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2003-12-08 ARRA PacketCITY OF ALAMEDA Memorandum Date: December 8, 2003 To: Honorable Mayor and Councilmembers From: James M. Flint City Manager Re: Regular City Council Meeting, Adjourned Regular Meeting of the Alameda Reuse and Redevelopment Authority, Special meeting of the Housing Authority Board of Commissioners, and Special Meeting of the Community Improvement Commission of December 16, 2003 Transmitted are the agendas and related materials for the Regular City Council Meeting, Adjourned Regular Meeting of the Alameda Reuse and Redevelopment Authority, Special meeting of the Housing Authority Board of Commissioners, and Special Meeting of the Community Improvement Commission of December 16, 2003. ALAMEDA REUSE AND REDEVELOMENT AUTHORITY CONSENT 2-A Approval of minutes of the regular ARRA Meeting of September 3, 2003. The Board Secretary has presented for approval the minutes of the regular ARRA meeting of September 3, 2003. 2-B Approval of minutes of the regular meeting of October 1, 2003. The Board Secretary has presented for approval the minutes of the regular ARRA meeting of October 1, 2003. 2-C Approval of minutes of the special meeting of October 14, 2003. The Board Secretary has presented for approval the minutes of the Special ARRA meeting of October 14, 2003. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 2 Councilmembers December 8, 2003 HOUSING AUTHORITY BOARD OF COMMISSIONERS CONSENT CALENDAR 2-A Minutes of the Board of Commissioner Regular meeting held October 7, 2003. The Executive Director has presented for approval the Minutes of the Board of Commissioner's Regular meeting held October 7, 2003. 2-B Minutes of the Board of Commissioner Special meeting held October 21, 2003. The Executive Director has presented for approval the Minutes of the Board of Commissioner Special meeting held October 21, 2003. 2-C Minutes of the Joint CIC and Board of Commissioner Special meeting held November 4, 2003. The Executive Director has presented for approval the Minutes of the Special Joint CIC and Board of Commission meeting held November 4, 2003. AGENDA 3-A. Resolution Authorizing the Chief Executive Officer to Enter into an Owner Participation Agreement (OPA) between the CIC, Housing Authority and Resources for Community Development for the Development of 52 rental units on Certain Real Property at the East Housing Portion of the Naval Air Station. This resolution authorizes the Chief Executive Officer of the Housing Authority to enter into an Owner Participation Agreement between the CIC and Resources for Community Development to develop property at the East Housing portion of Alameda Point. As noted, the CIC supported this project in March of this year by authorizing the use of over $2 Million from the Business and Waterfront and West End Community Improvement Project. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 3 Councilmembers December 8, 2003 COMMUNITY IMPROVEMENT COMMISSION CONSENT CALENDAR 1 -A Minutes of the Special Joint Community Improvement Commission and Housing Authority Board of Commissioners and Special Community Improvement Commission Meeting of November 18, 2003; the Special Joint City Council, CIC and Alameda Reuse and Redevelopment Authority Meeting of November 19, 2003; and the Special Joint City Council and CIC Meeting of December 2, 2003. The City Clerk has presented for approval the Minutes of the Special Joint Community Improvement Commission and Housing Authority Board of Commissioners and Special CIC Meeting of November 18, 2003; the Special Joint City Council, CIC and Alameda Reuse and Redevelopment Authority Meeting of November 19, 2003; and the Special Joint City Council and CIC Meeting of December 2, 2003. 1 -B Recommendation to accept the Community Improvement Commission (CIC) audit; to authorize transmittal of the CIC's Annual Report to the State Controller's Office and the City Council; and to accept the Annual Report. [In conjunction with City Council Agenda Item No. 4 -F] It is recommended that the CIC adopt the Audit and authorize transmittal of the report to the State Controller's office. 1 -C Adoption of Resolution Authorizing the Community Improvement Commission of the City of Alameda "Public Agency" to Join with Other Public Agencies as a Participant of the California Asset Management Trust and to Invest in Shares of the Trust and in Individual Portfolios (Investment of Bond Proceeds City of Alameda Tax Allocation Bonds). This resolution authorizes the participation in the California Asset Management Trust for purposes of investing funds. As noted, this joint powers authority offers many investment advantages including a potential higher yield rate for short -term investments. Further, there are no restrictions as to the frequency of withdrawal of funds. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 4 Councilmembers December 8, 2003 CITY COUNCIL 4 -A. Minutes of the Special Joint City Council, Community Improvement Commission (CIC) and Alameda Reuse and Redevelopment Authority Meeting held on November 19, 2003; the Special Joint City Council and Public Utilities Board Meeting held on November 24, 2003; and the Special City Council, the Special Joint City Council and CIC, and the Regular City Council Meetings held on December 2, 2003. The City Clerk has presented for approval the Minutes of the Special Joint City Council, Community Improvement Commission (CIC) and Alameda Reuse and Redevelopment Authority Meeting held on November 19, 2003; the Special Joint City Council and Public Utilities Board Meeting held on November 24, 2003; and the Special City Council, the Special Joint City Council and CIC, and the Regular City Council Meetings held on December 2, 2003. 4 -B. Recommendation to accept the work of Ghilotti Brothers, Inc. for Westline Drive (Eighth Street) Corridor Improvements, No. P.W. 05- 02 -06. It is recommended that Council accept the work of Ghilotti Brothers, Inc. for the improvements to the Westline Drive and Eighth Street corridor. 4 -C. Recommendation to award Contract in the amount of $189,420, including contingency, to Thomas D. Eychner Co., Inc. for demolition of City -owned property at 2310 Lincoln Avenue (Linoaks Motel), No. P.W. 08- 03 -16. It is recommended that the contract for demolition of the City -owned property at 2310 Lincoln Avenue be awarded to Thomas D. Eychner Co., Inc., the low bidder. 4 -D. Recommendation to award Agreement in the amount of $60,000 to Community Playgrounds, Inc. for the McKinley Park Playground Renovation Project. It is recommended that Community Playgrounds, Inc. be awarded the contract to renovate the playground at McKinley Park. 4 -E. Recommendation to accept the Affordable Housing Ordinance Annual Review. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 5 Councilmembers December 8, 2003 As required by the Alameda Municipal Code, it is recommended that Council accept the Annual Review Report of the Affordable Housing Unit/Fee Ordinance. 4-F. Recommendation to accept the Community Improvement Commission (CIC) Audit and Annual Report. [In conjunction with CIC Agenda Item No. 1-B] It is recommended that the Council adopt the Audit and authorize transmittal of the CIC Annual Report to the State Controller's office. 4-G. Recommendation to accept the City of Alameda Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2003; Auditor's report on Agreed Upon Procedures on Compliance with Vehicle Code Section 40200.3 Parking Citation Processing; Agreed Upon Procedures Report on Compliance with the Proposition 111 2001-02 Appropriations Limit Increment; Police and Fire Retirement System Pension Plans 1079 and 1082 Audit Report; and Metropolitan Transportation Commission Grant Programs financial statements for year ending June 30, 2003. As required by City Charter and State of California Statues, the Comprehensive Annual Financial Report for the period ending June 30, 2003 has been submitted. 4-H. Recommendation to adopt Plans and Specifications and authorize Call for Bids for the replacement of 150 Electric Golf Carts. It is recommended that Council adopt Plans and Specifications and authorize a call for bids to replace through lease, 150 electric golf carts for the Chuck Corica Golf Complex. 4-1. Adoption of Resolution Amending Resolution No. 12191 by Increasing Various Chuck Corica Golf Complex Rates. This resolution amends the Master Fee Resolution to increase various fees at the Golf Complex. As noted, there were no fee increases in 2003. 4-J. Adoption of Resolution Approving Criteria for the Placement of Bus Shelters. This resolution approves bus shelter and advertising shelter citing criteria. As noted, it is recommended that the advertising shelters generally not be located in R- 1, R-2 or R-3 residential zones. The shelters are also excluded from the business district which have a bus shelter program in place. Dedicated to Excellence, Committed to Service Honorable Mayor and Page 6 Councilmembers December 8, 2003 4 -K. Adoption of Resolution Authorizing Application for Bicycle Transportation Account (BTA) Funds for Bicycle Projects. This resolution authorizes an application to Ca!trans for a Bicycle Transportation Account Funds, of which the proceeds would be used to fund a West End Estuary Crossing Feasibility Study. Further it authorizes the City Manager to execute all documents where necessary. 4 -L. Bills for ratification. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolution Acknowledging Assistant City Manager Robert L. Wonder for His Contributions to the City of Alameda. This resolution recognizes Rob Wonder for his dedication and contributions to the City of Alameda. 5 -B. Adoption of Resolution Appointing NakMin Oddie as a member of the Civil Service Board. This resolution appoints NakMin Oddie to the Civil Service Board. 