2007-12-05 Regular ARRA MinutesAPPROVED
MINUTES OF THE REGULAR MEETING OF THE
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 November 7, 2007.
Member Gilmore clarified that the following correction should be made in the minutes
regarding Item 3 -C. Alameda Point Advisory Task Force: that the Board and Commission
representatives would not only convey their Board or Commission's position to SunCal at
the public meetings, but also, they could speak for themselves if they made it clear that they
were speaking for themselves and not on behalf of their Board or Commission. Member
Matarrese motioned for approval of the Consent Calendar with the clarification made by
Member Gilmore, seconded by member Tam and passed by the following voice votes: 5
ayes, 0 noes, 0 abstentions.
3. REGULAR AGENDA ITEMS
3 -A. Presentation by the Veterans Affairs on the VA Project Development Plans at
Alameda Point.
Debbie Potter, Base Reuse and Community Development Manager, introduced Claude
Hutchison, Director of Asset Enterprise Management, and Larry Jaynes, Capital Asset Manager,
of the VA who made a powerpoint presentation.
Mr. Hutchison gave a summary profile of the Dept. of Veterans Affairs. The VA is the second
largest agency within the Federal system, second only to the Department of Defense (DOD).
They are essentially the alumni association for the DOD and serve the needs and requirements of
24 million living Americans who served our country. They have an annual budget projected to
be $84 billion. There are three major areas of responsibilities and activities: 1) Veterans Health
Administration — to serve the medical needs and requirements of those enrolled in the VA
system. Currently 8 million enrollees, with 155 acute care hospitals around the country and 900
outpatient clinics, 2) Veterans Benefit Administration — financial services ranging from real
estate loans to insurance and educational requirements, and 3) National Cemetery Administration
— nuns 125 national shrines as final internment for Veterans.
Their hope is to place a combination of all three at Alameda Point — a significant, multi- purpose
outpatient clinic, offices for the Veterans Benefit Administration, and an above - ground
columbarium.
The entire land mass that the VA hopes to have transferred to them by the Navy is approximately
597 acres. They envision developing about 113 acres concentrated in the north east area of the
property. Mr. Hutchison further explained that the VA is still in negotiations with the USF &W
because of the Lease Tern and California Brown Pelican whose habitat is within the area they
hope to control.
Mr. Jaynes concluded the presentation with an overview of the property area, stating that
Alameda Point is strategically located to serve the Veterans of the greater Bay Area, and in
addition, it is ideally and centrally located to serve the Veterans of northern Alameda County.
He indicated on the map which area was the federal -to- federal parcel at the far west end of
Alameda Point. It primarily consists of what was the airfield and landfill for NAS. The parcel
does not include the Northwest Territories, which is still going to the City of Alameda. It also
does not include any submerged lands. The 579 -acre parcel nuns from the west side of hangar
row all the way down to the bay, and follows the perimeter shoreline all the way around the tip.
When it gets to the Northwest Territories, it comes back down to hangar row.
Mr. Jaynes presented the VA's site development plan which they have been working on for 18
months. They plan to only develop 113 acres, and the remaining 466 acres will be left
undeveloped. The VA's planned development is a circumference of about 1900 feet from the
Lease Tern colony, based on the closest stricture on hangar row, to assure the protection of the
Lease Tern and the Brown Pelican and so the VA and these endangered species can co -exist on
the site.
Their plans include an outpatient clinic on the far east end which would replace the two facilities
currently in Oakland. The clinic will be approximately 80- 90,000 sq. ft. and be a full- service
ambulatory care clinic which will not have any beds. The VA would like to develop an above-
ground cemetery on the 50+ acres on the far west end of the parcel. There are approximately
390,000 Veterans in the greater Bay Area that would use the cemetery services, and for the
clinic, they envision that it would serve approximately 7,000 of the 40,000 northern Alameda
County Veterans. Also included in the clinic would be a small clinic that is nun by the Air Force
(David Grant Medical Center) that would treat active duty and active duty dependents in the Bay
Area. The third development plan includes land reserved for "enhanced use ", a public- private
partnership where a developer comes in and builds a facility on under - utilized VA land. The VA
was envisioning as their enhanced use partner a civilian in- patient hospital, which they believe is
a compatible need with their outpatient clinic.
