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Resolution 13584CITY OF ALAMEDA RESOLUTION NO. 13584 APPROVING FINAL MAP AND ACCEPTING CERTAIN DEDICATIONS AND OFFERS OF DEDICATION AND EASEMENT VACATIONS FOR TRACT 7387 WHEREAS, an application was made on October 26, 1999 by the Catellus Development Corporation requesting approval for a General Plan Amendment, Master Plan, Rezoning, Development Agreement and Tentative Map relating to the development of a residential area including sites for parks, public open space, a school and a commercial/business park area on a 215 acre site encompassing the Alameda Naval Air Station (NAS) East Housing, the Alameda Fleet and Industrial Supply Center and Annex. The project would be completed in phases over a multi -year period, depending on market conditions. The project would include associated parking, landscaping and public shoreline access; and WHEREAS, the proposal for a Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map, Parcel (Disposition) Map, City Council Resolution 13216 (certifying the Final EIR for the Catellus Mixed Use Development) and City Council Resolution 13217 (making findings concerning mitigation measures and alternatives, and adoption a Statement of Overriding Considerations and a M MRP) were approved by the City Council on May 31, 2000; and WHEREAS, the MMRP identified certain traffic improvements to mitigate potentially significant impacts of the Project as set forth in the Final EIR of the Catellus Mixed Use Project; and WHEREAS, the City has identified different traffic improvements and finds that those improvements are equivalent effective mitigations for the impacts identified in the Final EIR for the Catellus Mixed Use Development as detailed in the memorandum dated May 7, 2003 (attached hereto as Exhibits A & B); WHEREAS, pursuant to Resolution No. 13423, the City Council approved Tentative Map amendment TMA01 -002 to Tentative Map, TM -7179 on December 18, 2001; and WHEREAS, pursuant to Chapter 30, Article VI, Title 30 -81, Final Map, of the Alameda Municipal Code ( "AMC "), the City of Alameda, CIC (Owner) and Developer (Subdivider), has prepared and presented to this Council the Final Map of the Subdivision known as Tract 7387; and WHEREAS, Tract 7387 established 200 legal lots, private and public streets, lanes and common areas plus a remainder parcel that will be further subdivided in accordance with is the first phase of a multi -phased development; and WHEREAS, said Final Map delineates thereon for dedication to the City of Alameda public streets, a park, easements for public utilities and rights for public safety vehicles and emergency equipment easements for private facilities, utilities and access; and WHEREAS, said Final Map delineates thereon vacation and abandonment of appropriate existing public easements; and WHEREAS, the Peralta Community College District, in accordance with Education Code section 81310 authorized the conveyance of a public access easement to the City of Alameda for the purpose of providing disabled sidewalk access pursuant to Resolution No. 02/03 -51 on February 25, 2003; and WHEREAS, subdivider desires to enter into a Subdivision Improvement Agreement ( "Agreement ") to construct and complete the improvements in said subdivision, has submitted the Final Map therefore for approval at this time, and has posted its bond guaranteeing full and faithful performance of said work which has been approved by City, all in accordance with AMC Section 30- 85; and WHEREAS, it will be to the advantage and benefit of the City to have said work performed in accordance with said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda _that the City Council accepts the equivalent effective mitigations identified in the memorandum dated May 6, 2003; BE IT FURTHER RESOLVED that the Final Map of Tract 