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2009-10-07 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City ball Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 Wednesday, October 7, 2009 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 September 2, 2009. 2 -B. Approve the minutes of the Special Meeting of September 15, 2009. 2 -C. Authorize Negotiation and Execution of a Three -Year Sublease Renewal for Piedmont Youth Soccer club at Alameda Point. 2 -D. Authorize Negotiation and Execution of a Sublease for Dreyfuss Capital Partners in Building 29 at Alameda Point Without a Waiver in Rent and a Right of First offer for Building 29 only. 2 -E. Amend the Contract and Project Budget for the Fire at the Fleet Industrial Supply Center by Adding $500,000. 2 -F. Authorize Negotiation and Execution of a Sales Agreement, and Approve Disposing of Personal Property at Alameda Point Proposed Sale of Ship Waste Off- Loading Barge. 3. REGULAR AGENDA ITEMS None. I VA 4 -A. oral report from Member Matarrese, Restoration Advisory Board (RAB) representative }highlights of September 3 Alameda Point RAB Meeting. ARRA A October 7, 2009 Pa 2 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 This meeting will be cablecast live on channel 15. Notes Sign language interpreters will be available on request. Please contact the ARRA Secretary at 747 -4800 at least 72 hours before the meeting to request an interpreter. Accessible seating for persons with disabilities (including those using wheelchairs) is available. 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, September 2, 2669 The meeting convened at 7:36 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore Vice chair Doug deHaan 2. CONSENT CALENDAR 2 -A. Approve the minutes of the Special Meeting of July 7, 2009. 2 B. Approve minutes of the Special Meeting of July 21, 2009. 2 Authorize Negotiation and Execution of a Sublease Renewal for city of Alameda for Building 60 Alameda Point. 2 -D. Authorize Negotiation and Execution of a Sublease Renewal for city of Alameda for Building 102 at Alameda Point. 2 -E. Authorize Negotiation and Execution of a Sublease Renewal for Conrnar, Inc. at Alameda Point. 2 -F. Authorize Negotiation and Execution of a Sublease Renewal for The Pacific Pinball Museum at Alameda Point. 2 Authorize Negotiation and Execution of a Sublease Renewal for Navigator Systems at Alameda Point. The consent calendar was motioned for approval by Member Tam, seconded by vice Chair deHaan and passed by the following voice votes: Ayes: 6, floes: 0, Abstentions: o 3. REGULAR AGENDA ITEMS Cie m gruwli�� 4 oral report from Member Matarrese, Restoration Advisor} Board [RAID] representative Highlights of August 6th Alameda Point RAD Meeting. Member Matarrese was unable to attend the August 6 meeting because he was on vacation. He will attend and report on the September 3 meeting. 5. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) There were no speakers. 6. COMMUNICATIONS FROM THE GOVERNING BODY None. 7. ADJOURNMENT Meetin was adjourned at 7:37 p.m. b Chair Johnson. Respectfull submitted, Irma Glidden ARRA Secretary UNAPPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Tuesday, September 15, 2009 The meeting convened at 11:17 p.m. with Chair Johnson presiding. 1. ROLL CALL_ Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore Vice chair Doug deHaan 4 all 011,1 ITS 3. REGULAR AGENDA ITEMS 3 -A. Approve Comment Letter on Draft Final Record of Decision for Alameda Point Installation Restoration Site 1 (1943 -1956 Disposal Area). Leslie Little, Economic Development Director, gave an overview of the comment letter which reiterates the ARRA's objection to any remedy that leaves buried waste on the site, and that any contaminated debris should be excavated and disposed offsite. Member Matarrese requested a few modifications to the letter, which include: 1) description of the landfill as an "unlined land fill 2) escalate the signature to include the city Manager and the Mayor, and 3) copy the letter to our congressional delegation (Stark, Boxer, Feinstein) and the RAB. Member Matarrese motioned to approve the Comment Letter with the aforementioned modifications. The motion was seconded by Vice Chair del -laan and passed by the following voice Votes: Ayes 5, Noes D, Abstentions 4. 4. ORAL_ REPORTS None. 5. ORAL COMMUNICATIONS, NON- AGENDA (PUBLIC COMMENT) There were no speakers. 