1997-06-04 ARRA PacketJuly 2 ARRA meeting cancelled.
Since there are no items requiring
immediate. Board action, the
regular meeting of the ARRA on
Wednesday, July 2 has been
CANCELLED.
Have a nice July 4th weekend!
The ARRA will meet next at
5:30 p.m. on Monday, July 28
at the HAHS Cafeteria for an
Airfield Workshop.
AGENDA
Regular Meeting of the Governing Body of the
Alameda Reuse and Redevelopment Authority
* * * * * * **
Alameda High School Cafeteria
West Wing, Historic Alameda High School
Corner of Central Avenue and Walnut Street
Alameda, CA 94501
Wednesday, June 4, 1997
5:30 p.m.
IF YOU WISH TO ADDRESS THE AUTHORITY:
(1) Please file a speaker's slip with the secretary, and upon recognition by the Chair, approach the
rostrum and state your name. Speakers are limited to three minutes per item.
(2) Lengthy testimony should be submitted in writing and only a summary of pertinent points
presented verbally.
(3) Applause or demonstrations are prohibited during ARRA meetings.
1. ROLL CALL
2. CONSENT CALENDAR
2 -A. Report from the Executive Director recommending approval of the recommended priorities for
the ARRA's 1998 grant application to the Economic Development Administration.
3. ACTION ITEMS
3 -B. Report and recommendation from the Executive Director for changes and clarifications to
applicable sections of the NAS Alameda Community Reuse Plan to add 17 acres to the City
of Alameda's Public Benefit Conveyance request for a Sports Complex, and other changes and
clarifications to Section 8.0, Property Disposal Strategy.
3 -C. Report and recommendation from the Executive Director that the ARRA governing body
authorize the Executive Director to draft and sign a letter to Naval Sea Systems Command
(NAVSEA), Ships Donation Program, requesting that NAVSEA establish August 15, 1997 as
the deadline for a final donation application for the U.S.S. Hornet and that NAVSEA make its
decision no later than September 30, 1997.
3 -D. Report and recommendation from the Executive Director requesting the governing body to
authorize ARRA staff to prepare and issue an RFP for a property manager to renovate, lease,
and manage all or part of the available units in West housing.
ARRA Agenda - June 4, 1997 Page 2
3 -E. Report and recommendation from the Executive Director that the ARRA governing body
authorize the Executive Director to draft two letters for signature by the ARRA Chair and
Vice -Chair stating the ARRA's opposition to the Navy proceeding with an environmental
screening methodology in which the California Environmental Protection Agency (Cal -EPA)/
Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection
Agency (U.S. EPA), Region 9 will not concur. One letter will be sent to RADM David J.
Nash, Commander, Naval Facilities Engineering Command Headquarters and the second letter
will be sent to Office of the Secretary of Defense, Environmental Security, att: Sherri
Goodman.
4. ORAL REPORTS
4 -F. Oral report from the BRAG updating the ARRA on current activities.
4 -G. Written report from the Executive Director updating the ARRA on:
1. Coast Guard Housing
2. Airfield Workshop
3. Public Trust Appraisal
4. BCDC Port Priority Designation.
4 -H. Oral report from the Executive Director (non- discussion items).
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 or of which it may take cognizance, that is not on the agenda.)
6. COMMUNICATIONS FROM THE GOVERNING BODY
7. ADJOURNMENT
Notes:
• Sign language interpreters will be available on request. Please contact Margaret Ensley, ARRA Secretary,
at 864 -3400 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.
This meeting will be videotaped for broadcast on cable channel 22 on the
following evening, Thursday, June 5, at 7:30 p.m.
The next regular ARRA meeting is scheduled for Wednesday, July 2, 1997.
UNAPPROVED
MINUTES OF THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
Wednesday, May 7, 1997
The meeting convened at 5:34 p.m. with Chair Appezzato presiding.
1. ROLL CALL
Present: Chair Ralph Appezzato, Mayor, City of Alameda
Vice -Chair Sandre Swanson, District Director, 9th Congressional District (arrived at
5:37 p.m.)
Wilma Chan, Alameda County Board of Supervisors, District 3
Jay Leonhardy, alternate to Henry Chang, Jr. /Elihu Harris, Mayor, City of Oakland
Kathleen Ornelas, alternate to Ellen Corbett, Mayor, City of San Leandro
Albert DeWitt, Councilmember, City of Alameda (arrived at 5:39 p.m.)
Barbara Kerr, Councilmember, City of Alameda
Karin Lucas, Councilmember, City of Alameda (arrived at 5:40 p.m.)
Tony Daysog, Councilmember, City of Alameda
Ardella Dailey, Ex- officio member, Alameda Unified School District
Absent: Lee Perez, Ex- officio member, Base Reuse Advisory Group
Chair Appezzato introduced Jim Flint, Alameda's new City Manager.
2. CONSENT CALENDAR
2 -A. Approval of the minutes of the regular and special meetings of March 5, 1997.
2 -B. Approval of the minutes of the special meeting of March 15, 1997.
2 -C. Approval of the minutes of the regular meeting of April 1, 1997.
2 -D. Recommending the appointment of Ardella Dailey to serve as the AUSD representative to the
BRAG and Chair of the Education Work Group.
2 -E. Report from the Executive Director recommending the adoption of a resolution by the Alameda
Reuse and Redevelopment Authority (ARRA) authorizing the ARRA Executive Director to represent
the ARRA and submit the application for the California Defense Adjustment Matching Grant.
Alternate Leonhardy moved approval of the Consent Calendar. Member Daysog seconded
the motion, which passed by the following voice vote: Ayes: 7. Noes: 0. Absent: 2 - DeWitt
and Lucas.
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3. ACTION ITEMS
3 -F. Report and recommendation by the Executive Director of the Alameda Reuse and Redevelop-
ment Authority (ARRA) for the proposed 1997 budget for ARRA lease revenue.
Executive Director Miller stated that the significant lease revenues being generated will allow the
ARRA fund implementation activities that OEA and the State will not fund, pay for maintenance
and upkeep of leased buildings, and provide the match money for the $3 million EDA grant for
structural upgrades to eight buildings which can then generate revenue. Member Daysog announced
that he would recuse himself from this discussion and vote. Member DeWitt requested that staff
prepare future budgets using the City's budget format. Member Kerr stated that the Navy had been
paid for the deconstruction of some buildings on base and asked if staff had put out bids for people
to pay ARRA to deconstruct buildings. Executive Director Miller replied that one of the budget
items is for a deconstruction/demolition demonstration project for $24,000. This model project is
being sponsored by the EBCRC as a model for base closures around the country. Member Swanson
added that the objective of the EBCRC in this project is to prove to the federal government that it
can be done for a specific cost to try and entice the federal government to become a partner with
LRAs to share some of the cost in deconstruction. This investment may provide a return if these
projects are successful. Mr. Swanson stated for the record that when we the conversion effort began
it was forecast that the activities of the base could cost the City treasury up to $10 million. It became
clear that planning and strategies would have to be formulated that would lead to revenue - generating
activities at the base. Now, when the base is just in the preliminary stage of being turned over, the
fact that a budget has been submitted for approval that is based on lease revenues is very impressive.
It requires some pause and consideration that the plan is working and we are on the right track.
Lease revenues will grow and although there are hurdles to be overcome it represents a plan that is
coming together and represents a job well done.
Chair Appezzato stated that it is miraculous what this community has accomplished in the four years
(this summer) since base closure was announced. With minimal staff and despite major
impediments, we have been succeeding. The goal was not to tap the general fund for base
conversion and it has not been necessary to do so to. Many Naval officials he has spoken to say that
Alameda, if not number one in the base conversion process, is definitely tied for that position with
almost any other base conversion in the country. A preliminary budget based on lease revenues is
exciting. He closed with a "well done" to all involved.
Member DeWitt commented that he is very pleased with the budget and the number of leases we
have but is still nervous because the budget still falls approximately $2 million short of what we will
need once the Navy stops helping us. He added that we must be diligent to market and use the
property wisely.
Member DeWitt moved to accept the budget as presented by the Executive Director. Member
Kerr seconded the motion, which passed with a unanimous voice vote: Ayes: 8. Noes: 0.
Recused: 1 - Daysog. Absent: 0.
3 -G. Report and recommendation that the ARRA authorize the Executive Director to enter into an
MOU with the CIC— subject to ratification by both CIC and ARRA —to conduct an RFP process
to select a developer to purchase the East housing for development.
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Executive Director Miller stated that the March 15 workshop on cash flow analysis indicated that
the best mechanism to maximize early revenues to the ARRA for East Housing would be to sell the
property to a developer for redevelopment. Sitting as the CIC, Councilmember Kerr had asked the
CIC staff to look at the possibility of issuing a Phase 2 RFP to the FISC developers to also redevelop
the East housing. As the property in East Housing would come through the Economic Development
Conveyance to the ARRA (since it is not a part of an existing City redevelopment project area), the
only way the CIC could move forward was if they were requested to do so by the ARRA. That is
the action being requested this evening. Ms. Miller continued that by adopting the budget earlier,
the ARRA authorized $75,000 of lease revenue proceeds to be transferred to the Community
Development staff to develop an RFP and begin a developer selection process for the East Housing.
Member Daysog stated his preference that East Housing be integrated with the FISC development
and limited to the three FISC developers for efficiency in the perspective of both the developer in
matching East Housing to the FISC development to ensure appropriateness and efficiency in
administering the development process. A thorough discussion followed of the pros and cons of
limiting the RFP to the three FISC developers versus opening it up to other residential developers
to provide the broadest field of concepts and proposals.
Member Daysog moved to accept the recommendation with an addendum to limit the RFP for
East Housing to the three FISC groups: Martin, Catellus, and Lincoln Properties. Member
Kerr seconded the motion. Chair Appezzato asked the General Counsel if this motion would
require the vote of three councilmembers or a simple majority of the ARRA. General Counsel
Carol Korade answered that a simple majority of ARRA would carry the motion. The motion
failed by the following voice vote: Ayes: 3 - Daysog, Kerr, Lucas. Nays: 4 - Appezzato, DeWitt,
Ornelas, Swanson. Abstain: 2 - Chan, Leonhardy.
Member DeWitt made a motion to accept the recommendation with the change that the RFP
should be available to all qualified developers, not just residential developers. Alternate
Ornelas seconded the motion, which passed by the following voice vote: Ayes: 6 - Appezzato,
Chan, Daysog, DeWitt, Ornelas, Swanson. Chan. Noes: 2 - Kerr, Lucas. Abstain: 1 -
Leonhardy.
3 -H. Report from the Executive Director on the background and current status of the Pan Pacific
University (PPU) use proposed for a 65 -acre site at NAS Alameda and recommendation that the PPU
use proposal be terminated and an alternative use be found for the 65 -acre site.
After a short introduction from Executive Director Miller, Member Lucas stated that she was glad
this had finally come to the ARRA board. She further stated that PPU was not financially qualified
and was proposing a non - accredited school which would have been second -rate. She agreed with
the staff report recommendations and proposed to expand recommendation #2 to insure that In the
campaign to find other users, the following parameters should be followed: (1) Financial
qualifications should be required at the outset to ensure there is financial stability; (2) Ensure the
plan submitted by the applicant is for a first -rate accredited school. (3) The idea of a school is
good —look at nationally accredited schools and open it up for a national bid.
Member Chan asked where we are in the issue of the Tidelands Trust. Executive Director Miller
replied that the Tidelands Trust was not only a problem for PPU but would be for any user in that
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area. If we have another university we will be faced with the same issue of having to free it from
the trust. Many other users would have the same kind of restriction. ARRA staff and State Lands
have jointly selected an appraiser to look at properties that we would propose to trade into the trust
as well as properties to be freed from the trust. Once the appraisal is completed there will be an idea
of the cost to other users to free the property from the trust for non -trust uses. Member Chan asked
if a scaled -down request had been received from PPU. Ms. Miller referred to a letter from PPU's
attorney expressing interest in a scaled -down campus to lease the BEQ, the kitchen, the BEQ 2 and
BEQ 4, beginning with about 800 students in undergraduate programs. They have not yet submitted
a proposal but they have been advised that financial viability, programs, and accreditation questions
would still apply to the scaled -down campus.
Member Chan clarified that the recommendation would not preclude PPU from pursuing a scaled -
down proposal and Ms. Miller agreed that their proposal would be entertained along with any other
user. In response to a question from Member Swanson, Executive Director Miller explained that
PPU originally came through the Public Benefit Conveyance process, similar to the museum and the
school district. When the delineation of the Tidelands Trust area and its implications became clear
there were two PBCs —the museum and PPU— that were impacted. Given that information, the
Department of Education determined that they could not convey Tidelands Trust property through
a PBC process to PPU. Now that PPU has proven non - viable, the property can be leased and will
produce revenue. The Community Reuse Plan designates the area as mixed -use, therefore a change
is not required except to delete the references to Pan Pacific University as a lessee under no -cost
conditions.
Alternate Leonhardy respectfully requested that the item be tabled for one month to give Pan Pacific
University time to respond and submit an alternative plan for their finances. Member Lucas pointed
out that two of PPU's sponsors withdrew their support, they had not met their fundraising deadline,
and apart from the promise of the $3.5 million, there is no evidence that it exists. Member Swanson
stated that although he originally supported the project, the ability to perform has not been
demonstrated. The ARRA has been fair and has a fiduciary responsibility and so it is time to move
on. If PPU comes forward with a credible, fully- financed proposal, it will be discussed.
