1995-09-06 ARRA Minutes APPROVED
MINUTES OF THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
Wednesday, September 6, 1995
The meeting convened at 5:31 p.m. with Chair Appezzato presiding.
I. ROLL CALL
Present: Chair Mayor Ralph Appezzato, City of Alameda; Vice-Chair Sandré
Swanson, 9th Congressional District; Vice-Mayor Charles Mannix, City
of Alameda; Alternate Jay Leonhardy for Councilmember Henry Chang,
Jr., City of Oakland (arrived at 5:36 p.m.); Alternate Tony Daysog for
Councilmember "Lil"Arnerich, City of Alameda; Mayor Ellen Corbett,
City of San Leandro; Councilmember Albert DeWitt, City of Alameda
(arrived at 5:35 p.m.); Alternate Greg Alves for Councilmember Karin
Lucas, City of Alameda; Alternate Mark Friedman for Supervisor Wilma
Chan (Supervisor Chan arrived and relieved Alt. Friedman at 6:20
p.m.), Alameda County Board of Supervisors, District 3; Ex-officio
Member Lee Perez, Chair, Base Reuse Advisory Group (BRAG);
Alternate Barbara Rasmussen for Ex-officio Member Gail Greely,
Alameda Unified School District (arrived at 5:35 p.m.)
Absent: None.
II. CONSENT CALENDAR
A. Approval of Minutes - Regular Meeting of September 6, 1995.
A motion was made by Vice-Mayor Mannix to approve the minutes. The motion
was seconded by Alternate Mark Friedman. The motion carried by the following
voice vote: Ayes: 8. Noes: None. Abstentions: 1 - Alternate Tony Daysog
.
III. ACTION ITEMS
A. Oral Presentation and Discussion of the BRAG Composite Land Use Plan for the
Naval Air Station (NAS) Alameda.
Paul Tuttle, ARRA Base Reuse Planner, gave a short presentation on the BRAG’s
recommended composite plan. Mr. Tuttle stated that the plan incorporates a
mixed-use transit-oriented development pattern. It presents an ideal regional site for
urban infill, strives to be energy conservation-minded and sustainable, and to
maximize the number of jobs with a balance of open space in development areas.
The four major issues to be faced are: (1) the Tidelands Trust (which will be
addressed by Kenneth Taymor of Cassidy and Verges later in the meeting); (2) the
number of jobs this plan could create (20,000); (3) the fiscal soundness of plan (this
plan provides for no drain on the fiscal balance of City’s fund); and, (4) the outcome
of negotiations with Fish & Wildlife. This plan proposes a new bridge connection
to increase accessibility to the site. Strategies to fund a bridge will be looked at in
the implementation phase of the study. The plan assumes that the Navy will take a
major responsibility in demolition of buildings not needed for interim reuse.
B. Report from the Executive Director Recommending Approval of the Public Benefit
Conveyance Review Criteria.
Kay Miller stated that these criteria (approved by the BRAG) will be used to screen the
public benefit conveyance requests. A screening committee, proposed to include
Paul Tuttle, Kay Miller, Dena Belzer (consultant), and two BRAG members apply
these criteria to business plans submitted by public benefit users. Chair Appezzato
praised the reversion clause, which allows the property to revert to the ARRA if a
public benefit conveyance should fail.
Ms. Miller clarified that “fair share” costs pertain to the capability of the public benefit
users to contribute to infrastructure costs and city service costs. The infrastructure
cost figure was arrived at by dividing the number of developable acres by the known
infrastructure costs; this figure was then reduced by half for PBCs. While the cost is
very high, the ARRA will be working to get federal grant money, etc. to help further
reduce the costs. Similarly, a public service fee was assessed on a square foot basis.
There is a legal question on whether a public service fee can be legally assessed on
other taxing entities such as AUSD and the EBRPD. However, all PBCs will be
expected to pay a share of the infrastructure costs.
Speakers:
Ms. Ardella Daily raised three issues for AUSD: (1)The Department of Education
(DoE) requires AUSD to sign a reversion clause back to the DoE; therefore, they
cannot sign another with the ARRA. (2)The infrastructure figure quoted was
$95,679/acre, which is impossible for AUSD to pay. (3) It is illegal to charge AUSD
for public service fees. Vice-Chair Swanson suggested that talks to continue between
the ARRA staff and both AUSD and EBRPD to find a creative solution to the
problem.