6. COMMUNICATIONS FROM THE GOVERNING SODS' None. Meeting was adjourned at 11:20 p.m. by Chair Johnson. Respectfully submitted, Irma Glidden ARRA Secretary From: Ann Marie Gallant Interim Executive Director Date: October 7, 2009 Re: Authorize Negotiation and Execution of a Three -Year Sublease Renewal for Piedmont Youth Soccer Club at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease terra greater than one year. The proposed sublease for Piedmont Youth Soccer Club is for three years. DISCUSSION Piedmont Youth Soccer club leased the fields they currently occupy from the ARRA five years ago. During this new lease, Piedmont Youth Soccer club will upgrade the grass playing field, including grading, installing an irrigation system, and planting fill -in grass, all at their sole expense. Attachment A describes the business terms for the proposed sublease for Piedmont Youth Soccer Club at Fields 424 and 426, located between Buildings 2, 3, and 4. The rent for Piedmont Youth Soccer Club is waived; however, Piedmont Youth Soccer Club shall continue to maintain the field at their sole expense, which is estimated to be approximately $40,000 annually. In addition to maintaining the field, they also pay for the water used, which averages $660 per month. The field will continue to be used for adult and youth soccer. When the field is not in use, it will be available for the Recreation, and Park Director to schedule use. At the end of the Piedmont Youth Soccer club three -year lease, the soccer field will be managed by the Recreation and Park Department. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will generate approximately $6,600 in the first year to pay for water. These funds will be retained by the ARRA. Honorable Chair and October 7, 2909 Members of the Alameda Reuse and Redevelopment Authority Page 2 of 2 RECOMMENDATION Authorize negotiation and execution of a three -year sublease for Piedmont Youth Soccer Club at Alameda Point. Reuse ully submitted, Y k yy 9 Leslie Little Economic Development Director 1 Attachments: A. Proposed sublease Business Terns B. site flap ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE (SF) TERM RENT Piedmont Youth Soccer Club Fields 424 425 283,140 3 yrs Waived F I 4P C) -u Q Q. o d 0 n n ro 5 F-I FT 2 C �C Fr r r 1 1 x X X X\ x\ �E X INGTUN �I SARAGA T C� �.D Alameda Soccer Club, Inca A Callfomia Nonprofit Public Benefit Corporation a. Leslie Little Cit Hall West 950 West Mail S Second Floor Alameda CA 94501 This letter is to confirm that the Alameda Soccer Club (ASC) and the Jack London Youth Soccer Sports Lea (JLYSSL are now in accord on the Piedmont Soccer Club (PSC) carr the lease for the soccer fields at Alameda Point. We both believe PSC will continue to be a g ood citizen, puttin in their mone and time to maintain the fields and willin makin them available to both the ASC and the people of Alameda. A Item #2-C Correspondence to Staff 10-07-09 I I I I I 1 11 I I I I I I 0 116, WIVWMRR�� From: Ann Marie Gallant Interim Executive Director Date. October 7, 2009 Re: Authorize Negotiation and Execution of a Sublease for Dreyfuss capital Partners in Building 29 at Alameda Point Without a Waiver in Rent and a Right of First offer for Building 29 Onl 11=2%10011101 The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease terra greater than one year. The proposed sublease for Dreyfuss capital Partners is for five years, plus five one -year options to extend. DISCUSSION Dreyfuss Capital Partners formerly occupied Building 113 at Alameda Point. In February 2003 the Navy informed the ARRA that they would be conducting screening and testing in four buildings at Alameda Point and that those buildings are required to be empty for these tests. Building 113 was one of those buildings. Attachment A describes the business terms for the proposed sublease for Dreyfuss Capital Partners in a portion of Building 29. Building 29 is in good condition. The rent for Dreyfuss Capital Partners is $29,184 annually, or $0.30 per sq. ft. in the first year. There is a 3% increase each subsequent year. The building will continue to be used for light manufacturing, fabrication, and general office. Additionally, Dreyfuss Capital Partners has asked for a Right of First offer (ROFO) for the remaining space in Building 29, giving them the ability to meet or exceed any offer the ARRA receives to lease the remaining 3,703 square feet. If Dreyfuss capital Partners does not respond to the offer presented to them, the ARRA can lease the remaining space. Additionally, Dreyfuss Capital Partners has asked for a ROFO for Building 113, if it becomes available after the Navy has completed their work in the building. staff recommends approval of a ROFO for Building 29, but does not think Building 113 should be obligated before it is ready for re- leasing. Dreyfuss capital Partners has also requested a waiver of one month of rent in Building 29 to accommodate their costs to prepare the building for occupancy. Because tenants have been displaced by the Navy's remediation in the past, the ARRA's lease document clearly states the Navy's right to access their property. The tenant had