Loading...
2011-11-02 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chambers 2263 Santa Clara Avenue Alameda, CA 94501 PLEDGE OF ALLEGIANCE 1. ROLL CALL Wednesday, November 2, 2011 Meeting will begin at 7:00 p.m. 2. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (A limited number of speakers may address the governing body in regard to any matter over which the governing body has jurisdiction or of which it may take cognizance, that is not on the agenda; this section is limited to 15 minutes; additional public comment will be addressed under Item 6.) 3. CONSENT CALENDAR 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. 3 -A. Approve the Minutes of the Special Meetings of September 20, 2011 and the Special and Regular Meetings of October 5, 2011. 3 -B. Approve a 47 -Year Legally Binding Agreement with Alameda Point Collaborative for Buildings 802, 803, 806, 809, 810, 811 and 812 (30 Units of Housing) and Authorize the Executive Director to Execute the Agreement and any Related Documents. 4. REGULAR AGENDA ITEMS 4 -A. Presentation on Status Report of Environmental Conditions of the Alameda Point Site. 5. ORAL REPORTS 5 -A. Oral Report from Member deHaan, Restoration Advisory Board (RAB) Representative — Highlights of October 6, 2011 RAB Meetings. 6. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) ARRA Agenda- November 2, 2011 Page 2 (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction or of which it may take cognizance, that is not on the agenda; speakers not called under Item 2 may address the governing body at this time.) 7. EXECUTIVE DIRECTOR COMMUNICATIONS None. 8. REFERRALS FROM THE GOVERNING BODY 9. COMMUNICATIONS FROM THE GOVERNING BODY 10. 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 747 -4800 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. MINUTES OF THE SPECIAL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETING WEDNESDAY- -SEPTEMBER 20, 2011- -6:30 P.M. Mayor Gilmore convened the meeting at 6:30 p.m. Roll Call — Present: Councilmembers Bonta, deHaan, and Tam — 3. Absent: Councilmember Johnson and Chair Gilmore PUBLIC COMMENT ON AGENDA ITEMS ONLY None. The meeting was adjourned to Closed Session to consider: (11-066) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (54956.8): Property: Alameda Point Agency Negotiator: Jennifer Ott, Alameda Point COO Negotiating parties: ARRA and US Navy Under Negotiations: Price and Terms of Payment The Governing Board provided direction to staff. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 6:40 p.m. Respectfully submitted, Irma Glidden ARRA Secretary The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting ARRA September 20, 2011 MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY TUESDAY, September 20, 2011 The meeting convened at 8:36 p.m. with Chair Gilmore presiding. 1. ROLL CALL Present: Board Members Bonta, deHaan, Tam — 3. Absent: Member Johnson, Chair Gilmore - 2 2. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) None. 3. CONSENT CALENDAR (*11-067) Recommendation to Authorize the Executive Director to Direct PM Realty Group, Acting as Property Manager, to Enter into a Contract with Dutra Dredging Company to Dredge the Alameda Point Channel in an Amount Not to Exceed $1,713,000. The Economic Development Division Manager provided a brief presentation. Member deHaan moved for approval of the Consent Calendar. Member Tam seconded the motion, which carried by unanimous voice vote — 3. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] 4. ADJOURNMENT There being no further business, Chair Gilmore adjourned the meeting at 8:40 p.m. Respectfully submitted, Irma Glidden ARRA Secretary Special Meeting ARRA September 20, 2011 UNAPPROVED MINUTES OF THE SPECIAL ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY MEETING WEDNESDAY- -OCTOBER 5, 2011- -6:30 P.M. Mayor Gilmore convened the meeting at 6:40 p.m. Roll Call — Present: Councilmembers Bonta, deHaan, Johnson, Tam, and Chair Gilmore — 5. Absent: None. PUBLIC COMMENT ON AGENDA ITEMS ONLY None. The meeting was adjourned to Closed Session to consider: (11-068) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (54956.8): Property: Alameda Point Agency Negotiator: Jennifer Ott, Alameda Point COO Negotiating parties: ARRA and US Navy Under Negotiations: Price and Terms of Payment The negotiator provided a status on negotiations. The ARRA Board provided direction. ADJOURNMENT There being no further business, Mayor Gilmore adjourned the meeting at 7:00 p.m. Respectfully submitted, Irma Glidden ARRA Secretary The agenda for this meeting was posted in accordance with the Brown Act. Special Meeting ARRA October 5, 2011 UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY WEDNESDAY, Ocotber 5, 2011 The meeting convened at 7:07 p.m. with Chair Gilmore presiding. Chair Gilmore requested that the Pledge of Allegiance be added to the ARRA agenda. 