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1993-05-25 Special CC Meeting201 SPECIAL COUNCIL MEETING OF THE ALAMEDA CITY COUNCIL MAY 25. 1993 The meeting convened at 7:10 p.m., with Vice Mayor Roth presiding. The Pledge of Allegiance was led by Councilmember Lucas. ROLL CALL - Present: Absent: Councilmembers Appezzato, Arnerich, Lucas, Roth, and President Withrow - 5. [Mayor Withrow arrived at 7:15 p.m.] None. REPORTS AND RECOMMENDATIONS 93-299 Report from the City Manager regarding the Ballena Bay Lease. (Councilmember Appezzato) [Mayor Withrow arrived, and assumed the Chair, during Mr. Shane's comments to Council.] Stanford Shane, Finance Committee, Alameda, suggested the City buy it [Ballena Bay Leasehold] but not operate it as staff does not have the type of expertise necessary; and do not let Marina Operators obtain it, as they did not do a good job when they had it; requested Council's careful consideration; and Council is welcome to copies of his documents concerning operators and operations. Councilman Arnerich stated Council should receive a copy of the letters and correspondence Mr. Shane has; stated the roadway [extension of Ballena Boulevard] is atrocious, and has not been maintained. Mr. Shane stated the rumor is that Marina Operators would like to take over again. Councilmember Appezzato stated taxpayers have already paid because Resolution Trust Corporation [RTC] has sold the note to an investment group; if some taxpayers can reap benefits from this real estate, that would be good. Neil Patrick Sweeney, Alameda, stated Mr. Shane is trying to share something that is very important and we should listen to him; and receive his documentation. At the request of President Withrow, the City Manager explained the status of the Ballena Bay lease, elucidating some of the issues Mr. Shane addressed concerning the loan and the allegation that the taxpayers in some way "came up short;" noted the grant of submerged May 25, 1993 land by the State of California to the City, called Tidelands Trust Land (TTL), and in the late fifties, the lease by the City to Marina Operators, and subsequent sale to Almar; the lease payments are current; the loan they made with a bank in San Diego was taken over by RTC, a division of the United States Government, because the Savings & Loan (S&L) that held that loan, as well as many other loans, did not meet the requirements of the federal government; RTC bundled many of the loans and sold them to a private company. The subject loan is owned by Gap Portfolio Partners with the General Partner being Colony Advisors (Colony). In response to additional questions from Mayor Withrow, the City Manager stated he understands the Bass Brothers are limited partners; if payments are not made on June 1st, they will foreclose; the City has not lost money on the loan payments; the takeover of the San Diego S&L by RTC has no impact on the structure of the City of Alameda; the City has no direct involvement; the lease is the only interface and payments on the lease are current; the legal advertisement in the Times Star indicated there would be a sale of assets of the leasehold to the highest bidder on June 1st; he checked with the title company, and Colony, and they indicated it was probably not going to be a sale of assets but simply a sale of the loan; they believe they have an investor who would buy the loan so they did not believe any sale of assets would occur; the City may negotiate with the leaseholder, or by eminent domain, condemn some of the assets, if there is a need for the assets, and a municipal purpose. President Withrow commented that the issue is to look and determine whether buying the leasehold, which is ayl asset, would be financially prudent on the part of the City from the standpoint rf making money. The City Manager noted there are two possibilities: one is to improve the quality of the leasehold by improving the maintenance, and secondly, is to provide additional revenue to the City; the revenue would go into the Tidelands Trust Fund (TTF); the City can benefit by that money by maintaining, or better maintaining, some of the other Tidelands Trust property. Councilmember Appezzato stated he requested this matter be put on the agenda; $170,000,000,000 that the federal government had to pay to offset the failures of the S&L institutions is being paid by every taxpayer in this country; the City owns the land at Ballena Isle Marina (BIM), and lease payments to the City of $28,600 per year, in today's money, is not an adequate return for that land or submerged land; the owner of the leasehold improvements, Almar, had a note taken over by RTC when the First Savings Bank of San Diego collapsed; RTC sold the note to Colony; if Colony forecloses on Almar on June 1st or shortly thereafter, he would like the City Manager or staff to investigate whether it will be financially beneficial for Alameda to acquire the leasehold improvements; we have precedents: we currently have three enterprise funds providing revenue to the City and also have initiated proceedings in the past May 25, 1993 21 to acquire foreclosed properties; if the price and terms of acquiring this property are beneficial to the City, he would strongly recommend proceeding to purchase the leasehold after foreclosure; if it is not beneficial, he will be the first to recommend that the City not purchase it; and believes Council would be remiss if it did not investigate. Councilmember Appezzato moved to direct the City Manager to investigate, beginning tomorrow, the financial feasibility of acquiring the leasehold if Colony Advisors forecloses on that property on June 1st or thereafter. Councilman Arnerich seconded the motion. Mr. Shane stated the last ten years under Almar has cost the City hundreds of thousands of dollars; the City Attorney's office was in litigation for five years with Almar who hired the largest law firm