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2000-04-18 Joint CC CIC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -APRIL 18, 2000- -7:25 P.M. Mayor /Chair Appezzato convened the Special Joint Meeting at 7:32 p.m. Councilmember /Commissioner DeWitt led the Pledge of Allegiance. Pastor Dave Nederhood, Alameda Christian Reformed Church, gave the invocation. ROLL CALL - Present: Councilmember /Commissioners Daysog, DeWitt, Johnson, Kerr and Mayor /Chair Appezzato - 5. Absent: None. AGENDA ITEMS: (CC /00 -185) (CIC /00 -12) Recommendation to authorize the City Manager to negotiate and execute all necessary Agreements and Documents related to the Consultant Contract with LSA Associates, Inc. in an amount not to exceed $420,000, and to authorize the Executive Director to enter into a Financing Agreement with "Contributing Property Owners" to reimburse them for funding in the Northern Waterfront Specific Plan. Jean Sweeney, Alameda, stated that last November, she submitted over 4,500 signatures of people that live in Alameda who support the idea of Open Space on the Beltline Railyard [property]; that she has resubmitted her petition and will again try to get green space on the Alameda Beltline Railyard; the Specific Plan does not offer an option for green space on the Beltline; it states there will be development, with no mention of green space; she contacted LSA to determine whether the company has a Traffic Engineer on staff, but could not get an answer; LSA indicates its traffic plans will be submitted to Dowling Associates; when the Tinker Avenue study was completed, said company did not have a Traffic Engineer either; the Civil Engineer drew up something and submitted it to Dowling Associates for traffic studies; however, a decent extension was not drawn until Planning Board Member Eugenie Thomson took pencil to paper; traffic is a big issue in Alameda; consultants hired by the City should have Traffic Engineers; since she found the documents that state the City can buy back the railroad at the 1924 purchase price, and that state if the rail lines are abandoned after 18 months, it reverts [to the City] and is forfeited; she has not received a statement from the City on the status of the [Beltline] railroad; further stated that she has not received response to her request regarding the City lacking a legally enforceable zoning law. Special Joint Meeting Alameda City Council and 1 Community Improvement Commission April 18, 2000 Dan Wood, Alameda, stated that he attended a meeting over a year ago when the Beltline issue was introduced; none of the options presented [in Scope of Work] include open space, bike trails, parks, etc.; the Consultant might not have his [Mr. Wood's] interest in mind. David Landau, Buena Vista Avenue Neighbors, stated that he was the community representative for the consultant selection process; thanked the Planning Department for allowing someone from the community to speak on the community's behalf in the early stages; stated that he looks forward to continuation [of public input] during the process. Mark Irons, Alameda, stated the issue to form a Plan and hire a Consultant was before Council previously; at said time, people advocated for a moratorium on new development; individuals were assured that any development would come at the end of the study and go through public reviews; however, the Alameda Journal Newspaper indicates the majority of cost will be paid for by Kaufman & Broad and Sun County Partners, provided the companies will be reimbursed if they do not get anything at the outcome; it [developers paying for Plan] seems front - loaded; the best use is being sought, but it is being financed by people with very specific interests. Timmie Chesler, Alameda, stated automobiles are responsible for the past winter being the warmest on record; planting trees prevents pollution; the Beltline should be a park to help against pollution. Mayor /Chair Appezzato stated the population of Alameda has gone down since [Navy] Base closure; there are limitations on Base development; only 400 Million square feet can be developed before another tube or bridge is constructed; there is legal action underway regarding the Beltline property; the land is private property and is 25 to 30 acres; if the acreage belongs to the City, it would be valuable; the Portola Triangle belongs to the City and became a park; all Alameda citizens will have to decide what to do with the [Beltline] land if the property is the City's; if a judge decides the City does not own the property, the owner will have to be paid a substantial amount of money [for the City to acquire property], perhaps $15- to $30 Million, to make it open space; private property cannot be acquired without compensation; citizens should be informed that the City will have to pay for the land if it is private property. Vice Mayor /Councilmember Daysog stated there should be a balance between development and the environment; the Beltline property is an example of where there will have to be a balance; the process Special Joint Meeting Alameda City Council and 2 Community Improvement Commission April 18, 2000 with LSA Associates will allow the City to determine whether the paths and green space can be provided, while promoting development. Rosalinda Pantig, Alameda, stated the Wood Street neighborhood would like Plans to include open space as an option for the Alameda Beltline. Kathy McIntire, Alameda, stated that she supports the Open Space Initiative and Jean Sweeney's efforts to keep Alameda an aesthetically pleasing place to live; urged Council to look at the total picture in regards to open space and the Beltline property and not turn the City into a traffic jam by overbuilding. Ann Mitchum, Alameda, commented