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1999-04-07 ARRA MinutesAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, April 7, 1999 The meeting convened at 5:40 with Chair Appezzato presiding. ROLL CALL 1 Present: Chair Ralph Appezzato, Mayor, City of Alameda Sandre Swanson, Vice Chair, Ninth Congressional District for Barbara Lee Mark Friedman, alternate to Wilma Chan, Alameda County Board of Supervisors, District 3 Tony Daysog, Councilmember, City of Alameda Albert DeWitt, Councilmember, City of Alameda Beverly Johnson, Councilmember, City of Alameda Barbara Kerr, Councilmember, City of Alameda Absent: Jay Leonhardy, alternate to Jerry Brown, Mayor, City of Oakland Kathleen Ornelas, alternate to Shelia Young, Mayor, City of San Leandro 2. CONSENT CALENDAR 2 -A. Approval of the minutes of the regular meeting of March 3, 1999. 2 -A 2 -B. Recommendation to Award Contract to Sevan Construction in the Amount of $842,640 for Alameda Point - Building 23 Remodel No. P.W. 03- 98 -04. 2 -C. Recommendation to Adopt Plans and Specifications and Call for Bids for Utility Upgrades of Building 7, Alameda Point, 851 N. Midway, No. P.W. 10 -98 -26 Alternate Friedman moved approval of the minutes as presented for March 3, 1999, and for the Consent Calendar. The motion was seconded by Member Daysog and passed by the following voice vote: Ayes - 6. Noes: - . Abstentions - 0. ACTION ITEMS 3 -A. Recommendation to execute an interim lease through the term of the Master Lease with the Homeless Collaborative for a 4 -acre urban garden on Parcels 98 and 99. The public hearing was opened. Ms. Diane Coler -Dark noted that she was upset with some of the uses that have been passed to the Planning Board that weren't in the best interest of the City of Alameda. The public hearing was closed for Authority discussion. Member Daysog spoke in support of the community garden, noting that it was the best example for the residents that would be transitioning from homelessness to self - sufficiency. In addition, the gardens would be available to the children that would live there. He believed that the garden would be an asset, and that the Homeless Collaborative would do a good job in developing and managing the garden. He added that it could bring the residents together, and may make the Base conversion more meaningful. Alternate Friedman voiced his agreement with Member Daysog, and believed that it would be an asset to the community. Member Kerr noted that she was a strong supporter of a community garden, but added that she had a problem with the location. She believed strongly that the environmental information was not accurate, and that there was a history of contaminated ground water stemming from the Navy's use of the site. She advised that the site be tested. Member Kerr added that Parcel 2 was not part of the Tidelands Trust, which made a difference in that it could be buildable land, and housing could be placed on it. She strongly supported the concept of a community garden, but was not convinced that this was a good site for it. She suggested that a Tidelands Trust site be located, and also that the soil be tested. Member Kerr added that once the community garden was located, that it should not be relocated. She noted that as a past participant of community gardens, that it took blood, sweat and tears on the parts of the contributors, and that a relocation would be difficult for them. In response to Member Johnson's question whether the soil had been tested, Ms. Elizabeth Johnson, Environmental Planner, noted that there was no historical use that would suggest that the soil or the ground water should be tested, either from records or from interviews and photographs. In response to Member Daysog's question regarding the difficulty of soil testing, Ms. Johnson responded that outside soil would be brought in to start the garden. Deputy City Manager David Berger advised that the City was following the Navy's process in bringing the issue to the ARRA for approval. The information would be packaged with other required documents, submitted to the Navy, and would be contingent upon the Navy's review and approval. He believed the fact that the beds would be raised and sealed mitigated any potential concerns about soil or water contamination, and that would satisfy the Navy's concerns. He added that the decision was ultimately up to the Navy. In response to Member Johnson's question regarding potential liability for the City, Counsel Highsmith responded that there was a full indemnification provision under federal law for any contamination that existed on old military installations. The indemnification would cover both liability and clean -up costs. The City would not be in the chain of title for CERCLA purposes for this property. Member Kerr expressed severe doubt that the past processes regarding the state of the soil by the Navy would be a benefit to the children using the public garden. Deputy City Manager Berger advised that this use of the site was a legal obligation based on the approved Community Reuse Plan. Member DeWitt noted that while open space near residences was important, he expressed concern that gardens were not productive or attractive in the fall and winter. He added that this garden was in a very visible location. Chair Appezzato noted