5 -C. Recommendation to approve a General Fund Loan for Alameda Power and Telecom Financing. It is recommended that Council authorize a $2.2 Million loan to AP &T from the General Fund to complete construction build -out of the coaxial system. Dedicated to Excellence, Committed to Service AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 Tuesday, December 16, 2003 Meeting will begin at 5:40 p.m. City Hall will open at 5:25 p.m. 1. ROLL CALL 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the regular meeting of September 3, 2003. 2 -B. Approval of the minutes of the regular meeting of October 1, 2003. 2 -C. Approval of the minutes of the special meeting of October 14, 2003. 3. ACTION ITEMS None. 4. ORAL REPORTS 4 -A. 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 that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: 8. ADJOURNMENT Alameda Naval Air Station ARRA, Navy, and Alameda Point Community Partners Price and Terms ARRA Agenda — December 16, 2003 Page 2 Notes: Please contact ARRA Secretary, Emily Parodi at 749 -5800 or 522 -7538 at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • Sign language interpreters will be available on request. Please contact Emily Parodi, ARRA Secretary, or Development Services at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday September 3, 2003 The meeting convened at 5:35 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -A 2 -A. Recommendation from the Executive Director regarding the future role and responsibilities of APAC. Member Daysog moved approval of the recommendation. The motion was seconded by Member Matarrese and passed by the following voice vote: Ayes -3 Noes -1 (Member Kerr); Abstentions-O. 3. REGULAR AGENDA ITEMS There were no regular agenda items. 4. ORAL REPORTS 4 -A. Oral report from APAC. Chairman Lee Perez thanked the ARRA Board for approval of the Executive Director recommendation regarding the future role of APAC. 4 -B. Oral report from the Executive Director (non- discussion items). There was no report from the Executive Director. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) There were no public comments for the open session. G:\Comdev\Base Reuse& Redevp \ARRA \MINUTES \2003WINAL Modified Sep3 .Minutes.Open- ClosedSession.doc 6. COMMUNICATIONS FROM THE GOVERNING BODY There was no communication from the Governing Board. 7. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms The Public Comment period was opened. Aidan Barry, APCP Project Manager, made a presentation regarding the history of negotiations with the ARRA from the point in time when APCP was selected as the potential master developer of Alameda Point, progress on developing a Conditional Acquisition Agreement (CAA), and requested an expedited negotiation process to achieve a CAA before the end of the year. Mr. Barry also discussed APCP's strategy regarding negotiations with the Navy for an early or phased transfer of Alameda Point property in order to expedite acquisition of the site. After the presentation, the ARRA was given an opportunity to ask any questions for the purpose of clarifying any information conveyed in the APCP presentation. City Attorney, Carol Korade, clarified the parameters of the meeting since this was the public comment period and it also had to be in the same format as it would be in the Council Chambers and that no one should engage in any type of negotiations with the developer. Only clarifying questions can be asked. Member Daysog asked about the phased transfer and whether or not it implies that the business model APCP presented during the selection process remains or has it been modified? Mr. Barry responded APCP remains committed as master developer of the entire footprint. At any stage of the discussions, even the original model, it was always anticipated that this process would be a phased build out, because of the position of the Navy. There is no choice but to further develop a phased development process to coincide with certain transfers from the Navy to the local reuse authority. Member Matarrese asked APCP to elaborate on the deliverables, which support the process and what master developer product would be presented to help the process and project. Mr. Barry responded that fundamentally APCP is in the process of working with the City on the CAA, and that the CAA proposal has been modified regarding cost recovery. APCP is committed to continuing with the negotiation process subject to concurrence with the ARRA that they would like to change how the process is working. Member Kerr asked about APCP's position regarding predevelopment costs and rate of return, given that this is a small City and therefore, cannot give up all of its lease revenue. Member Kerr also asked that APCP elaborate on what sources of ARRA revenues APCP is asking the ARRA to commit to the project through the CAA. 