Chair Johnson asked how many in- patient hospital beds the VA would anticipate be used by
Veterans. Mr. Jaynes replied that approximately 10 — 20 would be used for Veterans. Member
Matarrese mentioned that there is already a hospital here in Alameda that can be partnered with
the VA. Mr. Jaynes explained that the plans for the civilian hospital are still conceptual. The
enhanced use plans also include two strictures for medical office buildings, which would house
civilian doctors and administration. Also included is a small nature center which the VA would
build to house fish and wildlife services and employees on the site to work with the Lease Terns,
as well as EBRPD rangers if an agreement can be worked out with them. The VA would also
build a bay trail on the property, limited to the far west side of the parcel in order to protect the
endangered species.
Mr. Jaynes presented the VA's timeline for development. They have been in consultation with
USF &W for almost two years, and are currently in negotiations with the Navy to develop an
MOU which will lay out the transfer terms. It is the VA and Navy's plan that the final transfer,
including the transfer documents, will be complete by Fall of 2008. In addition, the VA is
currently conducting a National Environmental Policy Act (NEPA) environmental assessment
for transfer, and a biological assessment. They have plans to do a NEPA environmental impact
study which is fiunded and ready to go.
Mr. Jaynes explained the VA's two major constriction projects, one for the clinic, one for the
cemetery. Both projects are congressionally authorized and appropriated, if approved for the
budget, design will begin on the clinic in 2010, with constriction completed by spring /summer
2012. The columbarium is on the same timeline, but could be phased and opened sooner. The
enhanced use lease is in the concept application process and will go to the Secretary of the VA in
the spring, and if approved, the enhanced use process will begin in late spring and work toward
having a partner and open in 2012.
Member Tam thanked Mr. Jaynes and Mr. Hutchison for the presentation and had some
questions: 1) on the discussions the VA has had with the Navy regarding environmental clean -up
costs, 2) has there been progress in the VA's coordination with SunCal, and 3) the VA's role and
relationship with the Alameda Healthcare District.
Mr. Hutchison explained that the VA has had ongoing dialogue with the Alameda District
hospital and will be meeting with the new CEO tomorrow morning (Dec. 6) to continue that
dialogue and they are very interested in maintaining that relationship with the Alameda
Healthcare District. He further explained that the VA has issued an RFP for outpatient services,
and that the Alameda Healthcare District has responded. A final determination has not yet been
made.
As a response to Member Tam's first question about the clean -up costs, Mr. Hutchison discussed
that the Navy is responsible for clean -up. The VA's MOU with the Navy will set forth the terms
and conditions that outline the requirements of the Navy to bring it up to appropriate commercial
standards. The VA does not want to take on liability for contamination over which they had no
control. The inter - agency transfer will set forth clearly the Navy's requirements with no dispute
between the VA and the Navy as to those requirements. He emphasized that the VA has a
significant due diligence process.
Member Tam mentioned that since the VA is the alumni association to the Navy, that they may
have a stronger tie to them than the ARRA does. Mr. Hutchison explained that the Navy is well
aware of their obligation and is prepared to live up to it.
Mr. Jaynes discussed the coordination efforts with SunCal, stating that most of their
communication with SunCal since their last meeting with them has been through Debbie Potter.
He said that he has been playing phone -tag with the project manager for SunCal, Pat Keliher, but
will continue to strive to communicate with them to make sure their plans are in coordination
with the ARRA's. Mr. Hutchison thanked Member Tam for being the catalyst to bringing
SunCal and the VA together in a joint cooperation going forward.
