Title
Recommendation to Accept Offers of Dedication for the Clement Avenue Extension; and
Introduction of Ordinance Approving the Transfer by Quitclaim Deed of Approximately 0.11 Acres of City Owned Property at the Del Monte Development Site to Alta Buena Vista Owner, LLC, in Exchange for the Clement Avenue Right-Of-Way Between Entrance Road and Sherman Street to the City per the Development Agreement for the Del Monte Warehouse Project.
In 2008, the City Council certified an Environmental Impact Report for the Northern Waterfront General Plan Amendment. Additionally, in 2014, the City Council adopted a subsequent Mitigated Negative Declaration and Mitigation Monitoring Program for the Del Monte Master Plan and Development Agreement. None of the circumstances requiring further California Environmental Quality Act review are present. (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Per the Development Agreement for the Del Monte Warehouse Project, entered into on January 15, 2015, Alta Buena Vista Owner, LLC (Developer) has requested the implementation of Section 7(c) that allows the transfer of a City-owned parcel by quitclaim deed to the Developer upon the City of Alameda’s (City) acceptance of fee title for the dedication of the Clement Extension property as public right-of-way. The public improvements within the Clement Extension property are complete.
Accordingly, staff recommends authorizing the City Manager, or designee, to accept the offers of dedication for the Clement Extension properties and, approve the transfer of the “City Parcel” to the Developer via quitclaim deed within 15 days of the acceptance
BACKGROUND
On December 2, 2014, City Council approved the Del Monte Warehouse Master Plan and Development Agreement (DA) for the 11.06-acre property located at 1501 Buena Vista Avenue. The DA stipulates that the transfer of the subject 0.11-acre piece of City-owned land to the Developer occurs upon the City’s acceptance of the offer of dedication for the Clement Avenue Extension. The 0.11-acre parcel is a portion of the driveway serving the Del Monte project and the Littlejohn Commons Senior Housing development.
On October 18, 2016, City Council adopted Resolution No. 15205 approving the Final Map, authorizing the execution of a Subdivision Improvement Agreement (SIA), and accepting the offers of dedications and easements, subject to improvement, for Tract 8254 Del Monte Warehouse.
On April 1, 2019, TL Partners I, LP granted an irrevocable offer of dedication to the City for a portion of Clement Avenue, Atlantic Ave, and Sherman Street for public right-of-way uses. This offer of dedication remains open until accepted by City Council.
On April 1, 2019, North Waterfront Cove LLC granted an irrevocable offer of dedication to the City for a portion of Clement Avenue for public right-of-way uses. This offer of dedication remains open until accepted by City Council.
On November 15, 2022, City Council partially accepted the improvements associated with the SIA for Tract 8254 for the extension of Clement Avenue except for the traffic signal improvements.
On July 12, 2023, the Developer provided correspondence to the City formally requesting the implementation of Section 7(c) of the DA. See Exhibit 1.
The Developer has completed all of the required improvements associated with the SIA for Tract 8254 for the Clement Avenue extension. According to the DA, the City’s acceptance of the dedications triggers the requirement to transfer the 0.11-acre City Parcel to the Developer by ordinance and quitclaim deed.
DISCUSSION
The DA allows for a property exchange between the City and the Developer:
Section 6(b) states that the Developer shall transfer the fee title of the “Clement Extension” right of way to the City of Alameda at no cost. The “Clement Extension” property includes travel lanes, bike lanes, landscaping strips, and sidewalks on Clement Avenue between Entrance Road and Sherman Street.
Section 7(c) states that the City Council shall, by ordinance at a public hearing, consider the transfer of the “City Parcel” to the Developer and complete the transfer via quitclaim deed within fifteen (15) days of the date the City accepts the transfer of the “Clement Extension” property.
The “City Parcel” is approximately 0.11 acres of land located on Buena Vista Avenue at the driveway entrance to the Del Monte Warehouse project and it is a remnant City-owned parcel from the reorganization of lot lines from the Del Monte and Littlejohn Commons developments.
The Developer, TL Partners I, LP, and North Waterfront Cove LLC each provided an offer of dedication related to the Del Monte Warehouse project. The three offers of dedication together form the “Clement Extension” per the DA. The Developer has completed the public improvements, which include travel lanes, bike paths, sidewalks, stormwater treatment measures, traffic signal improvements, and street lighting. As of November 2022, the section of Clement Avenue that includes the “Clement Extension” property has been open to traffic.
Should City Council accept the offers of dedication and adopt the Ordinance facilitating the transfer of the 0.11-acre parcel, this action completes the obligations for both the City and Developer for land transfers under the DA.
ALTERNATIVES
• Accept Offers of Dedication for the Clement Avenue Extension.
• Remand the issue back to staff for further consideration and evaluation of the property exchange. Any changes to the terms of the land transfer will likely require negotiation with the Developer and an amendment to the DA.
FINANCIAL IMPACT
The transfer of property shall be at no cost to the City per the DA.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), in 2008 the City Council certified an Environmental Impact Report (EIR) for the Northern Waterfront General Plan Amendment. Additionally, in 2014 the City Council adopted a subsequent Mitigated Negative Declaration (MND) and Mitigation Monitoring Program for the Del Monte Master Plan and Development Agreement. The proposed action, as part of the Del Monte Warehouse project, was addressed by the analysis set forth in the 2008 EIR and 2014 MND, and pursuant to CEQA Guidelines sections 15162 and 15163 none of the circumstances requiring further CEQA review are present.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Accept the offers of dedication for the Clement Extension and approve the Ordinance to transfer by quitclaim deed of approximately 0.11 acres of City property at the Del Monte development site to Alta Buena Vista Owner, LLC, in exchange for the Clement Avenue Right-of-Way between Entrance Road and Sherman Street to the City per the DA for the Del Monte Warehouse Project.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Robert Vance, Deputy Public Works Director & City Engineer
Brendin Christolear, Senior Engineer
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Request for Parcel Transfer by Alta Buena Vista Owner LLC