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2011-12-07 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, December 7, 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 and Regular Meetings of November 2, 2011. 4. REGULAR AGENDA ITEMS 4 -A. Presentation on Status of Disposition and Development Strategy for Alameda Point. 4 -B. Presentation on the Status of the Lawrence Berkeley National Lab Second Campus Process. 5. ORAL REPORTS None. 6. 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 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.) ARRA Agenda- December 7, 2011 Page 2 7. EXECUTIVE DIRECTOR COMMUNICATIONS None. 8. REFERRALS FROM THE GOVERNING BODY None. 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. UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) MEETING WEDNESDAY - - - NOVEMBER 2, 2011 - - - 6:00 P.M. Mayor/Chair Gilmore convened the meeting at 6:00 p.m. Roll Call — Present: Councilmembers/Board Members Bonta, deHaan, Johnson, Tam and Mayor/Chair Gilmore — 5. Absent: None. The meeting was adjourned to Closed Session to consider: (11-072 ARRA) Conference with Real Property Negotiator (54956.8); Property: Alameda Point; Agency Negotiator: Jennifer Ott, Alameda Point COO; Negotiating parties: ARRA and University of California; Under Negotiations: Price and Terms of Payment. (11-545 CC) Conference with Legal Counsel — Existing Litigation (54956.9); Name of case: Gallant v. City of Alameda, Alameda County Superior Court; Case Number: RG 11590505. (11-546 CC) Conference with Legal Counsel — Existing Litigation (54956.9); Name of case: Kapler v. City of Alameda, Alameda County Superior Court; Case Number: RG11570933. Following the closed session, the meeting was reconvened and Mayor/Chair Gilmore announced that regarding Property, the negotiator discussed issues of price and terms of payment; regarding Gallant, Council was briefed on the litigation; Council authorized use of outside counsel above $35,000 to compensate counsel for responsive pleadings discussed in closed session; and regarding Kapler, Council was provided an update on the legal strategy in the lawsuit. Adjournment There being no further business, Mayor/Chair Gilmore adjourned the meeting at 7:20 P.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. ARRA Agenda Item #3-A 12-07-2011 UNAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY WEDNESDAY, November 2, 2011 The meeting convened at 7:32 p.m. with Chair Gilmore presiding. 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 (*11-073) Approve the Minutes of the Special Meetings of September 20, 2011 and the Special and Regular Meetings of October 5, 2011. (*11-074) 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. Chair Gilmore pulled Item 3-A (minutes) to make a correction. Member Tam moved for approval of the balance of the Consent Calendar. Vice Chair Bonta seconded the motion, which carried by unanimous voice vote — 5. Member Tam moved for approval of Item 3-A with the corrections. Vice Chair Bonta seconded the motion, which carried by unanimous voice vote — 5. (Note: Chair Gilmore and Member Johnson abstained from approving the Minutes of Sept. 20, as they were not present at that meeting). [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] 4. REGULAR AGENDA ITEMS (11-075) Presentation on Status Report of Environmental Conditions of the Alameda Point Site. The Chief Operating Officer — Alameda Point introduced the Environmental Consultant of the Alameda Point Project, Peter Russell, Russell Resources. Dr. Russell provided a powerpoint presentation on the status of the remediation and environmental issues of Alameda Point. Dr. Russell's remediation experience includes numerous sites: Fort Ord, Tustin Air Station, Benicia Arsenal, Mission Bay clean up, and the Southern and Union Pacific rail yards in Sacramento. Member deHaan commended Dr. Russell and the RAB for all their efforts in the environmental program of Alameda Point. Regular Meeting ARRA November 2, 2011 Speakers: Dale Smith, Community Chair of RAB and member for 10+ years. Ms. Smith discussed soil issues not being addressed and CERCLA sites that are still of concern at Alameda Point. Chair Gilmore thanked Dr. Russell and members of the RAB for their technical expertise and diligence over the decade and more. 5. ORAL REPORTS (11-076) Oral Report from Member deHaan, Restoration Advisory Board (RAB) Representative — Highlights of October 6, 2011 RAB Meetings. Member deHaan echoed the statements from Dr. Russell's presentation and reminded the public that the remediation is ongoing, and that a vast majority of property will be given to the ARRA with certain restrictions. 6. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) None. 7. EXECUTIVE DIRECTOR COMMUNICATIONS None. 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 8:12 p.m. Respectfully submitted, Irma Glidden ARRA Secretary atus of Alameda Reuse and Redevelopment Authority December 7, 2011 esentation Outline Disposition Issues under Evaluation — Property — Entitlement — Transportation and Infrastructure — Solicitation and Transaction - Funding Initial Findings ARRA Agenda Item 4 -A 12 -07 -2011 ement (coat.) ARRA could use previous Environmental Impact Reports (EIR) to amend the General Plan and zoning consistent with the Reuse Plan Effects of entitlement certainty on enhancement of land value and performance Extent and timing of involvement from development community to ensure market and financial feasibility Relationship between entitlement certainty and risk assumed by ARRA Definition of the role of developer — Advisor to ARRA — Leader of the process Methods for enhancing competition among potential developers Process for soliciting developers — Request for Qualification — Request for Qualification and Proposals - Bidding process Solicitation and Transaction (cont,,) Achieving balance between maximizing land value and minimizing ARRA risk Assurances of timely performance and avoidance of land banking Methods for contracting with developers to achieve different approaches - Professional Services Contract Exclusive Negotiation Agreement - Purchase and Sale Agreement - Disposition and Development Agreement Initial Findings (cont.) m Given current economic conditions, obtaining high-risk predevelopment capital may be difficult and expensive and limit developer pool Greater entitlement certainty prior to disposition improves potential for community acceptance, reduces risk, and enhances land value • Early involvement by the development community helps ensure market and financial feasibility of entitlements N A competitive disposition process can enhance land value and possibly development plan Initial Findings (cont.) • Any phased disposition process needs to carefully account for the planning, infrastructure, and transportation needs of future phases • While ARRA funds could help pay for some entitlements, other low-cost funds should be obtained, if an ARRA entitlement effort is undertaken ARRA and other funds could be directly reimbursed through a transaction with the developer(s) Item 4 -B. LBNL Update is an oral report ARRA Agenda Item #4 -B 12 -07 -2011