2 G: \Comdev\Base Reuse& Redevp\ARRA\MINUTFS\2003\FINAL Modified Sep3 .Minutes.Open- ClosedSession.doc Jay Heckenlively, General Manager of APCP, responded that at this point, APCP is unable to answer the question fully because it does not know where the City stands. Mr. Heckenlively stated that APCP has identified three sources of revenues, which they have asked the City to consider, and there have been no discussions as to whether or not they have been palatable to the City: (1) a percentage of the gross revenues of the base, (2) the MARAD lease revenue from the renewal that is likely to occur; and (3) a capital lease revenue which is a concept that is currently built into the CAA document. These are the three sources APCP has requested that would go to predevelopment expenses for redevelopment of the Base. Member Kerr asked if it is correct that APCP have not been making their payments according to the terms of the ENA (which would be replaced by a CAA)? Phil Rafton, Vice President of Centex Homes, responded that is correct. APCP has made a request that its present obligation under the ENA to reimburse the ARRA for $500,000 of its predevelopment costs be recast as a condition of the CAA. Also, APCP was permitted to divide its present obligation under the ENA to pay its quarterly payment of $450,000 into three payments of $150,000 each. The first of the three payments was made in August 2003. APCP has withheld further payments, pending receiving a response to its requests through the ENA negotiating process to reduce its redevelopment costs. Mayor Johnson asked about the re- openers regarding the transfer and phasing development with the Navy? Mr. Heckenlively stated that the ultimate "recipe" on how to work with the Navy is unknown at this point. There are a number of different methods to achieve transfer and the key is not whether it is an ET or privatization, the key is to get a transfer from the Navy on the phases of the property that coincide with the redevelopment effort that is going on at the Base in phased progression. There are number of different ways to do so and APCP remains committed to working with the City and the Navy to come up with the right recipe that balances the transfer process with the entire redevelopment effort. Mayor Johnson asked what is the anticipated date for the DDA? Mr. Heckenlively responded that it is a difficult question to ask since the recent events with the Navy, however, APCP would like to focus on understanding how the project will be revised and modified as a result of what is concluded with the Navy. Based upon what the resulting project thereafter, APCP will redevelop their plans and move the entitlement forward following that point. This is a two -year period after APCP starts the process. Mayor Johnson asked after that point, the IRR goes away and the real temis are negotiated? Mr. Heckenlively responded that is correct. Mr. Barry thanked the ARRA for their time and appreciated the opportunity to speak directly with the Board over APCP's concerns. 3 G: \Comdev\Base Reuse& Redevp\ARRA\MINUTES\2003\FINAL Modified Sep3 .Minutes.Open- ClosedSession.doc Mayor Johnson thanked APCP and all of its partners for the presentation and attendance at the meeting and hope to move forward from this point. The public hearing was closed for Authority discussion. The Mayor announced that the ARRA obtained a briefing from and gave instructions to its Real Property Negotiator. Mayor Johnson adjourned the meeting at 9:35 p.m. Respectfull Emily Parodi ARRA Secretary 4 G: \Comdev\Base Reuse& Redevp\ARRA\MINUTES\2003\FINAL Modified Sep3 .Minutes.Open - ClosedSession.doc APPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday October 1, 2003 The meeting convened at 5:30 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Barbara Kerr, Boardmember, City of Alameda Marie Gilmore, Boardmember, City of Alameda Absent: Frank Matarrese, Boardmember, City of Alameda Tony Daysog, Boardmember, City of Alameda 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the regular meeting of May 7, 2003. 2 -B. Approval of the minutes of the regular meeting of June 4, 2003. 2 -C. Approval of the minutes of the special meeting of June 17, 2003. 2 -D. Approval of the minutes of the regular meeting of July 2, 2003. 2 -E. Approval of the minutes of the special meeting and work session of July 22, 2003. 2 -F WITHDRAWN - Recommendation from the Executive Director that the ARRA Governing Body authorize the Executive Director to Enter into a $150,000 contract with Holland & Knight, LLP for Federal Government Lobbying Services to Secure Federal Funding for Environmental Remediation and Redevelopment at Alameda Point. 