2008-08-05 Joint CC CIC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
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TUESDAY- - AUGUST 5, 2008- -7:25 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 10:08
p.m.
ROLL CALL - Present: Councilmembers /Commissioners deHaan,
Matarrese, Tam, and Mayor /Chair Johnson -
5.
Absent: Councilmember /Commissioner Gilmore - 1.
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(08 -41 CIC) Minutes of the Special Community Improvement Commission
Meeting held on July 15, 2008. Approved.
Vice Mayor /Commissioner Tam moved approval of the minutes.
Councilmember /Commissioner deHaan seconded the motion, which
carried by unanimous voice vote - 4. [Absent: Councilmember/
Commissioner Gilmore - 1.]
AGENDA ITEM
(08 -319 CC/08 -42 CIC) Recommendation to approve Affordable Housing
Agreement with Warmington Homes for the Grand Marina Project.
The Development Services Director gave a presentation.
Councilmember /Commissioner Matarrese inquired whether the City has
an Affordable Housing Agreement with Warmington, to which the
Development Services Director responded in the negative.
Councilmember /Commissioner Matarrese inquired whether Warming has
committed to building 10 units at Grand Marina.
The Development Services Director stated the Agreement is being
considered tonight and has to be approved before Warmington can
pull building permits.
The Development Services Director continued her presentation.
Mayor /Chair Johnson stated tonight the Council /Commission is
considering an Agreement that would allow a project at Island High
as an option; inquired what public input opportunities would exist
should the Agreement move forward.
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The Development Services Director responded Warmington would
respond to community input, follow the normal process, and work
toward a project that the School Board and Planning Board would be
comfortable with; if Warmington does not build on the site, the
CIC, working with School District, would go through the same public
process; if the Alameda Unified School District (AUSD) and the CIC
do the project, there would be less opportunity to construct
moderate income units on the site because both the CIC and AUSD
money and tax credits support low and very low income, but not
moderate units; the Guyton Agreement restricts both AUSD's housing
dollars and most of the CIO's housing dollars.
Mayor /Chair Johnson inquired whether approval of a project is not
before the Council /Commission tonight, but that the Agreement,
which does not give any entitlements to any particular project, is
being considered.
The Development Services Director responded in the affirmative.
Councilmember /Commissioner deHaan stated the City had an Agreement
with Warmington for Veteran's housing; inquired how many units were
constructed.
The Development Services Director responded the 39 units at
Operation Dignity were part of the Catellus project.
Councilmember /Commissioner deHaan inquired how much money Catellus
put into the project.
The Development Services Director responded Catellus was not
obligated to money into the project; stated the project was an
obligation of the CIC under the Development Agreement.
Councilmember /Commissioner deHaan inquired where the funding came
from.
The Development Services Director responded the deal was leveraged
with Multifamily Housing Program (MHP) funds and tax credits;
stated about 200 of the equity contribution came from the CIC; the
CIC removed the units and was obligated to replace the units under
the law; the entire transaction assigned certain costs to the
public; Catellus loaned funds to the CIC.
Councilmember /Commissioner deHaan inquired how much Warmington
would invest in the project.
The Development Services Director responded the amount would depend
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on the number of units; stated an appraisal was done in the last
six months; lump sum lease payments, which total approximately $1
million, would be paid by Warmington; there would be a [funding]
gap depending on the number of units.
Councilmember /Commissioner deHaan inquired whether the houses that
would be constructed would be market rate if the [affordable]
houses are moved out of the development, to which the Development
Services Director responded in the affirmative.
Councilmember /Commissioner deHaan inquired whether the money that
the developer would make [off of additional market rate houses]
would be a wash with the money that would go into the Island High
site.
The Development Services Director responded it would depend upon
the number of units; stated the more units that are put on the
Island High site, the less cost per unit.
Councilmember /Commissioner deHaan inquired what percentage set
aside would have to be for sale and what percentage would have to
be rental units, to which the Development Services Director
responded specific percentages of for sale units and rental units
are not required.
Councilmember /Commissioner Matarrese inquired whether the decision
tonight is not how many units or how much units would cost, rather
the Council /Commission is simply deciding whether all 10 units
would be at the project site, whether the developer could consider
other sites for five units and whether nine units would be required
if five units are off site.
The Development Services Director responded in the affirmative;
stated if the units are constructed at the Island High site, there
is an outside limit of 36 units.