Chair Johnson wanted to clarify whether residential units were still part of the VA's development
plan. Mr. Hutchison confirmed that residential units were never part of their plan. Member
deHaan discussed his concerns about the budget appropriations and the VA's cost for their
development plans. Mr. Hutchison stated that the budget approval cycle was FY '10 and the
dollar amount for the hospital is in the $50M range, and considerably less for the columbarium.
They are confident that their proposal will be well received by congress and the Dept. of
Veteran's Affairs. Member deHaan also asked about the status of their coordination efforts with
SunCal. Mr. Hutchison reaffirmed what Mr. Jaynes had said about their intent to maintain
dialogue with SunCal.
Chair Johnson called the speakers, first Bill Smith, who spoke about various topics, including the
Lease Terns and transportation issues. The next speaker, Mark Chandler, Commissioner of the
Alameda County Veterans Affairs Commission, spoke in support of the VA's plan to develop the
outpatient clinic at Alameda Point. He discussed the status quo of Veterans having to travel to
Martinez, Travis AFB, and Mare Island for healthcare.
Another speaker, Leora Feeney, Boardmember of the Golden Gate Audubon Society and Friends
of the Alameda Wildlife (FAWR), stated her appreciation for the cordiality given by the VA
regarding their proposal. She stated that all of them support Veterans in a huge way, and also
support wildlife and open space and opportunities for our children to experience nature. Ms.
Feeney discussed her concerns on specific issues of the VA presentation, mainly the "circle"
concept (1900 feet distance from the nearest hangar). She's concerned that any development that
places a barrier between the Lease Tern colony and the water would present a problem, as the
Lease Terns do not fly over buildings. They would not be able to get to the water to forage. Ms.
Feeney's other strong objection is the VA's unwillingness to accept the water around the refiige,
together with the land, including the island breakwater where the brown pelicans roost. If the VA
accepts the land and develops that northern portion of it, it seems reasonable, but there is a need
to protect the foraging waters of the Lease Terns and the island breakwater for those endangered
species. She emphasized the need for accountability to protect these things, and stated that if the
USF &W does not have it, nor the VA, she's concerned about who will accept the responsibility.
Chair Johnson asked the VA what their intention is with regard to Ms. Feeney's concerns about
the water. Mr. Hutchison stated that it is envisioned that the water area would go to the master
developer, SunCal, and that the VA has never coveted that water. Deputy Executive Director,
David Brandt, corrected Mr. Hutchison's statement by explaining that the area is Tidelands
property, so it would be the ARRA or the City that would hold title to the property, and not
SunCal.
The next speaker was Eli Saddler, Conservation Director for the Golden Gate Audubon Society.
He discussed fiirther the concerns of Ms. Feeney, and agreed that they support the VA. He
would like them to go forward with their development plans, but just not at the Alameda Point
site. One of their primary concerns is that the VA's plan contradicts the existing biological
opinion that was developed when USF &W originally requested the property as a refuge. There
was a minimum acreage required for the California Lease Tern which was the entire area
sectioned off, not including the northern -most portion, which was going to the City and was to be
developed as a buffer zone. The VA's plans would be inside the buffer zone of the area that has
already been designated as the critical habitat for the species. They do not think that it is
biologically defensible to draw a circle of 1900 feet around the colony, it is unrealistic to think
that the birds will obey and stay in that circle. They use the whole area, including areas where
the VA has already planned to put their hospital. Mr. Saddler also fiirther discussed his concern
about the water area, which was also included in the original biological opinion, which stated
that the area to the south was needed for foraging for both species. He emphasized their concern
about whether the VA's plan was biologically feasible without very serious mitigation that
would have to be done ahead of any constriction, mitigation meaning having an alternative site
for the Lease Terns to go to, and there was no discussion of this mitigation. It is their
understanding that the USF &W would have some kind of requirement that would include
mitigation. The problem is, however, that there really is no other location for the Lease Terns to
go. The VA plans could potentially jeopardize Alameda's very significant Lease Tern colony.
