2000-05-31 Joint CC CIC MinutesMINUTES OF THE SPECIAL JOINT CITY COUNCIL
AND COMMUNITY IMPROVEMENT COMMISSION MEETING
WEDNESDAY- -MAY 31, 2000- -6:30 P.M.
Mayor /Chair Appezzato convened the Special Joint Meeting at 6:50
p.m. Councilmember /Commissioner DeWitt led the Pledge of
Allegiance.
ROLL CALL - Present: Councilmembers /Commissioners Daysog,
DeWitt, Johnson, Kerr and Mayor /Chair
Appezzato - 5.
Absent: None.
AGENDA ITEM
(CC /00- 273)(CIC/00 -22) Joint Public Hearing of the City Council and
Community Improvement Commission.
Mayor /Chair Appezzato opened the public portion of the Hearing.
OPPONENTS:
Michael Yoshii, Renewed Hope;
Laura Thomas, Renewed Hope;
Jeff Georgevich, Renewed Hope;
Tom Matthews, Renewed Hope;
Vicki Smith, Renewed Hope;
Bonnie Bone, Alameda;
Arthur Chen, Peralta Community College District;
Charles Abrams, College of Alameda;
Amey Stone, President, Peralta Colleges Board of Trustees;
Steven Gerstle, Alameda;
C.M. Kennedy, Alameda;
John F. Roake, Alameda;
Eve Bach, ARC Ecology;
Carl Halpern, Alameda;
Chris Novosel, Alameda;
Mayor /Chair Appezzato called a recess at 8:10 p.m. and reconvened
the Special Joint Meeting at 8:22 p.m.
OPPONENTS (continued):
Dennis Jennings, Alameda;
Jean Richter, Alameda;
Richard Neveln, Alameda;
Frank Skiles, Alameda;
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OPPONENTS (continued):
David Borglum, Home of Truth Spiritual Center;
Joan Visser, Home of Truth Spiritual Center;
Father Jeff Keyes, St. Barnabas;
Austin Tam, Alameda;
Wendy Horikoshi, Alameda;
Marianno Juaco, Renewed Hope; (not present)
Peggy Doherty, Renewed Hope;
Joyce Larrick, Golden Gate Audubon Society;
Lester Dickson, Renewed Hope; (not present)
Jesse Manibusan, Two by Two Ministries;
Heather Heppner, Renewed Hope; (not present)
Mary McAdams, SHARE; (not present)
Pat Colburn, Alameda; (not present)
Eddrena Peters, Renewed Hope;
Mary Grace Halatsis, Alameda;
Bonnie Lagemann, Alameda;
Tom Massery, Alameda;
Barry Lagemann, Alameda;
Mayor /Chair Appezzato called a recess at 9:40 p.m. and reconvened
the Special Joint Meeting at 9:53 p.m.
OPPONENTS (continued):
Betsy P. Elgar, Alameda;
Andrea Szeto, Alameda; (not present)
Anna Roja, Alameda;
Stephen Lee, Alameda;
Elizabeth Baca, Renewed Hope;
William Smith, Alameda;
John Ricci, Alameda.
PROPONENTS:
Paula McCloskey, Chamber of Commerce;
Dick Lyons, President, Chamber of Commerce;
Moira Fossum, Chamber of Commerce;
Linda Soulage, Alameda;
Len Grzanka, Alameda;
Gary McLueh, Alameda;
C.L. Tarver, Alameda;
Rob Ford, Alameda;
Ian Roger;
Allen Flock, Alameda;
Walt Jacobs, Chair, Alameda Association of Realtors;
Douglas deHann, Alameda;
Alice Garvin, Alameda;
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S. Rudloff, Alameda;
Michael Williams, Alameda;
PROPONENTS (continued):
Ann Bracci, Alameda;
Hanna Fry, Alameda;
Bill Garvine, Alameda Power & Telecom;
Joan Konrad, Alameda;
Kent Rosenblum, West Alameda Business Association (WABA);
Jean Sweeney, Alameda;
Jerry Goldman, Alameda; (not present)
Allen Michaan, Alameda; (not present)
Betsy Goldman, Alameda; (not present)
Timmie Chesler, Alameda;
Marti Buxton, Catellus;
Don Little, Catellus;
Chris Hawke, Catellus;
Rich Avelar, Catellus.
