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
to the Exclusive Negotiation Agreement (ENA) between SunCal and Alameda Requesting
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Community Improvement Commission
February 16, 2010
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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
Notice of Default would be due, the City Attorney responded March 8.
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Community Improvement Commission
February 16, 2010
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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
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
Special Joint Meeting
Alameda City Council, Alameda
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Community Improvement Commission
February 16, 2010
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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 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.
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Community Improvement Commission
February 16, 2010
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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.
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Community Improvement Commission
February 16, 2010
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