Member Daysog moved that the Pan Pacific use proposed for a 65 -acre site at NAS Alameda
be terminated and an alternative use be found for the 65 -acre site, with the Member Chan's
proviso that they can resubmit a scaled -down proposal without prejudice. Chair Appezzato
clarified that the motion included all the recommendations, with Supervisor Chan's proviso
plus the additional financial scrutiny proposed by Member Lucas. The motion was seconded
by Member Lucas and passed by a unanimous voice vote: Ayes: 9. Noes: 0.
4. ORAL REPORTS
4 -I. Briefing by Raj appan & Meyer on transportation access limitations and impacts on development
potential.
D. Paul Tuttle stated that the financial workshop included a discussion of the limitation in
development of the site due to the traffic conditions through the tubes. In response to a request by
the ARRA governing body for a presentation by the traffic engineering firm, Keith Meyer of
Raj appan & Meyer, would present the results of the detailed street improvement plan they had been
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developing for the entire site. Mr. Meyer stated that Alameda Point is a unique site with immense
recreational and commute possibilities. He presented a brief background of their study and an
overview of the transportation constraints and possibilities. Their comprehensive transportation plan
includes transit, bikeways, roadways, and the need and potential alignment for a new estuary
crossing. It also considered transportation alternatives such as auto, bus, bike, transit ferry /water
taxi, amphibious bus, electric shuttle, and light rail.
Member DeWitt moved to accept the report. The motion was seconded by Member Daysog
and passed by a unanimous voice vote: Ayes: 9. Noes: 0.
4 -J. Oral report from the BRAG updating the ARRA on current activities.
Doug deHaan, representing Chair Lee Perez, recognized the outstanding efforts of Diane
Lichtenstein and her Community Involvement Work Group and other BRAG members for all their
work on the decommissioning ceremony for NAS Alameda. He reported that the Airfield Task
Force is in the process of finalizing their recommendation and the Recreation Task Force is finishing
their work on the Sports Complex. BRAG has had an initial meeting with East Bay Regional Parks.
A recommendation on the museum is being worked on. The Environmental Work Group has been
concerned about the refuge during the transition period between the Navy's decommissioning and
before Fish & Wildlife takes over; the BRAG group is actively pursuing their questions. Docent
training for the wildlife refuge will be held this Saturday, May 9. The Educational, Technology and
Business Consortium is now in place; they have their temporary officers and their second meeting
will take place on Friday. He added that this is an important step in marrying the businesses coming
to the base with the education and technology sectors.
4 -K. Written report from the Executive Director updating the ARRA on:
(1) Airfield workshop on June 4; (2) BCDC Port Priority designation; (3) Alameda Naval Air
Museum application; (4) ARRA move to Building #1; (5) Housing lay -up; (6) Leaseback of housing
to Coast Guard; (7) MARAD /Trident contracts consummated; (8) EDA grant funding; (9) Economic
Development Conveyance negotiations; (10) Update on the Hornet Foundation; (11) NAS
Commissary closing July 26; (12) Refuge management plan; and, (13) NAS Alameda post closure
gate access and security plans.
Chair Appezzato stated that copies of the written report were available and he invited
comments /questions by exception. Executive Director Miller clarified that on item 1— Airfield
Workshop, the June 4 date is not viable. Therefore, the regular meeting of the ARRA will be held
on June 4. She asked that the ARRA governing body hold June 19 as a possible alternate date for
the workshop. Also, item 12 Refuge Management Plan stated that the plan would be forthcoming
soon. Fish & Wildlife, however, is now projecting mid -June as the earliest they can have the draft
plan available.
4 -L. Oral report from the Executive Director (non- discussion items).
None.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
Neil Patrick Sweeney, an interested citizen, stated how proud he was that Ardella Dailey had been
appointed that night as the Alameda Unified School District representative to the BRAG and Chair
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of the Education Work Group, as she has worked hard since day one with the NAS Alameda
conversion. He added that yesterday, May 6, was National Teacher's Day and Ardella Dailey along
with all teachers, deserve support and we must show them that we appreciate their help.
Merry Bates , Island Cats Rescue Association, spoke against the trapping/killing of feral cats on
base, urging a nonlethal solution such as trap /test /alter to reduce the feral and stray cat population.
Terry Walters read a letter from Mimi Cary, chair of the Berkeley Humane Commission urging the
ARRA and Navy to meet with the many private groups such as CC4C (Community Concern 4 Cats)
that trap, test, vaccinate, alter, and adopt/relocate cats, to explore a less antiquated method of solving
the abandoned cat problem.
Karolyn May Lount, an Alameda citizen and owner of 18 cats, stated that it is time that we, as a
community, take a stand and enforce existing laws against [relocating military families] abandoning
pets.
Bill Smith, interested citizen, discussed a two -way monorail and electric water taxis. He suggested
that East Housing is an excellent place for people on welfare and discussed the merits of employee
ownership of businesses.
Richard Neveln, a concerned citizen, shared his vision of a limited use airfield hosting international
air shows that would return a half - million dollars or more for a few days of discomfort. He
suggested that ARRA research/contact communities that have hosted successful air shows.
6. COMMUNICATIONS FROM GOVERNING BODY
Member Kerr stated that she wanted to make a brief comment for Vice -Chair Swanson's benefit.
An overriding concern is that cats that are trapped are able to be brought into City shelters so that
adoptable animals can be identified and not killed before the determination is made. The Alameda
Humane Society has a fine shelter and a dedicated group of people and Island Cat Rescue is
spending their own time and money on spaying and neutering.
Member Swanson stated that Fish & Wildlife is going to have to provide a specific explanation of
what they plan to do with strays in their management plan .
In response to a request by Member DeWitt, Member Daysog motioned to reopen 4K.5— Housing
lay -up. The motion was seconded by Member Kerr and passed by unanimous voice vote: 9.
Member DeWitt requested that the Executive Director proceed with the feasibility study for leasing
of West Housing, which includes the `Big Whites" and the single - family homes aboard the base.
Member Kerr stated that during a redevelopment conference she had attended in Monterey, they
had discussed the concept of a Project Area Committee —which is now required under certain
circumstances where people live in a redevelopment area. If the timing of the redevelopment area
formation is right, the people living within the redevelopment area have a say in electing people to
the Project Area Committee. There might be a liability there because people who have only a
temporary interest in the City might become the people who elect representatives to the Project Area
Committee. The Project Area Committee opinions stand unless they are overridden by a 2 /3rds vote
of the redevelopment authority —the CIC in this case. The power would be very real and could even
make the BRAG somewhat superfluous. She suggested that in planning for any temporary leasing
of housing that be considered.
A motion to accept the report [4K.5] was made by Member Daysog, seconded by Member
Kerr, and passed unanimously: 9.
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Member Daysog stated that he wants to emphasize that East Housing must be developed to highest
and best use and that will be his Holy Grail for the following months.
7. ADJOURNMENT
The meeting was adjourned by Chair Appezzato at 8:28 p.m.
Respectfully submitted,
Margaret E. Ensley
ARRA Secretary
/mee
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO:
FROM:
SUBJ:
Honorable Members of the
Alameda Reuse and Redevelopment Authority
Kay Miller, Executive Director
Report from the Executive Director recommending approval of the recommended
priorities for the ARRA's 1998 grant application to the Economic Development
Administration.
Background:
Currently, the Alameda Reuse and Redevelopment Authority (ARRA) has a pending $3 million final
grant application with the Economic Development Administration (EDA) for the 1997 Federal Fiscal
funding cycle to do building upgrades at the Alameda Naval Air Station (NAS). The source of the
funding is EDA Title IX Base Conversion funding. In June of this year, the EDA regional office
requested the ARRA submit a pre- application for the 199.8 EDA Title IX grant funding cycle.
Regional representatives of EDA have indicated the ARRA could be eligible to apply for between
$3.5 and $4.5 million from the Title IX fund. As in the recent past, EDA officials also asked the
ARRA and the City of Alameda to meet together to set priorities for Alameda's EDA grant
application. In 1996, the ARRA received a $450,000 planning grant from EDA for a building
upgrade and street improvement plan. Also in 1996, the City of Alameda received a $3 million EDA
Title IX Grant for Main Street road and flood improvements immediately outside the base.
Discussion:
ARRA and City staff met and established the following priority list for 1998 EDA funding based
on four criteria: (1) eligibility for EDA Title IX funding; (2) availability of required local match;
(3) job creation —a priority for EDA grant funding; and (4) immediate need.
ACET (Alameda Center for Environmental Technology) $325,000
Last year the ARRA approved applying to EDA for an implementation grant for the Alameda Center
for Environmental Technology (ACET) to create an incubator at NAS. ACET has nearly completed
all the planning work from its original EDA grant. In early 1998, it is anticipated ACET will be
ready to proceed with implementation of the environmental incubator -- similar to the .advanced
transportation incubator CALSTART.
NAS Electrical Trunk Feeder Improvements $515,000
The Navy's existing trunk feeder system is not flexible or adequate to serve base reuses. There are
longer outages for NAS reuse customers, it is potentially unsafe to operate, and it lacks proper
protection for electrical equipment. To improve the system, the ARRA's utility study recommended
interim and long -range trunk feeder modification project improvements. In general, the developer
of a new project provides the cost of trunk feeder extension. Alameda's existing ratepayers do not
subsidize the cost of trunk feeder extensions in any new development. For Alameda Point, the
ARRA is the developer and would normally modify trunk feeders by the Bureau of Electricity's rules
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
and regulations. The Alameda Bureau of Electricity will manage this grant. This is a phased project
to be completed over five years at a total cost of approximately $2 million. These improvements are
needed to provide adequate service to attract businesses to NAS.
Tinker -Tynan Extension $1.1 million
Currently there is no direct access to the Fleet Industrial Supply Center (FISC) area of NAS. This
was not a problem for the Navy, which wanted to limit access, but negatively impacts the
development opportunities for the NAS FISC site — which, other than the transportation constraints,
has the earliest redevelopment potential. The development of Tinker -Tynan will also alleviate the
traffic problems projected by providing direct access from the tube west to the central core of the
base. If only Atlantic Avenue is used (which is the only existing access), Atlantic becomes
overloaded. An additional east/west connection is essential. Also, the development of Tinker -Tynan
opens up the whole area and will provide direct access from NAS residential neighborhoods east to
the rest of Alameda — including the commercial and shopping center areas east of the base. The $1.1
million will pay for design, engineering, and environmental work. It is anticipated that when the
City of Alameda planning for this road complete, the developer of the FISC site will assume
responsibility for actual development of the road. This grant will be managed by the City of
Alameda Public Works Department.
NAS Building Upgrades $2.515 million
Originally in 1997, the ARRA had requested $5 million for the first phase of NAS building
upgrades; however, EDA reduced the ARRA's grant request to $3 million. The buildings to be
upgraded were included in the Building Upgrade Study funded by EDA. Improved buildings are an
immediate job generator that will provide revenue to the ARRA for infrastructure and other building
upgrades.
Alameda Waterfront Improvement Study $45,000
The City's goal is to make the northern waterfront more attractive and usable as a valuable
recreational and open space resource for the community's use and to establish a BCDC approvable
master plan and design standards for the 100' wide band at the waterfront. BCDC approval of a plan
is necessary for the waterfront dedication. Also, to make it a more integral part of the City's existing
pattern of streets and blocks, this study would evaluate the feasibility of extending up to three streets
northward to the waterfront. This study will be matched and managed by the Alameda Community
Development Department.
Should EDA determine any of these new proposals are ineligible for funding, it is recommended that
the funds be reallocated to the next phase of NAS building upgrades -- which as a job generator is
a very high priority for EDA.
Fiscal Impact:
EDA requires a $1.5 million cash match (25 %) for a $4.5 million EDA grant. ACET will be
responsible for its share of the match, the City Public Works Department anticipates it will have the
match for the Tinker -Tynan project, the Alameda Bureau of Electricity has the match for the trunk
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 3
feeder, the ARRA will use lease revenue to match the building upgrade funding, and the Community
Development Department has local match for its grant request.
Recommendation:
It is recommended that the ARRA support the proposed list of priorities developed by the ARRA
and City of Alameda staffs, and authorize the ARRA's Executive Director to work with the various
entities to submit two pre- applications to EDA in June —one for the proposed construction priorities
and one for the proposed planning activities.
Respectfully submitted,
Kay Miller
Executive Director
KM/mee
C:\MARGARET\ARRA\STAFF REPIPRIORITY. EDA
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO: Honorable Members of the
Alameda Reuse and Redevelopment Authority
FROM: Kay Miller, Executive Director
3
SUBJ: Report and recommendation from the Executive Director for changes and
clarifications to applicable sections of the NAS Alameda Community Reuse Plan to
add 17 acres to the City of Alameda's Public Benefit Conveyance request for a
Sports Complex, and other changes and clarifications to Section 8.0, Property
Disposal Strategy.