that there was a public garden on Eagle Avenue, and he did not believe that it detracted from the beauty of the area. Nanette Banks advised that this strip of land would be for landscaping, not vegetables that would be harvested. In response to Chair Appezzato's question regarding the length of the interim lease, Ms. Banks responded that it would be for the remainder of the Master Lease, or until 2012. Sandre Swanson advised that a negotiated agreement was reached with the Homeless Collaborative regarding this project, and that both the agreement and the commitment must be recognized and honored. Chair Appezzato advised that he would support it, with the caveat that the item would come back to the ARRA after examining the Tidelands issue and other alternatives. He agreed with Mr. Swanson in that the ARRA made an agreement with the Homeless Collaborative, and that there was a matter of honor and trust. Member Daysog noted that with respect to the community garden as it was attached to the larger issue of working with the Homeless Collaborative, it was clear that the City of Alameda had moved forward in a way that accommodated its responsibilities under federal base closure law. It also accommodated the City's aspirations regarding base conversion, specifically with the homes that will be built in East Housing. He believed that everyone involved with the process benefitted. In response to Member Johnson's request for an opinion on whether this project could be included in the Tidelands Trust, Counsel Highsmith responded that the opinion would be provided in writing at a later date. Chair Appezzato noted that this issue was initiated quite some while ago, and was concerned that progress would not be made. He suggested that a caveat be added that after the Tidelands issue was examined, as well other alternatives. He added that he supported Member Daysog, and hoped that the matter would be restructured so that the Council members could be accommodated. Chair Appezzato emphasized that an agreement had been made, and that integrity, honor and trust were at stake. He added that before a signature was obtained, he wanted a short document that addressed the concerns of Council members DeWitt, Johnson, and Kerr. In response to Member Daysog's question regarding the deadline that would require the ARRA to move on a special meeting basis , Ms. Banks responded that Urban Seed had received some money to begin work on the garden. She added that the issue would be revisited very soon. Chair Appezzato noted that this was the first time he had seen open space become a difficult consideration, and expressed his hope that it was not because of the people who would use it. Member Daysog moved to accept of the report with the provision that a supplemental report be prepared by staff examining the tidelands issue and other alternative acreage sites for the garden. The motion was seconded by Alternate Friedman and passed by the following voice vote: Ayes - 6. Noes - 0. Abstentions - 0. 3 -B. Report recommending the authorization of the Executive Director to execute a loan agreement between the ARRA and the City of Alameda for the advance and transfer of funds from the Alameda Point Lease revenues (ARRA fund) to the City of Alameda Fleet Industrial Supply Center (FISC) lease revenues to partially cover FISC interim leasing expenses for FY1998 -99. The public hearing was opened. There were no speakers on this item. The public hearing was closed for Authority discussion. Alternate Friedman moved acceptance of the recommendation. The motion was seconded by Member Kerr, and passed by the following voice vote: Ayes - 6. Noes - 0. Abstentions - 0. 3 -C. Report From the Deputy City Manager discussing the future of the ARRA Governing Body and recommending that the ARRA Governing Body direct staff to research the impact termination of the ARRA Joint Powers Authority (JPA) will have on funding opportunities at Alameda Point and identify regional issues pending with the redevelopment of the base; direct General Counsel to examine the legal ramifications to terminating the JPA or amending the JPA to reconfigure the composition of the Governing Body; and agree to act on the ARRA Governing Body structure no later than February 1, 2000. Deputy City Manager David Berger summarized the staff report. He noted that there was a five year window to consider a change. The public hearing was opened. Ms. Susan McCormick, encouraged the elected officials to control development of the city, the toxic cleanup, and the use of the land. She believed that the ARRA has done a good job, and that the City should take over the work. Chair Appezzato noted that the ARRA was scheduled to sunset no later than February 1, 2000. Ms. Diane Coler -Dark noted that she was glad the issue was being examined, and that there was a lot of sentiment by Alamedans with regard to the makeup of the panel. She expressed confidence that the linkages that Chair Appezzato and the Council had forged with the new Assembly representative would continue to be productive. Mr. Jim Sweeney thanked the members of the ARRA for their participation and sacrifice. He noted that it was time to reconfigure the board, and that residents were paying more money toward the Base reuse. As a result, they wanted to control their own