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2009-11-04 PacketAGENDA Special fleeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City Hall Council Chamber, Room 391 2203 Santa Clara Avenue Alameda, CA 94501 Wednesday, November 4, 2009 Meeting will begin at 0 :00 p.m. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. 3. ADJOURNMENT To CLOSED SESSION OF THE ARRA TO CONSIDER: Property: Negotiating parties: Under negotiation: Alameda Point ARRA and Sun+Cal Price and Terms Announcement of Action Taken in Closed Session, if any Notp..(;' 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. AGENDA 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 Wednesday, November 4, 2009 Meeting wi begin at 7 :00 p.m. 2. C ONSENT i j. 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 October 7, 2009. i AM None. 4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative Highlights of October 1 Alameda Point RAB Meeting. 5. ORAL COMMUNICATIONS, NON AGENDA (PUBLIC CO MMENT) (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.) AR RA A November 4, 2009 Pa n This meeting will be cahlecast 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. s :s CITY OF ALAMEDA CALIFORNIA SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION (CIC) WEDNESDAY NOVEMBER 4, 2009 7 :01 P.M. Location C Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Commission on agenda items or business introduced by the Commission may speak for a maximum. of 3 minutes per agenda item when the subject is before the Commission Please file a speaker's slip with the Deputy City Clerk if you wish to spear. 1. ROLL CALL, CIC 2. COMMISSION REFERRAL 2 -A. Status of the Fleet Industrial Supply Center_ (FISC) Development Presentation by Catellus (Commissioner Matarrese) 3. ADJOURNMENT CIC UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, October 7, 2009 The meeting convened at 7:12 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Lena Tarn Boardmember Frank Matarrese Boardmember Marie Gilmore Vice chair Doug deHaan 2. CONSENT CALENDAR 2 -A. Approve the minutes of the Regular Meeting of September 2, 2009. 2 -13. 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. Item 2 -13 was pulled by staff and continued to the November meeting. vice Chair deHaan pulled Items 2 -C and 2 -E for discussion. The balance of the Consent Calendar (items 2- A, 2 -13 and 2 -F) was motioned for approval by Member Tangy, seconded by Member Matarrese and passed by the following voice votes: Ayes: 5, Does: 0, Abstentions: 0 Discussion on Item 2 -C: Leslie Little, Economic Development Director, summarized the staff report. There were several speakers. The speakers who were against the item were concerned about the soccer field and Alameda resources being ceded to another city. They questioned ghat their fees pay for and the availability of the fields to Alameda's soccer teams. Chair Johnson explained that the Jack London Youth Soccer League created and manages the pool of fields to which all the different soccer clubs can schedule games. The fields are not exclusive and are open to all the communities at all times. The annual maintenance of the field at Alameda Point is $40,000. Piedmont soccer does the maintenance, upkeep, take on that responsibility, and Alameda clubs still have use of all the soccer fields. Member deHaan was concerned that there would be a shortage of fields or available game -play on the field for Alameda clubs. Dale Lillard, Park and Rec Director, explained that there has not been a shortage of fields, and any shortage experienced was only due to the water rationing mandated by EBMUD to help with the drought, not by any scheduling conflicts. Member Matarrese clarified that this particular field at Alameda Point is not a City -owned field it still belongs to the Navy and it is not being ceded to another city, it is being leased. He further explained that it is not any different than when the buildings are leased at Alameda point leasing is not restricted to Alameda only and if that land was not leased to the Piedmont soccer club, and because Alameda's Parks and Rec department didn't have the funds to maintain the field, it would be a weed field. There was further discussion from the representatives of the Jack London Youth Soccer Sports League, Alameda Soccer club, and the Piedmont Soccer Club. They answered questions posed by the speakers and the Board, and further expressed their continued support and maintenance of the Alameda Point field for the benefit of all the youth soccer clubs. Item 2 was motioned for approval by Member Matarrese, seconded by Member Tarn and passed by the following voice votes: Ayes: 5, Noes: 0, Abstentions: 0 Discussion on Item 2 -E: Leslie Little discussed staff's request to augment the existing budget for removal of fire debris of Building 6 by $500,000. She summarized that in late March, Building 6 caught fire. The initial debris removal was done, but asbestos and other contaminated building materials were found, �.