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2007-12-05 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority ******** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, December 5, 2007 Meeting will begin at 7:00 p.m. Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Board or a member of the public. 2 -A. Approve the minutes of the Regular Meeting of November 7, 2007. 3, REGULAR AGENDA ITEMS 3 -A. Presentation by the VA on the VA Project Development Plans at Alameda Point. 3-B. Update on the Fo ne - Coast Guard Housing Property. 3-C. Alameda Point Project Update — Oral Report. 4. ORAL REPORTS 4 -A. Oral report from Member Matarrese, Restoration. Advisory Board (RAB) representative. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT This meeting will be cablecast live on channel I.S. Notes: Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities (including those using wheelchairs) is available. 1 Minutes of the meeting are available in enlarged print. Audio tapes of the meeting are available for review at the ARRA offices upon request. UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, November 7, 2007 The meeting convened at 7 :12 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Doug deHaan Boardmember Frank Matarrese Boardmember Marie Gilmore Vice Chair Lena Tam 2. CONSENT CALENDAR 2 -A. Approve the minutes of the Regular Meeting of October 3, 2007. 2 -B. Approve the minutes of the Special Meeting of October 16, 2007. 2 -C. Approve a Five -Year Sublease with the Alameda Naval. Air Museum (ANAM) at Alameda Point. 2 -D. Approve a Ground Lease at No Cost for Kids Chalk Art Project. 2-E. Approve General Release and Compromise Agreement with. The Reuse People of America, Inc. Member deFlaan pulled Item 2 -B. (Oct. 16 Minutes) for discussion. The balance of the Consent Calendar was motioned for approval by Member Matarrese, seconded by Member Gilmore and passed by the following voice votes: 5 ayes, 0 noes, 0 abstentions. Item 2 -B: Member deHaan pulled this item because he wanted to clarify the action that occurred at the Special Meeting of Oct. 16h1 He specifically addressed the item discussed at this meeting, Item 3 -A. Establish an Alameda Point Advisory Task Force. The discussion that he understood was that one member from each of the boards and commissions plus the Housing Commission would be selected and that the individuals would report back to their commissions and boards. At the recommendation of the Executive Director, Debra Kurita, Member Gilmore suggested we hold approval of item 2 -B until Item 3 -C (AP Advisory Task Force: Clarification of. Roles and Responsibilities) is discussed. Member deHaan said since he placed Item 3 -C on the agenda, he would pull it if Item 2 -B is clarified. Chair Johnson stated that 3 -C should not be pulled and should be discussed because more direction needs to be provided. Member Matarrese agreed with member deHaan to correct the minutes first, and agreed with Chair Johnson to keep Item 3 -C on the agenda for discussion. Deputy Executive Director, David Brandt, further clarified that in addition to the Housing Commission member, that there would be a representative from the Climate Protection Task Force as well. All. Board members agreed. Chair Johnson recommended keeping Item 3 -C on the agenda, affirmed by staff that it would be helpful for further discussion. Vice Chair Tam requested a correction of the 10/16 minutes to reflect that it was Member Matarrese who seconded the motion, and not her. Member Gilmore motioned for approval of Item 2 -B with the following corrections: to include full complement of the Boards and Commissions with one member representing his or her Board/Commission's position and reporting back to that board or commission, and this includes the Climate Protection Task Force and Housing Commission representatives; and to reflect that Member Matarrese seconded the motion, and not Vice Chair Tam. The motion was seconded by Member Matarrese and passed by the following voice votes: 5 ayes, 0 noes, 0 abstentions. There were two speakers on Item 2 -D (Kids Chalk Art Project), Mark. Wagner, who thanked the Board for waiving the fee for the use of Alameda Point for the project; and Trish Spencer, President of the Alameda PTA Council, who gave a brief explanation of the project, which spotlights art and brings art to the students and families of Alameda schools. They plan to draw the largest chalk project in the world. 3. REGULAR AGENDA ITEMS 3 -A. Proclamation for Ken Hansen, Community Co -Chair of the FISCAL RAB. Chair Johnson proclaimed Nov. 7, 2007 as Ken Hansen Day in the City of Alameda, and presented the Proclamation to Mr. Hansen. Mr. Jim. Sweeney also presented Mr. Hansen with a Letter of Appreciation from the US Navy, signed by Laura Duchnak, Director of the BRAC Program Office. Mr. Mike Quillen of ERM presented a letter of appreciation and recognition to the ARRA Board to honor Mr. Hansen for his contribution and achievements to the ARRA and the City of Alameda. 