2 -G. WITHDRAWN - Report and Recommendation from the Executive Director that the ARRA Governing Body authorize the Executive Director to Enter into a $98,620 Amended Contract with RBF Consulting for services relative to the Alameda Point Reuse Project. Member Kerr moved approval of the recommendation for the remaining consent calendar items. The motion was seconded by Member Gilmore and passed by the following voice vote: Ayes -3 Noes -0; Abstentions -0. 3. REGULAR AGENDA ITEMS There were no regular agenda items. 1 G: \Comdev \Base Reuse& Redevp\ARRA\ MINUTES \2003 \Octl_03.Regular.doc 4. ORAL REPORTS 4 -A. Oral report from APAC. Alice Garvin, informed the Governing Board of the APAC's October 25th town hall meeting and noted the expected participants and speakers to provide updates on the Golf Course and hotel development, Alameda Point Collaborative and overall development of Alameda Point. A question and answer period is also planned to occur. The event will take place at the Theater located at Alameda Point. 4 -B. Oral report from the Executive Director (non- discussion items). There was no report from the Executive Director. 5. ORAL COMMUNICATIONS, NON- AGE3NDA (PUBLIC COMMENT) There were no public comments. 6. COMMUNICATIONS FROM THE GOVERNING BODY Mayor Johnson requested that the conflict of interest language be more clearly defined within the City's consultant contracts. Specifically, where it discusses the requirements concerning conflicts of interest between the City and the consultant. There should be a disclosure requirement in the event that a potential conflict arises. 7. ADOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms The Mayor announced that the ARRA obtained a briefing and direction was given to Real Property Negotiator. Mayor Johnson adjourned the meetin: at 7:05 p.m. a Akil Secretary 2 G: \Comdev\Base Reuse& Redevp\ARRA\ MINUTES \2003 \Octl_03.Regular.doc APPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Tuesday, October 14, 2003 The meeting convened at 6:20 p.m. with Mayor Johnson presiding. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda Absent: Tony Daysog, Boardmember, City of Alameda 2. PUBLIC COMMENT 2 -C Jack Shepherd, Director of the Alameda Point Collaborative, addressed the ARRA regarding the police calls to the Alameda Point Collaborative properties in West Housing stating that the Collaborative has developed a good relationship with the Police and Fire Departments and will continue to monitor the incidents. Mr. Shepherd also discussed the proposed 39 -unit project at the FISC/East Housing property and funding concerns to complete this project. 3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 3 -A. Property: Negotiating parties: Under negotiation: 3 -B. Property: Negotiating parties: Under negotiation: 3 -C. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA and Navy Price and Terms Alameda Naval Air Station ARRA and Navy and Alameda Point Collaborative Price and Terms Alameda Naval Air Station ARRA and Navy and Alameda Point Collaborative Price and Terms 4. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. The Mayor announced that direction was given to Real Property Negotiator for all of the above matters. No action was taken. 1 Respectfully submitted, Patti Singer ARRA Secretary 2 Correspondence / Miscellaneous December 1, 2003 Alameda Unified School District We Serve Children Maintenance, Operations & Facilities 2200 Central Avenue, Alameda, CA 94501 Phone 510/337 -7090; Fax 510/337 -7083 ARRA Emily Parodi City Hall 2263 Santa Clara Avenue Alameda, CA d94501 Dear ARRA: This letter is a follow up to the comments provided at the joint City Council, Community Improvement Commission and ARRA meeting held on November 12, 2003. Alameda USD, as stated at that meeting, has no immediate concern over the Conditional Acquisition Agreement as written. Our concern is with the Preliminary Acceptance Concept study referenced in the agreement. This study is to be initiated by and paid for by the ARRA. AUSD is concerned that any study specifically address education as a specific item to be analyzed. Preliminary plans indicate construction of between 1600 and 1800 homes in the study area. This number of additional residences would have a serious impact on the service that can be provided to students. Sincerely, ,;(74_ Robert DeLuca Administrative Director RD:ct Cc: Development Services "Children are the world's most valuable resource and its best hope for the future." J. F. Kennedy CHAIR ANNOUNCEMENT ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY CLOSED SESSION DATE: Tuesday, December 16, 2003 CONVENE TIME: ADJOURNMENT: / CC) LEGISLATIVE BODY: ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Members Present: (Line out Absentees) Chair Johnson, Members Daysog, Gilmore, Kerr, Matarrese CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Alameda Naval Air Station Negotiating Parties: ARRA, Navy, and Alameda Point Community Partners Under Negotiations: Price and Terms The Alameda Reuse and Redevelopment Authority met in closed session to discuss Real Property Negotiations C(). ) 1. c