Background:
ARRA staff has received one recommendation that requires minor changes in the Community Reuse
Plan (Plan). This is a request from the City of Alameda Recreation and Park Department for 17
additional acres to be added to its Public Benefit Conveyance (PBC) request for a Sports Complex.
This recommendation was considered by a special BRAG Recreation Task Force, which
recommended its approval to the BRAG (Attachment 1).
The BRAG considered the recommendation at its May 21, 1997 meeting and voted unanimously to
accept the recommendation and forward it to the ARRA. ARRA staff concurs in this
recommendation. The first recommended set of changes to the Plan would reflect this change.
The second recommended change to the Property Disposal Strategy, Chapter 8 reflects the governing
body's recent decision regarding Pan Pacific University (PPU) and direction to staff to eliminate all
specific references to the university.
Finally, at the March 15 Economic Development Conveyance Workshop, the EPS consultants
described the financial implications of several different conveyance strategies. Staff has concluded
that we should come to closure on two of these alternatives: (1) to include the Marina area as part
of our EDC application and not pursue a Port Development Conveyance, and (2) to affirm our
decision to include the Northwest Territories as part of our EDC application.
Discussion on Proposed Changes 1-4:
Changes and clarifications to the Community Reuse Plan fall into four categories, all related to the
ARRA's disposition strategy:
1. Parks and Recreation Request (PBC)
2. Pan Pacific University Request (PBC)
3. Port Development Conveyance Request (PDC)
4. Northwest Territories golf course (part of EDC request)
Following is a summary of recommended plan text and plan map changes. Wording to be added is
underlined and wording to be deleted is indicated by strikeout.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
Proposed Change #1 - Parks and Recreation (PBC) Request
The Community Reuse Plan speaks to future park and recreation needs in numerous sections
throughout the document, including the Land Use Element (Section 2.0), the Open Space and
Conservation Element (Section 5.0), the Parks and Recreation, Shoreline Access, Schools and
Cultural Facilities Element (Section 6.0), and the Property Disposal Strategy (Section 8.0). Within
each section the Plan discusses a sports and recreation facility developed around the existing
swimming pool and gymnasium without specifying the exact size of site requested through the PBC
process. Plan maps indicate the location of the PBC request from the City's Recreation and Park
Department.
Discussion — Proposed Change #1:
After considerable study and further planning, design, and financial analysis, the City's Recreation
and Park Department has requested a modification in the size and scope of the City's PBC request
for park uses. This recommended change would add properties to the City's PBC request for the
development of a community -wide Sports Complex. The additional property requested is approxi-
mately 17 acres located in the Northwest Territories and 20 acres north of Building 20. Both parcels
are west of the Main Gate adjacent to the pool (Building 76) and gymnasium (Building 134). (See
Attachment 2 for a map indicating the location of this property.)
The existing Plan retained these portions of sites to be requested through an EDC application to
allow greater flexibility in reuse of the property. With the finalization of the City's Sport Complex
plan, the enlarged PBC would allow the property to be transferred to the City at no cost. If the
financing of the Sports Complex is not accomplished in the near -term. (a City parks bond would be
required for implementation), the land would be held in perpetuity for future parks use and future
development.
Recommendation — Proposed Change #1:
While the land use classifications and definitions in the Community Reuse Plan are general and
flexible enough to cover a minor shift or modification in the City of Alameda Recreation and Parks
PBC request, formally adopting the following modifications will make the ARRA governing body's
intent more clear and direct to the Navy in the final review and adoption of the ARRA's EDC
application and in the processing of the City's PBC applications. Staff recommends that the
appropriate sections of the NAS Community Reuse Plan be amended as shown below to include the
additional request by the City's Recreation and Park Department.
Specific Modifications:
Section 2.0 Land Use Element and Land Use Plan Map (pages 2 -1 through
Change in Land Use Map:
Extend the parks and recreation land use classification color code west to cover the
requested by the City of Alameda for redevelopment as a regional sports recreation
9).
Changes in Plan Text (page 2 -13)
Civic Core
2 -28)
additional lands
facility (page 2-
Pacific University, an institution foeusscd on international tradc and commerce in the Pacific
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 3
between the Alameda Parks and Rccrcation Department and Pan Pacific University.
Approximately 740,000 square feet of existing structures have bcn requested by Pan Pacific
thc Pars and Rccrcation Department.
The northern portion of the Civic Core is intended for reuse as a mixed -use office and
institutional center allowing for a wide range of employment, educational, and commercial uses.
Existing recreational buildings and facilities along the northern edge of the Civic Core.,
including the existing gym, pool, and Officers' Club are intended to be redeveloped for parks
and recreational uses by the City of Alameda Recreation and Park Department.
Section 5.0 Open Space and Conservation Element (pages 5 -1 through 5 -16)
Changes to Plan Map (page 5 -2)
Extend the parks and recreation land use designation west of Taxiway Echo to include 17 additional
acres in the Northwest Territories for parks and recreational purposes.
Section 6.0 Parks and Recreation, Shoreline Access, Schools and Cultural Facilities
Changes to Plan Map (page 6 -4)
Add the Parks and Recreation land use designation to the northern site of the Civic Core area
extending west to include 17 additional acres of land in the Northwest Territories.
Changes to Plan Text (page 6 -5)
Gampus-Relat-ed Civic Core Recreation Area
The existing Navy recreation area framing the northern edge of the parade ground will be
conveyed to the Alameda Recreation and Park Department for reuse. The proximity to the
campus arca Central Administrative Core makes these facilities ideally situated for joint use
between thc university and public recreation department public recreational use. The City's
Recreation and Parks Department will study the feasibility of reusing existing recreation
buildings including the Officers' Club, gymnasium, and swimming pool to create a community-
wide Sports Complex. Existing outdoor facilities — including soccer fields, a tennis court, and
ballfields —will be used and additional sports fields and active recreational facilities will be
developed.
Parks and Recreation Policies (page 6 -6)
66 -77 Explore the potential to develop a community Sports Complex in and around the
existing Main Gate, gymnasium, and swimming pool for a variety of active
recreational needs for the City and region, including a major swimming complex,
baseball fields, soccer fields, tennis courts, and other sports activities.
Section 8.0 Property Disposal Strategy (pages 8 -1 through 8 -18)
Community Reuse Plan (page 8 -9)
2) City of Alameda Parks and Recreation Department
Through the Department of the Interior, the City will receive title to a number of recreation
facilities, including the gym, pool, and Officers' Club to manage for general public use. As part
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 4
of this recommended conveyance, the City would also receive property it can develop for
additional sports fields.
Changes to Table: (page 8 -8)
Table 8 -5
Recommended Public Benefit Conveyances (a)
Agency /Organization Proposed Use Navy
Building
Number
City of Alameda Recreation Pool, gym, 76, 134,
and Park Department recreation 60
areas, open
space
Navy
Parcel
Number
92,93,94
95,96,97
101,37,38,
60, portions
of parcel 23
and 61
Property
to be
Transferred
landlbuildings
Change to Plan Map: (page 8 -18)
. Extend the size of the Public Benefit Conveyance designated areas to encompass areas west of the
swimming pool and gymnasium, including 17 acres in the Northwest Territories on runway 7 -25.
Proposed Change #2 — Pan Pacific University (PBC) Request.
The ARRA has taken action to no longer consider Pan Pacific University as viable Public Benefit
Conveyance use.
Pan Pacific University's request for a public benefit conveyance is covered in Section 8.0, Property
Disposal Strategy (pages 8 -12 to 8 -15).
"...the ARRA will maintain long -term control over all buildings occupied by public or quasi -
public users. Should these uses provide to be non - viable over some period of time, the ARRA
can move quickly to replace the user, without the property having to go back through the federal
property disposal process. (EDC 's Public and Quasi - Public Users: page 8 -13)"
"...ARRA proposes to include the PPU property as part of its EDC application. These facilities
will be leased to PPU at a nominal cost as required. This will allow the ARRA to lease
buildings to other job generating users until they are required by PPU, or to immediately find
other job generating tenants should PPU not succeed (8 -14 Pan Pacific University)."
Discussion — Proposed Change #2:
At the last meeting of the ARRA, the governing body took action to omit Pan Pacific University
from its Community Reuse Plan for failure to perform the requirement to provide proof of financial
capability to perform. The PBC process and the Community Reuse Plan require PBC applicants
such as PPU, the Hornet Foundation, the Alameda Naval Air Museum, and any other conveyance
request, provide proof of financial ability to carry out the proposed project and provide a detailed
business plan. These requirements, in the form of a business plan and letter of credit, performance
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 5
bond, or other proof of credit to carry out the proposed project, were not provided by Pan Pacific
University within the time limit agreed upon by PPU and the ARRA.
While a change in the Plan is not required, further clarification of a PBC's failure to perform would
help clarify the recent changes in ARRA's commitment to Pan Pacific University through the PBC
process.
Recommendation — Proposed Change #2:
Staff recommends that the ARRA governing body add the following language as an addendum to
the Community Reuse Plan to clarify findings regarding Pan Pacific University.
Specific Modifications:
Section 8.0 Property Disposal Strategy (pages 8 -14 to 8 -15)
Changes to Plan Text:
EDC's Public and Quasi - Public Users:
3) Pan Pacific University
After review of the PBC proposal and detailed plans for Pan Pacific University (PPU) the
ARRA finds that PPU has failed to provide a sufficient and adequate business plan or proof of
financial ability to carry out the intended project (performance bond, financial letter of credit,
cash) in the time agreed upon between the ARRA and PPU.
The ARRA has determined that Pan Pacific University not be granted lands through the base
closure process (either a no -cost leaseback or a Public Benefit Conveyance) and that all requests
for such property through the base closure process be denied. In the event that Pan Pacific
University provides sufficient proof of financial viability and an acceptable business plan, the
ARRA retains the right to lease properties to PPU through the normal ARRA leasing process.
Change to Plan Map (page 8 -18)
The map will be modified to eliminate portions of the administrative campus area in Civic Core as
an EDC for Public or Quasi- Public Uses (Attachment 3).
Proposed Change #3 — Port Development Conveyance Application
The ARRA is asked to reconsider the strategy of requesting the Marina area of Alameda Point
through a Port Development Conveyance.
NAS Community Reuse Plan (page 8 -12, Port Conveyance)
The Community Reuse Plan addresses the mechanism of a Port Development Conveyance (PDC)
in Section 8.0, Property Disposal Strategy, where it states:
"An early determination of the appropriateness of the Port Conveyance mechanism will be
necessary for the ARRA to proceed with its business plan required a part of the EDC
application."
Discussion — Proposed Change #3:
Upon completion of the detailed EDC economic analysis (cash flow model), its has been determined
that the development value of the Marina areas would be greater for the ARRA (and the Navy) if the
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 6
land is not taken through a Port Development Conveyance (PDC) application but through the EDC
process.
As a mixed -use Marina, the financial cash flow model predicts the PDC would not produce a "break
even" project. The redevelopment costs of the area are too high to be self - sustaining within the
Marina project area alone. The PDC process may also require the City hold portions of the property,
making sites available for development only through a long -term lease arrangement with developers.
The EDC process would allow the ARRA more flexibility to sell the Marina area property and thus
provide greater cash flow in the early years of redevelopment when the City faces a greater financial
burden for paying for redevelopment expenses.
In addition, some of these lands may be needed for trade -out of the Public Trust to allow for a
Marina housing development. A PDC process could confuse the Public Trust process, which does
not permit housing to occur in a mixed -use Marina.
Recommendation — Proposed Change #3:
Staff recommends that the property in the Marina area not be requested through a Port Development
Conveyance but as an Economic Development Conveyance and the appropriate section of the Plan
- be modified to reflect this change.
Specific Modifications:
Section 8.0 Property Disposal Strategy
Changes to Plan Text (page 8 -12)
After further analysis its has been determined that the Port Conveyance mechanism is not as
appropriate or financially feasible, and that this area should be developed as a mixed -use Marina
development and all properties included in the ARRA's EDC request.
Corrections to Property Disposal Map (page 8 -18).
The Property Disposal Map will be modified to eliminate the Port Development Conveyance from
the Marina area (Attachment 4).
Proposed Change #4 — Include Northwest Territories Golf Course Site in EDC Request
A portion of the Northwest Territories can only be developed as open space and recreation uses
because of the restrictions placed on the site by the Department of the Interior, U.S. Fish and
Wildlife Service. The ARRA has discussed the potential of requesting this property from the Navy
through the Public Benefit Conveyance process (a no -cost transfer).
Community Reuse Plan
The Community Reuse Plan presently designates the Northwest Territories site as a mixed -use
development site for light industrial, R &D and parks, recreation and open space uses (golf course)
to be requested for transfer through an Economic Development Conveyance application.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 7
Discussion — Proposed Change #4:
A minor change in the Plan would clarify that 17 acres in the eastern portion of the site would be
requested for transfer for a City Sports Complex. In addition, an explicit policy statement by the
ARRA governing body would clarify the ARRA's intent to request the transfer of the remaining
portion of the site as part of the ARRA's EDC request. Additional language in the Plan could also
specify that the site could be used as a dredge spoils disposal site, allowing open space and a golf
course constructed on top of the fill.