Mr. Saddler also discussed his concerns about the VA's NEPA process and whether it is legally
defensible. The transfer of the parcel is for a purpose, and if there is a new biological opinion
that contradicts a pre- existing one, this places the VA's development plans on shaky ground,
legally.
Chair Johnson thanked all the speakers and Mr. Hutchison for coming in from Washington, DC
to make the VA's presentation. Member deHaan asked whether the VA looked at other
opportunities at Alameda Point. Mr. Hutchison clarified that their discussions have been with
the Navy, and that the Navy came to them, unable to agree to terms with the USF &W and was
going to dispose of the property, and asked whether the VA had an interest in taking it over.
Their relationship to the parcel is a direct result of the Navy soliciting their interest. Mr. Jaynes
added that the VA had looked at the older Coast Guard Housing property, but felt that it wasn't
large enough to satisfy the VA's needs for a medical clinic as well as a columbarium.
Member Matarrese expressed his appreciation for the presentation as it quelled various rumors
about the VA's interest in the property. It's good for the ARRA and for the public to hear a
presentation live from officials of the VA. Member Matarrese asked if they would take back
with them a couple considerations: 1) that he does not share their optimism regarding the Navy's
commitment to do clean -up. He asked that they have the same demands as the ARRA does
regarding clean -up, and to accept the land clean, especially if it would be the final resting place
for our Veterans, and 2) explore to the maximum the opportunity to work with the Alameda
Healthcare District. A competing private hospital would be to the detriment of the hospital that
Alameda taxpayers support.
Member deHaan requested that the Alameda Healthcare District make a presentation to the
ARRA regarding their interest in the VA project. Chair Johnson stated that they will invite the
Alameda Healthcare District to make a presentation to the ARRA when they are ready to do so.
3 -B. Update on the Former Coast Guard Housing Property.
Debbie Potter gave an update on the North Housing parcel, specifically on the temporary license
agreement /lease for estuary park, the exploration of a possible short -term leasing program, and
the screening process underway for the homeless accommodation and public benefit conveyance.
Staff has been working with the Navy on the short -term lease for estuary park, some sticking
points involve environmental remediation, but a short term lease agreement is planned to be
brought back to the ARRA in January '08. Staff determined that it was not feasible to have a
short -term leasing program for the surplus units. Regarding the screening process, on Nov. 5,
the Navy published their notice of surplus property in the Federal register, which triggered the
ARRA's obligation to notify the public that the property is available for screening and we are
currently in the middle of the process. There is a public information workshop scheduled for
tomorrow (Dec. 6) to brief interested parties on the screening process, and to take them on a tour
of the property. Notices of Interest (NOI) for both the homeless accommodation and the public
benefit conveyance will be due to the City on February 29, 2008. Those notices will be
evaluated working with HUD and the Navy, and ultimately we will go through a public process
of amending the Community Reuse Plan to reflect the accommodations and public benefit
conveyances that may result from this process.
3 -C. Alameda Point Project Update — Oral Report.
Debbie Potter gave an update on the Alameda Point project.
scheduled to take place in November was rescheduled to
community meeting is scheduled on December 13th at the
public meeting scheduled on January 30, 2008.
There was one speaker, Bill Smith.
4. ORAL REPORTS
A meeting with the Navy originally
December 12th. The next SunCal
O' Club at 630 0 p. m, with another
4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB)
representative.
Member Matarrese will attend the meeting tomorrow (12/6) and will have a report in January.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
There were no speaker slips.
6. COMMUNICATIONS FROM THE GOVERNING BODY
none.
7. ADJOURNMENT
Meeting was adjourned at 8:49 p.m. by Chair Johnson.
Respectfully submitted,
w
Irma Glidden
ARRA Secretary