destiny. He believed the system was settled, and that the staff was trained and in place. He urged the staff to move forward in resolving the questions of reconfiguring the Board. Chair Appezzato thanked Mr. Sweeney for his positive comments. Mr. Len Grezenca, Alameda County Conservative Exchange, objected to what he considered people not elected by taxpayers and voters to sit on the Board of the Reuse Authority, with no representation in the Port of Oakland. He believed that the Authority should be immediately reconstituted with solely Alameda elected officials. Chair Appezzato pointed out to Mr. Grezenca that seven of the nine members of the ARRA were elected by the citizens of the City of Alameda. Sandre Swanson noted that the homeless agreement was reached by statute, and added that every community in the country must reach that agreement in order to get funding. Member Daysog emphasized that it was the City's responsibility to follow that agreement unless superceded by federal law. Nonetheless, it was their responsibility to perform their jobs correctly, and help the homeless transition to self - sufficiency. Member Daysog advised that it was the City's responsibility to help the homeless under federal law, but even if it were not their legal responsibility, they would perform their job correctly in helping the homeless. He believed that placing the homeless in homes would be more successful long -term than placing them in shelters. Mr. Richard Nevellin spoke in favor of the continuation of the ARRA. Mr. Bill Smith noted that the State of California was not represented in the ARRA. If the State had representation, they would be in a better position to promote what was going on. The public hearing was closed for Authority discussion. Alternate Friedman noted that on behalf of Supervisor Chan, it would be an honor and a privilege to continue to serve on the ARRA. He believed that there was a tremendous amount of wisdom on that body, and that the Alameda representatives have made excellent decisions. He noted that the County was able to provide assistance on issues such as economic development, as well as CalStart, housing and homeless issues, transportation issues such as the bridge retrofitting, retrocision and turning over of services. The Congressional office has been essential to the funding of the ARRA process, the BCDC effort to remove the Base designation, the homeless and housing issues, the wildlife refuge, CalStart, and countless other issues. Chair Appezzato stated that Congresswoman Chan not only was an Alameda resident, but was also voted into to office by the Alameda voters. Sandre Swanson noted that as regional member of body, that the congressional office would support the sun setting of the ARRA wherever the council felt it was appropriate. The process has been about supporting Alameda. He described the process of drafting the structure of the LRAs. He believed that the purpose of the sunset was not for parochialism or local control, but that it was the right time to do that. A major goal for the formation of the BRAG, which was federally mandated, was to save the Alameda taxpayers money, and to make sure that the City treasury was not overly burdened. Mr. Swanson noted that the original goal was to develop the Naval Air Station, and they did not want it to turn into another Hamilton Field. Without money and cooperation, it could just sit — and the funding is not obtained yet. He noted that Oakland Reuse Authority was having legal and financial trouble with the Homeless Collaborative, and added that the ARRA did not have that kind of trouble with the Collaborative because of regional support. Mr. Swanson noted that the Economic Development Conveyance was the last major hurdle to overcome, and added that regional support and money were necessary to achieve that goal. Chair Appezzato has requested that the President start a revolving fund of $100 million for the Base, and political support was needed for that to occur. Member Johnson noted that Alameda was anxious to finish the Base process, and observed that many outside agencies and levels of government were also involved. That involvement would create uncertainty in the time line. She did not believe that the process must be ended at this meeting, and noted that there was a benefit from having the regional representation. She believed the staff recommendation of examining the issue, stating the detriments to terminating that representation, was valid. She observed that the February 1, 2000 deadline was only nine meetings away. Member Kerr expressed disappointment that the information staff requested time to prepare was not before the Authority at this meeting. She advised that Alameda Point would be a regional issue whether or not there was regional representation. She believed it was possible to move forward without appearing before City Council again. Alternate Friedman emphasized that the office of Supervisor Chan was always available to help the citizens of Alameda, and will do everything it can in this process, whether or not it had a seat on the ARRA. Member Kerr noted that she has heard from many Alameda citizens, and believed that it was time for the ARRA to sunset. Chair Appezzato noted that he was present in 1992 when Mayor Withrow formed the ARRA, and believed