on the type of development which should occur in Alameda. Councilmember /Commissioner Kerr stated developers are not eager to pay for the Northern Waterfront Plan; as development applications are received, others will be asked to pay [for the Plan] as well; not only two developers will pay for the Plan; that she is pleased the area [Northern Waterfront] is going to receive a comprehensive overview because it is probably the biggest area of undeveloped space in Alameda aside from the [former Navy] Base; something good can be done with the area in total; transit is the largest problem, and can only be solved by looking at all of the properties in the Northern Waterfront; an integrated study is a very good idea. Vice Mayor /Commissioner Daysog inquired whether Kaufman & Broad and Sun Country Partners have Housing Plans for the Beltline or the [northern] waterfront area. The Planning Director responded an application has been filed by Kaufman & Broad which shows house designs and subdivision plans; staff has had pre- application discussions with Sun Country; an Application has not been filed [by Sun Country]; Sun Country has also met with neighbors. In response to Vice Mayor /Commissioner Daysog's inquiry on the number of housing units envisioned, the Planning Director stated Kaufman & Broad's application is for a maximum of 152 homes, and discussions with Sun Country have ranged up to 200. Vice Mayor /Commissioner Daysog further inquired whether said development [by Sun Country] would be on the Beltline, to which the Planning Director responded in the affirmative. The Planning Director stated the Beltline and adjacent lands held by other railways, total about 28 acres. Special Joint Meeting Alameda City Council and 3 Community Improvement Commission April 18, 2000 In response to Vice Mayor /Commissioner Daysog's inquiry whether proposals are serious, the Planning Director stated money has been expended to examine use of the land and Kaufman & Broad has acquired portions of its proposed site. Councilmember /Commissioner DeWitt stated there is concern regarding traffic and extension of Clement Avenue; a Councilmember suggested use of the cardboard factory property [Weyerhauser]; inquired whether the study will review traffic from the Weyerhauser site to Atlantic Avenue. The Planning Director responded a critical component of the study is assessing the need for an additional east -west component; if analysis indicates there is an additional need, one of the alignments which would be explored is extension and connection of Clement Avenue; no decision has been made; the connection will be examined; the alignments from Grand Street through to Sherman Street are fairly limited, because it would have to go under the Alaska Basin; the area of controversy is what will happen at Sherman Street, e.g., will it continue on Marina Village Parkway, go through the Beltline property, and connect to Webster Street; if an additional roadway is needed, said matter will be a significant area of discussion, the scope of work provides for exploration, discussion, analysis and recommendation to Council. Councilmember /Commissioner DeWitt stated a speaker inquired whether a Traffic Engineer was assigned in the scope of work. The Planning Director stated a traffic engineering firm is part of the sub - consultant team, and will be part of the group of consultants preparing the study. Councilmember /Commissioner Johnson inquired whether options would include not extending Clement Avenue, to which the Planning Director responded in the affirmative. Councilmember /Commissioner Johnson stated the scope of work should include review of transportation and traffic issues by a Traffic Engineer. Vice Mayor /Commissioner Daysog stated a well planned development should include meaningful open space, not just bits and pieces of grass. Councilmember /Commissioner Kerr stated provided an update after Ms. Sweeney Beltline] Agreement about returning the Special Joint Meeting Alameda City Council and 4 Community Improvement Commission April 18, 2000 that the City Attorney uncovered the [Alameda property to the City at cost; Ms. Sweeney uncovered another Agreement about Rail Line Extensions; requested an Off Agenda Report on the matter. Mayor /Chair Appezzato stated there are 2,000 acres at the Fleet Industrial Supply Center and Base; 565 acres of dry land and 300 acres of wet land will become open space, which is over 250 of the Base; approximately 500 of the Base is tidelands; housing cannot be built on Tidelands; the City is planning to build a 200 acre links - style golf course; there will be no trees or telephone poles; 56 acres of the Base has been dedicated to a sports complex; a marina will be built on number of acres along the waterfront; there will be a waterfront park; a great deal of effort has been made to create open space at the former Naval Air Station; there must be a balance between open space and development; 600 homes at East Housing, which have not been occupied since the Base closed, will be torn down; another 200 housing units will probably be torn down in West Housing on the Base; a total of 800 homes might be leveled; everything is subject to change; if the City's developer, Catellus, builds 475 units at the East Housing, Kaufman & Broad builds 150 homes at the Weyerhauser site, and Sun Development builds 200 homes at the Beltline, there would be 825 new homes; the density of homes will not increase if 800 units are torn down; the Specific Plan, as well as all actions related to the Base and Northern Waterfront, is subject to public discussions and hearings; the Northern Waterfront is private property; if Kaufman & Broad is not permitted to build housing, the company has a right to return to the