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2003-01-08 ARRA MinutesAPPROVED MINUTES OF THE SPECIAL MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, January 8, 2003 The meeting convened at 5:35 p.m. with Mayor Johnson presiding. 1. ROLL CALL Present: Beverly Johnson, Mayor, City of Alameda Tony Daysog, Boardmember, City of Alameda Albert DeWitt, Boardmember, City of Alameda, Chair Barbara Kerr, Boardmember, City of Alameda Frank Matarrese, Boardmember, City of Alameda 2. CONSENT CALENDAR 2-A. Approval of the minutes of the regular meeting of July 3, 2002. 2-B. Approval of the minutes of the regular meeting of September 4, 2002. 2-C. Approval of the minutes of the regular meeting of October 2, 2002. 2-D. Approval of the minutes of the special meeting of November 6, 2002 2-E. Approval of the minutes of the regular meeting of December 4, 2002 2-F. Update on the 39-Unit Affordable Housing Project at the FISC site (Councilmember Kerr) (this report is for informational purposes only). Member DeWitt moved approval of the consent calendar items 2-A through 2-E. Item 2-F was pulled by Member Kerr. The motion was seconded by Member Kerr and passed by the following voice vote: Ayes-4; Noes-0; Abstentions-1 (Member Matarrese). Public Authority Discussion of Item 2-F. Member Kerr stated she requested that this item be placed on the agenda because there is a proposal to enter an agreement with an organization whose membership and management is not appointed by the City Council. None of the individuals involved in the management would be removable by the City Council, which is an issue not addressed in the past by the Council. The property is the City’s responsibility and more control must be approved by the Council. There is no management agreement in place with the proposed manager. Member Kerr asked if such a manager would screen the tenants and move the tenants in all 39-units or just the 10-units; and what were the requirements of the grants the prospective manager would require of the City or 2-A 1 G:\CITYCLRK\Minutes\ARRA Minutes 1994-2010\2003\2003-01-08 ARRA Minutes.doc Housing Authority? Before the Legally Binding Agreement and Management Agreement are signed, both should be brought to the ARRA in order for the City to maintain control of the property and delegation will not work for this project. Debbie Potter, Base Reuse and Redevelopment Manager responded that there is an MOU that has already been executed between Operation Dignity, the Collaborative, the CIC and the Housing Authority, which stipulates there will be a 59-year lease provided to Operation Dignity who will do the management at the property. Operation Dignity is to do the property management both via the Legally Binding Agreement (LBA) and Management Agreement. However, the Housing Authority has the ultimate approval rights over the Management Agreement so it will be approved by Housing Authority. A year ago, the ARRA Board approved the form of the LBA and Management Agreement, and the City Manager was authorized to enter into the LBA’s as long as they were consistent with the form of the LBA that was previously approved by the Governing Board. If there are any changes they will be approved by the ARRA Board. To clarify the reference to the 10-units, the grant that the Collaborative received for $500,000, which does go towards the $1 million they are required to raise pursuant to the MOU, requires that 10 of the units within the 39 be set-aside for formerly homeless people with disabilities, which is what the grant was intended for. The grants the Collaborative are pursing are all eligible grants which are compatible with the City and fair housing requirements which the City would have to comply with. The 39-unit project is a supportive housing project for permanent family housing for a range of supportive services. The disabilities are defined in the staff report which covers this broad range of support. Member Kerr stated that the Board delegated their approval to the City Manager to sign off on the LBA’s which should come back to the ARRA as each one is prepared. There was an article in the newspaper which indicated that the Collaborative received the $1 million from a HUD grant. Is this correct? Ms. Potter responded that that the grant was for $500,000, of which $400,000 will go towards construction and $100,000 is a project-based rent subsidy so that it provides some rent subsidy for the 10-units. The authorization for the Collaborative to submit that grant was presented to the Council last May who authorized the submittal of this grant. Staff works closely with the Collaborative to ensure that the grant funds are appropriate and compatible with the City. Member Kerr stated that the packet does not state who will screen the tenants and collect the rent. It only indicates that the manager will pay for the repairs. Ms. Potter responded that the Management Plan will contain all of these points, which will ultimately be approved by the Housing Authority. Mayor Johnson asked that the issue of screening tenants be clarified. Can patients be screened for disabilities without discriminating against them? Ms. Potter responded that the City must comply with fair housing requirements and, should we receive grant money from the federal government, we have to comply with the grants we accept. Member Kerr asked is the Housing Authority going to do the screening and manage the tenants? 