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File #: 2023-3315   
Type: Consent Calendar Item
Body: City Council
On agenda: 9/5/2023
Title: Recommendation to Authorize the City Manager to Accept the Improvements Completed by Alta Buena Vista Owner, LLC, for Tract 8254. 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)

Title

Recommendation to Authorize the City Manager to Accept the Improvements Completed by Alta Buena Vista Owner, LLC, for Tract 8254.

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

 

Tract 8254 subdivided 11.06 acres of land located at 1501 Buena Vista Ave to implement the 2014 Del Monte Warehouse Master Plan creating nine (9) parcels and providing an extension of Clement Avenue from Entrance Road to Sherman Street/Atlantic Avenue. Alta Buena Vista Owner, LLC, has completed the public improvements within the Clement Avenue extension and along Sherman Street, Buena Vista Avenue, and Entrance Road as detailed in the table below and staff is recommending that the City Council accept the improvements as completed.

 

BACKGROUND

 

On December 2, 2014, City Council approved the Del Monte Warehouse Master Plan and Development Agreement for the 11.06-acre property located at 1501 Buena Vista Avenue.

 

On July 21, 2015, City Council approved Tentative Map Tract 8254 per City of Alameda (City) Resolution No. 15067.

 

On October 18, 2016, City Council adopted Resolution No. 15205 approving the final map and bonds, authorizing the execution of a Subdivision Improvement Agreement (SIA), and accepting the offers of dedications and easements, subject to improvements, for Tract 8254, Del Monte Warehouse.

 

On November 15, 2022, City Council partially accepted the improvements associated with the extension of Clement Avenue, except the traffic signal improvements, and the Performance Bond and Labor and Materials Bond were reduced accordingly from $5,937,000 to $2,004,000 and Alta Buena Vista Owner, LLC, provided a warranty bond in the amount of $363,300.

 

DISCUSSION

 

The public improvements for Tract 8254 at 1501 Buena Vista Ave, Del Monte Warehouse are comprised of two sets of improvement plans.

 

Staff recommends the acceptance of the following completed public improvements:

 

Permit

Description

PWD19-0016

Plans for the Public Improvement of Buena Vista Avenue & Entrance Road

PWD19-0017

Plans for the Public Improvement of Clement Avenue Extension

 

Alta Buena Vista Owner, LLC provided a surety for the public improvements for Tract 8254 with a Performance Bond and Labor and Materials Bond each in the amount of $5,937,000, which was reduced to $2,004,000 following City Council’s partial acceptance of improvements in November 2022. Following the acceptance of the completed improvements listed above, the Performance Bond and Labor and Materials Bond will be released and Alta Buena Vista Owner, LLC, will provide a warranty bond in the amount of 10% of the work completed per the SIA.

 

Per the Development Agreement, the first reading of an Ordinance will be before City Council on September 5, 2023, to consider accepting the Developer’s offer of dedication for the Clement Extension property (Clement Extension) in exchange for approximately 0.11 acres of City-owned land located on Buena Vista Avenue (City Parcel) at the entrance to the project. It is acknowledged in the Development Agreement that the value of the “Clement Extension” property is equal to or greater than the value of the “City Parcel.”

 

ALTERNATIVES

 

                     Accept the improvements completed by Alta Buena Vista Owner, LLC for Tract 8254 at 1501 Buena Vista Ave as recommended.

                     Remand the project back to staff for further consideration and evaluation of the completed improvements.

 

FINANCIAL IMPACT

 

All listed tract improvements were constructed by Alta Buena Vista Owners, LLC.  Parcels within the tract are or will be, assessed ad valorem property taxes and other City-wide property-related fees.

 

The Development Agreement required the Developer to establish a funding mechanism reasonably acceptable to the City’s Public Works Director for the maintenance of the Clement Avenue extension. The Developer has satisfied this requirement by providing to the City a single lump sum payment in the amount of $150,000. The funds were deposited into the City’s revenue accounts for the Pavement Management (C11000) and Traffic Signals & Systems (C13000) capital improvement projects, in the amount of $75,000 for each project.

 

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

 

Authorize the City Manager to accept the improvements completed by Alta Buena Vista Owner, LLC, for Tract 8254, plans for the Public Improvement of Clement Avenue Extension (PWD19-0017) and Buena Vista Avenue & Entrance Road (PWD19-0016).

 

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