3 -B. Alameda Point Project Update — Oral Report. Debbie Potter, Base Reuse and Community Development Manager, gave a brief project update: SunCal held its first community meeting on October 24`x' There were over 200 members of the community in attendance. SunCal introduced their team and gave a presentation which focused on various constraints and work they have done so far. There were various technical consultants on hand, and following the formal remarks, there was opportunity for the community to talk on a one -on -one basis with the consultants. SunCal is preparing for a briefing with the Navy on 11/15 regarding their progress to date. The next meeting is scheduled on 12/13 at the O' Club at 6:30 p .m. At the 10/16 Special ARRA meeting, there was a request that staff prepare a stakeholder process for involving the folks that have special interest in Alameda Point. An off - agenda regarding this item was distributed end of last week. Chair Johnson asked if we are meeting the benchmarks in the process and keeping the timeline. Ms Potter replied that so far, yes, and that SunCal has two mandatory milestones on the near horizon, the first is March '08 when they have to submit a development concept, along with infrastructure plan and business plan; and the next milestone is May '08 where they are required to subunit their draft master plan application. There were two public speakers on the item, Dan Fontes, Board of Directors, Neptune Beach Amusement Museum, who spoke about the Neptune Beach project and their interest in having a pinball museum at Alameda Point. Mr. Fontes' colleague, Larry Zartarian, also spoke on behalf of the Neptune Beach Amusement Museum. 3 -C. Alameda Point Advisory Task Force: Clarification of Roles and Responsibilities. Member deHaan requested legal clarification regarding whether he has the prerogative of removing this item from the agenda, since he was the one who placed in on the agenda. Terri Highsmith, General. Counsel, explained that when a Boardmember requests that an item be placed on the agenda, and that is why it is on the agenda, protocols would support permitting the same Boardmember to pull it if there is no longer an interest. However, having said that, once it is on the agenda and the meeting is in progress, if there appears to be public interest, speaker slips turned in, etc., the Board may still vote to continue to consider the item. So it would take a of the majority of the Board to keep it on the agenda. In light of this information, Member deHaan stated he preferred the item be pulled since there was already clarification in earlier discussion regarding the minutes of the Special. Oct. 16t'' meeting. Chair Johnson requested more clarification from staff and wanted to keep it on the agenda for discussion. Vice Chair Tam agreed and preferred to have discussion on the item. Member deHaan said he would leave the item on the agenda. Chair Johnson questioned the process of removing the item from the agenda, stating that she understood once an item is on the agenda, no matter how it is placed there, that it remains on the agenda. Ms. Highsmith further explained that if the item has been resolved and there is no further public interest as determined by the rest of the Board to override that request, then the item can be pulled off. Executive Director, Debra Kurita, explained that this item was placed on the agenda because staff was also requesting some clarification to understand the direction and approach the Board was giving. Member deHaan explained that he was the driving force of this item being placed on the agenda, as he had some concerns which he addressed directly with the Planning Services Manager, Andrew Thomas, and subsequently this item was placed on the agenda. Chair Johnson asked if there were objections by other Boardmembers to continuing this discussion if staff wanted to proceed. Member deHaan asked if there were further questions from the Planning Dept. Andrew Thomas, Planning Services Manager, wanted clarification on the task force member role to represent their board or commission. Member Matarrese discussed that the memo distributed by Andrew Thomas regarding the roles and responsibilities accurately captured the intent and purpose — which was to increase the familiarity with all the boards and commissions of the plan when it's finished, so they are not seeing it for the first time. The task force is responsible for two things: 1) report back, and 2) advise SunCal on positions their boards and commissions have taken. It is a very clean and efficient way of getting to the point of having the boards and commissions versed in the plan as it is presented to them. Vice Chair Tam expressed her concerns about the members of the task force being asked to refrain from speaking at the Oct. 24th meeting until their roles and responsibilities were clarified. She explained that it is not her view that we should deprive the advisory boardmembers of their constitutional right to speak out or constrain them from sharing their views and experience. We chose these people because of their expertise and their broad experience in Alameda and outside — and that these boards and commissions have chosen them to help lead the discussion. It's appropriate for them, once they're on the advisory task force, to interact productively with SunCal to ask questions, and not simply be a human tape recorder. Member Matarrese stated that his explanation of the roles of the task force members does not preclude them from asking questions. Member deHaan added that the liaison to SunCal should be staff, and not the task force member. Andrew Thomas clarified that the advisory task force is an ad -hoc group, not a separate formal. commission. The task force meetings are the public workshop meetings — everything is publicly noticed, there are no plans to hold "task force" meetings separate from the workshops. Speaker, Bill Smith, spoke about various topics. 