zoning permitted previously; industrial use will continue or can be changed to housing or park and open space; there could be a cost to turn the Beltline property into open space; also, Clement Avenue extension will be subject to a great number of Public Hearings. Councilmember /Commissioner Kerr stated the location and quality of the open space is important; the wildlife refuge has over 1,000 acres of land and water; however, said land will be unaccessible to the people of Alameda except by guarded docent tours; neighborhood open space is very important; open space does not have to be great big tracks; the linear open space around Harbor Bay Isle is wonderful; people bike and jog along the shoreline; the same is true for the South Shore area; open space tied up with ball games all the time might not be good open space for neighborhoods; the biggest area of open space [at the Base] is essentially unusable as recreational area. Vice Mayor /Commissioner Daysog moved approval of the staff recommendation. Councilmember /Commissioner Johnson seconded the motion. Special Joint Meeting Alameda City Council and 5 Community Improvement Commission April 18, 2000 Under discussion, Councilmember /Commissioner DeWitt stated there are two recommendations involved. Mayor /Chair Appezzato inquired whether the motion included both recommendations, to which Councilmembers /Commissioners Daysog and Johnson responded in the affirmative. Mayor /Chair Appezzato stated the open space provided at the Naval Air Station cannot be developed and will not provide money to the community; Alameda is a residential community and does not want to vote for taxes for a library or schools; if private property is turned into open space, the City must be prepared to pay for it. On the call for the question, the motion carried by unanimous voice vote - 5. (CC /00 -185A) (CIC /00 -12A) Recommendation to approve Estoppel Certificate for County of Alameda regarding the County's Interim Loan to UA Housing, Inc. for Substantial Rehabilitation of Buildings 738 -742, 756 -757, CPO 7, CPO 15 -22, and CPO 25 -30, pursuant to Memorandum of Understanding (MOU) with Alameda Point Collaborative, Inc. Ann Mitchum, Alameda, inquired whether UA homes would be built on new property or move into existing property. Mayor /Chair Appezzato responded existing property. Councilmember /Commissioner Kerr stated the staff report lists Conditions [which are described in Section 3 of the MOU]; one [Condition] states: "the UA Housing Interim Lease or Legally Binding Agreement remaining in full force and effect;" inquired whether "or" should be changed to "and;" further inquired whether the City would give up any of conditions of the Legally Binding Agreement. The City Attorney responde the MOU; that she does not or "and;" the intent is stated; the staff report existing, signed MOU. d that she needed to review Section 3 of recall whether said Section states "or" what Councilmember /Commissioner Kerr is addressing the precedent in the Councilmember /Commissioner Kerr stated the City's legal legs depend upon the Legally Binding Agreement. The City Attorney stated if the word "and" is added, legally, it would bind further; "or" means if either one goes out the window, it is a condition precedent; stating "and" would require that both [UA Interim Lease and Legally Binding Agreement] go out the window. Special Joint Meeting Alameda City Council and 6 Community Improvement Commission April 18, 2000 Councilmember /Commissioner Kerr inquired whether "and" could be substituted for "or." The City Attorney responded in the negative; stated the staff report states: "the $850,000 will only be granted on the occurrence of several conditions: ...c) the UA Housing Interim Lease or the Legally Binding Agreement;" the items could be separated out as: c) the UA Housing Interim Lease remains in effect, and d) the Legally Binding Agreement remains in effect; that she could confirm that the "or" is a paraphrase. Councilmember /Commissioner Kerr requested the City Attorney to do SO. Mayor /Chair Appezzato called a recess at 8:20 p.m. and reconvened the Special Joint Meeting at 8:30 p.m. The City Attorney stated the staff report is correct as written; paragraph 3b.IV of the MOU states: "the UA Housing Interim Lease is in full force and effect or ARRA, or its successor in interest in UA Housing, shall have entered into a Legally Binding Agreement with a maximum of 59 years, inclusive of the term of UA Interim Lease;" the word "or" is used because there is a current interim lease with a maximum of 12 years; as soon as the property is conveyed from the Navy, there is the legally binding form, which was approved by ARRA in 1996 and approved by HUD, required to be entered into; the paragraph is a protection for the Community Improvement Commission (CIC) because it states UA Housing has to have some right to the property either through the current Interim Lease or, later, from the Legally Binding Agreement; otherwise, if UA Housing does not have any right to the property, the City and CIC would be giving $850,000 to UA Housing to use in some other part of the County or State. Councilmember /Commissioner Kerr thanked the City Attorney for the explanation. Councilmember /Commissioner Johnson moved approval of the staff recommendation. Councilmember /Commissioner DeWitt seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT Special Joint Meeting Alameda City Council and % Community Improvement Commission April 18, 2000 There being no further business, Mayor /Chair Appezzato adjourned the Special Joint Meeting at 8:33 p.m. Respectfully submitted, Diane B. Felsch, CMC City Clerk, Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and 8 Community Improvement Commission April 18, 2000