A motion was made by Alternate Daysog to modify the property reversion clause to
ensure that when PBC property reverts to the ARRA, the ARRA will market that
property with the first right of refusal given to a like kind of user. The motion died
for lack of a second.
A motion was made by Mayor Corbett and seconded by Vice-Mayor Mannix to
approve the Public Benefit Conveyance Review Criteria. The motion carried by the
following voice vote: Ayes: 8 . Noes: None. Abstentions: 1—Alternate Tony
Daysog.
C. Report from the Executive Director Recommending Approval of the Alameda Reuse
and Redevelopment Authority (ARRA) Budget Amendment to the Office of Economic
Adjustment Through January 1995—Completion of the Community Reuse Plan for
the Alameda Naval Air Station (NAS) and the Alameda Fleet Industrial Supply
Center (FISC).
Kay Miller reported that in addition to the budget items presented to the ARRA in
August (all of which has been approved), OEA has agreed to fund two additional
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items: (1) one-half of an Urban Land Institute Panel of experts to take a critical look at
the plan and determine if it is marketable (the remainder of the cost to be funded by the
foundation sector); and, (2) $12,000 for engineering analysis work to determine the
structural repairs needed on buildings for use by AEG.
A motion was made by Alternate Leonhardy and seconded by Member DeWitt to
approve the ARRA budget amendment. Vice-Chair Swanson requested that a staff
report be prepared on diversity in staff hiring and contracting to see whether or not the
broader community is participating in the opportunities that are being developed.
The motion carried by a unanimous voice vote.
D. Report from the Executive Director Recommending Approval of a Memorandum of
Agreement Between the Alameda Reuse and Redevelopment Authority (ARRA), the
Alameda Center for Environmental Technology (ACET) and the California State
University Hayward Foundation. (CSUHF).
Kay Miller reported that this MOA clearly defined the relative roles of each of the
entities. Vice-Chair Swanson suggested the following minor changes: (1) MOA page
2, paragraph 4: Change “. . . public agencies and the community of the City of
Alameda and the region” to “. . . public agencies and the diverse communities of the
City of Alameda and the region” (underlining added for clarity); (2) page 4 (4):
Advisory Board/Executive Committee members – that the Advisory Board consist of
six members rather than five, adding a representative from the EBCRC. Helen
Sause, Co-chair of the BRAG, requested that a clause be included to ensure that
ACET cooperates with other educational groups. Mayor Corbett stated that she did
not think any additional amendment to the language was needed with regard to the
Advisory Board but she did want to ensure that there was regional representation.
A motion was made by Vice-Chair Swanson and seconded by Alternate Leonhardy to
approve the MOA with the proposed changes. The motion carried by the following
voice vote: Ayes: 6. Noes: None. Abstentions: 2—Alternate Daysog and Alternate
Alves.
E. Report from the Executive Director Requesting Authorization for the Executive
Director to Negotiate and Execute a Memorandum of Agreement (MOA), in a Form
Approved by the City Attorney, Between the U.S. Army Corps of Engineers, San
Francisco District, the City of Alameda, and the Alameda Reuse and Redevelopment
Authority for the NAS Alameda Sewer Improvement Project.
Kay Miller stated that we have the money and this MOA is the vehicle to get it to the
Corps of Engineers. A motion was made by Vice-Mayor Mannix and seconded by
Mayor Corbett to authorize the Executive Director to negotiate and execute an MOA
for the NAS Alameda sewer improvement project. The motion carried by the following
voice vote: Ayes: 7. Noes: None. Abstentions: 1—Alternate Alves.
F. Report from the Executive Director Requesting Authorization to Negotiate and
Execute a Memorandum of Understanding (MOU), in a Form Approved by the City
Attorney, Between the East Bay Regional Parks District (EBRPD) and the Alameda
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Reuse and Redevelopment Authority (ARRA) for a Port/Marina Market and Planning
Feasibility Study for Naval Air Station (NAS) Alameda.
Paul Tuttle stated that the port/marina feasibility study will determine how much we
can develop, the cost, and potential market. A motion was made by Vice-Mayor
Mannix and seconded by Alternate Leonhardy that the Executive Director be
authorized to negotiate and execute an MOU for a port/marina market and planning
feasibility study for NAS Alameda. The motion carried by a unanimous voice vote.