If the Northwest Territories are conveyed as a PBC to the City for parks and recreation purposes, the
site would remain in perpetuity for park uses. PBC rules restricts any revenue generated from sites
designated for parks and recreation uses. It is anticipated that any potential revenues derived from
this site (dredge spoils revenue, lease revenues from golf course development, etc.) will be needed
to help offset overall infrastructure cost for the rest of Alameda Point.
Additionally, PBC rules restrict the range of potential uses for the site to recreational uses only and
some concessions that would be associated with parks and recreational uses. Potentially, the existing
bunkers in the area could be leased for commercial uses (e.g., wine storage, mushroom farm) that
may not be allowed under the PBC process.
Recommendation — Proposed Change #4:
Staff recommends that the ARRA adopt the additional Planning Policy as part of the Community
Reuse Plan. The new policy statement would clarify that the park lands along the waters edge and
the 17 acres for the City Sports Complex would be part of the City of Alameda's PBC and that the
remaining lands in the Northwest Territories will be included as part of the ARRA's EDC
application.
Specific Modifications:
Section 2.0 Land Use Element
Changes to Plan Text:
Northwest Territories (see page 2 -25)
A portion of the northern edge of the existing airfield is designated mixed -use for a future
development site as an international trade and commerce zone, including light industrial uses,
R &D development, warehousing, trade showrooms, and other similar uses. This area may
include a site for the Alameda Science & Technology Center, an institution dedicated to
marrying scientific research and commerce.
The easternmost portion of the Northwest Territories adjacent to the NAS pool and gymnasium
is intended to be developed as part of the City of Alameda Recreation and Park Department
Sports Complex at Alameda Point. This 17 -acre portion will be incorporated into the City of
Alameda PBC Public Benefit Conveyance application.
The remainder of the Northwest Territories will be devoted to recreation and open space uses.
Recreational uses will include a Bay Trail and shoreline park, with Point Alameda Regional
Park at the far northwestern end of the island. The Bay Trail will be the main feature of a
100 -200 foot -wide linear shoreline park that will run the length of the Oakland- Alameda
Estuary and the perimeter of the Northwest Territories, allowing for full public access to the
shoreline. Point Alameda, the tip of the island with panoramic views of San Francisco, the San
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 8
Francisco Bay, and the Golden Gate and Bay Bridges will be preserved as regional park,
allowing fishing and other recreational uses.
The open space areas could include developed recreation uses such as ballfields, soccer fields,
or a Scottish "links" style or "roughs" golf course. A public facility with multiple uses could
be developed to jointly serve as a golf clubhouse, environmental education center, parks and
recreation multi -use center, or retreat and conference center. This area provides recreation
opportunities and acts a transitional zone between more intensive human uses and wildlife
habitat preserved to the south. In addition, the site provides the opportunity for use as an upland
dredge soils disposal site that can be configured with open spaces, recreation and golf course
uses on top of fill.
Northwest Territories Policies:
2 -57
The Northwest Territories will be included in the ARRA's Economic Development
Conveyance request to allow the flexibility for a range of potential economic
development uses on the site both in the near term and potential long term.
Fiscal Impact:
There is a fiscal impact attached to each of these recommendations. The addition of 17 acres to the
Sports Complex PBC will proportionately reduce the property available for economic development.
The Pan Pacific decision could result in substantial additional revenue to the ARRA —EPS projected
as much as $16 million. Changing the conveyance mechanism for the Marina district will add the
cost of the infrastructure associated with that area to our EDC cashflow. However, it would allow
us to sell the property rather than being restricted to leasing. Finally, the inclusion of the Northwest
Territories in the EDC maximizes the flexibility in use of revenues produced by that property.
Recommendation:
The staff recommends that the changes described herein in Recommendation for Proposed Change
#1, #2, #3, and #4 be incorporated into the Community Reuse Plan.
Respectfully submitted,
Kay Miller
Executive Director
KM/mee
Att: #1 - BRAG Recreation Task Force Memo with recommendation on ARPD Sports Complex
#2 - Map showing additional acreage requested by ARPD
#3 - Map showing proposed area where quasi - public use designation would be removed
#4 - Map showing area where it is proposed that PDC would be changed to EDC
C: \M A RG ARMARRA\STA F FREP\P LA N -C HN. G ES
City of Alameda
Inter - department Memorandum
May 7, 1997
Attachment 1
TO: Chairperson Perez
Base Reuse Advisory Group
DRAFT
FROM: Chairperson Chavez
BRAG Recreation Subcommittee
RE: Recommendation for BRAG Action to: Recommend to ARRA to Increase
Acreage through Public Benefit Conveyance to Recreation and Parks Department
for the Alameda Point Sports Complex
Background:
_In November, 1993, the Alameda Recreation and Park Department (ARPD), Alameda Unified
School District (AUSD) and the East Bay Regional Park District (EBRPD) began working to
develop a conceptual plan at NAS Alameda for community use. Their plan identified sites for
potential parks, recreation, education, open space areas and a myriad of activities to provide
quality leisure opportunities and programs for residents of Alameda and the surrounding
communities after base closure in May, 1997. This plan was developed with the understanding
that the land and facilities would be obtained at no cost through Public Benefit Conveyance
(PBC) application.
After holding a number of community meetings for input, a conceptual plan was developed and
presented to the following committees and boards where it received support and approval:
BRAG Recreation Subcommittee and Education Subcommittee (February 1994), BRAG
Environment Subcommittee and AUSD Board of Education (March 1994). On June 8, 1994,
BRAG unanimously endorsed the proposal followed by the Alameda City Council a week later.
During their September, 1994 meeting, the Alameda Reuse and Redevelopment Authority
(ARRA) approved the conceptual plan.
Discussion:
In the Fall, 1996, ARPD received funding through the ARRA to hire a consultant to develop a
Sports Complex Master Plan at NAS Alameda (aka Alameda Point). The firm, Moore Iacofano
Goltsman, Inc, (MIG) was retained to prepare a Master Plan for the Sports Complex based on a
review of recreation and park needs of Alameda and the surrounding areas which this facility will
serve.
The scope of work for this project included the following tasks: MIG conducted meetings with
City staff to finalize a work plan, schedule and logistical requirements to ensure an
understanding of priorities for the Sports Complex and a review of the work that has been
Chairperson Chavez
Base Reuse Advisory Group
May 7, 1997
Page 2
accomplished to date. During the second phase of the project, MIG interviewed staff from other
agencies and special interest groups from the City to explore partnership opportunities, facility
development, recreation programming, scheduling, volunteerism, and fund raising. Four BRAG
Recreation Task Force meetings were scheduled to moderate and identify primary issues facing
the City, and implications for future facility programs, maintenance, organizational development,
management and interagency coordination.
Based on their research, MIG developed recommendations for the Sports Complex that included
economic feasibility, demographic characteristics of the market area, site location and access and
the likely demand that will be generated within the City of Alameda. This information has been
incorporated into the final Master Plan and Schematic Design for City approval.
The MIG team proceeded with due diligence to complete the Sports Complex Master Plan. They
have indicated that, in order to incorporate all of the previously approved amenities into the
Sports Complex, it will be necessary to recommend an additional seventeen.(LZ)_acres of land
(57 total acres) throu•,h PBC. This recommendation will require an amendment to the NAS
Alameda Community Reuse Plan by the ARRA.
Budget Consideration/Financial Impact:
There will be no cost to the City if ARRA approves the MIG recommendation to obtain an
additional 17 acres to build a 57 acre Sports Complex through PBC. Design, construction,
operation and maintenance costs for this complex will be reviewed by the Alameda Recreation
and Park Commission later this year.
Recommendation:
It is recommended that the BRAG, by motion, adopt this request and recommend to ARRA to
amend the NAS Alameda Community Reuse Plan to acquire an additional 17 acres through PBC
for the Alameda Point Sports Complex. This addition will enlarge the Sports Complex to 57
acres total.
Respectfully submitted,
Toby Chavez, Chair
BRAG Recreation Task Force
C:\ OFFICE \W P WIN\WPDOCS\PROPERTY\NAS \CHAV EZ.MEM
cc: Members, BRAG Recreation Task Force
BRAG RECREATIONAL TASK FORCE RECOMMENDATION
On Tuesday, May 14, 1997, the BRAG Recreation Task Force held their final meeting to
review the Alameda Point Sports Complex Master Plan which will be presented to the BRAG
Commission on Wednesday, May 21, 1997. At the conclusion of the meeting, the Task Force
made the following recommendations:
• Recommend approval of the ARPD Sports Complex Report based on the premise that:
ARPD will explore shared usage to reduce capital and maintenance costs.
BRAG's approval includes the goal of the ARPD to achieve a financially self -
sustaining maintenance program.
• Recommend that the BRAG work with ARPD to develop a strategy for integrating the
Sports Complex with other needed Alameda Point recreational uses including:
Conference Center
Golf Course
Marina Uses
- Shoreline Trail
- Network of Neighborhood Parks
Use of Estuary Park and Other Existing Recreational Areas on NAS
This requires further evaluation and consideration of the issues such as:
Consideration of appropriate entities to develop /manage the other recreational
uses.
Analyze viability and financial requirements of other components.
Ensure coordination of economic/recreational opportunities in both the FISC and
NAS areas.
- Develop timeline for construction of the other recreational uses.
Explore shared use of fields within the Depaituient of Interior for the Fish and
Wildlife Refuge.
• Recommend that BRAG and ARPD develop a response to the East Bay Regional
Park's proposal as to its role in the Regional Recreational Program.
• Recommend that the BRAG commend the work of the ARPD Committee and it's
commitment and efforts to date to serve the community's recreational needs.
• Recommend that the BRAG consider either constituting a new task force or continuing
the present task force to address the issues identified above.
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Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO:
FROM:
SUBJ:
Honorable Members of the
Alameda Reuse and Redevelopment Authority
Kay Miller, Executive Director
3 -C
Report and recommendation from the Executive Director that the ARRA governing
body authorize the Executive Director to draft and sign a letter to Naval Sea Systems
Command (NAVSEA), Ships Donation Program, requesting that NAVSEA establish
August 15, 1997 as the deadline for a final donation application for the U.S.S. Hornet
and that NAVSEA make its decision no later than September 30, 1997.
Background:
The U.S.S. Hornet, CV -12, a World War II, Essex Class aircraft carrier with an outstanding record
of valor during World War II, is listed on the National Register of Historic Places. In addition to its
outstanding war record, the Hornet also retrieved the first men to walk on the Moon, crewmen of
the Apollo 11 and 12 missions.
Since March 1995, the Hornet has been berthed at Naval Air Station Alameda while the Aircraft
Carrier Hornet Foundation, a not - for - profit, 501(c)(3) California corporation, has engaged in fund-
raising efforts to save the ship from salvage and establish her as a museum at Alameda Point, a
project approved in concept by ARRA as part of the community reuse plan. The Foundation began
its effort in late 1995 when the ship was already scheduled for salvage. In December 1995, the
Foundation won a reprieve for the ship when NAVSEA agreed to afford the Foundation an
opportunity to fundraise and submit a donation application package. NAVSEA originally gave the
Foundation until January 1997 to prove it had the funds and technical expertise to establish the
Hornet as a museum.
In late 1996, the Foundation submitted an application package. After review in January 1997,
NAVSEA requested additional information and proof of financial commitments. To date, the
Foundation has not responded fully to NAVSEA's request. In essence, the January 1997 deadline
for the Foundation to submit a complete donation application has been unofficially extended with
no mention of a date certain when NAVSEA will cut short the process and make a decision.
Throughout this time, the Hornet, under NAVSEA's authority and control, has been berthed at a pier
at the Naval Air Station, first under an agreement with Commanding Officer, Captain Jim Dodge,
and presently, by permission of Engineering Field Activity West, the caretaker command. In April,
ARRA finalized a lease for the piers after months of negotiations with its port services provider,
Trident Corporation, and with EFA West. Throughout these negotiations, ARRA expected to lease
all three piers; however, NAVSEA requested that EFA hold out the pier space where the Hornet is
berthed, opining that the Navy should not have to pay to berth the Hornet at a "Navy pier" while the
donation decision is pending. Also, NAVSEA pointed out that if the donation could not be made,
the process to finalize scrapping and salvage of the ship could run until the year 2001, so it requested
that the pier space be made available until that date. ARRA's position has been that its lease with
EFA West should include all piers and that the Navy should pay, as the Maritime Administration
does, to berth a ship there. The Hornet Foundation plans to pay ARRA a competitive berthing rate
for the ship. Therefore, ARRA has been eager to learn when the donation decision will be made.
The sooner the Foundation receives the ship, the sooner ARRA may begin to collect berthing fees.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
If the donation application fails, ARRA must aggressively press its case with the Navy to receive
all piers under lease and recover berthing fees while the salvage contracting process is followed.
Discussion:
After numerous phone calls between the Base Transition Coordinator, NAVSEA, and the Hornet
Foundation over the past two weeks, the Foundation has informed NAVSEA that it will either have
funding commitments sufficient for the donation by August 15 or it will withdraw its application.
In a meeting with the Base Transition Coordinator, the Foundation Treasurer, Mr. Ralph Johnson,
was very positive about attaining their financial objectives. The Foundation is in the middle of
substantive talks with major corporations, and Mr. Gerry Lutz, Foundation President, predicts a 97
percent certainty of success. The Foundation was very positive in an informal update to the BRAG
on May 21.
