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2003-07-22 Special Joint CC CIC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL AND COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -JULY 22, 2003- -5:25 P.M. Mayor /Chair Johnson convened the Special Joint Meeting at 6:31 p.m. ROLL CALL - Present: Councilmembers /Commissioners Daysog, Kerr, Matarrese and Mayor /Chair Johnson - 4. Absent: None. The Special Joint Meeting was adjourned to closed session to consider: (03 -355A CC /03 -040 CIC) Conference with Real Property Negotiator; property: Enterprise Landing, Alameda Point; Negotiating parties: Community Improvement Commission, City of Alameda, Catellus Development Corp., and ACET; Under negotiation: Price and terms. Following the Closed Session, the Special Joint Meeting was reconvened and Mayor /Chair Johnson announced that direction was given to the Real Property Negotiator. (03 -355B CC) Resolution No. 13620, "Making Findings Concerning a Proposed Bio- Technology Incubator at the Former Fleet Industrial Supply Center and Pledging City Support for the Project via a Waiver of Certain Development Impact Fees." Adopted. Sandre Swanson, Alameda resident and Congresswoman Barbara Lee's office representative, stated the bio- incubator activity in Alameda has been underway for over six years; there is an opportunity to have a larger incubator; encouraged adoption of the resolution; stated once the Council takes action, EDA [Economic Development Administration of the federal government] will release approved project funds; there was concern about Item 4 [of the resolution], which sets a rigid timeframe of two years; suggested Council consider modification to make two years a goal, not a firm requirement, to allow reasonable delays that are not ACET's fault; stated EDA has indicated the lien will be approved; urged the Council to remain open to allowing ACET to return to Council with any delays. Vice Mayor Daysog stated the City has an opportunity to build on the emerging biotech sector in Alameda with ACET; the wording of the resolution should reflect an unqualified match for EDA; contingencies should not be included in [resolution] Item 4; suggested Item 4 be eliminated; stated two years should be a goal. Special Joint Meeting Alameda City Council and 1 Community Improvement Commission July 22, 2003 Vice Mayor Daysog moved adoption of the resolution, with Item 4 of the resolution changed accordingly to make the match not contingent and to reflect two years as a goal. Councilmember Kerr inquired whether Vice Mayor Daysog's motion eliminates the side Agreement, to which Vice Mayor Daysog responded in the negative. Councilmember Matarrese seconded the motion. Under discussion, Councilmember Matarrese stated the project is very important; construction should be finished in two years if there are no unforeseen delays; the Council should revisit the matter if there is a delay. Mayor Johnson concurred with Councilmember Matarrese; stated the matter could be addressed by having scheduled reporting to the City on the construction schedule and the progress. The Council concurred with Mayor Johnson's suggestion. Councilmember Kerr stated that she has concerns about the Agreement; ACET has made requests to Alameda Reuse and Redevelopment Authority to reduce rents and make concessions; ACET is requesting to continue to occupy its current site rent -free for a year; the City requested a history of incubator graduates and has not received a list showing economic benefit to Alameda; the City will receive $1.22 million from Catellus for the land sale; the City is expected to construct $1.2 million in infrastructure to enable ACET's construction; studies have not been done; the developer will probably be Catellus, which has not promised infrastructure can be completed for $1.2 million; part of the deal is that EDA will get the first deed of trust and the City would have a second deed of trust; however, Vice Mayor Daysog is recommending that the City forego the security of a second deed of trust; if EDA took over the property, there would be no property taxes; ACET might not pay property taxes; economic benefit is doubtful; infrastructure costs pose a risk; ACET is requesting a fee waiver, which involves money for police and fire services. Vice Mayor Daysog stated that the City wanted to have a second lien on the property; however, if the City conditioned the project on the second lien, EDA would not interpret the fee waiver as an unqualified match and would not distribute the millions of dollars ACET needs to begin construction; the City decided to pursue the second lien on a side basis; the biotech industry is sprouting in Alameda; the City should work with ACET to ensure that incubation Special Joint Meeting Alameda City Council and 2 Community Improvement Commission July 22, 2003 business remain in Alameda. Mayor Johnson stated infrastructure costs are part of the City's deal with Catellus; the matter has come to the Council to consider the $200,000 fee waiver; the City's deal with Catellus is that Catellus will purchase the property from the City and the City will pay to put in infrastructure; that she is comfortable with staff's $900,0000 infrastructure estimate; there is room for additional costs within $1.2 million; currently, the property does not generate tax because the City owns it; if title went to the federal government, the property would probably be sold back to the private sector. On the call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Daysog, Matarrese and Mayor Johnson - 3. Noes: Councilmember Kerr - 1. Councilmember Matarrese stated approval is a big step forward for economic development; federal money will come to Alameda to improve property. Mr. Swanson noted the project is the largest biotech incubator project in the nation; the project will cost $8 million; the federal government is providing $6.4 million to make the project happen in Alameda; noted Congressman Pete Stark's office is committed to making the project a success. (03 -047 CIC) Resolution No. 03 -114, "Making Findings Concerning a Proposed Bio- Technology Incubator at the Former Fleet Industrial Supply Center and Pledging Community Improvement Commission Support for the Project via Below Market Sale and Provision of Backbone Infrastructure to the Site." Adopted. Commissioner Daysog moved adoption of the resolution with the same changes [as the Council resolution] to make the fee waiver not contingent and make two years the construction goal. Commissioner Matarrese seconded the motion, which carried by the following voice vote: Ayes: Commissioners Daysog, Matarrese and Chair Johnson. Noes: Commissioner Kerr - 1. Under communication, in response to Councilmember /Commissioner Matarrese's question about the Bridgeside purchase [at the July 21, 2003 Special CIC Meeting], the City Manager /Executive Director stated the property closed today; the City owns the Bridgeside center; the City is released from the terms of the Settlement Agreement, which prohibited disclosure of the purchase amount; the City will continue negotiations with the prospective developer; Special Joint Meeting Alameda City Council and 3 Community Improvement Commission July 22, 2003 hopefully, the matter will return to the CIC within sixty days. Councilmember /Commissioner Kerr requested staff to provide the sale price. The Assistant City Attorney /Legal Counsel stated the sale price, pursuant to the Settlement Agreement, was $6.25 million. Mayor /Chair Johnson inquired what was the appraisal amount for the property, to which the Assistant City Attorney /Legal Counsel responded in excess of $7 million. Councilmember /Commissioner Kerr noted the City's purchase was for less than the appraised price. ADJOURNMENT There being no further business, Mayor /Chair Johnson adjourned the Special Meeting at 6:55 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council and 4 Community Improvement Commission July 22, 2003