several months Honorable Chair and Members of the October 7, 2009 Alameda Reuse and Redevelopment Authorit Pa 2 of 2 advance notice therefore staff does not recommend the waiver of rent. The Nav clean-up schedule ma displace other tenants in the future and staff does not recommend creatin a precedence of rent waivers. As much as possible, staff tries to relocate the tenant to comparable space at Alameda Point or provide them with the Cit vacanc list to retain the business in Alameda. In accordance with the Exclusive Ne A between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will g enerate $29,184 in the first y ear. These funds will be retained b the ARRA. Authorize ne and execution of a sublease for Dre Capital Partners in Buildin 29 at Alameda Point without a waiver in rent and a Ri of First Offer for Buildin 29 onl Respectfull submitted ?A Little L Development Services Director Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE SF TERM RENT areyfuss Capital 29 8,107 5 yrs 5 one- $2,432/mo. Partners year renewal options Aff ATTACHMENT B d ro Ul w 5D p Ir- p �5 r0 i From: Ann Marie Gallant Interim Executive Director Date: October 7, 2009 Re: Amend the Contract and Project Budget for the Fire at the Fleet Industrial Supply Center by Adding $500,000 In the early morning of March 29, 2009, Building 0, the former Medical /Dental Facility at the Fleet Industrial Supply center (FISC), caught fire and was destroyed. The debris from the fire was assumed to contain hazardous materials, and the Bay Area Air Quality Management District (BAAQMD) issued an order to abate the condition. Pursuant to the 1994 Alameda Reuse and Redevelopment Authority (ARRA) Procurement Policy, Section 8, procurement of nonprofessional services can be done by emergency procurement where the Executive Director determined that a public emergency existed and standard procurement was infeasible due to immediate threat of injury to persons or property. This policy allowed the ARRA to sole source any contract necessary to abate the emergency condition. In June, the Interim Executive Director provided the ARIA Governing Board with a written report detailing the circumstances and justification for those emergency expenditures. However, because Catellus had already prepared a demolition plan for the entire site, bids for demolition had already been competitively bid. Staff worked with the low bid contractors, FERMA corporation and vista Environmental Consulting, because they provided the ARRA with the quickest, most economical process for compliance with the abatement order. DISCUSSION After FERIA and vista cleared the debris from around the remaining concrete structures, the next phase of the work plan was to remove asbestos from the structures to allow for demolition and dumping. Upon accessing the concrete structures, it was determined that they were not stable enough for teams to enter and remove the asbestos from pipe lagging, floor tiles and other asbestos mastics. The additional funding needed will allow the contractors to shore up and abate the concrete structures. If the structures are not abated and demolished as -is, the cost for demolition will nearly triple. Staff has tried to reduce the additional costs to the project by requiring bids for scaffolding and any additional subcontract work. In addition, staff recently secured a Honorable Chair and October 7, 2009 Members of the Alameda Reuse and Redevelopment Authorit Pa 2 of 2 $200,000 g rant from the State Department of Toxic Substances Control to assist in the pro clean up, so there ma be cost savin FINANCIAL IMPACT The additional $500,000 will come from ARRA lease revenue Fund 858. This is an unbud expenditure and will re a modification to the FY 09-10 bud RECOMMENDATION Amend the contract and project bud for the fire at the Fleet Industrial Suppl Center b addin $500,000. Respectfg-Il submitted,, V. J. r Leslie A. Little Economic Development Director Approved as to funds and account, J Glenda Ja Interim Finance Director Attachments: 1. Photos of Fire Site 2. Project Cost Summar cc: PIVI Realt Group ATTAU H M E NT 1 Structure Shoring $235,000 Asbestos Abatement $50,000 RCRA Asbesto Debris Haul and Disposal $65,000 Concrete Demolition, Hauling Disposal $150 ATTACHMENT 2 Total $500,040 From: Ann Marie Gallant Interim Executive Director Date: October 7, 2009 Re: Authorize Negotiation and Execution of a Sales Agreement, and Approve Disposing of Personal Property at Alameda Point Proposed Sale of Ship Waste Off Loading Barge BACKGROUND In June 2001 the ARRA established a procedure for the disposition of personal property. The procedure delegated to the Executive Director the authority to declare as surplus any item of personal property which is valued at less than $10,000 and which is