4. ORAL REPORTS 4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative. Member Matarrese was not able to attend the last RAB meeting and did not have a report. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) none. 6. COMMUNICATIONS FROM THE GOVERNING BODY Member deHaan requested further discussion on the Coast Guard Housing Surplus process be placed on the next Regular ARRA agenda. Member Matarrese also requested a report on all the fields at Coast Guard Housing. Deputy Executive Director, David Brandt, stated that an off - agenda is in preparation regarding this issue. 7. ADJOURNMENT Meeting was adjourned at 8 :29 p.m. by Chair Johnson. Respectfully submitted, 21:;:/ m:� ran a Glidden ARRA Secretary Regular Meeting of the ARRA Wednesday, December 5, 2007 This item is an oral &visual presentation only. Ala tzeda Reuse and Redevelopment Authority Interoffice Memorandum December 5, 2007 TO: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority FROM: Debra Kurita, Executive Director RE: Update on the Former Coast Guard Housing Property BACKGROUND At its November 7th meeting, the Alameda Reuse and Redevelopment Authority (ARRA) Board requested an update on the former Coast Guard Housing property. The ARRA Board had previously directed staff to pursue a license agreement with the Navy for use of Estuary Park and to explore the feasibility of a short - term leasing program for up to 282 former Coast Guard housing units. In addition, the Board authorized the ARRA, as the Local Reuse Authority (LRA), to conduct the screening process for potential homeless accommodation and public benefit conveyances for the surplus property at the former Coast Guard Housing parcel. This staff report provides the requested update on these activities. DISCUSS ION Estuary Park: The Navy has agreed to work with the ARRA on a license agreement for the temporary use of Estuary Park. The Navy provided an initial draft license agreement to the ARRA in late October. The Navy and the ARRA are now working on a second draft of the license agreement, and there are still several issues to resolve. The first issue is related to the Navy's request that the ARRA indemnify the Navy from future liability regarding environmental contamination. This Navy requirement is inconsistent with its past practices and the Lease in Furtherance of Conveyance for the rest of Alameda Point and will obligate the ARRA to obtain Pollution Liability Insurance for the parcel. Second, the Navy has restrictions related to digging /excavation that need to be resolved to allow the Alameda Recreation & Park Department to renovate the athletic field and sprinkler systems. These "no dig" restrictions are inconsistent with the Record of Decision adopted by the Navy pursuant to the Comprehensive Environmental. Response, Corporate and Liability Act, and could make the ARRA's performance under the license difficult if not impossible. Finally, the license needs to allow for the use of the existing water and electricity infrastructure for maintenance of the park; the current draft license agreement requires the ARRA to provide separate utility metering, but otherwise, makes no provision for use of these utilities. Staff anticipates bringing the license agreement to the ARRA for its consideration in January 2008. Honorable Chair and Members of the December 5, 2007 Alameda Reuse and Redevelopment Authority Page 2 Possible Short -Term Leasing of Coast Guard Housing The Coast Guard vacated the North Housing parcel, containing 282 residential units, in Spring 2006. Due to concerns regarding security and upkeep of so many vacant units, staff requested, and received, authorization to explore a short -term leasing program while the property was declared surplus, the Federal screening process was conducted, and the Navy disposed of the property, approximately a 24 -36 month effort. The approach to possible short -term leasing of Coast Guard Housing was based upon experience with leasing the housing at Alameda Point. The units would need to receive Certificates of Occupancy, which would require an inspection. Each unit would need to be re -keyed for security and individually metered for electricity. In addition, standard rental practices of painting, repairing appliances, and cleaning carpets would be needed. The initial inspection of a few units found them to be in good condition; however, roofs were not inspected and several plumbing problems were reported by the Coast Guard. The inspection, which was undertaken with staff, Navy, Coast Guard and PM Realty Group representatives, also revealed that many of the units would require new carpeting, new