2006-02-01 Joint CC ARRA PacketCITYOFALAMEDA•CALIFORNIA
SPECIAL JOINT MEETING of THE CITY COUNCIL AND
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
WEDNESDAY - - - FEBRUARY 1, 2006 - - - 7:01 P.M.
Location: cAti_g_gyppll_ghmper!, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council/Authority on agenda items or
business introduced by the Council /Authority may speak for a
maximum of 3 minutes per agenda item when the subject is before the
Council /Board. Please file a speaker's slip with the Deputy City
Clerk if you wish to speak on an agenda item.
ROLL CALL
CONSENT CALENDAR
1. Recommendation to approve a Joint Operating Agreement for
Various Alameda Point Collaborative Housing Projects and a
First Amendment and Assignment Agreement for Spirit of Hope I
Project at Alameda Point. (Development Services)
AGENDA ITEMS
None.
ADJOURNMENT
Beverly Jo + so Ma or
Chair, A e a Reuse and
Redevelopment Authority
City of Alameda
Memorandum
February 1, 2006
To: H1 onorable Mayor and Members of the
City Council
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
Frorn: Debra Kurita
City Manager /.Executive Director
Re:
Background
Approve a Joint Operating Agreement for Various Alameda Point Collaborative
Housing Projects and a First Amendment and Assignment Agreement for Spirit of
Hope I Project at Alameda Point
As required by the federal Base Closure and Community Redevelopment and Homeless
Assistance Act of 1994, the Alameda Reuse and Redevelopment Authority (ARRA) worked with.
the Alameda County Department of Housing and Community Development and an organized
group of homeless service providers, known as the Alameda County Homeless Providers Base
Conversion Collaborative (now known as the Alameda Point Collaborative (APC)) to determine
the quantity of residential and commercial square footage that would constitute a reasonable
accommodation of the homeless at the former Alameda Naval Air Station (Alameda Point). On
May 3, 1995, the ARRA adopted the Standards of Reasonableness that provide general
commitments related to future reuse goals at Alameda Point. In July 1995, the Alameda County
Homeless Provider Base Conversion Collaborative submitted a Request of Property at Alameda
Naval. Air Station. The requests were considered by staff, and following negotiations, specific
allocations of property were included in the Housing Element of the Naval Air Station (NAS)
Alameda Community Reuse Plan approved by the ARRA in January 1996.
Several non- profit housing providers were allocated 200 existing housing units at Alameda Point
for use by clients transitioning from homelessness. The original providers included, among
others, Resources for Community Development, UA Housing, and United Indian Nation. These
three Providers applied individually for various federal, state, and local funding sources and
rehabilitated a total of 89 housing units within three separate housing projects called
Miramar /Miraposa (32 units), Spirit of Hope 1111 (45 units), and Unity Village (12 units).
Between 2001 and 2005, the ARRA approved the assignment and assumption of two subleases, a
Legally Binding Agreement and Property Lease (LBA) and certain funding agreements from
these original Providers to the APC. All 89 APC units are located on land subleased to the APC
by the ARRA through an LBA for each project.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Members of the
City Council
February 1, 2006
Page 2
In 2005, APC approached staff with a draft Joint Operating Agreement (JOA) that would allow
APC to operate these three housing projects as one financial entity.
Discussion
Joint Operating Agreement
The proposed JOA between the County of Alameda, APC, City of Alameda and ARRA enables
the APC to operate the 89 housing units as one project with unified cash flow, joint reserve
accounts, books and records to enhance the efficiency and viability of operations of all three
Projects. While APC will remain subject to the terms of the various existing financial
agreements under the JOA, it will over time be able to consolidate requests for federal, state,
local and other funding sources. The JOA will remain in effect so long as the APC is the
Provider under the ILA for more than one of the Projects. The JOA requires the County and
APC to notify the City and ARRA 45 days prior to any request to terminate the JOA and
obligates the parties to meet and confer regarding any concerns. APC also remains subject to all
the terms of the LBAs, including those provisions that require the maintenance of tenant and
financial records as well as the City and ARRA's access to them upon request.
First Amendment and Assignment (Spirit of'Hope I)
In. 2001, the Spirit of Hope projects received both CIC and City funds for the rehabilitation of 45
housing units. Upon a review of the related funding agreements it was determined that
acceptance of the JOA would require that the County assume the rights and obligations of the
HOME Regulatory Agreement for the Spirit of Hope I project. The County has approved the
terms of the First Amendment to Regulatory Agreement and Assignment and Assumption
Agreement (First Amendment and Assignment) and will therefore be obligated to monitor this
project for compliance with HOME regulations. This amendment for the Spirit of Hope I
Regulatory Agreement does not have any impact on the ongoing rights and obligations of the
County and City under the Alameda County HOME Consortium Sub - Recipient Agreement. The
City is, however, no longer obligated to implement any HOME monitoring requirements. While
the County will now provide annual HOME monitoring, the Spirit of Hope I units continue to
count toward the City's Inclusionary Housing goals. The City has also been able to maintain its
rights to indemnification under the terms of the Regulatory Agreement. APC has agreed to the
terms of the First Amendment and Assignment.
The JOA and First Amendment and Assignment support APC's efforts to benefit from a better
economy of scale for operations and management activities at the APC community. At the same
time, annual monitoring requirements for the City are streamlined. APC has the financial
capability, management expertise and operational capacity to manage these projects as one
financial entity. The JOA also leaves open the possibility for 30 additional housing units to be
covered under the agreement.
The City Attorney's office has approved the proposed Joint Operating Agreement and prepared
the First Amendment and Assignment for consideration by the ARRA. The documents have
been approved and executed by the County of Alameda and the Alameda Point Collaborative and
are on file in the Office of the City Clerk. Upon execution of these agreements, APC can begin
Dedicated to Excellence, Committed to Service
Honorable Mayor and Members of the
City Council
February 1, 2006
Page 3
its transition process and move forward with operating the 89 units as one project for purposes of
day - to-day operations, as well as for annual funding cycles for federal, state and local funds.
The JOA will help to ensure APC's ability to meet its financial commitments with the City.
Fiscal Impact
Per the Standard of Reasonableness, approving the Joint Operating Agreement for the housing
projects and the First Amendment and Assignment for the Spirit of Hope I project meets the
commitments of the accommodation plan for the Collaborative and future reuse goals at
Alameda Point.
Recommendation
City Council and ARRA approve the Joint Operating Agreement for various Alameda Point
Collaborative Housing Projects and City Council approve the First Amendment and Assignment
Agreement for the Spirit of Hope I Project and authorize the City Manager /Executive Director to
execute the Agreements.
es
Leslie Litt e
Development Services Director
itted,
By: â– ebbie Potter
Base Reuse and Redevelopment Manager
C:1Comdev\Base Reuse& Redevp \ARRA\STAFFREP\2006\02 Feb\2.1 -O6 JOA Joint CC- ARRA..doc
Dedicated to Excellence, Committed to Service