Title
Recommendation to Authorize the Continued Action to Address Declaration of Unsafe Building and Notice to Vacate, Case Number X24-0470, for the City-Owned Building Located at 2450 Saratoga Street, Alameda, California. [Requires four affirmative votes]
In accordance with California Environmental Quality Act (CEQA), this project is statutorily exempt from further environmental review pursuant to Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section15269(c) relating to actions necessary to prevent or mitigate an emergency. (Base Reuse and Economic Development C75400)
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EXECUTIVE SUMMARY
Staff recommends City Council authorize the continued action to address the hazard to the public, as identified in the Declaration of Unsafe Building and Notice to Vacate and Inspection Report issued by the City of Alameda’s (City) Chief Building Inspector on September 27, 2024 (case number X24-0470), for the City-owned building located at 2450 Saratoga Street, Alameda, California (Building 114 at Alameda Point) (Exhibit 1 Site Plan). Action was taken per the emergency powers granted to the City Manager pursuant to Alameda City Charter Section 3-15.2 and staff requests authorization for continuation of work by Silverado Construction, Inc. under the executed Construction Agreement (Exhibit 2 Silverado Agreement).
At its November 19, 2024, City Council ratified the Silverado Agreement and adopted a Resolution amending the Fiscal Year (FY) 2024-25 Alameda Point Capital Improvement Budget, Project C75400, to accommodate emergency work to resolve the hazard to the public identified in Declaration and Notice to Vacate.
In accordance with Alameda City Charter 3-15.2 and the California Uniform Public Construction Cost Accounting Act (CUPCCAA, specifically, Government Code section 22050), staff will return to each regularly scheduled City Council meeting to request authorization to continue work and provide an updated report on the ongoing efforts to address the emergency until the work has been completed to the satisfaction of the Chief Building Official. Staff will provide supplemental memos as material becomes available.
BACKGROUND
Please see File # 2024-4531 for background information:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=7015151&GUID=E6EAD87A-3666-4ACC-98C4-E2197BE9CAFF&Options=&Search=&FullText=1>
DISCUSSION
The following are updates on the measures taken to address the Chief Building Inspector’s September Notice and Investigation Inspection Report since last reported to City Council on November 19, 2024.
Compliance with Notice and Inspection Report
The Chief Building Official identified the following Required Actions the City, as owner of the building, must complete.
1. Perform a structural assessment and shoring plan to support the structure to prevent further damage and a hazardous condition to the public.
Actively in process. Initial structural assessment has been performed by licensed Structural Engineering consultant and further assessment is underway. If necessary, a shoring plan will be developed as the demolition project continues.
2. Secure the structure against unauthorized entry.
Completed. Temporarily installed motion sensitive lights and additional fencing with barrier cloth. No Trespassing signage is posted, the contractor and the City’s security patrol continue to inspect the premises to ensure the building remains secured for the duration of the project.
3. Implement a method to ensure that any contaminants created by the fire or dilapidation do not leave the site or can enter the storm drain system and or public ways.
Completed. Contractors continue to monitor and maintain the drain socks to prevent contaminants from entering the storm drain system and public ways.
4. Obtain a J Permit from the Bay Area Air Quality Management District (BAAQMD) and a demolition building permit to remove the areas compromised beyond repair. The Chief Building Official further recommends demolition as the fastest path to safety.
Actively in process. BAAQMD J Permits for abatement and demolition work have been issued to Contractors. Applications have been prepared for required building permits.
5. Submit plans for plan check to restore the building or complete demolition as deemed necessary to ensure safety.
In process.
6. All utilities shall remain off until authorized by the Chief Building Official.
Completed.
Demolition Contract
To meet the Required Actions from the Chief Building Official within the required timeframe, the City Manager took immediate action by executing the Silverado Agreement on November 6, 2024, for an amount not -o-exceed $1,648.525. The required abatement and demolition work under this contract have commenced and the contract is unchanged from what was ratified by City Council at its November 19, 2024, meeting.
ALTERNATIVES
• Authorize the continued action to address Declaration of Unsafe Building and Notice to Vacate (case number X24-0470) for the City-owned building located at 2450 Saratoga Street, Alameda, California (Building 114 at Alameda Point), per the emergency powers granted to the City Manager, pursuant to Alameda City Charter Section 3-15.2 and continuation of work under Construction Agreement with Silverado Construction, Inc. ratified by City Council at its November 19, 2024 meeting.
• Do not authorize and provide alternate direction to staff. This action will place the City out of compliance with the directive of the Chief Building Official and extend the time that the community is exposed to the safety and environmental hazards posed by the building.
FINANCIAL IMPACT
There is no additional financial impact associated with this update.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code, and Alameda City Charter Sec. 3-15.2.
This project supports the City Strategic Plan priority to Invest in Transportation, Infrastructure, Economic Opportunities & Historic Resources.
AMC section 13-21.5 provides for emergency action by the Chief Building Official, in coordination with the Secretary to the Historical Advisory Board, to abate hazardous conditions.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In accordance with CEQA, this project is statutorily exempt from further environmental review pursuant to Public Resources Code section 21080(b)(4) which applies to “[s]pecific actions necessary to prevent an emergency.” Public Resources Code section 21060.3 defines “Emergency” as “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. ‘Emergency’ includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.”
For purposes of CEQA, the emergency determination that triggers Public Resources Code section 21080(b)(4) is based on the Chief Building Official’s September 27, 2024, Notice and Inspection Report which declares Building 114 unsafe and unfit for continued human occupancy. The Notice and Inspection Report further requires the City to, within short time-frames, obtain a J permit from BAAQMD and a demolition building permit to remove the areas compromised beyond repair; and to submit plans for plan check to restore the building to a safe condition or complete the demolition as necessary to ensure safety.
Additionally, prior to demolition, the City will comply with Alameda Point EIR Mitigation Measure 4.D-1c (page 4-D-36-37) requirement to prepare an Historic American Building Survey (HABS) Level II documentation standards of the National Park Service.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Recommendation to continue ratification of a construction agreement with Silverado Construction, Inc. for the required abatement and demolition project at building 114.
Respectfully submitted,
Abigail Thorne-Lyman, Base Reuse and Economic Development Director
By,
Alesia Strauch, Base Reuse Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Site Plan
2. Silverado Agreement