Councilmember /Commissioner Matarrese inquired where the number [36
units] came from.
The Development Services Director responded the number uses the
Guyton exception to get as many units as possible; stated a Measure
A compliant project would be between 16 and 18 units.
Councilmember /Commissioner Matarrese stated Warmington needs to
have an Affordable Housing Agreement for the Grand Marina project
to go forward; inquired whether the Agreement would not have to
include language about where the off site units would be placed.
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The Development Services Director responded the Planning Board
acknowledged that if Island High, which was previously identified
in the Housing Element, was the off site location, it would be an
okay location because it meets other requirements.
Councilmember /Commissioner Matarrese inquired whether the nine
units could be built at Island High without going up to the maximum
number of units, to which the Development Services Director
responded in the affirmative.
Councilmember /Commissioner Matarrese inquired whether Warmington
would simply be concerned with building nine units somewhere other
than the Grand Marina site, to which the Development Services
Director responded in the affirmative.
Councilmember /Commissioner Matarrese inquired whether the City
could authorize the Affordable Housing Agreement to either require
ten units on site or allow five units off site as long as four
additional units would be constructed.
The Development Services Director responded said explanation stops
short of allowing future credit for additional units; stated if
additional units are not going to be constructed, the [Island High]
site should be retained by the CIC and AUSD for construction of 16
to 18 units.
Councilmember Matarrese stated that he is trying to separate out
what happens with the off site units; the developer needs to know
whether five or ten units would be on site [Grand Marina] in order
to get the project started; the City is requiring nine units if
five units are moved off site; questioned why the Agreement could
not stop there to get the project going; then, the Island High site
or any other site would go through the routine, normal planning
process; 36 units is an absurd number for the [Island High] site;
the site could carry multiple family units; teachers and School
District employees would have first shot at the units; a project
should not be predicated on putting as many units as possible on
the site, which is not the City's approach; the City's approach has
always been to develop a quality product, such as Shinsei Gardens
and the Breakers; that he would like to cut the Agreement down to
what is needed to get the Grand Marina project started; then, the
process could work for the Island High site or any site where the
units might end up.
Mayor /Chair Johnson stated that the normal process would be
followed whatever site is selected.
The Development Services Director stated the Agreement would have
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to be amended to give Warmington credit if additional units are
constructed.
Councilmember /Commissioner Matarrese stated the credit question is
within the envelope; the Agreement should address the number of
units; where the [off site] units would end up is another matter.
Mayor /Chair Johnson stated Councilmember Matarrese is not saying
the Agreement should stop at nine units, rather the matter should
be left up to the future process; the Developer could raise the
issue once a site is selected; the [off site] location is not
needed to move the Grand Marina project forward.
The Development Services Director stated the Agreement would have
to be amended if the Developer came back to get credit for a
project over nine units.
Mayor /Chair Johnson stated the Agreement would not have to be
amended; there could be a separate Agreement to give credit towards
a different project.
Councilmember /Commissioner deHaan stated the City is going though
the Coast Guard housing process which will be no less than 284
houses that could easily be in the affordable range; inquired
whether said houses could be included.
The Development Services Director responded that she has no idea
what said number would be; stated providing accommodations to
formerly homeless people is a federal government requirement; it is
a whole different product type and is a federal disposition
process.
The Acting City Manager responded the site is a homeless site, not
an affordable housing site under the McKinney Act.
Councilmember /Commissioner deHaan inquired whether none of the
units could be used [for affordable housing], to which the Acting
City Manager responded not for inclusionary needs, but there are
other sites that potentially could be used.
Councilmember /Commissioner deHaan stated other developers would ask
to move units off site if the Agreement is approved; the additional
units would land somewhere.
The Acting City Manager stated there are other relatively small
sites in the Housing Element that could be landing sites.
Mayor /Chair Johnson opened the public comment period.
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Proponents (In favor of staff recommendation): William Schaff, AUSD
School Board President; Mark Rowson, Warmington Homes; Doug Davis,
AEB Partners; Michael John Torrey, Alameda; Andy McKinley.