The Executive Director and Base Transition Coordinator spoke with Captain Gordon Peterson of
NAVSEA's Ships Donation Program on May 20 to confirm the process and dates. Captain Peterson
explained that if the Foundation submits its final application on August 15, it would take NAVSEA
approximately six weeks to review and approve the package. Then, finalizing formal contracts may
take an additional two or three months. This time frame is consistent with the schedule staff thought
was reasonable — resolution by the end of the calendar year.
Fiscal Impact:
The Hornet Foundation has agreed in principle to pay a berthing fee equivalent to that paid by
MARAD. If the Foundation's application is approved by NAVSEA, the ARRA will finalize a
berthing services agreement that incorporates the MARAD fee structure. If the Foundation's
application is not approved, ARRA. will enter into negotiations with NAVSEA to obtain a
comparable berthing fee from the Navy or, failing that, to have the ship relocated at the earliest
possible date.
Recommendation:
Staff recommends that the ARRA governing body authorize the Executive Director to draft and sign
a letter to NAVSEA requesting that NAVSEA formalize the August 15 deadline for the Foundation's
final application in the following terms: a) If the Foundation submits an application by August 15,
1997, NAVSEA. will review it and make a decision by September 30, 1997; b) If the Foundation
does not submit a final application by August 15, 1997, NAVSEA will take immediate action to
formally end the donation application window and proceed with the salvage contract process.
If the Foundation is successful, ARRA staff will negotiate with the Foundation to finalize berthing
arrangements for the Hornet. If the Foundation does not submit its final application or is
unsuccessful, ARRA staff will pursue all options with the Navy to obtain a fair berthing fee for the
ship or force its relocation.
Respectfully submitted,
Kay Miller
Executive Director
C: \MARGARET\ARRA \STAFFREP \NA V SEA. HOR
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO: Honorable Members of the
Alameda Reuse and Redevelopment Authority
3 -D
FROM: Kay Miller, Executive Director
SUBJ: Report and recommendation from the Executive Director that the governing body
authorize ARRA staff to prepare and issue an RFP for a property manager to renovate,
lease, and manage all or part of the available units in West housing.
Background:
The ARRA governing body and staff have been deliberating how to ultimately dispose of housing
at NAS Alameda (NAS) and what to do with existing units until ultimate disposition can occur.
Most of the discussion has focused on the East housing at NAS. At its May meeting, the ARRA
governing body directed staff to prepare an MOU with the City Community Improvement
Commission (CIC) for them to act as ARRA's agent in issuing an RFP and selecting a developer to
redevelop the East housing area. Now that the decision has been made on how to proceed with the
disposition of East housing, this recommendation addresses the interim use of West housing.
Discussion:
There are 341 units of housing in the West housing area. According to Navy records, housing units
in the West housing area are broken into three categories:
1. Big Whites. There are 19 Big Whites, 18 three - bedroom units and 1 four - bedroom unit, all
constructed', in 1941. These are two -story units with wood frame construction, a stucco exterior,
combination single and tar and gravel roof, and a single, attached garage with additional on-
street parking available. Grounds associated with these quarters average fifty feet on the front,
rear, and side, up to one - quarter acre.
2. CPO Quarters. The 30 two- bedroom CPO units were constructed in 1941 and 1942. These
units are single -story units with wood frame construction, stucco exterior, with tar and gravel
roofs. Only on -street parking is available for these units. Grounds associated with these quarters
average fifty feet on the front, side, and rear.
3. Other Quarters. Of the 292 units that were constructed between 1964 -1966, there are:
• 32 single -story ranch -style homes (19 four - bedroom units & 13 three - bedroom units)
• 18 townhouses (8 four - bedroom units & 10 three - bedroom units)
• 242 apartments (32 four - bedroom units, 190 three - bedroom units, & 20 two- bedroom units)
These units are all wood frame construction with stucco exteriors and a mixture of composition
shingle and tar and gravel roofs. Parking is available in carports, open parking stalls, and on the
street. Grounds associated with single units extend up to fifty feet on the front, side, and rear. The
grounds area associated with townhouse units includes front and rear for interior units and front, rear,
and side for end units. Grounds associated with apartment units are considered common areas.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
Tidelands Trust Restrictions. All of the Big Whites and a number of the single - family units are in
the Tidelands Trust. Housing is a use that is inconsistent with the maritime uses allowed on Trust
lands. However, we know from discussions and correspondence from the State Lands Commission
staff that it is their intent to allow some inconsistent uses on military bases to be "grandfathered in"
for a period of time. That period is likely to be defined as the remaining useful life of the structure.
Also, properties within the Trust may be leased in the interim for uses inconsistent with the Trust
so long as any structural changes to the property do not render it incompatible for future Trust -
allowable maritime uses. Simply stated, it appears likely that State Lands will allow the use of
housing in the Tidelands Trust area for some period of time. The specific length of an allowable
leasing period needs to be clearly defined with the State Lands Commission.
Homeless Accommodation. Providers from the Alameda Homeless Collaborative have been
promised 89 units in West housing. This includes:
U.A. Housing
RCD
Dignity West
United Indian Nations
San Leandro Women's Shelter
15 CPO units
20 apartment units and 12 CPO units
30 apartment units
8 apartment units, 3 CPO units, and 1 single - family home
Navy Lodge with 72 units that will be reconfigured to 54 units
Fourteen of the CPO units slated for the homeless are in the Tidelands Trust and the term of their
lease must also be approved by the State Lands Commission.
Historic Designation. All of the Big Whites and the two- bedroom CPO single - family units are in
the historic district, which has been determined to be eligible for inclusion on the National Register
of Historic Places. The Navy will submit the National Register nomination for the NAS Alameda
Historic District as part of its base disposal/closure action. Until transfer of the property by deed to
the City of Alameda, the Navy has proposed treating the historic property under the terms of a
Memorandum of Agreement to be signed by the Navy, the Advisory Council on Historic
Preservation, the State Historic Preservation Officer, and the City of Alameda. During any period
of interim leasing, the MOA would provide for maintenance and repair of historic structures.
Repairs must be with in -kind materials and historic appearances, both interior and exterior, must be
retained when possible. Terms and conditions of this MOA would be design and cost factors for
consideration when planning renovation and routine maintenance under the terms of a property
management contract. The proposed MOA also provides for long -term preservation planning of the
historic properties by providing that the City designate the NAS Alameda Historic District a
Historical Monument and afford it all the protection and privileges provided such properties pursuant
to the City's historic preservation ordinance. When the property is conveyed by deed, the district
will be administered exclusively in accordance with City codes and ordinances.
West Housing in Interim Leasing Program Area. The attached memo from the City of Alameda's
Planning Department indicates that the West housing could be leased as part of the City's adopted
interim leasing program without a change in zoning As with any interim lease at NAS, the housing
area would require the appropriate use permits and building permits from the City prior to
occupancy.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 3
Timeline for Redevelopment of West Housing Area. The EPS marketing and phasing study
indicates that the West housing area will not develop as a new residential neighborhood until after
the FISC and East housing areas are developed perhaps as late as 2009. If not used in the interim,
the West housing area will be boarded up, some units will be occupied after the ROD (Record of
Decision) by homeless providers, and the area could experience blight, deterioration, and vandalism.
The Navy will not demolish or deconstruct the units, nor does ARRA staff know of any immediately
available source of funding for this purpose.
For all of these reasons, staff has concluded that the appropriate interim action would be to lease all
or part of the available West housing units and to have the units leased and managed by a
professional residential property manager. Preliminary discussions with the BRAG, the Alameda
Board of Realtors' Executive and Government Relations Committee, and several other groups
indicate there is support for the interim leasing of the Big Whites and single - family homes, a total
of 50 units (of the 32 single - family homes, one is committed to the Homeless Collaborative). The
matter of whether to lease the other available townhouse and/or apartment units or ask the Navy to
board them up is more questionable.
Recommendation on RFP and Selection Process. I recommend that the governing body authorize
ARRA staff to develop and issue an RFP to find a property manager to renovate, lease, and manage
all or part of the available units in West housing. The recommended RFP would call for an initial
proposal pertaining to the Big Whites and single - family units only. An optional "add -on" would
allow managers to make a proposal on the townhouses and/or apartment units as well. The RFP
would clearly state that it is at the ARRA's option to (1) select a manager for all or some housing
areas, (2) select different managers for each of the areas, or (3) reject all proposals.
The anticipated timeline for accomplishing this process is as follows:
June 4 Governing body authorizes the issuance of an RFP
June ARRA. staff develops and issues the RFP
July Bidders conference and proposal development
August 6 Proposal selection and recommendation to the ARRA governing body
While this is an ambitious schedule, it would allow a property manager to be selected, immediately
undertake necessary renovations, and begin leasing to families in the fall.
Selection Process. Staff recommends that the selection of the property management firm be made
by a selection committee consisting of members of the BRAG Housing Work Group, the City
Manager or his designee, and ARRA staff. This selection committee would make a recommendation
to the ARRA governing body on both the property manager selection and the area to be renovated,
leased, and managed.
Fiscal Impact:
Part of the intent of the recommendation to lease all or part of the housing units in West housing is
to produce revenue for the ARRA. The amount of revenue generated will depend on:
• the number of units leased,
• the amount of renovation the property manager must finance prior to leasing,
Honorable Members of the
Alameda Reuse and Redevelopment Authority
• the length of the leasing/property management contract, and
• the skill of the management company in executing the business plan.
May 28, 1997
Page 4
Rather than attempt to speculate on the revenue picture, ARRA staff suggests that the proposals
submitted in response to the RFP will reflect the market economics and potential revenue generation
from various property management scenarios. The selection of the property management firm would
be based in part on the projected net revenue generated for the ARRA. (ARRA staff will come to
the June meeting with low and high potential revenue projections based on assumptions regarding
fix -up costs and rent.)
ARRA staff has the internal resources to develop the RFP in consultation with the City Manager and
appropriate City staff. Consultant assistance might be sought in developing certain aspects or
criteria for the RFP. Any consultant assistance could be paid for under an allowable lease revenue
budget category with prior approval of the City Manager.
Recommendation:
The majority of the BRAG (7 -6) voted to endorse the staff recommendation; however, they
requested their reservations be transmitted to the ARRA. They are concerned that if the townhouse
and apartment units at NAS are leased in the interim, the replacement housing requirement of the
redevelopment plan would or could be triggered. They suggested that this staff report be reviewed
by the City Attorney's office regarding the Kl requirement and its implications for this housing.
ARRA staff will request that this be done prior to the June 4 meeting.
Staff recommends that the ARRA governing body authorize staff to develop and issue an RFP to
find a property manager to renovate, lease, and manage all or part of the available units in West
housing. The recommended RFP would call for an initial proposal to renovate, manage, and lease
the Big Whites and single - family units only. An optional "add -on" would allow property managers
to make a proposal on the townhouses and/or apartment units as well. The RFP would clearly state
that it is at the ARRA' s option to (1) select a manager for all or some of the housing areas, (2) select
different managers for each of the areas, or (3) reject all proposals. Staff further recommends that
a selection committee be formed of members from the BRAG Housing Work Group, the City
Manager or his designee, and ARRA staff to make a recommendation to the ARRA governing body
on both the property manager selection and the areas to be renovated, leased, or managed.
Respectfully submitted,
Kay Miller
Executive Director
KM/mee
Attachment: 2/13/97 Planning Department memo
C:\MARGARET\ARRA \STAFFREP \W -HOU S.ING
City of Alameda
Inter - department Memorandum
TO:
FROM:
RE:
Colette Meunier
Planning Director
Cynthia Eliason
Associate Planner
ce
Interim Leasing of the Big Whites
February 13, 1997
You have requested I review the interim leasing program adopted for
the Naval Air Station to determine whether or not it is possible to
lease the housing units known as "Big Whites." These housing units
are located on base on the west side of Main Street.
The Interim Leasing Program covers the entire Naval Air Station
west of Main Street. The only areas which were excluded were the
facilities on the east side of Main Street which are primarily
housing units and that portion of the base in the southwest corner
which is located in the City and County of San Francisco.
The Initial Study prepared for the Interim Leasing Program did not
anticipate the housing being leased. At that time, it was
anticipated that following Navy use, the housing would be disposed
of through rezoning that portion of the base. With the delays on
the environmental review on the disposal and reuse of the base, the
Record of Decision is now anticipated to occur in May of 1998, . more
than a year after operational closure of the base. The Use Permit
will need to address this change in circumstances.
The uses permitted by the Interim Leasing Program include a
modified listing of uses permitted in the M -2 district. Uses
excluded were those which consume large quantities of water (food
processing, the slaughter of animals, canning operations, and dairy
product manufacturing), because of limitations of the water supply
system at NAS. Housing requires a Use Permit in the M -2 Zoning
District. A.M.C. Subsection 30 -4.11c permits:
"Repair, rehabilitation, or modification of an existing
dwelling unit where continued use of the dwelling unit would
not inhibit attainment of General Plan industrial land use
designations in the vicinity."