NEUTRAL:
Claudia Cappio, City of Oakland;
Michael John Torrey, Alameda;
Ann Mitchum, Alameda;
Bill Smith, Alameda;
John Fee, Alameda.
Mayor /Chair Appezzato closed the public portion of the Hearing.
Vice Mayor /Commissioner Daysog stated testimony this evening was
eloquent; there is a regional housing crisis; Alameda is in a
unique position because the City is facing Base closure; Council is
moving forward with a prudent redevelopment plan - -the Catellus
project; there is still much to do regarding affordable housing;
the question is whether there are different avenues to pursue
affordable housing in addition to meeting requirements within the
Catellus project and other portions of Alameda Point; if the
Housing Forum activities are an indication, the answer is a
resounding yes; the redevelopment plan is prudent; 500 acres have
been set aside for California Least Terns; 300 homes on Alameda
Point will be provided for homeless; the City needs to start with
economic revitalization; the Catellus project can jump -start the
process.
Councilmember /Commissioner Kerr stated that she was impressed by
the heartfelt testimony tonight; however, there was no recognition
for all that Alameda has done regarding housing; Alameda has taken
responsibility for all types of affordable housing; Alameda took
greater responsibility for homeless housing than surrounding
communities; past City Councils deserve credit.
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Councilmember /Commissioner Johnson stated the focus of the issue is
the need for housing; the housing crisis is regional; Council will
continue to address the housing issue; the City is doing something
about the housing crisis; there are affordable housing projects
under construction; Alameda did not put homeless housing
requirements on other communities; Alameda willingly took
responsibility, which is only one of the things the City has done
to deal with the housing crisis; the continuation of Alameda's
economy depends upon providing housing; if there is no housing for
workers, employers might leave the City; the jobs- housing balance
issue has arisen; Alameda does not have enough jobs to balance with
the amount of housing; communities have fewer commuters when there
is a balance between [the amount of] housing and [number of] jobs;
further stated integrated affordable housing is needed; the City
cannot have affordable, high- income and middle - income housing each
consolidated in particular areas; most people do not know Alameda
has done a good job of providing affordable housing and housing
assistance because subsidized units blend with neighborhoods;
Alameda will continue with its serious commitment to housing; the
condition of the property [East Housing] is unacceptable; the
[Renewed Hope] proposal is to rehabilitate said housing; what was
just shown [presentation by Catellus's Consultant] seems to
indicate the numbers [amount of money to rehabilitate said units]
would go beyond those [figures] provided by Renewed Hope.
Councilmember /Commissioner DeWitt stated affordable housing is the
main issue of those in attendance; that he is for affordable
housing; the City will build affordable housing; East Housing units
are not the solution; Renewed Hope should work with the City to
provide affordable housing; the Catellus project provides the City
with the financial ability to make affordable housing a reality;
the cost difference in the amount of money which would be generated
is obvious; most can see there is a difference of millions of
dollars between the Catellus project and the Renewed Hope project;
the City can get there [provide affordable housing] faster if
everyone works together and [Council] approves the Catellus project
which has the financial wherewithal.
Vice Mayor /Commissioner Daysog stated members of Renewed Hope
acknowledged the infrastructure impediments that plague Alameda
Point; the different sides seem to be working toward a consensus;
hopefully, said matter will be further resolved in venues such as
the Housing Forum.