Opponents (Not in favor of staff recommendation): Markus Roskothen,
Alameda; Mary Burson, Alameda (submitted comments) ; Patricia Paul,
Alameda; Janice Miles, Alameda; Brian Kernan, Alameda; Sandra
Schuitema, Alameda; Mary Hogan, Alameda; Melanie Wartenberg,
Alameda (submitted petition) ; Kate Smith, Alameda; Malyea Chop,
Alameda; Erik Miller, Alameda; Andy Olveir, Alameda; Adam
Garfinkle, Alameda; Anne Baer, Alameda; Nancy Clarke, Alameda;
Sarah Tbin, Alameda; Kurt Libby, Alameda (submitted comments) ;
Joseph Yon, Alameda (submitted comments); Karen McCloud, Alameda;
Taiko Roskothen, Alameda; Billie Banford, Alameda; David Howard,
Alameda; Scott Meyerson, Alameda; Amy Parker, Alameda; Nancy Manos,
Alameda; Tom Antholzner, Alameda; Donna Layburn, Alameda; Doree
Miles, Alameda (submitted letter) ; Patricia Geraghty, Alameda;
Gerry Torres, Alameda; Gerald Yamasaki, Alameda; Nanetee Burdick,
Alameda; Christopher Buckley, Alameda (submitted letter); Anna Lee,
Alameda; Trish Spencer, Alameda.
(08 -320 CC/08 -43 CIC) Following Gerry Torres's comments,
Councilmember /Commission Matarrese moved approval of continuing the
meeting past midnight.
Councilmember /Commissioner deHaan seconded the motion, which
carried by unanimous voice vote - 4. [Absent: Councilmember /
Commissioner Gilmore - 1.]
There being no further speakers, Mayor /Chair Johnson closed the
public comment period.
Councilmember /Commissioner deHaan stated the City set a 600
homeownership goal; the recommendation tonight is out of character;
the Planning Board and Economic Development Commission (EDC) have
always wanted to have a balanced community; that he would support
keeping the inclusionary housing within the development.
Councilmember /Commissioner Matarrese stated there are two goals: 1)
provide affordable housing homeownership opportunities, which would
be accomplished by including ten units at the Grand Marina
development; 2) allowing the Island High site to be developed into
affordable housing for teachers and AUSD employees, which is a
worthwhile project that needs to be included in the North of
Lincoln Street plan; there needs to be a discussion about the most
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effective way to provide affordable housing, which might include
condominium conversions; that he would like the Island High project
to be separate and follow its own process; that he would like to
move the Warmington project forward.
Councilmember /Commissioner Matarrese moved approval of adopting an
Affordable Housing Agreement which includes the ten units on site
as inclusionary as was defined in the site plan.
Vice Mayor /Commissioner Tam inquired whether the motion is that all
affordable and moderate units remain on the [Grand Marina] site, to
which Councilmember /Commissioner Matarrese responded in the
affirmative.
Vice Mayor /Commissioner Tam seconded the motion.
Under discussion, Vice Mayor /Commissioner Tam stated one
neighborhood's requirements should not be shifted to another
neighborhood; other developers would begin to make the same request
if the City started allowing affordable unit to be built off site;
State MHP funds are available for rental units; inquired whether
the Warmington project could subsidize five rental units on the
Grand Marina site without using MHP funds.
The Development Services Director responded that she could not
unequivocally state that the funds could not be used; stated the
parameters to qualify for MHP funds are that there be an on -site
manager and that the project meets certain conditions;
competitively, the projects have to rank against other projects
across the State; nobody has seen success with small projects;
other requirements with MHP funds and tax credits are amenities,
such as community centers and computers.
Vice Mayor /Commissioner Tam inquired whether the Developer could
turn units into rentals to meet the low- income requirement even
without access to MHP funds.
The Development Services Director stated the inclusionary ordinance
allows it [construction of rental units]; that she does not know
whether or not the developer would manage five units.
Councilmember /Commissioner Matarrese stated the City still
maintains the goal of increasing homeownership; the School District
surplused Island High to create very affordable rental units as a
tool for recruiting teachers and employees; there is opportunity to
do a lot of great things, such as meeting green standards and
creating a transit village; dropping the highest number of units on
the community, rather than talking about what should be there, is
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not in the context of what the School District and City have talked
about for years.
Mayor /Chair Johnson stated that she agrees that the Council needs
to visit the issue of the best way to provide affordable housing
separately; the Economic Development Commission should review the
issue and make recommendations to Council.
On the call for the question, the motion carried by unanimous voice
vote - 4. [Absent: Councilmember /Commissioner Gilmore - 1.1
ADJOURNMENT
There being no further business, Mayor /Chair Johnson adjourned the
Special Joint Meeting at 12:20 a.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
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