-%A +ham v^v%- %p;v- %;r,ry ^tr,einr +^x,%i r r% +ri in +t irpr% ■Ait.,r i irie 1AIr, %rr, ft, [h r n nn Q1 1U U 1G 1 G11 iGL11 111 1U L.+VI ilri GLG L%J'VVG1 OL1 U%.,LL.11 Gti7 VVUI G U1 1OLCALJ1G. V V G GLI G U11tU.. ILAU IVI R yC_VV,VVV grant from DTSC to offset the $500,000. Vice Chair deHaan asked ghat the overall cost would be when complete; and if we were going to hold Catellus responsible to pay back the cost. Ms. Little stated the amount to be approximately $2 million by completion. She further explained that under their existing DDA, Catellus is responsible. for the demolition. There has been discussion between Catellus and the City regarding ghat their actual obligation for cost is beyond just the regular demolition, which will not be resolved until there is another amendment to their DDA. Ms. Little also stated that the City Attorney's office has looked into whether we could put a lien on the property so that it couldn't transfer without this obligation. There is no way around it, however, as the language of the DDA specifies that we have to deliver the property to them clear of liens or encumbrances. Member Matarrese asked how quickly, after the $500,000 is allocated, will the demolition be completed. Ms. Little stated that it would be done immediately, and that the daily cost of security will cease also. Member Matarrese stated that the Catellus DA clearly says that Catellus is responsible for demolishing this building. Since we demolished it for them, we need to assign this cost to them. Whatever the vehicle is we need to present it to Catellus. Member Gilmore asked what the modification to the ARRA budget is and if there are things we are not going to be able to do because of this $500,000 modification. Ms. Little explained that there is no line item where these funds could be taken from, so staff proposed this would come back to the ARRA in a budget adjustment. The funds would come out of the ARRA's cash balance, rather than what is usually referred to as a fund balance. Member Matarrese motioned to approve the allocation of the $500,000 to complete the demolition, and added that the entire cost of the demolition be assigned to Catellus. Member Gilmore seconded the motion and it was passed by the following voice votes: Ayes: 5, Noes: o, Abstentions: 0 3. REGULAR AGENDA ITEMS None. 2 4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative Highlights of September 3rd Alameda Point RAB Meeting. Member Matarrese said that the highlight of the meeting was an update and discussion on Site 1, the far northwest end of the wildlife refuge and lower part of Northwest Territories. The Navy presentation refreshed the RAB on boundaries and milestones, the Navy's containment preference to use an engineered four -foot soil cover, and their path forward which included a timeline to Record of Decision (ROD) and remedial action to begin in December of 2010. The RAB's discussion mostly challenged the assessment of that contamination the fact that the sample site data was old and inadequate. Member Matarrese stated that discussions at the meetings have been heated and required a facilitator. There are people knowledgeable enough to ask very technical questions and the bottom line is that no one is satisfied with the Navy's proposal to cap it with four feet of soil. Member Matarrese was not able to attend the October 1 RAB meeting. The next meeting is Nov. 5. Member Tara asked ghat the Navy plans to do with the feedback and their plans to go forward with capping, even to our objection. Member Matarrese explained that the Navy was supposed to have a final ROD by September 17 but does not know if it has been published. The Navy is also supposed to go through the pre design work this December of whatever solution there might be. ARRA's letter to the Navy stating the objection to the soil capping was also copied to the congressional delegation, which may garner a little more attention to slow this process down and get a different resolution. Member Matarrese also complimented the ARRA's environmental consultant, Dr. Peter Russell, for the informative summaries of the RAB meetings which he provides to the ARRA. 5. ORAL COMMUNICATIONS, NON- AGENDA (PUBLIC COMMENT) There were no speakers. 