mitigation Monitoring Report for a Planning Board Hearing, at which time the Planning Board will give direction as to any modifications in the Mitigation Monitoring Program which the Planning Board determined to be necessary to achieve the purposes of the monitoring program, including consideration of Condition No. 36. At the third annual review, the Planning Board will give direction as to whether an extension of the Mitigation Monitoring Program is warranted, and if so, which elements should be extended or modified. RESPONSIBILITY FOR MONITORING COSTS Proponent shall be responsible for the costs associated with the monitoring requirements specified in the Mitigation Monitoring Program. A deposit of $600.00 shall be paid annually to the City Planning Department to cover the costs of the City's monitoring efforts during the construction phase and the initial three years of operations. The initial deposit shall be paid prior to the 10 issuance of building permits for the project. In the event that the monitoring program is extended beyond the initial three years of operations, or should the Planning Board require that the scope or intensity of City monitoring efforts be increased because of a documented need for additional review, the amount of deposit shall be renegotiated by Proponent and City. City Staff will record the time spent in monitoring the development and operation of the ferry service, and deduct said expenditures from the balance. Upon expiration of the monitoring program, the outstanding balance shall be refunded to Proponent. In exception to this provision, City Staff time devoted to plan check and construction phase inspections that are ordinarily associated with construction projects in the City of Alameda will not be billed to the Proponent under the Mitigation Monitoring Program. Instead, City plan check and building permit fees will be collected as per City policy to address these costs. FILING OF SELF - MONITORING REPORTS AND PROPONENT'S STATEMENTS Proponent shall provide to City Planning Director two copies of all self- monitoring reports, proponent's statements of compliance, and other documentation required by City under the Mitigation Monitoring Program. The Planning Director will provide copies of these documents to appropriate City Departments as warranted. 11