G. Report from the Executive Director Recommending that the Alameda Reuse and
Redevelopment Authority (ARRA) Adopt an Open Listing Policy Allowing Payment of
Commissions to Real Estate Brokers Representing Interim Tenants.
Ed Levine, ARRA Facilities Manager, stated that this item was motivated by two very
promising unsolicited offers from real estate brokers. These brokers could not move
forward with negotiations without assurance that they would be paid a commission by
the lessor. A motion was made by Alternate Leonhardy and seconded by Vice-Mayor
Mannix to adopt an open listing policy allowing payment of commission to real estate
brokers representing interim tenants. Member DeWitt asked whether the BRAG had
looked at this; he was assured that the BRAG had. The motion carried by a
unanimous voice vote.
H. Report from the Executive Director Recommending Approval of a Letter Proposing to
Increase Heights of Three (3) Container Cranes at the Port of Oakland’s Charles P.
Howard Terminal and Authorization to Communicate this Determination to the Port
of Oakland and Naval Air Station (NAS) Alameda.
Paul Tuttle stated that there is no effect to the ARRA because no proposal is being
considered to reuse the runway after base closure. After discussion, a motion was
made by Vice-Mayor Mannix and seconded by Alternate Leonhardy to approve the
Port of Oakland’s request to increase the heights of three container cranes at Charles P.
Howard Terminal. The motion carried by a unanimous voice vote.
I. Appointment of a Chairperson for the Reuse Subcommittee of the BRAG.
Kay Miller introduced Pattianne Parker, who has been recommended by the BRAG as
Chair of the Reuse Subcommittee due to the resignation of Doug DeHaan. Mayor
Appezzato thank Doug DeHaan for all of his hard work and welcomed Ms. Parker. A
motion was made by Member DeWitt and seconded by Mayor Corbett to approve the
appointment. The motion carried by a unanimous voice vote.
IV. ORAL REPORTS:
A. Legal Briefing on the Tidelands Trust Doctrine by Kenneth Taymor from the law firm
of Cassidy & Verges.
Ken Taymor gave a summary of the Tidelands Trust Doctrine as outlined in a
written report supplied to the ARRA. The State Tidelands Trust—which covers
most of the base—restricts use of the land to navigation, commerce, fishery, public
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access to water-oriented recreation, and preservation of the land in a natural state.
Discussion and questions followed.
.
B. Oral Report from the Chair of the Base Reuse Advisory Group (BRAG) Updating the
Reuse Authority on BRAG Activities.
Lee Perez, Chair of the BRAG, emphasized the importance of the Saturday,
September 9 regional town hall meeting; and the Tuesday, September 12 San
Leandro Town Meeting.
C. Oral Report from the Executive Director on Current ARRA Matters.
Ms. Miller reported on the following: (1) The ARRA has received approval from the
OEA for $250,000 to do a feasibility study of an Alameda Science and Technology
($50,000 for the University of California and $200,000 for a consultant procured
through a competitive Request for Proposal to be sent out the week of September
18). (2) The ARRA will be informed by the end of September whether ACET has
been funded or not. (3) Paul Tuttle has been working with the City of Alameda
staff to devise a fast-tracking permit process involving a Master Lease with the Navy
and a Master Use Permit with the City to cut the process down by weeks/months.
(4) We have received a $16,000 grant from the San Francisco Foundation to fund a
third-party neutral facilitator for the Fish & Wildlife working group. (5) Emily
Ross-Brown is leaving the ARRA staff. Mayor Appezzato thanked Emily for her
work on the staff.
V. 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:
Vice-Chair Swanson recognized that the President has kept his commitment to being a
participant in the conversion effort in our region. Due to direct White House involvement
in the grant process, the CALSTART proposal was funded. Dr. William Perry, Secretary
of Defense, is planning a visit to Alameda in early October and—hopefully—will announce
some additional support at that time. Vice-Chair Swanson emphasized that we need the
federal government’s support to make this effort work. The Executive Director was
requested to draft a letter to the President expressing the ARRA’s gratitude for his
personal interest.
IV. COMMUNICATIONS FROM GOVERNING BODY
None.
VI. ADJOURNMENT
The meeting was moved to closed session by Chair Appezzato at 7:13 p.m. to discuss real
estate negotiations on building numbers 11, 12, 400A, 20, and 24. There were no
announcements and following this closed session the ARRA was adjourned.
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Respectfully submitted,
Margaret E. Ensley
Secretary
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