Loading...
2010-02-16 Joint CC ARRA CIC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- - FEBRUARY 16, 2010- -7:01 P.M. Mayor /Chair Johnson convened the meeting at 10:36 p.m. ROLL CALL - Present: Councilmembers / Board Members / Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor /Chair Johnson —5. Note: Councilmember /Board Member /Commissioner Tam arrived at 10: 38 p.m. Absent: None. CONSENT CALENDAR Mayor /Chair Johnson announced that the Chamber of Commerce Contract Amendment [paragraph no. 10 -06 CIC] would be continued to a future meeting. Councilmember /Board Member /Commissioner Matarrese moved approval of the remainder of the Consent Calendar. Vice Mayor /Board Member /Commissioner deHaan seconded the motion, which carried by unanimous voice vote —4. [Absent: Councilmember /Board Member /Commissioner Tam — 1.] [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *10 -080 CC /ARRA/10 -05 CIC) Minutes of the Special Joint City Council, ARRA and CIC Meetings Held on January 26, 2010. Approved. (10 -06 CIC) Recommendation to Authorize the Interim Executive Director to Amend Scope of Contract with the Alameda Chamber of Commerce for Fiscal Year 2009 -2010. Continued to future meeting. ( *10 -081 CC /10 -07 CIC) Recommendation to Approve an Amendment to the Grand Marina Village Affordable Housing Agreement and Authorize the Interim City Manager /Interim Executive Director to Execute the Amendment. AGENDA ITEM 10 -082 CC /ARRA/10 -08 CIC) Consider SunCal's Requests to: (1) Approve an Addendum Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission February 16, 2010 to the Exclusive Negotiation Agreement (ENA) between SunCal and Alameda Requesting Modification to Certain Terms Including Extending the Term of the ENA to July 20, 2012; and (2) Retract the Notice of Default Sent by Alameda regarding SunCal's Performance under the ENA. The Interim City Manager /Interim Executive Director provided a brief presentation. Vice Mayor /Board Member /Commissioner deHaan inquired what was outlined in the letter of retraction regarding the Notice of Default, to which the Interim City Manager /Interim Executive Director responded the letter includes that SunCal's intent is to pursue further discussions with the City; clarification will have to be obtained in a meeting scheduled with SunCal for Thursday. Vice Mayor /Board Member /Commissioner deHaan inquired what is the date of said letter, to which the Deputy City Manager responded February 12. In response to Vice Mayor /Board Member /Commissioner deHaan's further inquiry, the Interim City Manager /Interim Executive Director stated a January letter requested an ENA extension; once the Notice of Default was issued, a letter [e -mail] was sent asking the Mayor and City Council to override the administrative decision, which is under the Council's authority; said letter was sent last week [February 8]; then, a few days later, Friday afternoon [February 12], SunCal sent a second letter dealing with the Notice of Default stating that they [SunCal] were withdrawing their request to have Council override the Notice of Default subject to further discussions with the City. Vice Mayor /Board Member /Commissioner deHaan inquired whether the letters were sent within one week, to which the Interim City Manager /Interim Executive Director stated it was all within a short time. In response to Vice Mayor /Board Member /Commissioner deHaan's inquiry about whether there has been any dialogue [with SunCal], the Interim City Manager /Interim Executive Director stated there will be an opportunity through ENA discussions this week and next week to get further clarification as to what SunCal meant. Vice Mayor /Board Member /Commissioner deHaan inquired when was the original request for the two -year ENA extension, and whether the reporting out from the Closed Session was to defer the action. The Interim City Manager /Interim Executive Director responded the report out from the Closed Session in late January was to consider the matter after the election. Vice Mayor /Board Member /Commissioner deHaan inquired when the 30 days under the Special Joint Meeting Alameda City Council, Alameda 2 Reuse and Redevelopment Authority and Community Improvement Commission February 16, 2010 Notice of Default would be due, the City Attorney responded March 8. Speakers: Jim Pitzer; Mary Fetherolf, Alameda; William Smith, Alameda; Ashley Jones, Alameda; Rosemary McNally, Alameda; Jean Sweeney, Alameda; Jim Sweeney, Alameda; Jim Sweeney, Alameda; Gretchen Lipow, Alameda; and Dorothy Freeman. Councilmember /Board Member /Commissioner Matarrese stated the City has a Contract with SunCal; that he would like to see if it is appropriate to repeat the request that was made a month or so ago, which is to request that SunCal lift the restrictions on confidentiality that exist in the current ENA; regardless of the outcome, the process would be more visible and staff would be able to communicate with the Council / Board / Commission and the electorate; the confidentiality cloak has not served the City well and he is not sure if it has served SunCal well; the request should be reiterated to SunCal. Vice Mayor /Board Member /Commissioner deHaan inquired whether Councilmember /Board Member /Commissioner Matarrese is requesting an action item at the next ARRA meeting. Councilmember /Board Member /Commissioner