that the process had served the city extremely well. He noted that the ARRA and the BRAG has served the community very well. He advised that there were several issues to resolve, including the Superfund issue, the toxic cleanup, the Economic Development Conveyance, EIS /EIR, and the ROD deadline of Fall, 1999. He expressed his thanks to the members of the ARRA that contributed to the progress on the former Naval Air Station. Chair Appezzato advised that the sunset process was agreed to, and should be carried out in an orderly and systematic manner. He noted that he personally supported the ARRA, even before his re- election. He appreciated the various comments regarding the ARRA, although he did not agree with all of them. He added that the ARRA was considered a model for other communities to study, and was personally very proud of that. Chair Appezzato emphasized that while the ARRA will sunset on or before February 1, 2000, he would ensure that it was the right thing to do at the right time, especially with the major challenges facing the community. Member Daysog believed that it was important to move prudently and systematically to the finish line, which is within sight. Member DeWitt emphasized that Congresswoman's position was that whenever the City Council wished to sunset the ARRA, she would be completely in favor of it, and that their support would continue. Alternate Friedman advised that he would abstain from this vote, and believed that the vote should be taken by elected officials of Alameda. Member DeWitt noted that he was satisfied with the support that has been freely given by Oakland, San Leandro, the County, and the Congress people has given the City of Alameda. (just like BRAG) He personally thanked those who volunteered their services, and gave their time and effort to the City. Chair Appezzato noted that every member of the Council sat on a regional body, and emphasized that they were part of a region. He believed this was not the time to pull up the drawbridges and act unilaterally. Member Johnson and moved approval of the staff recommendation to sunset the ARRA no later than February 1, 2000, or sooner, and to direct staff to examine the impacts of that action and to provide a report. The motion was seconded by Member DeWitt and passed by the following voice vote: Ayes - 4. Notes -1 (Kerr). Abstentions (Swanson and Friedman). 4. ORAL REPORTS 4 -A. Oral report from BRAG. BRAG Chair Lee Perez observed that the political process was the art of the possible. He expressed his appreciation for the ARRA's efforts in that process. He expressed concern about some of Member DeWitt's comments, that the BRAG has been treated perfectly in the past, and that they may be the next to "get some kicks." He noted that the BRAG was in the process of taking the ARRA's lead in reconstituting itself, and has also been discussing the Superfund issues. He emphasized the need of continuing discussions between City staff and the BRAG, especially in keeping the community involved. 4 -B. Oral report from the Deputy City Manager (non - discussion items). No report was given. 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) Ms. Shirley Cummins thanked those who served on the ARRA, and asked whether sunset was imminent for the BRAG, the Naval Air Station Restoration Advisory Board, Reuse and Redevelopment Authorities. She noticed that the representatives from the Cities of Oakland and San Leandro were absent. She recounted a conversation with former Mayor Withrow regarding Congressman Ron Dellums' motivation for closing the Bay Area military bases. She noted that the current war in Kosovo may necessitate reinforcement of the military and the bases. Ms. Susan McCormick, 1238 Versailles, expressed concern about opinions that have been expressed to her regarding the homeless. While she believed it was a positive attribute that Alameda was friendly to the homeless, it disturbed her that other cities were giving one -way bus tickets to Alameda to the homeless. It concerned her that because Alameda was bounded by water, there is no way that the city can overflow. In addition, there is no BART access to Alameda Point, and was concerned about the transportation issues once the homeless are trained. Mr. Gerhard Degemann, expressed his appreciation for the ARRA, and believed that it was indeed a regional benefit. He expressed regret that some opinions were voiced at the meeting that characterized the ARRA members as outsiders to Alameda. 6. COMMUNICATIONS FROM THE GOVERNING BODY Member DeWitt noted that Mr. Bill Tuhey, the director of the pilot project for the East Bay Conversion Reinvestment Commission, was in attendance. He added that staff had been working with the East Bay Commission on trying to get a study that dealt with the questions of institutional controls over parcels of land that may still have contaminants on them as the development process proceeds. He added that the Commission obtained a $25,000 grant which will be used to work with the staff and the ARRA on initiating a study at Alameda Point. This study would examine the questions of institutional controls, to ensure that all of the ARRA/City's interest in the land control issues are answered. 7. ADJOURNMENT The meeting was adjourned at 7:55 p.m. Respectfully submitted, Cory Sims