1. ROLL CALL Present: Board Members Bonta, deHaan, Johnson, Tam and Chair Gilmore — 5. Absent: None. 2. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) None. 3. CONSENT CALENDAR ( *11 -069) Approve the Minutes of the Special and Regular ARRA Meetings of September 7, 2011. Member deHaan moved for approval of the Consent Calendar. Member Johnson seconded the motion, which carried by unanimous voice vote — 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] 4. REGULAR AGENDA ITEMS (11 -070) Approve Term Sheet between United States Navy and the Alameda Reuse and Redevelopment Authority for No -Cost Conveyance of Alameda Point. The Chief Operating Officer — Alameda Point summarized the Term Sheet. Pursue no -cost conveyance for LBNL, Navy Comprehensive conveyance strategy for entire base — discussed the major terms. Next steps to negotiate amendment to existing economic development conveyance memorandum of agreement bring back to ARRA for approval. The Acting City Attorney asked the Chief Operating Officer — Alameda Point to explain the Environmental Review of the term sheet. The Chief Operating Officer — Alameda Point explained that Alameda Point does not constitute a project under CEQA, therefore the Board is able to approve the term sheet without conducting additional environmental review. Speaker: Diane Lichtenstein, HOMES, congratulated staff on a job well done after 14 years. Ms. Lichtenstein discussed hope for the housing plan to move ahead, and hopefully with LBNL at the Point. Regarding the enforcement provision of the market rate residential, Chair Gilmore requested confirmation that the City will not have to pay the $50,000 fee per unit to the Navy. The Chief Operating Officer — Alameda Point responded in the affirmative. Vice Chair Bonta reemphasized that the Navy will maintain their obligation to clean up the property. The City Manager also reiterated that the City has incurred no environmental liability. Regular Meeting ARRA September 7, 2011 Member Tam discussed the City's other obligation to provide work -force and affordable housing. The Chief Operating Officer — Alameda Point informed the Board that since staff has been receiving a lot of inquiries regarding remediation, there will be a presentation from the Environmental Consultant, Peter Russell, at the November ARRA meeting. Chair Gilmore stated that, in addition to the no -cost conveyance, the City gets control over the land. This is a valuable opportunity to develop more long term leases because we can provide tenants with certainty. Member deHaan recognized and thanked the members of the BRAG and other numerous community organizations over the past 15 years. Chair Gilmore joined Member deHaan in recognizing the community organizations that brought us to this point. Member Bonta moved to approve the Term Sheet. Member Tam seconded the motion. On the call for the question, the motion carried by a roll call vote: Member deHaan — Aye, Member Johnson — Aye, Member Tam — Aye, Vice Chair Bonta — Aye, Chair Gilmore — Aye. Ayes: 5. Noes: 0. Abstentions: 0 5. ORAL REPORTS (11 -071) Oral Report from Member deHaan, Restoration Advisory Board (RAB) Representative — Highlights of September 1, 2011 RAB Meetings. Member deHaan introduced Richard Banger, RAB member, who was present in the in audience. Mr. Banger compiled a great amount of information on the history and activity regarding the remediation of Alameda Point on his website: www. alamedapointenvironmentalreport .com. The Chief Operating Officer — Alameda Point added that, with Mr. Banger's help, key information about remediation will be included on the City's website. Staff is also working with the Environmental Consultant, Peter Russell, to provide a less technical, shorter executive summary, but have technical minutes still available. 6. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) Carol Gottstein, Alameda citizen, spoke about the base cleanup and informed the public about the repository at City Hall West which includes a large amount of information regarding the Alameda Point remediation. Ms. Gottstein recently joined the RAB and encouraged others to join or attend the RAB meetings. 7. EXECUTIVE DIRECTOR COMMUNICATIONS The City Manager stated that staff and the Council owes a debt of gratitude to Jennifer Ott (Chief Operating Officer — Alameda Point) for all her hard work in bringing us to this point. Vice Chair Bonta thanked Ms. Ott publicly, commending her on the great work and that the Board is proud of the fantastic results. Chair Gilmore thanked Ms. Ott for staying the course and working through many years of frustration. Member Johnson thanked the attorneys for a team effort. 8. REFERRALS FROM THE GOVERNING BODY None. 9. COMMUNICATIONS FROM THE GOVERNING BODY None. 10. ADJOURNMENT There being no further business, Chair Gilmore adjourned the meeting at 7:40 p.m. Respectfully submitted, Irma Glidden ARRA Secretary Regular Meeting ARRA September 7, 2011 Alameda Reuse and Redevelopment Authority Memorandum To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: John A. Russo Executive Director Date: November 2, 2011 Re: Approve a 47-Year Legally Binding Agreement with Alameda Point Collaborative for Buildings 802, 803, 806, 809, 810, 811, and 812 (30 Units of Housing) and Authorize the Executive Director to Execute the Agreement and any Related Documents BACKGROUND 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 (County) and an organized group of homeless providers, known as the Alameda County Homeless Providers Base Conversion Collaborative (currently 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 provides general commitments related to future reuse goals at Alameda Point. Two hundred existing housing units were allocated to several non-profit housing providers (Providers) for use by clients transitioning from homelessness. In 1996, the ARRA approved the form of a Legally Binding Agreement (LBA) to be used by the APC and each Provider that was allocated housing units to accommodate its clients. The 59-year LBA was to be executed once the underlying property was conveyed by the Navy to the ARRA. Believing that the Navy would soon convey the real property, the Providers began raising funds to rehabilitate their units. The ARRA subsequently entered into Interim Subleases with the Providers in order to permit them to establish "site control" necessary to retain their federal and state grant funding. In 2001, to facilitate the Providers' further applications for funding, the ARRA approved an amended form of LBA that includes "cure" provisions and mortgagee provisions required by private lenders. Honorable Chair and November 2, 2011 Members of the Alameda Reuse and Redevelopment Authority Page 2 of 3 In 2005, Dignity Housing West (DHW), a Provider with 30 units of transitional and permanent housing, requested that its Interim Sublease be assigned to APC. The ARRA approved an Assignment and Assumption Agreement on February 18, 2005. However, following ARRA approval of the Assignment and Assumption Agreement, DHW declined to sign the Agreement and it was never executed. DHW's Interim Sublease expires on January 12, 2012. Consistent with the ARRA's action in 2005, it is requested that the ARRA approve a 47 -year LBA (59 years minus the 12 -year term of the Interim Sublease) with APC effective January 13, 2012, for 30 residential units located in buildings 802, 803, 806, 809, 810, 811, and 812 (a map is attached as Exhibit 1). The LBA is on file in the City Clerk's Office. DISCUSSION In November 2001, DHW and APC entered into an agreement whereby APC agreed to operate DHW's 30 -unit homeless accommodation. Since that time, APC has been providing all necessary and required services including case management, demographic and other reporting to funders, property management, tenant leasing, and financial management. Leases are entered into between the tenant and APC, services are received at the APC service center, all facilities work is carried out by APC, APC has been solely responsible for securing additional funding for maintenance, etc. APC operates these units at a loss. In order to address the financial hardship to APC for operating the DHW units, in 2005, DHW agreed to assign its Interim Sublease to APC. The proposed assignment of Interim Sublease was consistent with the direction that