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2003-07-02 Special CIC CS MinutesMINUTES OF THE SPECIAL COMMUNITY IMPROVEMENT COMMISSION MEETING WEDNESDAY- -JULY 2, 2003- -5:25 P.M. Chair Johnson convened the Special Meeting at 6:10 p.m. Roll Call - Present: Commissioners Daysog, Kerr, Matarrese and Chair Johnson - 4. Absent: Commissioner DeWitt - 1. Public Comment Sandre Swanson, Alameda, gave a brief history on the formation of ACET. Sam Doctors, ACET, stated ACET is ready to move immediately following the City's approval; the EDA [federal Economic Development Administration] wants to move forward as soon as possible. Dan Marcus, Catellus, stated Catellus has been working on the project for eighteen months; the project is ready to move forward. Chair Johnson inquired whether Catellus agrees with the proposal endorsed at the last CIC meeting with a minor language adjustment pertaining to the fee waiver. Commissioner Daysog responded the sticking point is that Catellus cannot guarantee construction costs. Chair Johnson stated the City is placing a cap on its liability; inquired how the matter could be resolved. Mr. Doctors stated there could be a side agreement indicating that ACET will work with the City to ensure that ACET comes within the proceeds figure; the EDA needs an unconditional agreement regarding infrastructure; ACET has a 30% contingency built into the project. Commissioner Kerr inquired whether the City has received anything in writing from the EDA indicating it would not accept the agreement, to which Mr. Doctors responded in the negative. Commissioner Daysog stated the matter could be handled similar to the Cross Airport Roadway. Mr. Doctors stated EDA has to be assured that the infrastructure will be built; without infrastructure the land does not have sufficient value. Special Meeting 1 Community Improvement Commission July 2, 2003 Mr. Swanson stated additional funds were needed; a side agreement guaranteeing that the project will be completed in the allocated amount should not be problematic; the project will go out to bid; the amount in question is not a significant amount of money in comparison to overall costs. Commissioner Kerr noted the City is in a grim economic situation. Mr. Marcus stated 20% contingency is normal; the next phase, which includes drawings, will provide more certainty. Chair Johnson inquired whether Mr. Marcus is confident that the construction can be completed within the estimated amount. Mr. Marcus responded that he is comfortable with the current budget. The Base Reuse and Redevelopment Manager stated the City placed a condition on the fee waiver requesting that Catellus be willing to guarantee costs; however, given that improvements have not been designed, Catellus is not willing to guarantee that the infrastructure can be delivered based on the estimate. Mr. Marcus noted that Catellus' actions were in accordance with the Disposition and Development Agreement. Commissioner Daysog stated there are various approaches: 1) have confidence the numbers are valid; 2) create a framework to deal with budget considerations; or 3) not agree to modification. Mr. Swanson stated the fundability of the project is another issue; infrastructure costs can be bid separate. Mr. Doctors stated ACET's resolution must unequivocally indicate that the City will complete infrastructure; however, a side agreement can accommodate ACET handling excess costs. Mr. Swanson stated there is a commitment to stay in budget; if costs are in excess the construction work can be defined in a slightly different way; noted Catellus could bid on the project. Mr. Doctors stated Catellus would be involved with the beginning phase. Mr. Swanson stated completion of the project should increase ACET's ability to obtain funds; Congresswoman Lee is committed to working with Congressman Stark on the matter. Special Meeting 2 Community Improvement Commission July 2, 2003 Chair Johnson stated the City Council has voted to move the deal forward twice; creative methods will have to be used to resolve issues. The Special Meeting was adjourned to Closed Session to consider: (03 -037) Conference with Real Property Negotiator; Property: Enterprise Landing, Alameda Point; Negotiating parties: City of Alameda and ACET; Under negotiation: Price and terms. Following the Closed Session, the Special Meeting was reconvened and Chair Johnson announced that the Commission gave direction Adjournment There being no further business, Chair Johnson adjourned the Special Meeting at 7:10 p.m. Respectfully submitted, Lara Weisiger Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting 3 Community Improvement Commission July 2, 2003