7387 be, and hereby is, approved: BE IT FURTHER RESOLVED that certain easements dedicated to the public and rights of access are hereby accepted, on behalf of the public and the City, for use in conformity with the terms of the dedication; BE IT FURTHER RESOLVED that said public easements designated for abandonment are hereby vacated; BE IT FURTHER RESOLVED that other said easements offered for dedication but for which improvements have not yet been constructed will be accepted at a later date upa on completion of those improvements; BE IT FURTHER RESOLVED that the City of Alameda hereby accepts conveyance of the public access easement granted by the Peralta Community College District on February 25, W03, in accordance with Education Code section 81310 for the purpose of providing disabled 'sidewalk access pursuant to Resolution No. 02/03 -51; BE IT FURTHER RESOLVED that the agreement for construction and completion of the public improvements in said subdivision, and all its terms and conditions be, and hereby are, approved and the City Manager and the City Clerk are authorized and directedto execute and attest- to, respectively, said agreement on behalf of the City of Alameda; and BE IT FURTHER RESOLVED that the Bonds in the total sum of $13,081,53.5 guaranteeing full and faithful performance of said public improvements, labor and materials= fOrai`O'hereby approved as sufficient in amount. * Revised 5/13/03 Exhibit A MEMORANDUM Date: May 13, 2003 To: Doug Cole, Redevelopment Manager From: Cheri Sheets, City Engineer RE: Catellus FISC Development — Traffic Mitigation Fees Summary Attached is a spreadsheet detailing the calculated Traffic Mitigation Fees for the Catellus Project. This information was presented and reviewed by Cheri Sheets, Doug Cole, Cynthia Eliason, and David Brandt on Monday April 14, 2003. The calculations were then adjusted to reflect discussions with Catellus on April 22, 2003 wherein a weighted traffic average (rather than intersection traffic average) was agreed to for mitigations, which remedy more than one location. The residential share of Traffic Mitigation Fees is $1,296,804 or $ 2,674 per residential unit. This fee represents the total maximum fee owed for the Residential Project for MMRP T/C 1 through T /C18. The commercial share of Traffic Mitigation Fees would be $6,608,934 or $3.37 per square foot including TSM fees. Mitigation Measures have been revised to be the most feasible known equivalent either based on the Caltrans PSR for Broadway /Jackson or the proposed Phase 2 PSR for Broadway /Jackson. Where mitigations involve the freeway, it has been assumed that 90% of funding will come from State and Federal transportation grant funds. This is consistent with CDF Study. The project has not been credited with other local or non- transportation grant funds since the CDF specifically reserves those for City's contribution for existing traffic. Discussion I was asked to review the Catellus Project contribution traffic percentage calculations identified in Chandler Lee's memo dated March 27, 2003 and the Table 1 Catellus • Project Contribution Matrix with PSR Defined Mitigation Costs (undated) developed by Barbara Hawkins. Here are my findings: 1. The underlying traffic data used for the calculations for Catellus Project contribution (Technical Appendix pages 172 thru 174 for existing without project, pages 246 thru 248 for existing with project and 391 thru 393 for 2020 with project) are all appropriate, except for the Tinker Avenue Project. Since the 2020 Exhibit A — Page 1 of 2 scenario assumes the Tinker Project is built, the percentage share calculation for Tinker must be calculated using the average of volumes on Atlantic and Tinker. 