had been envisioned for the APC community. The goal was to transition from affordable housing development through rehabilitation of the former Navy housing to operation of a service- enriched community for formerly homeless individuals and families. Over time, Providers would transition their rehabilitated and leased properties to the APC to provide a better economy of scale for operations and management activities at the APC community. APC has the financial capability, management expertise, and operational capacity to provide coordinated services throughout the community. With DHW's agreement to assign its Interim Sublease to APC in 2005, staff requested ARRA's approval of the assignment, which was provided on February 18, 2005. As noted above, the Assignment and Assumption Agreement was never executed by the parties. APC continues to operate the units on DHW's behalf pursuant to its 2001 agreement. On -going operation of the units without benefit of the Interim Sublease has been a financial hardship on APC. In spite of this hardship, APC manages the units consistent with its mission of providing service- enriched housing to formerly homeless individuals and families. The long -term LBA will allow APC to restructure the funding and pursue additional funding to ensure that the units are operated in a sustainable manner. APC now has LBAs for 89 units and has a property management and services agreement with Building Futures with Women and Children (BFWC) for 53 units of Honorable Chair and November 2, 2011 Members of the Alameda Reuse and Redevelopment Authority Page 3 of 3 housing for survivors of domestic violence. Operation Dignity has a LBA for 28 units of transitional housing for veterans. With the expiration of DHW's Interim Sublease on January 12, 2012, it is recommended that the ARRA entered into a LBA with APC to continue the consolidation of operations to ensure the most effective and efficient provision of services to the community. Upon approval of the LBA, APC would have the long -term rights and responsibilities for 119 of the 200 residential units and four commercial LBAs for property ranging from the community garden and Ploughshares (the commercial plant nursery) to several warehouses and the service center. FINANCIAL IMPACT There is no financial impact from approving a 47 -year LBA (59 years minus the 12 -year term of the Interim Sublease) with APC for 30 units of housing in Buildings 802, 803, 806, 809, 810, 811, and 812 at Alameda Point. RECOMMENDATION Approve a 47 -Year Legally Binding Agreement with Alameda Point Collaborative for Buildings 802, 803, 806, 809, 810, 811, and 812 (30 Units of Housing) and authorize the Executive Director to execute the Agreement and any related documents. Respectfull su cl'iael T. P cci Housing Authority Executive Director e•:i- "otter Housing Development and Programs Manager Exhibits: 1. Map 2. LBA — on file in the City Clerk's Office MTP:DP:sb Exhibit 1 Y14 1 13 OUTLINE of PRESENTATION L 4- (i) c ca. v)(1) co 2 D 1 - - T V i V . Q >� . (f) E 2 --o = (ts ci.. 06 0t. (#) tn. -a 2 -§ ca. Lc c 0- p = 0 2 fa c (la cl. :T., a) (f) cm ° Q = > V a) o m o a' a a) all V z .= v) to r 4) 0o W u c • • • • • Special Topics c co Land -Use Covenant for Restricted • Long -Term Stewardship • BASE BACKGROUND & HISTORICAL USE Creation of Alameda Point: Constructed with fill materials from dredging activities occurring between 1887 and 1975 Navy Operations 4=• Total Acreage /(submerged) • • BASE BACKGROUND & HISTORICAL USE Point — Relative Size CD CU E nD ©C ENVIRONMENTAL PROGRAM .1 ONIONOt ammo. ENVIRONMENTAL PROGRAM ation Restoration (IR) Sites C E RC LA Program: 34 Instal input on IR Site documents 0 U IC SI v) /"■ a) t V O m CL E a) U F- oC Q W U E c 0 o a Q U) E 'v U Z W 0 L 4- -i U la.) "C" g • • • E— R3 m • Water Board ENVIRONMENTAL PROGRAM Petroleum Program: Includes 250+ Environmental Units (USTs, ASTs, piping, sumps, etc.) Water Board is the Lead Regulatory Agency REGULATORY TEAMS •Team Leader c V • • • • v H 4-.) ill c in a) u a. c �.GZ (J) J Cam.. tn (1) 0 a) Q (l) C 0 cL a 0 0 • • • • E 0 L .N a CLEANUP APPROACH Alameda Point uses (1) OD 0 0 C a > 4J > O c s..- 0 0 c N t!) ca a) >. Ln E 0 0 co 73 • • • c 0 00 4- 0 V 0 • c0 zs C co 0 cu '47) a) a) 2 (9 Z D Z J a FE- Z W Z O CC 5 Z W Q Z N E co Q ea s3. c a) V .g v E c O '5 c o �' a) LI- E - ro E (1) o -0 V (L �n E >. cu > Q Z Q z rn� cr) 01 N CO 00 E L" 00 cO 00 d' M N -EA- - -EA- co LL Cr) -(n- 44A- -EA- 000 OO(NJ L V) ft, ro a) a2 L 4▪ -) 4-1 o >, au E o. o a3 C CL vi ca N ?