pages: CityCouncil/2019-05-07.pdf, 19
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CityCouncil | 2019-05-07 | 19 | The Interim City Attorney responded once the application comes in, there will be a determination of whether the project described will have a significant environmental impact; depending on the answer, there could be an exemption or a determination whether a mitigated negative declaration would be sufficient or a full Environmental Impact Report (EIR) would be required; stated the answer will derive how long the process takes; a mitigated negative declaration could take three to six months from preparation to approval; an EIR can take anywhere from six-months to two-years. Councilmember Oddie inquired whether other agencies' review is concurrent or will the CEQA process have to be completed first. The Interim City Attorney responded that he is not sure the timing; stated the regulatory agencies will want to rely on the City environmental document. Councilmember Oddie inquired whether the City would be the defendant covering legal costs if someone opposes the CEQA approval and files a lawsuit. The Interim City Attorney responded in the affirmative; stated typically when an application comes through, part of the application process is for the City to look to the applicant to provide legal defense should challenges to the project arise. Councilmember Oddie stated the process seems squishy. The City Manager stated many cities financially obligate the applicant. Councilmember Oddie inquired whether the language is included in the lease agreement or the CEQA application, to which the Interim City Attorney responded that he does not know if the language is currently in the lease language; stated the language is embedded in the conditions of approval. Councilmember Daysog stated that he heard the word "developer;' inquired whether the project proponent is going to continue with the project itself or if the project is going to be sold to another entity once entitlements are obtained. The Assistant Community Development Director responded the applicant will perform the project; stated the only option is to assign the interest in the building; however, the building cannot be sold because it is City-owned; the proponent is committed to the project; the City would have to approve any assigned similar use. Councilmember Daysog inquired whether the applicant will perform the project with the current corporate structure before Council or will a separate corporate structure be created. The Assistant Community Development Director responded the applicant will use the current corporate structure, but will bid the project out with project management similar to all tenant improvements. Regular Meeting Alameda City Council May 7, 2019 18 | CityCouncil/2019-05-07.pdf |