Title
Recommendation to Authorize the Interim City Manager to Execute Two Water Line Easements to the East Bay Municipal Utility District Across City Tidelands Property at Alameda Marina and Any and All Ancillary Documents, and Direct the Recording of the Grant of Easements for the Development Projects Related to Tract 8500. (Public Works 31041520)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
East Bay Municipal Utility District (EBMUD) seeks two grant of easements from the City of Alameda (City) for the installation of new water pipelines at Alameda Marina. The easements are over land held by the City in public trust, commonly referred to as tidelands. The new water line will serve the developments in the Alameda Marina Master Plan area and currently moving forward under Tract 8500 and Tract 8610. Staff requests City Council authorize the Interim City Manager to execute any and all ancillary documents and direct the recording of the grant of easements.
BACKGROUND
Public trust tidelands were conveyed by the State of California to the City pursuant to Chapter 348 of the California Statutes of 1913. On May 16, 2012, the City entered into the Tidelands and Marina Lease Agreement at Alameda Marina Tidelands Property with Pacific Shops, Inc. (Tenant). The lease agreement was subsequently assigned to Alameda Marina, LLC. The lease agreement includes a requirement for the Tenant to redevelop the Alameda Marina site. The lease agreement contains two parcels of City upland and submerged lands, Lease Area A (APN 71-288-3) and Lease Area B (APN 71-291-11) (Exhibit 1). These two parcels are leased to Alameda Marina, LLC and are jointly referred to as the “Property”.
Alameda Marina, LLC is the Master Developer for the Alameda Marina redevelopment project and owns the properties south of Lease Area A. Arroyo CAP II-5, LLC is the owner and LS-Alameda Marina, LLC is the developer of APN 71-219-10, which is the property south of Lease Area B. These private properties are owned by each respective property owners in fee title and are referred in the lease agreement as the “Fee Property”.
On July 16, 2019, the City Council approved Tentative Map for Tract 8500, Resolution 15570 outlining the plans for the redevelopment of the Property and Fee Property areas. Final Map for Tract 8500 was approved by City Council on November 17, 2020, pursuant to Resolution 15722.
DISCUSSION
As part of the development projects for Tract 8500 and Tract 8610, each developer has coordinated with EBMUD for the construction of new waterline infrastructure across the Property and Fee Property.
EBMUD’s new water main infrastructure will traverse through the tidelands parcels at Lease Area A and Lease Area B. EBMUD is requiring the City to dedicate water line easements where the new water main will be located on City tidelands. The first easement located within APN 71-288-3 is 3,251 square feet, and the second easement located within APN 71-291-11 is 2,836 square feet. The Grant of Easements are attached as Exhibits 2 and 3.
ALTERNATIVES
• Authorize the Interim City Manager to grant the easements to EBMUD.
• Do not authorize the Interim City Manager to grant the easements. The impacts of this alternative will mean that the developers will not be able to complete the proposed waterline infrastructure needed for their projects
FINANCIAL IMPACT
Each developer will pay $5,000 to the City as the easement fee related to their respective project. The easement fees will be deposited to an easement revenue account in the Tidelands Fund (216). EBMUD and the respective developers are responsible for the installation costs of the new water main infrastructure.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the Interim City Manager, or designee, to execute two water line easements to the East Bay Municipal Utility District across City tidelands property at Alameda Marina, any and all ancillary documents, and direct the recording of the grant of easements for the development projects related to Tract 8500.
Respectfully submitted,
Erin Smith, Public Works Director
By,
Robert Vance, City Engineer
Sarah Lee, Supervising Civil Engineer
Financial Impact section reviewed,
Margaret L. O'Brien, Finance Director
cc: Gerry Beaudin, Interim City Manager
Exhibits:
1. Depiction of Property and Fee Property from the Tidelands and Marina Lease
Agreement at Alameda Marina Tidelands Property.
2. Grant of Easement for Tidelands Lease Area A, APN 71-288-3
3. Grant of Easement for Tidelands Lease Area B, APN 71-291-11