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2009-06-03 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, June 3, 2009 Meeting will begin at 7:00 p.m. Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Board or a member of the public. 2 -A. Approve the minutes of the Special Meeting of May 19, 2009. 2 -B. Authorize Negotiation and Execution of a Sublease Renewal for Alameda Municipal Power at Alameda Point. 2 -C. Authorize Negotiation and Execution of a Sublease for NRC Environmental Services at Alameda Point. 2 -D. Authorize Negotiation and Execution of a Sublease Renewal for Piedmont Youth Soccer Club at Alameda Point. 2 -E. Authorize Negotiation and Execution of a Sublease Renewal for SF Tom's Sales at Alameda Point. 3. REGULAR AGENDA ITEMS 3 -A. Alameda Point Update - Presentation of Navy's Environmental Remediation Levels and SunCal's Land Plan. 4. ORAL REPORTS 4 -A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative - Highlights of May 7 Alameda Point RAB Meeting. ARRA Agenda — June 3, 2009 Page 2 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT This meeting will be cablecast live on channel 15. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. APPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Tuesday, May 19, 2009 The meeting convened at 7:47 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore Vice Chair Doug deHaan 2. CONSENT CALENDAR 2 -A. Approve the minutes of the Regular Meeting of April 1, 2009. 2 -B. Authorize Negotiation and Execution of a Sublease Extension for General Services Administration at Alameda Point. 2 -C. Accept the Interim Executive Director's Statement of Emergency Regarding Expenditures for the Fire at the Fleet Industrial Supply Center and Approve the Project Budget Item 2 -C was pulled by Member Tam for discussion. The balance of the Consent Calendar was motioned for approval by Member Tam, seconded by Member Matarrese and passed by the following voice votes: 5 ayes, 0 Noes, 0 Abstentions. Item 2 -C — Member Tam asked for clarification on whether or not the debris retrieved was tested. Leslie Little, Development Services Director, explained that the debris was tested by quarter, and not tested individually, because the intent is to haul everything off. Member Tam also asked what kind of thresholds should be met to determine whether it was cleaned accurately. Ms. Little stated that the Bay Area Air Quality Management District (BAAQMD) set the standards for the cleanup. Vice Chair deHaan and Member Matarrese expressed concerns that the ARRA is now footing the $1.6M bill for the demo of the burned building. They discussed Catellus' DA which obligates them to do demolition, which included this building. Ms. Little explained that they're not obligated to do the demo because they have not moved forward with any initial phase. She further explained that an issue such as this is an unanticipated cost which clearly demonstrates what these do to the fund balance. Member Matarrese requested that the cost be transferred to the project and that Catellus remain obligated to reimburse the ARRA. He requested the City Attorney provide feedback on the proper legal options we have so that the project becomes encumbered. Terri Highsmith, City Attorney, understood the direction and will provide the information requested. Member Matarrese motioned for approval of Item 2 -C with the provision of receiving feedback from legal counsel on the possibilities of encumbering the cost to the project. Member Tam seconded the motion and it: was passed by the following voice votes: 5 ayes, 0 Noes, 0 Abstentions. 3. ORAL COMMUNICATIONS, NON- AGENDA (PUBLIC COMMENT) There were no speakers. 4. COMMUNICATIONS FROM THE GOVERNING BODY Vice Chair deHaan and Member Matarrese attended the last RAB meeting and had concerns about the Navy's cleanup direction — whether it is predicated on the PDC, or if the Navy is remediating according to SunCal's concept plan. Member Matarrese requested clarification of their method and also requested this item be agendized and brought back to the ARRA at its next regular meeting. 5. ADJOURNMENT Meeting was adjourned at 8:04 p.m. by Chair Johnson. Respectfully submitted, 6-6/44, Irma Glidden ARRA Secretary Alameda Reuse and Redevelopment Authority Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: June 3, 2009 Re: Authorize Negotiation and Execution of a Sublease Renewal for Alameda Municipal Power at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for Alameda Municipal Power is for two years. DISCUSSION Alameda Municipal Power has occupied a portion of Building 162 and the adjacent Fenced Lot at Alameda Point for the past four years. This building and fenced lot is used for storage of electric utility equipment and materials. Attachment A describes the business terms for the proposed sublease for Alameda Municipal Power in a portion of Building 162 and the adjacent Fenced Lot. The rent for Alameda Municipal Power in a portion of Building 162 is $113,236 annually, or $0.2884 per sq. ft., and for the Fenced Lot is $12,996 annually or $0.0206 per sq. ft. for the term of the lease. The building and fenced lot will continue to be used for storage of electric utility equipment and materials. Building 162 is in poor condition, while the Fenced Lot is in fair condition. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will generate $126,232 in the first year. These funds will be retained by the ARRA. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority RECOMMENDATION June 3, 2009 Page 2 of 2 Authorize negotiation and execution of a sublease for Alameda Municipal Power at Alameda Point. Respec fully submitted, eslie Little Development Services Director By: Nanette Banks Mocanu Finance and Administration Manager Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE (SF) TERM RENT Alameda Municipal Power 162 38,500 2 yrs $11,103/mo. Alameda Municipal Power Fenced Lot 52,595 2 yrs $1,083/mo. ATTACHMENT B Alameda Reuse and Redevelopment Authority Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: June 3, 2009 Re: Authorize Negotiation and Execution of a Sublease for NRC Environmental Services at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for NRC Environmental Services is for two years. DISCUSSION NRC Environmental Services presently occupies Building 15, adjacent to Building 64 at Alameda Point, for their main office. The company wants to expand its operations to include Building 64. Attachment A describes the business terms for the proposed sublease for NRC Environmental Services in Building 64. The rent for NRC Environmental Services is $4,800 annually, or $0.40 per sq. ft. in the first year. There is a 3% increase each year in the subsequent years. The building will be used for document and file storage space. Building 64 is in poor condition. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. BUDGET CONSIDERATION / FINANCIAL IMPACT This lease will generate $4,800 during the first year. These lease revenues will be retained by the ARRA for operations and maintenance at Alameda Point. RECOMMENDATION Authorize negotiation and execution of a sublease for NRC Environmental Services at Alameda Point. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Respectfully submi ed, Leslie Little Development Services Director By: Nanett- Banks Mocanu Finance and Administration Manager Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE (SF) TERM RENT NRC Environmental Services 64 1,000 5 yrs $400 /mo. ATTACHMENT B !, 14 ilJ rIN -1.11 , „ 4 'IS .ANsgrk A,.>1 1 (Dj ' z cu , . — n I LC) cu _J CO 0‘.= (Y) RAMP NO, 3 AI NRC Environ Alameda Reuse and Redevelopment Authority Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: June 3, 2009 Re: Authorize Negotiation and Execution of a Sublease Renewal for Piedmont Youth Soccer Club at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for Piedmont Youth Soccer Club is for five years. DISCUSSION Piedmont Youth Soccer Club leased the fields they currently occupy from the ARRA five years ago. During this lease, Piedmont Youth Soccer Club will upgrade the grass playing field, which includes grading, installing an irrigation system, planting fill -in grass, all at their sole expense. Attachment A describes the business terms for the proposed sublease for Piedmont Youth Soccer Club at Fields 424 and 425, located between Buildings 2, 3, and 4. The rent for Piedmont Youth Soccer Club is waived; however, Piedmont Youth Soccer Club shall continue to maintain the field at their sole expense, which is estimated to be approximately $40,000 annually. In addition to maintaining the field, they also pay for the water used which averages $550 per month. The field will continue to be used for adult and youth soccer. When the field is not in use, the field will be available for the Recreation and Park Director to schedule use. In accordance with the Exclusive Negotiating Agreement between the ARRA and SunCal Companies, this lease has been discussed with representatives from SunCal Companies and has their concurrence. FINANCIAL IMPACT This lease will generate approximately $6,600 in the fist year to pay for water. These funds will be retained by the ARRA. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority RECOMMENDATION June 3, 2009 Page 2 of 2 Authorize negotiation and execution of a sublease for Piedmont Youth Soccer Club at Alameda Point. Respe ully submitted, eslie Little Development Services Director By: Nanette Banks Mocanu Finance and Administration Manager Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE (SF) TERM RENT Piedmont Youth Soccer Club Fields 424 & 425 283,140 5 yrs Waived ATTACHMENT B Lj (Y) C r L L.