2 G:\CITYCLRK\Minutes\ARRA Minutes 1994-2010\2003\2003-01-08 ARRA Minutes.doc Ms. Potter responded that Operation Dignity has rights to manage the property for 59 years, which is what the MOU stipulates. Jim Flint, City Manager stated that the LBA and Management Agreement will be brought back to the Board before it is approved by the City Manager’s office. Terri Highsmith, Assistant City Attorney stated that the LBA, which is the long-term lease the City will enter into with Operation Dignity once the 39-units are built, will give Operation Dignity a lease of the property and the ability to operate a program. However, under the LBA, there is a Standard Form of Management Agreement, which does not stipulate Operation Dignity as managing this property. Under this agreement, there were a series of standards approved by the ARRA for selecting an appropriate manager of the property and one of the entities likely to become the manager of the property is Alameda Point Collaborative, as there is a provision within the Management Plan that would provide for them, or another management company that meets the tough standards as approved by the Board. It is not necessarily Operation Dignity that will be the manager of this property. Mayor Johnson asked if there were any performance standards in place for the manager? Ms. Potter indicated that some of the funding sources staff is considering will require that the manager can be fired if they do not meet performance standards, which is one of the many checks and balances already approved by the ARRA. Attorney Highsmith stated that this does not mean further changes cannot be made to the agreement or sought in order to construct these units, which would be brought back to the Board for its approval. The Housing Authority will absolutely weigh in on the overall management of this project. Member Kerr responded that as long as these agreements are brought back to the ARRA as they are written, that is acceptable. Member DeWitt stated he agrees that it would have been better if the City could manage the entire project, however, it did not work out that way. The staff report indicates that the Housing Authority does in fact, have an important part in the management of the property, including the rules, polices and procedures, subject to approval by Operation Dignity, which is tied back into the federal requirements. Member Matarrese stated that when the LBA’s are being written, the requirements are made clear, understanding that the manager has to meet certain standards, which we would meet ourselves. The requirements should be specific, along with the actions that would occur resulting from the requirements not being met, before any of the parties sign it. Member DeWitt moved approval of the consent calendar item 2-F. The motion was seconded by Member Matarrese and passed by the following voice vote: Ayes-4; Noes-0; Abstentions-0. 3 G:\CITYCLRK\Minutes\ARRA Minutes 1994-2010\2003\2003-01-08 ARRA Minutes.doc 3. ACTION ITEMS There were no action items. 4. ORAL REPORTS 4-A. Oral report from APAC. Lee Perez, APAC Chairman stated that the APAC holiday celebration went well and they will provide a full report at the next ARRA meeting. 4-B. Oral report from the Executive Director (non-discussion items). There was no oral report from the Executive Director. 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.) There were no public comments. 6. COMMUNICATIONS FROM THE GOVERNING BODY Member DeWitt congratulated Lee Perez for his 10-years as Chairman of the APAC. 7. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7-A. Property: Alameda Naval Air Station Negotiating parties: ARRA, Navy and Alameda Point Community Partners Under negotiation: Price and Terms ANNOUNCEMENT of ACTION TAKEN in CLOSED SESSION, if any. Mayor Johnson announced that direction was given to the Real Property negotiator. 8. ADJOURNMENT The Acting Mayor adjourned the meeting at 6:20 p.m. Respectfully, Lucretia Akil ARRA Secretary 4 G:\CITYCLRK\Minutes\ARRA Minutes 1994-2010\2003\2003-01-08 ARRA Minutes.doc