- •a; • 0 c t0 II. 'C3 0 cal a) o a) V JD ma v L o c L = (1.) 4 a1 o 73 � .i7 C ti 0 L cv L c � E a = V . -5 g o [B tQ 4- • V Q a) a) ° °-' o ,9 V ro Rz co = ° a) to 10 _ (0 c 4J Q 'x p c o a) o mo C I— `2Q 1 () STATUS of CLEANUP & PROPERTY TRANSFER •� a) o E ro r ID ' o � 0 CL U) 73 t2 no c = — co cv cm E c v) o as .5 70 0 N - 0 > 0> co a) ate) c M a) = _c � o 4-- c m 0 (0 Q) c (11-2 (0 cm C.9 a . E 43 o tn � t0 a) � cB 00 0 c6 = � a .-' c E3 N 0 0 �- o o 4J C ?`CT) O N .� .� c . . Qo • • W cn H Reversionary Parcel to City of Alameda (Term -1) East Housing Parcel (Bayport Housing) Coast Guard Housing Area (future Sports Complex) DoI Public Benefit Conveyance Parce STATUS of CLEANUP 0 o 0 LA to N 4 ra " o as v CI 4_1 CO <C 0 . J FOSTby June 2012 3 go 0 . ct, 0 2 5 TS o 0 04 CV ..'. )— • d ci 0 •C 0 0 0 R 0 0 0 co REUSE LEVELS ACHIEVED by CLEANUP I SPECIAL TOPICS water standards? 0 c L 4..- -a o 13_ a3 CO o c a� E v a) co -0 o .� L U .}..� .ai O r0 o -o Groundwater Clean -u © E eL O ru _5 "a„, v, w c co c .� H • -0 •Potable water to be supplied by EBMUD. 4- O (1) processes, regard r▪ Q ( 0 L ro U Q) ▪ Q) (0 E 4 -, E O .- tn U E O O O- a c o c > • Q) (0 6 C :2 c- c Q1 (1) E � L O ro o C o V• ) E E 0) v c 0) = o V o .c - c C n3 o 0 U -- - .= o ft, .a''., CU -O V Ca. • U ' 0 tom!) 4- 0 o ((3 0) C 01 T2 ''' c 0 r0 .� 2 co o • (i) • • rr .4t -:- -I. I ---- ) • • --. -. . ' -- r " "...1--•••= : y. 1 '.' tj : . I i 44., • '• : ' MT: 1.,.: r 1-‘• fr--- '..-,';'''''''''-- ;,,. .,i . _. 11. . f 4: ;..: ±,-- ; : (77-, -,- , . ;,...i-----• ; .., 4-, .,.,. ;., ....., . .. .. - i ..: -..,:--,-:,-,,, ) 41■;■liir : - 4.7 SPECIAL TOPICS Commercial Reuse Standards t13 L E E Q 0 N E Cll •In commercia processes anyway. be achieved through natura •Residential clean -up standards wil SPECIAL TOPICS .....ter rrj (j rf r f; r177 Li .i ' f r (1) Ems Z Q z W > 0 u W th 1 6 z 5 E ca O a. c ro c O O U v tn D _d:, c f o U 0 LONG -TERM STEWARDSHIP DTSC contracts with "Terradex" Intrusive activities trigger e mail or by phone call DTSC responds through e LONG -TERM STEWARDSHIP E 1 C 0 -1-J co c E ru o R3 c.) -J CO 73 4= N 70 (1) C O to �cn c ce O >- u, — Ln a) V 0 . C a) CU EN V C b .� O 0 E evels, and remedial •Does any other information question the protectiveness of the remedy? DTSC - stewards forever MORE INFORMATION i a) _o E a) 5 m cd a) pc c1) a) E v O (0 E 0 L a) O a) E E 0 a ro To Q) aU >— a) O t!) V O V co c V) v' 4-1 v a E E 0 it -10 ,2 ro E E 0 4J N N Q Li)• z tU E 0 CD a) ro ia&name=nas alameda basepage.aspx?baseid=42&state=Califor E E sp 0 > t > fp 0 N E O 1 cry c c m> ca < to ro 4_, N a) ro cu E Q w m c 0 0 NL -o Russell Resources, Inc. environmental management Alameda Point RAB Meeting on October 6, 2011 Highlights and Analysis Discussion Points • The Alameda Point RAB meeting frequency will change from monthly to four meetings per year, due to decreased federal budget. • The Navy and the ARRA plan a no -cost Economic Development Conveyance of Alameda Point. • The remediation system at OU -5 and FISCA IR Site 2 to remove benzene and naphthalene from groundwater is reducing contaminant concentrations as planned. Continued groundwater monitoring will indicate when the system can be shut off and the next phase of remediation will begin: monitoring to observe natural attenuation and whether rebound occurs. Field Work • IR Site 1: in -situ treatment of solvents in groundwater; additional sampling in bum area • IR Site 17: drying, testing, and off - hauling of dredged Seaplane Lagoon sediments • IR Site 24: mobilizing to dredge sediments along and under Ferry Point Road near Pier 1 • OU -2B: pilot testing of in -situ treatment of solvents in groundwater northwest and west of Building 360 • OU -2C: radiological surveying and decontamination in Buildings 5 and 400 • OU -5, FISCA IR Site 2: operation of biosparge systems to treat benzene and naphthalene in groundwater Further Information After several months, RAB meeting minutes and handouts are posted on the Navy's website: http: / /www.bracpmo. navy .mil /basepage.aspx ?baseid =42 &state = California &name =nas alameda (Links to these materials appear about half way down the page.) RRI, 440 Nova Albion Way, Suite 1, San Rafael, California 94903 415.902.3123 fax 815. ARRA Agenda Item #5 -A 11 -2 -2011