5. COMMUNICATIONS FROM THE GOVERNING BODE( None. s 1 Meeting was adjourned at 8:55 p.m. by Chair Johnson. Respectfully submitted, f J f Irma Glidden ARRA secretary Russell Resources, Inc. environmental management Alameda Point RAB Meeting on October 1, 2009 Highlights and Analysis R To M14 IV RAB members present Dale Smith (Community Co- chair), Fred Hoffman, George Humphreys, Joan Konrad, Jim Leach, Kurt Peterson, Jean Sweeney, Jinn Sweeney, and Michael John Torrey, Marsha Pendergrass facilitated the meeting, but did not act as chair. Mr. Derek Robinson, the Navy's Lead Remediation Project Manager (RPM) for Alameda Point, announced that Mr. Pat Brooks, the RAB's Navy Co -Chair and the Alameda Point Base Environmental Coordinator (BBC), transferred to another position within the Navy as of September 28, 2009. The Navy is in the process of selecting a successor for Mr. Brooks, who will continue performing the RAB Co -Chair and BEC roles until his position is filled. Mr. Robinson was acting Navy Co -Chair for the October RAB meeting. Remediation and other field work in progress 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 being removed from along the northern bulkhead of the Seaplane Lagoon. On October 12, a Navy diver was to have investigated the large concrete block that is submerged in that area of the Seaplane Lagoon. However, the Navy has since announced that a last minute change of dive contractors forced postponement of the dive investigation until late October or November. Subsurface groundwater treatment is underway at IR Sites 14 and 27, along the Oakland Inner harbor in 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 OIJ -5 and FISCA IR Site 2 is operating. Petroleum contaminated groundwater treatment near the Atlantic Avenue entrance and near the south end of the western Hangar Zone is continuing. IR. Site 34 Former Northwest Shop Area Before the beginning of the formal RAB meeting, the Navy conducted a tour for RAB members of IR Site 34, which is a 4.18 -acre site adjacent to Oakland Inner Harbor in Northwest Territory. The Navy then presented the draft Feasibility Study (FS) for the site. IR Site 34 has soil contamination with the metals arsenic and lead, polychlorinated biphenyls (PCBs), pesticides, diesel, motor oil, and other organic chemicals. Groundwater contamination at IR Site 34 appears to be so minor as not to be a threat to human health or the environment and the FS does not evaluate groundwater clean -up alternatives. The FS evaluates two soil clean -up alternatives: (1) partial excavation of contaminated soil with off -site disposal and land -use controls, and (2) excavation of contaminated soil with off -site disposal so that no land -use restrictions are needed. The FS estimates the incremental excavation and disposal costs to achieve unrestricted use RRI, 440 Nova Albion Way, Suite 1, Son Rafael, California 94903 415.992.3. 23 fax 815.572.8699 Page 2 of 2 November 4, 2009 Alameda Point RAB [Meeting, October 1, 2009 Highlights and Analysis would be less than the cost of establishing and administering land -use controls. Although the FS does not recommend a remedial altemative the Proposed Plan does proposes the clean -up alternative it strongly suggests that cleanup to unrestricted use will be the selected alternative. IR Site 27 (Dock Zone) Several RAB members expressed interest in the groundwater treatment (in -site chemical oxidation) that is underway at IR Site 27. The Navy agreed to try to schedule a RAB technical meeting on this subject before the November RAB meeting. 440 Nova Albion Way, Suite 1, San Rafael, California 94903 415.902.3323 fax 8. 5.572.8600 COMMISSIONER REFERRAL FORM (To be submitted to the City Clerk) Name of Commissioner requesting Referral: Frank Matarrese Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday before the week of the CIC meeting requested): November 4, 2009 Requested CIC Meeting date to consider Commissioner Referral: November 4, 2009 Brief description of the subject to be printed on the agenda, sufficient to inform the CIC and public of the nature of the Commissioner Referral: Status of the Fleet Industrial Supply Center (FISC) Development Presentation by Catellus This referral requests status report from Catellus on the development of the fnrmPr F I RC', It is requested that the following be addressed in the context of the Local Action Plan: Catellus activities in furtherance of the development Compliance with Development Agreement Progress on the Willie Stargell Extension Additionally, the referral requests CIC discussion and potential direction to the Executive Director to advance the project.