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2009-10-07 Regular ARRA minutesAPPROVED MINUTES OF THE REGULAR MEETING OF THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY Wednesday, October 7, 2009 The meeting convened at 7:12 p.m. with Chair Johnson presiding. 1. ROLL CALL Present: Chair Beverly Johnson Boardmember Lena Tam Boardmember Frank Matarrese Boardmember Marie Gilmore Vice Chair Doug deHaan 2. CONSENT CALENDAR 2-A. Approve the minutes of the Regular Meeting of September 2, 2009. 2-B. Approve the minutes of the Special Meeting of September 15, 2009. 2-C. Authorize Negotiation and Execution of a Three-Year Sublease Renewal for Piedmont Youth Soccer Club at Alameda Point. 2-D. Authorize Negotiation and Execution of a Sublease for Dreyfuss Capital Partners in Building 29 at Alameda Point Without a Waiver in Rent and a Right of First Offer for Building 29 Only. 2-E. Amend the Contract and Project Budget for the Fire at the Fleet Industrial Supply Center by Adding $500,000. 2-F. Authorize Negotiation and Execution of a Sales Agreement, and Approve Disposing of Personal Property at Alameda Point – Proposed Sale of Ship Waste Off-Loading Barge. Item 2-D was pulled by staff and continued to the November meeting. Vice Chair deHaan pulled Items 2-C and 2-E for discussion. The balance of the Consent Calendar (Items 2- A, 2-B and 2-F) was motioned for approval by Member Tam, seconded by Member Matarrese and passed by the following voice votes: Ayes: 5, Noes: 0, Abstentions: 0 Discussion on Item 2-C: Leslie Little, Economic Development Director, summarized the staff report. There were several speakers. The speakers who were against the item were concerned about the soccer field and Alameda resources being ceded to another city. They questioned what their fees pay for and the availability of the fields to Alameda’s soccer teams. Chair Johnson explained that the Jack London Youth Soccer League created and manages the pool of fields to which all the different soccer clubs can schedule games. The fields are not exclusive and are open to all the communities at all times. The annual maintenance of the field at Alameda Point is $40,000. Piedmont soccer does the maintenance, upkeep, take on that responsibility, and Alameda clubs still have use of all the soccer fields. 2-A Member deHaan was concerned that there would be a shortage of fields or available game-play on the field for Alameda clubs. Dale Lillard, Park and Rec Director, explained that there has not been a shortage of fields, and any shortage experienced was only due to the water rationing mandated by EBMUD to help with the drought, not by any scheduling conflicts. Member Matarrese clarified that this particular field at Alameda Point is not a City-owned field – it still belongs to the Navy and it is not being ceded to another city, it is being leased. He further explained that it is not any different than when the buildings are leased at Alameda point – leasing is not restricted to Alameda only – and if that land was not leased to the Piedmont soccer club, and because Alameda’s Parks and Rec department didn’t have the funds to maintain the field, it would be a weed field. There was further discussion from the representatives of the Jack London Youth Soccer Sports League, Alameda Soccer Club, and the Piedmont Soccer Club. They answered questions posed by the speakers and the Board, and further expressed their continued support and maintenance of the Alameda Point field for the benefit of all the youth soccer clubs. Item 2-C was motioned for approval by Member Matarrese, seconded by Member Tam and passed by the following voice votes: Ayes: 5, Noes: 0, Abstentions: 0 Discussion on Item 2-E: Leslie Little discussed staff’s request to augment the existing budget for removal of fire debris of Building 6 by $500,000. She summarized that in late March, Building 6 caught fire. The initial debris removal was done, but asbestos and other contaminated building materials were found, and the remaining concrete tower structures were unstable. We are eligible for a $200,000 grant from DTSC to offset the $500,000. Vice Chair deHaan asked what the overall cost would be when complete; and if we were going to hold Catellus responsible to pay back the cost. Ms. Little stated the amount to be approximately $2 million by completion. She further explained that under their existing DDA, Catellus is responsible for the demolition. There has been discussion between Catellus and the City regarding what their actual obligation for cost is beyond just the regular demolition, which will not be resolved until there is another amendment to their DDA. Ms. Little also stated that the City Attorney’s office has looked into whether we could put a lien on the property so that it couldn’t transfer without this obligation. There is no way around it, however, as the language of the DDA specifies that we have to deliver the property to them clear of liens or encumbrances. Member Matarrese asked how quickly, after the $500,000 is allocated, will the demolition be completed. Ms. Little stated that it would be done immediately, and that the daily cost of security will cease also. Member Matarrese stated that the Catellus DA clearly says that Catellus is responsible for demolishing this building. Since we demolished it for them, we need to assign this cost to them. Whatever the vehicle is we need to present it to Catellus. Member Gilmore asked what the modification to the ARRA budget is and if there are things we are not going to be able to do because of this $500,000 modification. Ms. Little explained that there is no line item where these funds could be taken from, so staff proposed this would come back to the ARRA in a budget adjustment. The funds would come out of the ARRA’s cash balance, rather than what is usually referred to as a fund balance. Member Matarrese motioned to approve the allocation of the $500,000 to complete the demolition, and added that the entire cost of the demolition be assigned to Catellus. Member Gilmore seconded the motion and it was passed by the following voice votes: Ayes: 5, Noes: 0, Abstentions: 0 3. REGULAR AGENDA ITEMS None. 4. ORAL REPORTS 4-A. Oral report from Member Matarrese, Restoration Advisory Board (RAB) representative - Highlights of September 3rd Alameda Point RAB Meeting. Member Matarrese said that the highlight of the meeting was an update and discussion on Site 1, the far northwest end of the wildlife refuge and lower part of Northwest Territories. The Navy presentation refreshed the RAB on boundaries and milestones, the Navy’s containment preference to use an engineered four-foot soil cover, and their path forward which included a timeline to Record of Decision (ROD) and remedial action to begin in December of 2010. The RAB’s discussion mostly challenged the assessment of that contamination – the fact that the sample site data was old and inadequate. Member Matarrese stated that discussions at the meetings have been heated and required a facilitator. There are people knowledgeable enough to ask very technical questions and the bottom line is that no one is satisfied with the Navy’s proposal to cap it with four feet of soil. Member Matarrese was not able to attend the October 1 RAB meeting. The next meeting is Nov. 5. Member Tam asked what the Navy plans to do with the feedback and their plans to go forward with capping, even to our objection. Member Matarrese explained that the Navy was supposed to have a final ROD by September 17th, but does not know if it has been published. The Navy is also supposed to go through the pre-design work this December of whatever solution there might be. ARRA’s letter to the Navy stating the objection to the soil capping was also copied to the Congressional delegation, which may garner a little more attention to slow this process down and get a different resolution. Member Matarrese also complimented the ARRA’s environmental consultant, Dr. Peter Russell, for the informative summaries of the RAB meetings which he provides to the ARRA. 5. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) There were no speakers. 6. COMMUNICATIONS FROM THE GOVERNING BODY None. 7. ADJOURNMENT Meeting was adjourned at 8:55 p.m. by Chair Johnson. Respectfully submitted, Irma Glidden ARRA Secretary