appliances, and sealant repairs around bathroom plumbing. Based on visual. inspection and Coast Guard feedback, it was determined there was need for minor roof patching and gutter clearing. Another issue of concern was the presence of lead based paint (LBP). While the Navy had disclosed there was LBP present in the units, the required remediation process was not agreed upon. Finally, it was disclosed by the Navy that over one third of the units might not be available for lease due to ongoing environmental remediation activities. Based on the prelirinary information, staff identified 182 housing units, of the available 282 units, which would lend themselves to a cohesive residential development. The available units are bordered by Mosely and Singleton within the ellipse of the housing development. Given the ARRA experience with bringing the Alameda Point housing to the market, a very aggressive leasing schedule was developed. The schedule proposed leasing 15 units in the first two months, followed by 15 units each month for a 13 -month period of time, until the units were completely leased. To finance the project, ARRA funds would be required to upgrade the first 15 units. Revenue from the initial 15 units would then fund the subsequent blocks of 15 units. Based on the length of time to lease the project, the uncertainty surrounding the potential costs of bringing the units to a leasable condition, coupled with the timeline for the surplus screening process, it is questionable whether a short -term leasing program is feasible. It is very possible that the ARRA would be required to relinquish the Coast Guard units for homeless accommodation, Public Benefit users or to a buyer at public sale, before its investment in the property would be returned. Staff is continuing to evaluate whether a workable leasing program can be negotiated. In the interim, the ARRA will be discussing with the navy the manner in which the Navy will be discharging its Caretaker and security obligations with regard to the property. Screening Process for Coast Guard Housing on November 5, 2007, the U.S. Department of the Navy declared the former Coast Guard North Honorable Chair and Members of the December 5, 2007 Alameda Reuse and Redevelopment Authority Page 3 Housing parcel surplus property. This declaration triggered ARRA's obligation to seek interest from non - profits, governmental entities, and other qualified organizations regarding the reuse of the 42 acres for homeless services or other uses qualified for public benefit conveyances. The ARRA began the screening process by publishing a public notice in the Alameda Journal and the Alameda Times Star on November 16th and 19th, respectively. The Public Notice provides an overview of the surplus property, as well as the qualifications and requirements for submitting a Notice of Interest for its reuse. The ARRA will host an informational workshop and site tour on December 6, 2007, from 10 a.m. to 12 :30 p.m. at City Hall West 950 West Mali Square, CA for public agencies and non- profit organizations interested in reusing the property for homeless services and other qualified uses. The Navy, the Department of Housing and Urban Development, and ARRA staff will present detailed information about existing conditions, reuse constraints, anticipated timelines, and the selection process. Interested entities will have until. February 29, 2008, to submit a Notice of Interest to the ARRA. Publishing the Notice of Availability of Surplus Property and soliciting interest in qualified reuse is one of the first steps in an eight -month screening process, which will include the following milestones: ■ November 2007 - US Dept of Navy published Determination of Surplus Property. ARRA published a solicitation for Notices of Interest (NOI) from homeless providers and other eligible interested parties. ARRA to commission analysis of existing local homeless needs. ■ December 2007 — ARRA will host an informational workshop and site tour. ■ December 2007 -- February 2008 - ARRA will complete homeless needs analysis. Interested parties will prepare responses to NOI. February 2008 -April 2008 -- ARRA will review NOIs from homeless providers and other eligible organizations, consult with. Navy, and negotiate with responders. ■ February 2008 - May 2008 - Conduct Reuse Plan amendment process, including public hearing. June 2008 - Submit Reuse Plan Amendment to HUD and Navy. ■ July 2008 - HUD to complete review and approval of Reuse Plan amendment. Information about the property and surplus process is available at www.alamecia- point.com/cghousing.html. The website will be updated throughout the eight -month period to provide participants and members of the public with up -to -date information and details about opportunities to participate in the process. RECOMMENDATION This report is for information only. No action is required. Honorable Chair and Members of the December 5, 2007 Alameda Reuse and Redevelopment Authority Page 4 Reupe tfully Submitted, Leslie Little Development Services Director By: Debbie Potter Base Reuse and Community Development Manager Regular Meeting of the ARRA Wednesday, December 5, 2007 This item is an oral report only.