Matarrese responded that he is requesting that the Interim City Manager /Interim Executive Director be directed to make the request to SunCal to release the confidentiality restriction; moved approval [of directing the Interim City Manager /Interim Executive Director to request SunCal to release the confidentiality restriction]. Mayor /Chair Johnson stated SunCal wrote a letter indicating that they support a more transparent process. Vice Mayor /Board Member /Commissioner deHaan seconded the motion. Under discussion, Councilmember /Board Member /Commissioner Tam inquired whether an action is being taken or if the matter is being addressed as a Council /Board /Commission Communication. Councilmember /Board Member /Commissioner Matarrese responded the matter is under the agenda item in response to the request. The City Attorney /Legal Counsel stated SunCal was requesting approving an addendum to the ENA, including specifics about what the addendum should look like; given that the action item was to discuss that [ENA amendment], the Council /Board /Commission can make a motion and ask the Interim City Manager /Interim Executive Director to have a discussion with SunCal regarding amending the ENA in a different way; the suggestion [releasing confidentiality restrictions] would require an amendment to the ENA; the City cannot unilaterally choose to make SunCal's documents open to the public; SunCal would Special Joint Meeting Alameda City Council, Alameda 3 Reuse and Redevelopment Authority and Community Improvement Commission February 16, 2010 have to agree to do so, which would be done by amending the ENA. Vice Mayor /Board Member /Commissioner deHaan stated a similar request was made six months ago; inquired whether the matter is part of the public record. The City Attorney /Legal Counsel responded that she would have to check the record; the Council /Board /Commission would have to make a motion to discuss the matter if it was addressed in closed session. Councilmember /Board Member /Commissioner Gilmore stated SunCal would have to agree to an ENA amendment to be more transparent; inquired whether SunCal's letter from last October would not have been sufficient and an ENA amendment would have been required. The City Attorney /Legal Counsel stated that she believes the letter proposed choosing item by item what would become public record, which is not the same as lifting the confidentiality provision altogether. Councilmember /Board Member /Commissioner Gilmore inquired what lifting confidentiality would look like; questioned whether negotiations between staff and SunCal would be done in public. The City Attorney /Legal Counsel responded the confidentiality provision in the ENA has to do with the documents; stated assuming SunCal agrees, the documents would become public record and it would be appropriate to talk about what is in the documents. Councilmember /Board Member /Commissioner Matarrese inquired whether documents are the pro forma, business plan, etc., to which the City Attorney /Legal Counsel responded in the affirmative. Vice Mayor /Board Member /Commissioner deHaan stated the reason it [lifting confidentiality restrictions] is so important is the City could not divulge what was in the $200 million cap. Councilmember /Board Member /Commissioner Tam stated that she is still confused - -the agenda item is to consider requests for ENA extension and retraction of the Notice of Default; SunCal has withdrawn both requests; inquired if there is a way to take action aside from what was noticed on the agenda. The City Attorney /Legal Counsel stated the action is relying on what was noticed; the Council /Board /Commission always has authority to approve, deny or ask to do it differently; the Council /Board /Commission can request that SunCal consider a different Special Joint Meeting Alameda City Council, Alameda 4 Reuse and Redevelopment Authority and Community Improvement Commission February 16, 2010 amendment to the ENA, such as releasing negotiation documents. Mayor /Chair Johnson stated SunCal letters discussed withdrawing agenda items; SunCal does not withdraw agenda items; SunCal can just withdraw their requests; the agenda items stay in place. Councilmember /Board Member /Commissioner Matarrese stated SunCal's letter indicates that they want to formally address the Notice of Default in formal discussions. Councilmember /Board Member /Commissioner Tam stated that she would be more comfortable if SunCal was given the same courtesy that they gave the City in terms of asking specifically what the Council /Board /Commission would like to see as an amendment to the ENA. Councilmember /Board Member /Commissioner Matarrese stated that his motion is to direct the Interim City Manager /Interim Executive Director to ask just that [about a specific ENA amendment to lift confidentiality restrictions]. Vice Mayor /Board Member /Commissioner deHaan stated certain things will never come out of closed session; however, the vast majority should be released and discussed. On the call for the question, the motion carried by unanimous voice vote — 5. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the meeting at 11:09 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, CIC The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda 5 Reuse and Redevelopment Authority and Community Improvement Commission February 16, 2010