An interim use permit could be processed for the lease of the Big
White housing units. An additional finding would need to be made,
in addition to the interim use permit findings, which finds that
the continued use of the Big Whites would not inhibit attainment of
General Plan industrial land use designations in the vicinity. The
closest industrial property is Alameda Gateway. Since NAS is
designated Federal Facilities, not Industrial, on the General Plan
Diagram, we should be able to be make this finding.
g: \specproj \nas \bigwhite.mem
file: NAS - West Housing - Interim Leasing 1997
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO: Honorable Members of the
Alameda Reuse and Redevelopment Authority
FROM: Kay Miller, Executive Director
3 -E
SUBJ: Report and recommendation from the Executive Director that the ARRA governing body
authorize the Executive Director to draft two letters for signature by the ARRA Chair and
Vice -Chair stating the ARRA's opposition to the Navy proceeding with an
environmental screening methodology in which the California Environmental Protection
Agency (Cal -EPA)/ Department of Toxic Substances Control (DTSC) and the U.S.
Environmental Protection Agency (U.S. EPA), Region 9 will not concur. One letter will
be sent to RADM David J. Nash, Commander, Naval Facilities Engineering Command
Headquarters and the second letter will be sent to Office of the Secretary of Defense,
Environmental Security, att: Sherri Goodman.
Background:
The Base Realignment and Closure Cleanup Team (BCT) at Naval Air Station Alameda consists of
Navy environmental staff and representatives of the California Environmental Protection Agency
(Cal- EPA)/Department of Toxic Substances Control (DTSC), U.S. Environmental Protection
Agency (U.S. EPA), and the Regional Water Quality Control Board. The U.S. Navy is the lead
agency for purposes of managing the BRAC cleanup process but, as stated in the Navy's BRAC
Cleanup Plan (BCP), seeks a consensus on decisions with Federal and California State regulators.
The BCP also states, "The environmental programs will comply with existing statutes and
regulations, and all installation restoration program activities will be conducted in a manner
consistent with the Comprehensive Environmental Response, Compensation, and Liability Act
[CERCLA] of 1980 as amended by the Superfund Amendments and Reauthorization Act [SARA]
of 1986."
Initially, the most critical objective of the BCT is to identify potentially contaminated areas.
CERCLA prevents the federal government from transferring property until all remedial action
necessary to protect human health and the environment with respect to any hazardous substance
remaining on the property has been taken. A "covenant" that such remedial action has been taken
must be included in the deed. This covenant is interpreted to mean that the remediation action is
complete or a remedial technology is in place, operating, and proven to be effective in its application.
(There was an amendment passed last year which permits early transfer of contaminated property
under certain conditions; to date, no community we are aware of has taken advantage of this
amendment.)
For most of the past year, the Navy, Cal -EPA, and U.S. EPA have disagreed over the methodology
proposed to screen the property for potential contamination. The Navy developed and proposed to
use a methodology unique to NAS Alameda referred to as the Tiered Screening Methodology; Cal -
EPA/DTSC has insisted that the standard in California is the Preliminary Endangerment
Assessment (PEA). In several meetings with ARRA staff, all BCT members counseled patience,
stating that they "would resolve the issue within a few weeks." The conflict has not been resolved,
and recently there have been oblique references to Cal -EPA issuing a cleanup order to force the
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
issue. In a meeting with ARRA staff on May 20, Cal -EPA personnel would neither confirm nor
deny that a cleanup order was being considered.
On February 21, 1997, U.S. EPA, Region IX, sent a letter to the Navy (EFA West Environmental
Program Center) to clarify its position on the "informal dispute at Alameda regarding the tier 2
screening risk assessment methodology..." U.S. EPA stated, "... we can not [sic] concur with the
Navy's proposal to depart significantly from the risk assessment methodology that we have
consistently required under CERCLA in Region 9. In addition, for any property found suitable for
transfer based entirely on the tier 2 risk assessment calculations in question, EPA will comment on
the Finding of Suitability for Transfer that the Navy can not [sicJ make the covenant under
CERCLA... that all necessary remedial action has been taken with respect to contamination on
property." [Emphasis added.] On April 18, 1997, the Navy responded in a letter to U.S. EPA,
Region IX, stating that the Navy would finalize the Tiered Screening Methodology and complete
screening of the property.
Accordingly, at the May 6, 1997 meeting of the Restoration Advisory Board (RAB), the citizens'
advisory to the BCT, Mr. Steve Edde, the Navy BRAC Environmental Coordinator, informed
members that the Navy would proceed with its Tiered Screening process. Mr. Tom Lanphar of Cal -
EPA then told RAB members that neither Cal -EPA nor U.S. EPA would concur in the Navy's
process. The RAB members voted unanimously to send a letter (attached) in support of the position
taken by Cal -EPA and U.S. EPA.
Discussion:
The ARRA staff has had separate meetings with the Navy on May 15 and with Cal -EPA and U.S.
EPA on May 21, asking each agency to candidly present the basis for its position. As a result of
these meetings, we have determined the following:
• Cal -EPA's PEA methodology is the standard for property in California. Alameda Point property
must be able to compete in the marketplace. If there is the slightest perception that the screening
methodology was not protective of human health and the environment, value of the property will
be diminished, regardless of the actual environmental condition.....
• In the Navy's own briefing, it informed ARRA that if the Navy followed Tiered Screening
methodology, Cal -EPA could issue a cleanup order to ARRA or the City of Alameda after it
accepted ownership of the property. This is not acceptable; on this basis alone, the ARRA
should reject the Navy's position.
• The Navy has proposed including deed restrictions for certain parcels of contaminated property
without the regulatory oversight and public comment afforded by the CERCLA process. A U.S.
EPA legal opinion issued in 1996 states, "Institutional controls, such as deed restrictions, are
classified as remedial action." If the Navy uses such "unilateral deed restrictions," the CERCLA
process, which considers alternative remedies, would be circumvented. ARRA and the City of
Alameda may be pressured to take property with unnecessarily restrictive conditions on use.
• The Navy cites increased cost and time as reasons to follow the Tiered Screening methodology.
Its estimate to conduct the PEA is an additional $8 to $34 million and 6 to 12 additional years.
After speaking with all the BCT members, ARRA staff feels these estimates are greatly inflated.
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO: Honorable Members of the
Alameda Reuse and Redevelopment Authority
3 -F
FROM: Kay Miller, Executive Director
SUBJ: Report and recommendation from the Executive Director to authorize the Executive
Director to draft two letters for signature by the ARRA Chair and Vice -Chair stating the
ARRA's opposition to the Navy proceeding with an environmental screening
methodology in which the California Environmental Protection Agency (Cal -EPA)/
Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection
Agency (U.S. EPA), Region 9 will not concur. One letter will be sent to RADM David
J. Nash, Commander, Naval Facilities Engineering Command Headquarters and the
second letter will be sent to Office of the Secretary of Defense, Environmental Security,
att: Sherri Goodman.
Background:
The Base Realignment and Closure Cleanup Team (BCT) at Naval Air Station Alameda consists of
Navy environmental staff and representatives of the California Environmental Protection Agency
(Cal - EPA)/Department of Toxic Substances Control (DTSC), U.S. Environmental Protection
Agency (U.S. EPA), and the Regional Water Quality Control Board. The U.S. Navy is the lead
agency for purposes of managing the BRAC cleanup process but, as stated in the Navy's BRAC
Cleanup Plan (BCP), seeks a consensus on decisions with Federal and California State regulators.
The BCP also states, "The environmental programs will comply with existing statutes and
regulations, and all installation restoration program activities will be conducted in a manner
consistent with the Comprehensive Environmental Response, Compensation, and Liability Act
[CERCLA] of 1980 as amended by the Superfund Amendments and Reauthorization Act [SARA]
of 1986."
Initially, the most critical objective of the BCT is to identify potentially contaminated areas.
CERCLA prevents the federal government from transferring property until all remedial action
necessary to protect human health and the environment with respect to any hazardous substance
remaining on the property has been taken. A "covenant" that such remedial action has been taken
must be included in the deed. This covenant is interpreted to mean that the remediation action is
complete or a remedial technology is in place, operating, and proven to be effective in its application.
(There was an amendment passed last year which permits early transfer of contaminated property
under certain conditions; to date, no community we are aware of has taken advantage of this
amendment.)
For most of the past year, the Navy, Cal -EPA, and U.S. EPA have disagreed over the methodology
proposed to screen the property for potential contamination. The Navy developed and proposed to
use a methodology unique to NAS Alameda referred to as the Tiered Screening Methodology; Cal -
EPA/DTSC has insisted that the standard in California is the Preliminary Endangerment
Assessment (PEA). In several meetings with ARRA staff, all BCT members counseled patience,
stating that they "would resolve the issue within a few weeks." The conflict has not been resolved,
and recently there have been oblique references to Cal -EPA issuing a cleanup order to force the
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 2
issue. In a meeting with ARRA. staff on May 20, Cal -EPA personnel would neither confirm nor
deny that a cleanup order was being considered.
On February 21, 1997, U.S. EPA, Region IX, sent a letter to the Navy (EFA West Environmental
Program Center) to clarify its position on the "informal dispute at Alameda regarding the tier 2
screening risk assessment methodology..." U.S. EPA stated, "... we can not [sic] concur with the
Navy's proposal to depart significantly from the risk assessment methodology that we have
consistently required under CERCLA in Region 9. In addition, for any property found suitable for
transfer based entirely on the tier 2 risk assessment calculations in question, EPA will comment on
the Finding of Suitability for Transfer that the Navy can not [sic.] make the covenant under
CERCLA... that all necessary remedial action has been taken with respect to contamination on
property." [Emphasis added.] On April 18, 1997, the Navy responded in a letter to U.S. EPA,
Region IX, stating that the Navy would finalize the Tiered Screening Methodology and complete
screening of the property.
Accordingly, at the May 6, 1997 meeting of the Restoration Advisory Board (RAB), the citizens'
advisory to the BCT, Mr. Steve Edde, the Navy BRAC Environmental Coordinator, informed
members that the Navy would proceed with its Tiered Screening process. Mr. Tom Lanphar of Cal -
EPA then told RAB members that neither Cal -EPA nor U.S. EPA would concur in the Navy's
process. The RAB members voted unanimously to send a letter (attached) in support of the position
taken by Cal -EPA and U.S. EPA.
Discussion:
The ARRA staff has had separate meetings with the Navy on May 15 and with Cal -EPA and U.S.
EPA on May 21, asking each agency to candidly present the basis for its position. As a result of
these meetings, we have determined the following:
• Cal -EPA's PEA methodology is the standard for property in California. Alameda Point property
must be able to compete in the marketplace. If there is the slightest perception that the screening
methodology was not protective of human health and the environment, value of the property will
be diminished, regardless of the actual environmental condition..
• In the Navy's own briefing, it informed ARRA that if the Navy followed Tiered Screening
methodology, Cal -EPA could issue a cleanup order to ARRA or the City of Alameda after it
accepted ownership of the property. This is not acceptable; on this basis alone, the ARRA
should reject the Navy's position.
• The Navy has proposed including deed restrictions for certain parcels of contaminated property
without the regulatory oversight and public comment afforded by the CERCLA process. A U.S.
EPA legal opinion issued in 1996 states, "Institutional controls, such as deed restrictions, are
classified as remedial action." If the Navy uses such "unilateral deed restrictions," the CERCLA
process, which considers alternative remedies, would be circumvented. ARRA and the City of
Alameda may be pressured to take property with unnecessarily restrictive conditions on use.
The Navy cites increased cost and time as reasons to follow the Tiered Screening methodology.
Its estimate to conduct the PEA is an additional $8 to $34 million and 6 to 12 additional years.
After speaking with all the BCT members, ARRA staff feels these estimates are greatly inflated.
Honorable Members of the
Alameda Reuse and Redevelopment Authority
May 28, 1997
Page 3
The Navy's current estimate of the cleanup from October 1, 1997 to completion is $126 million.
An additional 8 to 10 percent expenditure to ensure the Navy conveys title to safe, marketable
property is certainly reasonable.
• The Navy's Tiered Screening methodology sets dangerous precedent for other BRAC properties
in the State of California. (The FISC annex property could be similarly affected by the Navy's
Tiered Screening methodology.) ARRA and the City of Alameda should receive wide support
if they insist that the Navy follow the environmental laws, regulations, and policy set by the
State of California.
Fiscal Impact:
This recommendation will not have an immediate fiscal impact on the ARRA. However, the long-
term consequences could be dramatic. The lack of early agreement on these environmental cleanup
issues could result in lengthy delays in the ultimate transfer of property to the ARRA and other
entities, delaying needed revenue to the ARRA and the City of Alameda.
Recommendation:
Staff recommends that the ARRA governing body authorize the Executive Director to draft two
letters for the signature of the ARRA Chair and Vice -Chair to be sent to RADM Nash at NAVFAC
Headquarters and to the Office of Secretary of Defense, Environmental Security, stating the ARRA's
opposition to the Navy proceeding with an environmental screening methodology in which
California Environmental Protection Agency (Cal- EPA)/Department of Toxic Substances Control
(DTSC) and U.S. Environmental Protection Agency (U.S. EPA), Region 9 will not concur.
The letters must clearly indicate that the City of Alameda will not accept conveyance of property that
does not meet the standards of Cal -EPA and U.S. EPA for this region. The Navy is ill - advised to
pursue its present course of action. It is not in the interest of either the ARRA or the Navy to accept
the possibility of a State enforcement action or to delay the proper screening, cleanup, and
conveyance of the property at Alameda Point and the FISC annex site.