not required for use by the ARRA in the administration of its powers and duties pursuant to the April 1994 Joint Powers Agreement (JPA). The JPA is between the City of Alameda and the County of Alameda for the purpose of establishing a public entity (the ARRA) for assuring the effective transition of the Alameda Naval Air Station from federal to local ownership. DISCUSSION When the Navy transferred title of certain personal property to the ARRA, it included a Ship Taste off Loading Barge (SWOB), W_ hich was used in support of the management of the port. This barge is corning close to the end of its service life. Repairs in the approximate amount of $35,000 are required to continue service, NRC Environmental Services is willing to purchase the barge and make the required repairs. Based on previous barge sales, NRC has offered $25,000 for purchase of the barge. Sale of this barge will reduce the ARRA's liability and may result in a reduction of ARRA insurance costs. FINANCIAL IMPACT The offer for purchase will generate $25,000. These funds will be retained by the ARRA. Honorable Chair and October 7, 2009 Members of the Alameda Reuse and Redevelopment Authorit Pa 2 of 2 RECOMMENDATION Authorize ne and execution of a sales a and approve disposin of personal propert at Alameda Point proposed sale of Ship Waste Off-Loadin Bar Respect submitted, ew s Economic Development Director AMG/LAL-.dc Russell Resources, Inc. environmental management Alameda Point RAB Meeting on September 3, 2009 Highlights and Analysis Item 4 -A RAB members present Dale Smith (Community Co- chair), Fred Hoffman, George Humphreys, Joan Konrad, Jinn Leach, Jean Sweeney, Jim Sweeney, and Michael John Torrey Remediaton and other field work in ro ress: The following activities were noted during the September 15, 2009 BCT meeting: The Navy is continuing to remove and replace radioactively contaminated storm. drain lines arising at Buildings 5 and 400 and discharging into the Seaplane Lagoon. This work must be completed before cleanup of contaminated sediment in the Seaplane Lagoon begins. A third debris pile is about to be removed from along the northernn bullhead of the Seaplane Lagoon. At the same time, the Navy will further investigate the large concrete g block that is submerged in the area. Subsurface groundwater treatment is underway at IR Sites 14 and 27, along the Oakland Inner Harbor in the Northwest Territories and just north of Pier 1, respectively. The air spargelvapor extraction system to treat groundwater contaminated with benzene and naphthalene at Alameda Point OU -5 and FISCA IR Site 2 is operating. IR Site 1 1943 -1956 Disposal Area The Navy presented the draft final Record of Decision (ROD) for IR Site 1. The ARRA Board reviewed a draft comment letter to the Navy at its September 15 meeting. As directed by the ARRA, the comment letter was sent to the Navy on September 17, 2009, signed by both Mayor Johnson and Interim City Manager Gallant. The congressional delegation was copied on the comment letter. RAB Member Hoffman commented extensively about groundwater contamination at one location in IR Site 1. He noted that most of the sampling data from the groundwater plume is very dated, and he expressed the opinion that the plume has not been adequately characterized. The Navy agreed that further characterization is needed to design the cleanup itself, but that the existing characterization is sufficient for the purpose of selecting the clean -up strategy in the ROD. RAB Member Hoffman asked that the BCT consider the adequacy of IR Site 1's groundwater characterization at its next meeting. The BCT discussed this Issue at its September 15, 2009 meeting and concluded that existing information about the groundwater plume at IR Site l is suitable for selecting a remedy. Environmental regulators reiterated at the BCT meeting that they would require thorough groundwater sampling and analysis (1) to design the clean -up process selected by the ROD and (2) on an on -going basis to detect any contaminant migration that might arise in the future. RR1, 440 Nova Albion Way, Sure 1, San Rafael, California 94903 415.902.3123 fax 8. 5.572.8500 Page 2of2 October 7, 2009 Alameda Point RAB Meeting, September 3, 2009 Highlights and A nalysis Facilitator for RAB rneetin�s The September RAB meeting was the second RAB meeting to be facilitated by the Navy's contractor Ms. Marsha Pendergrass. Several RAB members questioned the extent to which the facilitator is chairing the meeting, even though the RAB has a Community Co- Chair. They Navy plans to have the facilitator present for the next few RAB meetings at least, before deciding whether to continue to use her services. 440 !Nova Albion Way, Suite 1, San Rafael, California 94903 415.902.3123 fax 815.572.8600