Case 8:10-cv-01171-CJC -RNB Document 7 Filed 08/26/10 Page 1 of 9 Page ID #:122

1 LOUIS R. MILLER, State Bar No. 54141

smiller@millerbarondess.com
2 DANIEL S. MILLER, State Bar No. 218214
dmiller@millerbarondess.com
3 BRIANPROCEL, State Bar No. 218657
bproce1(2millerbarondess.com
4 MILLE1 BARONDESS, LLP
1999 Avenue of the Stars, Suite 1000
5 Los Angeles, California 90067
Telephone: (310) 552-4400
6 Facsimile: (310) 552-8400
7 Attorneys for Plaintiff
SCC ALAMEDA POINT, LLC
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11 SOUTHERN DIVISION
12 SCC ALAMEDA POINT, LLC, a limited CASE NO. SACV1O-01171 CJC
liability company, (RNBx)

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Plaintiff,
NOTICE OF FIRST AMENDED
v. COMPLAINT
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CITY OF ALAMEDA, a municipa1 [FED. R. CIV. PROC. 15(a)]
16 corporation; ALAMEDA REUSE AND
REDEVELOPMENT AUTHORITY,
17 Joint Powers Authority; COMMUNITY
IMPROVEMENT COMMISSION OF
18 THE CITY OF ALAMEDA, a public
body corporate and politic; and DOES 1
19 through 10, inclusive,
20 Defendants.
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NOTICE OF FIRST AMENDED COMPLAINT [FED. R. CIV. PROC. 15(a)]

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1 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:

2 PLEASE TAKE NOTICE that pursuant to Rule 1 5(a)(1) of the Federal
3 Rules of Civil Procedure and Local Rule 15-4, Plaintiff SCC Alameda Point, LLC is
4 filing a First Amended Complaint (“FAC”). The FAC adds Section G, and
5 Paragraphs 74 to 80 to the Facts section, based on facts that occurred three weeks after
6 the filing of the complaint. The FAC also includes a new Exhibit D in connection
7 therewith, which is attached hereto.
8 The new Section and Paragraphs are as follows:
9 G. The City Endorses the SunCal Transportation Plan That It
10 Previously Rejected
11 74. The July 20, 2010 Staff Report rejecting SunCal gives as a reason that,
12 SunCal has been working with Alameda for three years and has made limited progress
13 on crucial aspects of the planning and entitlement of the Alameda Point Project
14 concerning transportation. However, the City had, and still has, in its possession a 57-
15 page document entitled “Alameda Point Transportation Strategy 2009.” In creating
16 this Transportation Strategy, SunCal worked closely with Fehr & Peers, the
17 consultant used by the City on other projects and specifically chosen by the City for
18 Alameda Point.
19 75. After SunCal provided Fehr & Peers with the “Land Map” and other
20 information on Alameda Point, Fehr & Peers over the course of several months
21 developed the Alameda Point Transportation Strategy. SunCal and Fehr & Peers
22 collaborated closely and worked long and hard on the Transportation Strategy, which
23 provides a detailed analysis and proposal for ferry and bus services, a residential
24 “EcoPass” system and a car-sharing plan, among other things.
25 76. On August 10, 2010, just a few weeks after the July 20, 2010 decision to
26 expel SunCal, the City participated in The Association of Defense Committee’s
27 annual conference to address transportation issues in the Bay Area. City officials gave
28 a presentation on behalf of the City relating to transportation on Alameda Point.
1
NOTICE OF FIRST AMENDED COMPLAiNT [FED. R. CIV. PROC. 15(a)]
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1 77. Incredibly, they relied on and presented the unique concepts found in the
2 SunCal!Fehr Transportation Strategy; they even utilized the most critical documents
3 therein developed by SunCal; and they appropriated for themselves months, and
4 thousands of dollars, of work by SunCal (copies thereof are attached as Exh. D).
5 78. The City touted and took credit for the same strategy on which it
6 criticized SunCal; and the City embraced the strategy on which it earlier relied to
7 expel SunCal from the Alameda Point project.
8 79. At the conference, a top City official described the transportation plan
9 exactly as SunCal proposed:
10 As we redevelop the base, let’s do what we can to create a mixed-use,
transit-oriented development. From day one, the issue has been: how do
we deal with the transportation issues, were at the forefront of the
Z
12 community of Alameda’s mind. Promoting sustainable development,
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development that will not have a huge environmental impact and is
sustainable, cost-effective and is green, has always been a major principle
14 underlying everything we do at Alameda Point. As I keep saying, at
15 every single community meeting, the first question that comes up on
every single plan: what are you going to do about the transportation
problem?
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We don’t need to build the entire transit services from day one, you can
18 phase them in. So, we have a system of phases which we envision, where
19 you build the first phase, begin integrating your transit services, shuttle
services, the things you can afford to do with a limited amount of
20 development. Then, as you build the second phase and add to Alameda
21 Point, you also improve your transit services and transportation
programming and make them more and more robust. And then the third
22 phase, you have the full transportation program.
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So not only are you increasing the transit services and facilities on the
24 base, but each phase, car share programs, bike share programs, shuttle
25 services to the various BART stations, offsite improvements,
improvements to the transportation system city-wide are also improving
26 with each phase. So that by the time you get to the year 2025 when you
27 have full build-out, you have the full impact of all these new homes and
employees, you also have all the benefits of your transportation strategy.
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NOTICE OF FIRST AMENDED COMPLAINT [FED. R. civ. PROC. 15(a)]
 Case 8:10-cv-01171-CJC -RNB Document 7 Filed 08/26/10 Page 4 of 9 Page ID #:125