In addition, the letters must clearly state that further delay is unacceptable. The policy of the
Department of Defense on "fast -track cleanup at closing installations" requires immediate agreement
by the Navy to follow the methodologies standard in the State of California and in region 9 of the
U.S. EPA.
Respectfully submitted,
Kay Miller
Executive Director
KM/mee
Attachment: May 20, 1997 letter from the RAB to EFA West and DTSC
C:\ MARGARET \ARRA \STAFFREP \DTSC -LTR.S
YI�L i LCeh
May 20, 1997
Mr. Vincent F. Clementi
Director, Environmental Programs Center
EFA -West, NAVFACENGCOM
900 Commodore Drive
San Bruno, CA 94066 -2402
Subject:
References:
Gentlemen:
Mr. Tony Landis, Chief
Northern California Operations
DTSC, Office of Military Facilities
10151 Croydon Way, Suite 3
Sacramento, CA 95827 -2106
Request for Resolution of Tiered Screening
Methodology at Naval Air Station, Alameda
(1) Letter from Anthony J. Landis, September 2, 1996
(2) Letter from Vincent F. Clementi, September 3, 1996
(3) Letter from Clementi and Landis, September 27, 1996
(4) Letter from .Clementi and Landis, October 31, 1996
(5) Letter from Ken O'Donoghue, Alameda RAB, August 16, 1996
Your joint failure, after more than two years of negotiations to reach agreement on methodology
for establishing cleanup levels for properties located at the former Naval Air Station/Alameda,
threatens to delay reuse and transfer of the properties to the Alameda Reuse and Redevelopment
Authority (ARRA) and to the community.
In late 1996, as documented in the references above, the Navy and the Department of Toxic
Substance Control (DTSC) repeatedly assured the community that resolution of the disputed
issues was imminent. Then, at the Restoration Advisory Board (RAB) meeting on May 6, the
Navy announced that it was unilaterally proceeding with its own methodology. The DTSC then
stated that the Navy was proceeding despite objections from both DTSC and the U.S. Environ-
mental Protection Agency (EPA). The Navy's action is likely to slow the entire cleanup process,
even for sites not directly affected by the disagreement. This is of great concern to the
community for the following reasons:
• Navy's challenge to and disregard for DTSC's regulatory authority; this sets an extremely bad
and dangerous precedent for cleanup at Alameda.
• Navy's assertion that they can act alone and proceed without concurrence from federal and
state regulators and in violation of environmental regulations.
• Navy's abandonment of its own partnering process and lack of good faith in trying to reach
resolution.
May 20, 1996
P.3.
We appreciate the staff and resources that both of your agencies have invested in this dispute to
date and regret that you were unable to resolve this issue at the local level. The RAB looks
forward to assisting you in reaching a resolution that is agreeable to all parties involved.
Sincerely,
Ardella Dailey, Com pity Co -chair
Restoration Advisory oard
2200 Central Avenue
Alameda, CA 94501
(510) 337 -7063
AD:bt
Encs. (5) - see references, p. 1.
cc: U.S. Senator Barbara Boxer
U.S. Senator Dianne Feinstein
Congressman Ron Dellums
Senator Barbara Lee
Assemblyman Don Perata
John H. Dalton, Secretary of the Navy
Capt. Robert Hocker, EFA West
Mayor Ralph Appezzato, Chair, ARRA
Members, ARRA
Felicia Marcus, Regional Admin., EPA Region 9
Jesse Huff, Director, DTSC
Ben Williams, Governor's Office of Planning and Research
Jim Flint, City Manager, Alameda
Kay Miller, Exec. Director, ARRA
Robert Woods, Chair, Alameda Economic Development Commission
Gary Thomas, Chair, City of Alameda Planning Commission
Lee Perez, Chair, Alameda Base Reuse Advisory Group
Tom Lanphar, James Ricks, Steve Edde, Base Closure Team (BCT), NAS /Alameda
RAB Members
October 31, 1996
Mr. Ken O'Donoghue
Community Co -Chair
NAS Alameda RAB
2000 Buena- Vista Avenue
Alameda, California 94501
Dear Mr. O'Donoghue:
This letter is to update you on the progress we have made since our last letter of
September 27, 1996. All issues have been resolved, except for one outstanding item. This item is related
to transfer of property with a deed restriction and is expected to be resolved by November 27, 1996.
An update of the unresolved issues noted in our September 1996 Letter is also attached for your
information. All items will also be updated by the BCT at your next RAB meeting on November 5, 1996.
Again, it is also important to note that leasing and eventual transfer processes and their
associated timelines are of paramount importance to us and, to date, these items have not been delayed as
a result of these deliberations.
If you need further assistance, please contact Mr. Steve Edde, NAS Alameda BRAC
Environmental Coordinator, at (510) 263 -3706, or Mr. Tom Lanphar, DTSC Remedial Project Manager,
at (510) 540 -3809.
Vincent F. Clementi
Director, Environmental Programs Center
Engineering Field Activity West
Naval Facilities Engineering Command
Enclosure
cc: Ms. Kay Miller
Alameda Reuse and Redevelopment Authority
Mr. Ben Williams
Governor's Office of Planning and Research
1400 10th Street
Sacramento, California 95814
g Anthony J. Landis, P.E.
Chief, Northern California Operations
Office of Military Facilities
Department of Toxic Substances Control
September 27, 1996
Mr. Ken O'Donoghue
Community Co- Chair
NAS Alameda RAB
2000 Buena Vista Avenue
Alameda, California 94501
Dear Mr. O'Donoghue:
In our last letters to you, we indicated that the State of California (State) and the
U. S. Navy are working together to resolve differences in issues related to cleanup
determinations and property transfer at the Alameda Naval Air Station.
During the last three weeks, we have met two times and the BRAC Cleanup Team has
met several additional times. We have made significant progress in resolving all the issues. Our
BRAC Cleanup Team will provide an update to you at the next Restoration Advisory Board
(RAB) meeting on October 1, 1996, but, in order to keep you informed, we have provided an
update of the issues with this letter. As a result of our discussions, we are developing a single
streamlined process that meets the needs of both the regulatory agencies and the Navy for
property cleanup determinations and transfer.
It is also important to note that leasing and eventual transfer processes and their
associated timelines are of paramount importance to us and, to date, these items have not been
delayed as a result of these deliberations.
We appreciate your interest in these matters and will continue to keep you and the RAB
informed as we progress towards final resolution of the remaining issues. We estimate that all
issues will be resolved by November 1, 1996.
If you need further assistance, please contact Mr. Steve Edde, NAS Alameda BRAC
Environmental Coordinator, at (510) 264 -3706, or Mr. Tom Lanphar, DTSC Remedial Project
Manager, at (510) 540 -3816.
Vincent F. Clementi
Director, Environmental Programs Center
Engineering Field Activity West
Naval Facilities Engineering Command
Enclosure
cc: See next page.
Anthony J. Landis, P.E.
Chief, Northern California Operations
Office of Military Facilities
Department of Toxic Substances Control
M: \OMF- EXEC\LANDISWLAMEDA NAS
Statement of Agreements and Outstanding Issues at NAS Alameda
Agreements, as of September 26, 1996:
1. The Navy and regulatory agencies have agreed that the EBS Phase II Tiered Screening
process meets the RFI, and "equivalent PEA" process.
2. The Navy and regulatory agencies have agreed that Phase II A & B Data Summary
Reports will include conclusions and recommendations based only on data collected in the
Phase II A & B investigations. The conclusions that can be made are limited to the scope of
the investigations. Parcels will not be re- classified (BRAC Categories 1 -7) in this report.
3. The Navy and regulatory agencies have agreed that information from other programs
may be necessary prior to making a decision as to whether a hazardous substance release
has occurred at a parcel. For example, information from the Installation Restoration,
RCRA Closure, Petroleum, and Lead Based Paint Programs. Information from various
programs will be assimilated in the Base Wide Environmental Baseline Survey. For
example, groundwater from an IR site may affect an adjacent parcel.
4. The Navy and regulatory agencies have agreed that a Parcel Reclassification
Memorandum will document the classification of parcels into the appropriate BRAC
Categories.
5. The Navy and regulatory agencies have agreed that No Action letters from the agencies
will follow the Parcel Reclassification Memorandum for BRAC Categories 1 and 2, and
Categories 3 meeting the Tier 1 screen (unrestrictive /residential).
Additional Agreements, as of October 30, 1996:
6. The Navy and regulatory agencies have agreed on the criteria to make a determination
as to whether a hazardous substance release has occurred or not, using the Tiered
Screening Methodology.
7. The Navy and regulatory agencies have agreed on a consistent application of
"anthropogenic/ambient background" conditions at NAS Alameda by the EBS program.
The team is now proceeding with implementation on specific details.
8. The Navy and regulatory agencies have agreed that background includes both
inorganic and organic chemicals. We are currently working on the specific details for
implementing this information in the IRP and EBS Program.
DEPARTMENT OF THE NAVY
ENOINEERINO F ELO ACTIVITY, WEST
NAVAL FACILIT1US ENOINILERINO COMMAND
SOO COMMODORE DRIVE
SAN BRUNO, CALIFORNIA 1140604004
Mr. Ken O'Donoghue
Community Co- chair, NAS Alameda RAB
2000 Buena Vista Avenue
Alameda, CA 94501
Dear Mr. O'Donoghue:
P4 REPLY REFER TO;
5090
Ser 183/L6360
3 Sep 1996
We are in receipt of your August 16, 1996, letter regarding background determination and other
issues related to cleanup and transfer of property at NAS Alameda.
The Navy and the State have been in protracted discussions because there are fundamental
differences in each party's position; and, each party is concerned about doing the right thing. As
the Navy has lead agency authority for making cleanup decisions similar to the EPA on
Superfund sites, we have an obligation to ensure the cleanup is protective of human health and
the environment, consistent with applicable federal and state regulations and guidance, and is
based on prudent risk management decisions,
We believe these basic differences have far-reaching regional impacts that potentially affect
cleanup levels at many other DoD facilities (as well as other public and private sites). These
differences include the treatment of created land masses for which, currently, there is not a
consensus among the regulatory community. While these issues are taking time to resolve, we
have come to some agreement on the process of determining background levels, but need to
resolve the following issues:
• Application of existing statutes and guidance with respect to engineered fill
• Determination of appropriate background data information to ensure that all site releases are
properly identified
• Evaluation of property for transfer via use of Environmental Baseline Survey Tiered
Screening Process or use of Preliminary Endangerment Assessments
The Navy and the regulatory agencies had hoped to have a meeting to resolve these issues prior
to the September 3rd RAB Meeting so that the total picture could be presented. Because of
scheduling difficulties, we have tentatively scheduled a working meeting in the next two weeks
to fully discuss and hopefully resolve the remaining issues. We expect to present results of these
diszt s.:ions at the next scheduled RA.13 meeting.
Sincerely,
‘S/4-4-4—
a.
VINCENT F. CLElvfatTI
Director, Environmental Programs Center
By direction of
the Commanding Officer
7allEPA
)epartment of
roxic Substances
Control
700 Heinz Avenue
Suite 200
3erkeley, CA
'4710-2737
September 2, 1996
Ken O'Donoghue,
Community Co-Chair
NAS Alameda, Restoration Advisory Board
2000 Buena Vista Avenue
Alameda, CA 94501
Dear Mr. O'Donoghue:
BACKGROUND DETERMINATION, NAVAL AIR STATION, ALAMEDA
Thank you for your August 16, 1996, letter
expressing concern by community members of the NAS
Alameda Restoration Advisory Board regarding the informal
dispute between the California Department of Toxic
Substances Control and the United States Navy. We share
the Restoration Advisory Board's concern that a lack of
agreement is delaying the Environmental Baseline Survey.
This in turn may be delaying the identification of any
additional contaminated sites, and the identification of
clean property that is suitable for civilian reuse.
The Department and the Navy are working diligently
to resolve this disagreement. Our mutual goal is to
resolve this issue in order to advance the cleanup and
timely transfer of the base. I will be meeting with Mr.
Vince Clementi in the next two weeks, with the intention
of resolving this issue at that time. We further
understand that this issue will be discussed at the RAB
meeting to be held this on September 3. We anticipate
that much useful discussion will take place at the RAB
meeting, and that useful information may be exchanged.
After the RAB meeting and my meeting with Mr. Clementi,
I will write to you with additional details on this
issue.
If you have any questions, please call me at (916)
255-3565, or Mr. Daniel E. Murphy at (510) 540-3772.
Sincerely,
thony J. Landi P.E., Chief
Northern California Operations
Office of Military Facilities
Pete Wilson
Governor
James M. Strock
Secretary for
Environmental
Protection
Ken O'Donoghue
Community Co- Chair, NAS Alameda RAB
2000 Buena Vista Avenue
Alameda, Ca. 9451.
August 16, 1996
Mr. Tony Landis, Chief
Office of Military Facilities,
DTSC
10151 Croydon Way, Ste. 3
Sacramento, Ca. 95827 -2106
Dear Mr. Landis;
This letter is to convey to you a serious concern by a consensus of
community members of the NAS Alameda Restoration Advisory Board.