2. The memo also included calculation of the percentage share based on project's share of total 2020 traffic, which is not consistent with the MMRP. The EIR requires the Project to pay its pro rata share based on growth in traffic. The revised calculations are included the Attachment A worksheet entitled "EIR T/C Trip Share ". 3. The Table 1 Project Contribution and PSR Defined $ Matrix needs to be adjusted to reflect the revised percentage of growth in trips. The matrix also seems to double count some costs. For example the I -880 SB on ramp is the mitigation measure for T/C 10 and T/C 13. The matrix adds these items together. The project should only pay for the average of the two values. See Attachment B worksheet entitled "EIR T/C Residential & Commercial Cost Share ". 4. Table 1 also identifies the "feasible" mitigation for each identified impact. These are not the same as listed in the EIR but rather reflect the items identified as feasible in the Caltrans I- 880Broadway Jackson PSR and the subsequent items identified for further study in the follow up PSR. 5. The Matrix does not include all mitigations. T/C 6 in particular needed to be included since it is both am and pm peak hour issue. Although T/C 6a is not triggered until office development greater than 360,000 square feet both T/C 6b and T/C 6c are triggered prior to 360,000 square feet of office. The proposed mitigations require widening outside of existing right -of -way on Atlantic and Webster, therefore Tinker Extension was used as the feasible alternative mitigation. Based on a review of the Technical Appendix (page 181 p.m. peak hour critical movements southbound right turn, eastbound through lane, westbound through lane) the equivalent residential only impact at Atlantic/Webster that triggers T/C 6b and T/C 6c is 161 homes. See Attachment B incorporates all mitigations. Exhibit A — Page 2 of 2 Exhibit B MEMORANDUM Date: May 13, 2003 To: Doug Cole, Redevelopment Manager From: Cheri Sheets, City Engineer RE: Catellus FISC Development — Citywide Nexus Study and Development Fees The Citywide Development Fees ( "CDF ") nexus study dated January 2001 was. approved - by the City Council on February 21, 2001 pursuant to Ordinance No. 2854. The Development fees include transportation projects, Parks and Recreation projects, Public Facilities, and Public Safety projects. The study states the CIC shall pay Catellus share of CDF since the DA specifically exempts the Developer from future fees. The estimated CDF for the entire (residential plus commercial) Catellus project is $6,200,000 of which approximately 58% ($3,596,000) is for transportation purposes. The residential share of the CDF for transportation purposes is estimated at approximately $909,000. See Attachment A worksheet entitled "CDF Transportation $ ". The total CDF fees for the residential project calculated by Doug Cole based on current CDF fee rates are $1,611,627. See Attachment B entitled "Catellus Project CDF Obligation Residential ". Some of the transportation projects in the CDF are included in the EIR mitigations. The total transportation mitigation fee owed for the Catellus residential project is $1,296,804 of which $1,260,284 is for CDF itemized projects. David Brandt has indicated that City can choose to credit the $1,260,284 against the CDF for the residential portion of the Catellus project. Essentially the project would be overpaying the transportation purposes portion (estimated at $909,000) and deferring payment the other CDF fees such as ARPD and Public Safety Fees. The net CDF fees owed by the CIC for the residential portion of the Project are $351,343. David Brandt has also indicated that the CDF fees are considered "Future Fees" under the DA Section and therefore the CIC payment would occur only if the Project derives a net profit to the CIC. Currently there is an anticipated profit; however, the profit will not b_ e_. seen until 2007. The City should enter into agreement (or alter its JIA) with CIC to _ specifically call out how this fee reimbursement will occur. Exhibit B - Page 1 of 1 a E o L 0 N C� C7 co N 22 74% 22 74% 22.74% 23.71%1 23 -86% e N 23.59°/ CD M CD M 4R Rn %� e Co ..