= tri I- 1 CY) tinv_ I I L 111 16ES L._ _IL 1 1 1 '1S -11- 1 II 1 I L CD CU 0 0 CO -1F L - 71 LJ LJ 1111 W. MIDWAY CD \ \ 1 Sr' a oJ 1S ■••••••• O 0 =V' 1 Alameda Reuse and Redevelopment Authority Memorandum 2-E To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: June 3, 2009 Re: Authorize Negotiation and Execution of a Sublease for San Francisco Tom's Sales at Alameda Point BACKGROUND The Alameda Reuse and Redevelopment Authority (ARRA) governing Board approves all Alameda Point subleases with a lease term greater than one year. The proposed sublease for San Francisco Tom's Sales is for two years. DISCUSSION Attachment A describes the business terms for the proposed sublease for San Francisco Tom's Sales in Building 621. The rent for San Francisco Tom's Sales is $42,300, or $0.38 per sq. ft. in the first year. There is a 3% increase in the second year. The building will be used for storage of vending equipment and supplies. Building 621 is in fair condition. In accordance with the Exclusive Negotiating Agreement between the ARRA and Sun Cal Companies, this lease has been discussed with representatives from Sun Cal Companies and has their concurrence. BUDGET CONSIDERATION / FINANCIAL IMPACT This lease will generate $42,300 in the first year. These funds will be retained by the ARRA. RECOMMENDATION Authorize negotiation and execution of a sublease for San Francisco Tom's Sales at Alameda Point. Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority Respectfully submitted, Leslie Little Development Services Director By: Nanette Banks Mocanu Finance and Administration Manager Attachment: A. Proposed Sublease Business Terms B. Site Map ATTACHMENT A PROPOSED SUBLEASE BUSINESS TERMS TENANT BUILDING SIZE (SF) TERM RENT San Francisco Tom's Sales 621 9,198 2 yrs $3,525/mo. ATTACHMENT B v K 0 CD 0 z 1 1 0 \G ST 0 0) LT] Alameda Reuse and Redevelopment Authority Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: Ann Marie Gallant Interim Executive Director Date: June 3, 2009 Re: Alameda Point Update - Presentation of Navy's Environmental Remediation Levels and SunCal's Land Plan BACKGROUND At its May 19, 2009 special meeting, the Alameda Reuse and Redevelopment Authority (ARRA) Board requested that staff clarify which land use planning assumptions the Navy uses for establishing its environmental remediation goals and whether or not those environmental remediation goals are consistent with SunCal's proposed land plan. This report is for information only; no action is required. DISCUSSION Initially, the Navy agreed to remediate soil and groundwater contamination at Alameda Point to support the land uses identified in the 1996 Community Reuse Plan (Chapter 9 of the City's General Plan). However, once the ARRA formally accepted the 2006 Preliminary Development Concept (PDC), the Navy expanded its commitment to implement remediation levels that support PDC land uses. Neither the City nor the ARRA have taken any action on SunCal's March 2009 Specific Plan, which is part of its ballot initiative. In the event the Specific Plan is approved by the voters and proposes land uses in specific locations that require greater environmental remediation efforts than called for in the Reuse Plan, or in certain instances, the PDC, the incremental remediation effort would be SunCal's responsibility. It is important to note that SunCal is not precluded outright, by the establishment of an environmental remediation goal, from developing a different land use at a specific location, but to do so, SunCal would need to obtain the necessary approvals from the environmental regulatory agencies and to pay for the cost of any additional required remediation activity. In the remedial decision - making process, federal and state environmental regulators consistently promote Navy remediation for unrestricted reuse. The regulators prefer active remediation because it is inherently more effective than land use controls, which often must be enforced indefinitely. To date, the Environmental Protection Agency (EPA), as the lead regulator on the Base Realignment and Closure (BRAC) Cleanup Team (BCT), has achieved remediation to unrestricted reuse at particular sites, even when the proposed reuse is recreational, commercial, or industrial. Based on EPA's initiative to date, Dr. Peter Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority June 3, 2009 Page 2 of 2 Russell, the ARRA's environmental consultant, believes the BCT ultimately will direct that most sites at Alameda Point, with relatively few exceptions, be remediated to permit unrestricted reuse. However, in some instances, land use restrictions are unavoidable, as in the case of prohibitions on digging into the Marsh Crust without a permit. There are several examples of the Navy remediating Alameda Point sites to unrestricted reuse. For example, the May 2009 draft Feasibility Study for OU -2C, the central industrial area, proposes to clean the area west of Building 5 to residential standards, even though both the Reuse Plan and the PDC indicate this area would not be residential. At IR Site 26 (the western hangars), the Record of Decision (ROD) specifies remediation levels to unrestricted reuse, even though the planned future use is commercial /industrial. At R Site 15, the former transformer storage area in the Northwest Territory, the Navy remediated so that no land use controls are needed, despite the fact that site will not be residential due to Public Trust restrictions. Although these examples demonstrate that in certain instances unrestricted use can be achieved, the