Our concern is the apparent stalemate in the informal dispute
process between California DTSC and the Navy regarding the
determination of background levels of various heavy metals and
chemicals of concern at NAS Alameda.
This lack of agreement on background levels is holding up the
Environmental Baseline Survey and Risk Assessments for various
sites and parcels and thus delaying the implementation of the
Community Reuse Plan.
The community requires a swift resolution to this problem which
directly impedes cleanup and reuse of the. base.
Until now the greater community has, in general, been favorably
impressed with the cooperative efforts of the regulators and the
regulated and of the progress that's been made so far.
However, the inability to establish a focal point for the cleanup
process, whether called background, ambient or some other
definition, effects community confidence in the entire cleanup
effort.
The NAS Alameda RAB will discuss this issue at its next meeting on
September 2, 1996 to determine what further action might be
appropriate to break this stalemate.
We look foreward to a timely response to our concerns, a resolution
of the background question, and the continued good faith efforts of
all concerned to make this installation a model for base cleanup and
conversion.
Sincerely,
Ken O'Donoghue,
Community Co -Chair
cc: Mr. V. Clementi, EFA West.
NAS Alameda RAB distribution.
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
May 28, 1997
TO: Honorable Members of the
Alameda Reuse and Redevelopment Authority
F ROM: Kay Miller, Executive Director
SUBJ: Status report on current activities.
1. Coast Guard Housing. Alice Vilardi of the City Attorneys Office and I have met twice with the
Coast Guard real estate and housing personnel to discuss the leaseback arrangement for the housing.
At our last meeting the Coast Guard presented an idea to privatize the Coast Guard housing under
new authorizing legislation passed last year. While there are many details to be worked out, it could
be a real "win -win" situation for both the Coast Guard and the ARRA. The Coast Guard would get
out from under the management of the housing —a business they do not wish to be in. The City and
other taxing jurisdictions would receive property taxes if the property were in private ownership.
As the idea evolves, we will keep you posted. We would hope to be able to present a conceptual
proposal in July or August.
2. Airfield Workshop. The Thursday, June 19 date is being held for the Airfield Workshop,
however, it is likely that the meeting will have to be rescheduled. We have received a formal
response from USFWS on what airfield activities they will entertain on the refuge (attached as 4 -G,
Item 2), which will require review and clarification. Therefore, we will be polling members again
regarding your availability later in June or early in July for a workshop. Also, under the
Correspondence section in this mailing, you will find a recommendation from the BRAG Airfield
Task Force. This recommendation will be considered at the workshop.
3. Public Trust Appraisal. ARRA staff and legal counsel have met with State Lands Commission
staff and agreed upon the base property to be appraised and the instructions for the appraiser, Bailey
& Associates of San Francisco. Paul Tuttle, who is managing this project for ARRA, made a
presentation to the BRAG at its May 21 meeting. Paul is scheduled to make a presentation to ARRA
at its August 6 meeting.
4. BCDC Port Priority Designation. The Bay Conservation and Development Commission met on
May 15 and adopted a notice reflecting the proposed amendment to the Seaport Plan regarding
changes to the Alameda NAS port priority designation. A public hearing on the matter will be held
on July 17 and the earliest the Commission could vote on the matter is at its August 21 meeting.
Respectfully submitted,
/i/tc. :de j%)
Kay Miller
Executive Director
United States Department of the Interior
FISH AND WILDLIFE SERVICE
San Francisco Bay National Wildlife Refuge Complex
P.O. Box 524
Newark, California 94560 -0524
(510) 792-0222
Ms. Kay Miller, Executive Director
Alameda Reuse and Redevelopment Authority
Naval Air Station Alameda
Postal Directory, Building 90
Alameda, California 94501 -5012
Dear Ms. Miller:
RECEIVED
MAY 2 2 1997
AHRA
CITY OF ALAMEDA
May 19, 1997
At our meeting on May 6, 1997, concerning the potential limited use airfield at the former
NAS Alameda, you requested that the U.S. Fish and Wildlife Service (Service) list the
restrictions that would be placed on any airfield operations once the area is included in the
National Wildlife Refuge System.
The Service has proposed to acquire the lands at Alameda under the authority of Public Law
80 -537 which provides that excess Federal property may be transferred without
reimbursement to the Secretary of the Interior if it has particular value in carrying out the
national migratory bird program. The reason for acquiring lands at Alameda would be to
protect and enhance habitat for migratory birds, including endangered California least terns,
endangered brown pelicans, and Caspian terns.
Our highest management priority for the site would be to protect and enhance wildlife
populations and their habitats. However, as stated in the November 18, 1996, letter from
Deputy Secretary of the Interior John Garamendi to you, "...the Service will consider
restricted airport use and use of the bunkers at the site, provided we can assure the
California least terns are not jeopardized and the proposed uses are found to be compatible
with the purposes for which the Refuge was established." To make both the non jeopardy
and compatibility determinations, the Service must follow certain procedures, including
development of a specific plan for the site and compliance with National Environmental
Policy Act (NEPA) procedures.
Because our planning and compliance are not yet complete, we cannot give you a definitive
list of restrictions to be placed on airfield operations at this time. However, for general
planning purposes, the following types of restrictions are presently being considered. Please
keep in mind that the restrictions are based on the intent to acquire this land for wildlife
protection and enhancement; any other uses of the land, for recreation or economic uses,
would be considered as secondary to this primary use.
(1) Limiting airfield activities, other than security operations, to specific daylight hours
(9:00 am to 5:00 pm) .
(2) Requiring flight schedules to be flexible enough to allow periodic tern use of the
runways. Affected time period could include April to August, although late June to
early August is more likely. Occasional limited sweeps of the runway to allow an in-
flight plane to land will be considered during the endangered species consultation
process (see further information below).
(3)
Restricting aircraft parking, maintenance activities and refueling facilities to off - refuge
sites.
(4) Requiring "follow -me" vehicles and specifically defined taxiways defined by the
Service. Taxiways may be changed depending on bird use.
Restricting ground crew activities to specific locations determined during annual pre -
breeding season meetings.
(5)
(6) Prohibiting certain type of operations or aircraft, such as "touch and go's," low level
approaches, or helicopters (during breeding season), and limitations on the number of
takeoffs /landings per day.
(7) Limiting the number of "air events /festivals" allowed between September 1 and
March 31. No events /festivals would be allowed during the breeding season.
At the May 6, 1997, meeting, questions were raised about "sweeping" the runway of terns
prior to takeoffs or landings, since this practice occurred during Navy air operations. As
explained at the meeting, the primary reason for acquiring these lands would be to protect
and enhance wildlife, particularly the California least tern. Therefore, any secondary use of
the refuge would need to be compatible with this purpose.
In addition, the California least tern and the California brown pelican are fully protected by
the Endangered Species Act of 1973, as amended (Act). Section 9 of the Act, and Federal
regulation pursuant to section 4(d) of the Act, prohibit the take of endangered and threatened
species without special exemption. "Take" is defined by law as harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct.
"Harass" is defined by regulation as actions that create the likelihood of injury to listed
species by annoying it to such an extent as to significantly disrupt normal behavior patterns
which include, but are not limited to, breeding, feeding, or sheltering. "Harm" is defined by
regulation to include significant habitat modification or degradation that results in death or
injury to listed species by significantly impairing behavioral patterns, including breeding,
feeding, or sheltering. "Incidental take" is defined as take that is incidental to, and not the
purpose of, the carrying out of an otherwise lawful activity. Under the terms of section
7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency
action is not considered to be prohibited taking under the Act provided that such taking is in
compliance with other requirements within the Act and Federal regulations.
A limited level of "take" incidental to an otherwise lawful activity may be authorized during
the formal consultation process pursuant to section 7 of the Act. The Service will prepare
documentation under NEPA and section 7 of the Act during its decisionmaking process to
determine whether to allow an airfield on national wildlife refuge lands.
As part of the process for proposed disposal and community reuse of NAS Alameda, the
Navy will also consult with the Service pursuant to the section 7 of the Act. Since part of
the reuse proposal may be dependent on the use of the airfield, then this formal endangered
species consultation will include the anticipated effects of all proposed disposal and
community reuse activities at NAS Alameda, including the airfield. Any incidental take
authorized in this biological opinion would be based upon an evaluation of all aspects of the
Navy's proposed disposal and community reuse of NAS Alameda, including, but not limited
to, any airfield use proposal. The Service may require the implementation of reasonable and
prudent measures to minimize any incidental take authorized within the biological opinion.
Again, the above information is intended for general planning purposes. The Service has not
made formal de cisions on whether an airfield would be compatible with the refuge or
whether or not an airfield would jeopardize the continued existence of the California least
tern. However, I hope this provides you with sufficient information to proceed with the base
reuse planning process. Please contact me at 510/792 -0222 or Jim Browning at 916/979 -2725
if you have questions.
Sincerely,
4;11-I
Margaret T. Kolar
Refuge Complex Manager
cc: FWS, Sacramento ES (J. Browning)
Navy (D. Pomeroy)
Correspondence
BRAG Airfield Task Force
Recommendation to the BRAG on the Proposed
Limited Use Airfield
The BRAG Airfield Task Force finds that:
• The concept of reusing the NAS Airfield as a limited use airfield is compatible
with the goals and objectives of the Community Reuse Plans as an interim use
based on the information made available to date; and
• A limited use airfield would provide opportunities for attracting other compatible
airfield maintenance uses for the reuse of existing hangars and aircraft
maintenance buildings at Alameda Point.
The Airfield Task Force recommends that the BRAG advise the ARRA to proceed
- with the necessary feasibility analysis to determine the suitability of an interim
reuse of the existing NAS airfield as a limited use airfield and that evaluation and
actions should include:
(1) Development of an appropriate business plan, lease arrangements, and
joint use agreements with the U.S. Fish and Wildlife Service and the U.S.
Navy to allow for a limited use airfield at Alameda Point; and,
(2) Obtaining and evaluating the information identified for decision making on
the attached matrix; and
(3)
Seeking appropriate airfield users through a marketing strategy for and
lease of appropriate facilities; and
(4) Successfully completing these tasks before the ARRA issues an RFP to
select an operator of the airfield; and
(5)
(6)
Requesting the appropriate City and regional committees and agencies
review the proposal and participate in the proposal; and
Adoption by the BRAG and forwarding these recommendations to the
ARRA Board.
Some Concerns and Comments
on Limited Airfield Proposal
Considered by Task Force
• May be difficult to end airfield uses once the field is established.
• The lease period is assumed to be 10 - 15 years to permit amortization of
improvements.
• the field may increase air traffic over Alameda. There already is a serious
potential problem with Oakland Airport expansion. These issues are subject to
management.
• Alameda will need to evaluate its responsibility for air field maintenance,
insurance, fire, etc., as well as the management plan for fish and wildlife in order
to avoid incurring unforseen liabilities.
•. Evaluation of legal, operational, and financial liabilities needs to be completed.
• To make it economically feasible, some threshold level of buildings will have to
be devoted to airfield related activities.
• The necessary Runway Accident Protection Zone would inhibit adjacent uses.
• Compatibility with other uses and the Community Reuse Plan needs further
evaluation (see attached matrix).
• Environmental impacts have not been reported out for consideration.
• Proposal requires further public input.
May 5, 1997
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*Employment estimates based on company's projection or industry standard
Term of
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long term
long term
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Tenant
ICALSTART (Electric Vehicle Consortium)
Carstar (Vehicle Painting)
City of Alameda (Records Storage)
City of Alameda (Soccer Field)
Clubhouse Pictures (Film Co.)
Disney Studios (Film Co.)
Giannotti (Ship Parts & Repair)
Great Benefit Productions (Film Co.)
Industrial Light and Magic (Film Co.)
Industrial Light and Magic (Film Co.)
Interscope Communications (Film Co.)
MARAD (Ready Reserve Fleet)
Microsoft (Software Co.)
Nadel Productions (Film Co.)
Navigator Systems (Furniture Mfgr.)
Nelson's Marine (Boat Repair)
Off Duty Productions (Film Co.)
Polyethylene Products (Plastics Recycling)
Quality Assured Products (Valve Mfgr.)
Rysher Entertainment (Film Co.)
Storage yard (Bureau of Electricity)
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Tenant
ACET (Envir. Tech. Incubator)
Admiral Marine (Marine Hardware)
Airweld of Kentucky (Aircraft Sales & Parts)
Alameda Point Storage (formerly Military Storage)
,Alpha Document Storage
Area 51 Productions (two -day Car Show)
Aviation Advisory Group (Airplane Hangar)
Bay Ship & Yacht (Ship Repair)
Cable Moore, Inc. (Cable Rigging)
City of Alameda (EV Expo)
City of Alameda (Gymnasium)
Corbin (Electric Vehicles)
Delaco Builders (Cabinetry)
Delphi (Exhibit Displays)
Dynamic Business Dev. (Boat Production)
Forem Metal Mfg. (Sheet Metal Contractor)
Haviside & Heastings (Ship Repair)
Integrated Technology Group (Computer Rebuild)
Northshore, Inc. (Bowling Alley)
Puglia (Ship Repair)
Quadrantek (Electric Motor Works)
Richard Miller (Photography)
Tower Aviation (Avionics)
USS Hornet
Zebra Motors, Inc. (Electric Vehicles)
*Employment estimates based on company's projection or
industry standard
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