- To r. y„ C O e- �- t; e N- N fr 7.57% 7.57% 0) r: CA rr CD N co is: o a W h o co eT CV (D 'Q N ° er N fO d' T 0 To a.. = E 0 ::E`m-- C) 0 f0A a e rte. 0 Ps 0 o CD 0 CD 0 CO 0 CO 0 CO 0 N. C 0 m 0 CD 0 CD 0 To T, 9 A d o. RI 0CCNa`1 --.n1, e o to " 23.15% o In N e N 23.15% \ N 23.15% 23.15% 23.15% 23.15% 23.15% \° N .c 9 M 7 L. - °' `1 0 r- b CO a) O C C% C ec�aa` 5139 3426 30.74% 10242. 6971 32.69% 10242 6971 32.69% 10242: 6971. 32.69% 4382 1209. 34.08% 4291 1373 34.30% o Q1 cO 0) - �; CO Co E o_ W co 01 -- 1 N CO CCD 2562 no _ 53.85% 2562 13(1 53.85 %1 0 r O 0 C+) U) . co. I N D N r' CCD . N N „O CA F-0mrF- Z �, N w O G (400.1- d a' 69 00. 1 27661 1053 CA N C to � cm N C to 0) N O to 35851 412 h m co co C+ D O) co tr Cc o (A ao r, v 25021 70 2502 70 co m a- v co v 1713 r. CCD r` CND) r'I M 31731 co 0) N C _ ••�..} -' � 2432 2432 3245 2174 Impacted Intersection MSD at Constitution/Way add Atlantic/Webster to Tinker/Webster since no baseline wTinker Ext.) add Atlantic/Webster to Tinker/Webster since no baseline wTinker Ext.) Add Atlantic/Webster to Tinker/Webster since no baseline wTinker Ext.) Atlantic/ Constitution Jackson/ 6th Harrison/ 7th O Jackson/ 5th Jackson/ 5th 4tlantic/ Webster 3th/ Central MSD /CW Si nalization Tinker Ave Ext. (Note 1) Tinker Ave Ext. Tinker Ave Ext. Tinker Ave Ext. 1 -880 Jackson unbraid on ramp 1-880 Posey Tube Direct NB on ramp 1 -580 Posey: Tube Direct NB' On Ramp 1-850 MLK SB off ramp 1.850 MLK SB If ramp 0) C E To c o) fn ITC 5 lc H a r- C„) 1- 18 1- 03 1- g H W 1- ITC.10a 1 _ 0 1- 1- Commercial Share of Growth 2.79% e N N 23.86% 23.13% e L0 0 12.30% e a, m n 40341 0 QM/ p t .o ` 3 CU .mc o IX NCD 0 u) A e 0)) ti e N n o 0)) e O e 0) 15181 N o o m 7- o .- un) 7 d O 0 N ((0 0 75 -Edda) ::E,`oo' m o r ,_ n 00 a)aC. 0 (nn CD 0 to ((00 0 uni ((00 0 to CO (0 0 to ((00 e U (.0 C) Cate!lus Residential Share of Project Trips (572/2471) 23.15% e Lc) N e tb N 23.15% e Lo N 23.15 %f 23.15% 9 e d 7 0 c-a a).. 0 ` ., u m d O g0-6 o c) 11' a e (00 C)) e r°)• C)) 33.25% e 0)) N e (OO• 25.80% 1. Tinker Ext Trip Share based on difference between Atl/Webster and Tinker/Webster since no baseline with Tinker Ext. 1 I2. EIR states project impact at Pacfic Main but Tech Appendix doesn't show so use Atlantic Main as surrogate 1 t C G M an) co N. co O V�ss++ (0 N w 0 A N a en F C7 .1- m.o L y) 3 2 V a d d co N w ^O a NCiaF- 2009 N 01 01 O 4291 3464 3686 5304 3. Broadway Jackson PSR = $49 million less already itemized mitigations in other TC's — — U TS) d d 0 c a 0 0- I- O O N 471 258 156 729 Exhibit A - Attachment AI Environmental Impact Report Traffic / Circulation Trip Share d S c t m 300_I- 682 o 3389 2946 �_ 2960 3870 d C ... 7 3 d d O d „ N t .0 p a m 300_I- 682 n co 2918 2688 2804 3141 e 0 v- d 0 v d m .- a d E c Pacific/ Main Tinker/ Webster (add Atlantic/Webster to Tinker/Webster since no baseline wTinker Ext.) Jackson/ 6th Oak & 5th Avg of Intersections Harrison/7th and Broadway /5th Broadway & 5th Jackson /7th h o c > Webster St Tubes c d O d co co m to d HES Project (Note 2) Tinker Ave Ext. 1 -880 Jackson On Ramp 1 -880 MLK SB off PSR Broadway /Jack son (Note 3) Add thru and left lane SR 260 DP TOS 19 cents /sft commercial o d rn Z u a w m W ~_ ` V i cI- Nm o e I-- VH I- u) H H 0 00 FU- I-- rn 1-- Q 1 Z 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 20th day of May, 2003, by the following vote to wit: AYES: Councilmembers DeWitt, Kerr, and Mayor Johnson - 3. NOES: Councilmember Daysog - 1. ABSENT: Councilmember Matarrese - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of May, 2003. 1 Ql ,i)Q D- Lara Weisiger, City CWJk City of Alameda