Navy maintains the position that the Reuse Plan and the PDC define remedial goals that, to the extent practicable, will be achieved through the remedial process. While the Navy's commitment is to remediate to the Reuse Plan land uses, and in some instances, PDC land uses, it is aware of the land uses contained in SunCal's 2009 Specific Plan. In a number of instances, the Navy, with BCT oversight, is remediating sites to unrestricted reuse, even when the future land uses are noted as commercial or industrial. In addition, SunCal will not be precluded from building residential uses in areas that are remediated to commercial /industrial levels. However, in those cases, post- conveyance, SunCal will be required to obtain approval from the environmental regulators and to pay for any additional remediation activities. RECOMMENDATION This report is for information only; no action is required. Resp-- ;tfully submitted, Leslie Little Development Services Director By: Debbie Potter Base Reuse and Redevelopment Manager Russell Resources, inc. Item 4 -A environmental management Alameda Point RAB Meeting on May 7, 2009 Highlights and Analysis RAB members present: Dale Smith (Community Co- chair), Fred Hoffman, George Humphreys, Joan Konrad, Jim Leach, Jean Sweeney, Jim Sweeney, and Michael John Torrey Remediation and other field work in progress: Mr. Pat Brooks, the RAB Navy Co- chair, mentioned the following activities of interest: o Sample results show that the groundwater treatment chemicals recently injected at IR Site 26 (western hangar row) are continuing to degrade contaminants. o The work plan for dredging IR Site 17 (Seaplane Lagoon) is being finalized. Remediation work is expected to begin in March 2010. o The Navy is finalizing a contract to assess the unexpected discovery of radioactive contamination at the top of the riprap on the western shoreline of Seaplane Lagoon. o The petroleum remediation systems near the southern end of western hangar row and near the base's Atlantic Avenue entrance are operating well. The western hangar row location's plume has still not been completely bounded. o The air sparge /vapor extraction system to treat groundwater contaminated with benzene and naphthalene at Alameda Point OU -5 and FISCA IR Site 2 is operating. RAB Rules of Operation The RAB's revised rules of operation were finalized with the appropriate signatures. IR Site 24 (Pier Area Sediments) The Navy presented the Proposed Plan for IR Site 24, which endorses excavation and offsite disposal of all contaminated sediment above cleanup goals. IR Site 24 consists of the submerged lands at Piers 1, 2, and 3. Historic discharges from stotlu drain lines have resulted in sediment contamination with the metals cadmium and lead, as well as with pesticides and polychlorinated biphenyls (PCBs). These contaminants likely originated at industrial buildings in the tributary area the stout drains serve. The approximately '/a acre area with sediment contaminant levels needing cleanup is at the mouth of storm drain Outfall J. This area lies mostly under Wharf Road, which is supported on pilings at this location. The IR Site 24 feasibility study also had evaluated several less thorough remedial alternatives, such as monitoring and sediment capping. However, the Proposed Plan favored excavation over all of these because the other alternatives would have entailed long -term institutional controls, without dramatic cost savings. The proposed alternative is the most conservative (thorough) among those considered. Several RAB members questioned various aspects of the investigation and clean -up proposal. In response to a question, the Navy assured the RAB that it would excavate and remove contaminated sediments, even if they occur deeper than the Navy anticipates based on its RRI, 440 Nova Albion Way, Suite 1, San Rafael, California 94903 415.902.3123 fax 815.572.8600 Page 2of2 June 3, 2009 Alameda Point RAB Meeting, May 7, 2009 Highlights and Analysis investigation. Confirmation sampling will be used to indicate when all contamination above clean -up goals has been removed. A community member expressed concern that the Navy's investigation of the more off -shore portions of IR Site 24 had not sampled deeply enough. However, unlike the area under Wharf Road where high contaminant levels are present, the Navy regularly dredged the more off -shore areas, which are along the piers, to ensure access by large ships. The Navy's earlier investigation of the nearby Seaplane Lagoon included deeper sediment sampling than occurred at IR Site 24. Those results show that, as a rule, contamination of deeper sediments at Seaplane Lagoon occurs only where relatively shallow sediments also are contaminated. Thus, it is unlikely that off -shore sediments at IR Site 24 are contaminated at depths deeper than the Navy's investigation. Subsequent to the RAB meeting, the Navy held a formal public meeting to receive comments on the IR Site 24 Proposed Plan (May 13, 2009). 440 Nova Albion Way, Suite 1, San Rafael, California 94903 415.902.3123 fax 815.572.8600