1 80. This action by the City is the height of hypocrisy and dishonesty, and it
2 further demonstrates the City’s bad faith herein.
3

4
5 DATED: August 26, 2010 MILLER BARONDESS, LLP

By:____________
Lo is R. Miller
Attorneys for Plaintiff
SCC ALAMEDA POINT, LLC
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NOTICE OF FIRST AMENDED COMPLAINT [FED. R. CIV. PROC. 15(a)]
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Case 8:10-cv-01171-CJC -RNB Document 7 Filed 08/26/10 Page 8 of 9 Page ID #:129

PROOF OF SERVICE
1
STATE OF CALIFORNIA, )
2 ) SS.
COUNTY OF LOS ANGELES )
3
I am a citizen of the United States and employed in the County of Los Angeles,
4 State of California. I am over the age of eighteen (18) years and not a party to the within
action. I am employed by MILLER BARONDESS, LLP and my business address is
5 1999 Avenue of the Stars, Suite 1000, Los Angeles, California 90067.
6 On August 26, 2010, I served 1J the original F1 a true copy of the within
document(s) described as NOTICE OF FIRST AMENDED COMPLAINT on all
7
interested parties in this action:
8
EJ PERSONAL DELIVERY: I caused such envelope to be delivered by hand to
9 the offices of the above named addressee(s).
10 BY MAIL: I am readily familiar with the business practice for collection and
processing of correspondence for mailing with the United States Postal Service.
11 This correspondence shall be deposited with the United States Postal Service this
same day in the ordinary course of business at our Firm’s office address in Los
12 Angeles, California. Service made pursuant to this paragraph, upon motion of a
party served, shall be presumed invalid if the postal cancellation date of postage
13 meter date on the envelope is more than one day after the date of deposit for
14 mailing contained in this affidavit.
BY OVERNIGHT DELIVERY SERVICE: I served the foregoing document
15
by Federal Express, an express service carrier which provides overnight delivery,
as follows. I placed true copies of the foregoing document in sealed envelopes or
16 packages designated by the cxpress servicc carricr, addressed to e.ch interested
party as set forth above, with fees for overnight delivery paid or provided for.
17

18 BY FACSIMILE: I caused such envelope to be delivered via facsimile to the

offices of the addressee(s) at the facsimile numbers listed below. I certify that said
19 transmission was completed and that all pages were received and that a report was
generated by the facsimile machine which confirms said transmission and receipt.
20
U BY ELECTRONIC MAIL: by transmitting via electronic mail a true copy of the
21 above listed document(s) to the email addresses set forth below on this date before 5:00
p.m.:
22 U (State) I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.
23
I1 (Federal) I declare that I am employed in the office of a member of the State Bar
24 of this Court at whose direction the service was made.
Executed on August 26, 2010, at Los Angeles, California.
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/4>
26 . .
Adriana Preciado ‘

Type or Print Name Signature

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1 SERVICE LIST

2
Geoffrey L. Robinson, Esq. Attorneysfor Defendants, City of
3 Alan H. Murphy, Esq. Alameda, Alameda Reuse and
BINGHAM MCCUTCHEN LLP Redevelopment Authority, and
4 3 Embarcadero Center Community Improvement Commission of
San Francisco, CA 94111-4067 the City ofAlameda
5 Telephone; (415) 393-2000
Facsimile: (415) 393-2286
6
David B. Newdorf, Esq. Attorneysfor Defendants, City of
7 Vicki F. Van Fleet, Esq. Alameda, Alameda Reuse and
Newdorf Legal Redevelopment Authority, and
8 220 Montgomery Street, Suite 1850 Community Improvement Commission of
San Francisco, CA 94 104-4238 the City ofAlameda
9 Telephone: (415) 357-1234
Facsimile: (866) 954-8448
10
0 Teresa L. Highsmith City Attorney, City ofAlameda
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11 City Attorney
a City of Alameda
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12 2263 Santa Clara Avenue, Room E280
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Alameda, CA 9450 1-4477
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