in the world, Baker & McKenzie; after 5 years, the Ballena Isle Maintenance Agreement was signed but does not mean anything; and we do not want these kinds of people here again. Responding to President Withrow, the City Attorney stated she started working for the City in 1989, there was never any litigation filed between the City and Almar; there were discussions and problems with maintenance but never litigation; Baker & McKenzie represented Almar later when they were discussing the hotel; the original attorneys were McCutcheon, Doyle, et al., and there was an agreement but it was not pursuant to litigation; and she did not hire any outside counsel. Vice Mayor Roth stated that the $28,600 per year the City received for under-water land, is a good return for water; he watched the area filled, buildings and marina built, and leaseholder spent a lot of money on improvements; it is not right to say that now the improvements are done, we should get more money; if, in the year 2029, the City has taken over the area including improvements and decides to lease, then a lot of money would be discussed; the City cannot purchase the loan; he does not think a foreclosure will occur; he discussed possible equity and that community-owned marinas are losing money; and he cannot support trying to buy the leasehold at this time. President Withrow noted the motion is not to buy, only to investigate and determine what the options are. Councilmember Appezzato reiterated he would like the City Manager to begin investigating and discussing with Colony the potential of acquiring the property if it is foreclosed upon on June 1st; the City Manager would report his findings to Council in public session; his motion is to give City Manager backing to begin to investigate, not to purchase the loan, not to act on the foreclosure but to investigate. Councilmember Lucas stated she believes Vice Mayor Roth has analyzed the problem very well; the City leased land under water May 25, 1993 and would not have had anything if someone had not decided to develop it; the improvements will revert to the City by 2029, including the filled land which will be quite valuable at that time; if just the note and deed of trust are being sold, the City Attorney has stated the City cannot buy those; foreclosure is a lengthy proceeding with constant delays and buying foreclosed property is a complicated subject, all of the angles should be looked at; and she suggests the City Attorney consult a person well-versed in foreclosure law. Vice Mayor Roth stated it appeared to him that Councilmember Appezzato wanted the meeting so that the City could be in a position to act on June 1st, however, an ordinance would be necessary and could not be done by June 1st. Councilmember Lucas stated she is also concerned about the June 1st deadline; if the City Manager is to investigate, he should have a reasonable time to evaluate the opportunities; and requested the motion be read. The City Clerk stated the motion is to direct the City Manager -o investigate financial feasibility of leasehold if Colony Advisors forecloses on June 1st. Vice Mayor Roth stated his problem is, if they foreclose, the matter is to be pursued June 1st; but Councilmember Appezzato wants it pursued before June 1st; if the foreclosure is to be the trigger point, that should be stated. President Withrow stated he would be more comfortable addressing the motion if the language was less specific and more general, th&;.. would request that the City Manager investigate and assess options that may be available, given the transactions that are taking place with respect to Almar, Ballena Bay and any others as it relates to that; that way it would not mislead people. Councilmember Appezzato stated he has talked to Colony and the principal; as an individual citizen, they advised him that they have a contract that may be delayed through June, and if this Council gave the City Manager authority to investigate, they would be happy to talk to the City Manager; and his motion, for clarification, is that the City Manager investigate, not purchase the loan; he will stand by his motion that Council allow the City Manager to investigate the benefits for the City of Alameda. Councilmember Lucas inquired if Councilmember Appezzato would be averse to removing the June 1 date from his motion. Councilmember Appezzato stated the June 1 date only has relevance to the fact that it has been posted and noticed in the paper as the foreclosure date. He wants the City Manager to begin tomorrow to initiate discussion; June 1st is an immaterial date. President Withrow stated he leans toward eliminating the June 1st May 25, 1993 date, and also believes the motion would have more impact if Colony was removed; the City Manager should investigate all options and connections. Vice Mayor Roth further commented on his concerns. President Withrow inquired if Vice Mayor Roth would be more comfortable with general language, and the Vice Mayor replied affirmatively. President Withrow stated Mr. Shane has made a good point and Councilmember Appezzato has made a good point; if there is an opportunity for the City to gain, we should be involved. Vice Mayor Roth commented on the possibility of limiting staff's time and money spent on the investigation. Councilmember Lucas made a substitute motion that Council request the City Manager look into the acquisition of the Ballena Bay lease and report back to Council with his recommendation; and stated he should be given adequate time, and not given a June 1st deadline. Vice Mayor Roth seconded the motion. Councilmember Appezzato stated the motion is stronger than his motion and he can accept that. The motion carried by unanimous voice vote - 5. ADJOURNMENT President Withrow adjourned the meeting at 8:15 p.m. Respectfully submitted, n Diane B. Felsch, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. May 25, 1993