Mayor /Chair Appezzato thanked everyone for their courtesy this
evening; stated the City must deal with affordable housing and has
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done a lot; HUD has consistently rated the Housing Authority in the
Country's top; Anne Diament Senior Center at Park Street and Otis
Drive provides 65 units of senior housing; the City has purchased
seven senior citizen condominiums; Eagle Village has 42 units of
low- income [housing]; Esperanza has 120 units; Independence Plaza
has 166 units of senior housing: 92 very low, 36 low, and 58 market
[rate] units; the Lincoln Avenue /Willow Street complex has 5 units
of low- income [housing]; Parrot Gardens has 8 units; Parrot Village
has 50 units; Rosefield Village has 46 units: 40 modular, 1 tri-
plex, and 3 single- family; the Stanford House has a 4 unit complex;
there are 2 complexes managed by the Filipino - American community:
1) one has 9 units: 5 very low, 2 low, and 2 market rate; and 2)
the other is a 4 unit very low [income] on Lincoln Avenue; the City
is providing homeownership opportunities; at 2201 Santa Clara
Avenue, 3 affordable housing units are being built; there are 3
other homes at 1129 -31 Regent Street; at 460 Buena Vista Avenue, 26
units will be purchased by the City and turned into low -, market
rate -, and very low- income condominiums; at 720 Buena Vista Avenue,
hopefully, there will be 9 affordable housing units built; the City
of Alameda has locked in rents for 40 family -units at Playa del
Alameda for 50 years; the City donated land on Buena Vista Avenue
for Habitat for Humanity for 2 affordable [income] families; Base
reuse was not a Council driven function; hundreds of Alamedans
participated in the Base Reuse Plan which was sent to Washington
[D.C.] a couple of years ago; there were a number of groups,
including housing, education, and infrastructure; the Plan sent to
Washington [D.C.] was approved; the Plan was approved by the
community, Boards and Commissions, and the Council; the City has
been criticized for dealing with the McKinney Act and the Homeless
Assistance Act of 1994 by individuals who did not support meeting
the federal requirements of Base conversion; about 239 units have
been turned over to the Homeless Collaborative; it was a legal
mandate to deal with the Collaborative; 39 units will be built for
homeless veterans; 280 to maybe 300 homes will be turned over to
affordable housing due to Base closure; by State mandate, 150 of
the housing built [will be affordable] because almost all of
Alameda is a redevelopment zone; the Catellus project is 200 acres;
the project is the beginning of a 20 -30 year process; many believe
the City can deal with many issues Renewed Hope brought up tonight
at a later date; the City struck an Agreement with the Homeless
Collaborative; the City also struck a deal with the School District
to build a new school and rehabilitate current schools; the City
agreed to give the School District $4.20 a square foot for every
home built; the State minimum mandate is $1.93; money will be used
to rehabilitate schools in the City and build new schools in the
West End; due to the Agreement with the School District, Mastick
Senior Center will be turned over to the City; further stated the
first redevelopment phase will be 30 -40 years or longer; 1,000
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acres will be developed; 565 acres of land, almost 250 of the Base,
will be granted to a wildlife refuge and open space; an additional
300 acres of wetland will be added to that; almost 900 acres will
become a wildlife refuge and open space; 56 acres have been
designated for a sports complex; a golf course may be built on
another 200 acres; there is about 800 -900 acres left to develop,
which is still a formidable task; the City looked at seven
developers and narrowed it to three; the City Council selected
Catellus; the City is the developer of the Base; Catellus was
selected to work for the City; the project has been long and
difficult; the City probably would not have the momentum and the
enthusiasm to start over; that he does not know where money for
infrastructure would come from [for Renewed Hope]; original
[infrastructure] figures were up to $200 Million; now $100 Million
[is the estimate] for the entire Base; the community does not have
that kind of revenue stream; the process will take 30 to 40 years.
(CC /00 -274) Resolution No.
Environmental Impact
(State Clearinghouse
13216, "Certifying
Report for the Catellus Mixed Use
#1998112078)." Adopted.
the Final
Development
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -275) Resolution No. 13217, "Making Findings Concerning
Mitigation Measures, Adopting a Mitigation Monitoring and Reporting
Program, Making Findings Concerning Alternatives, and Adopting a
Statement of Overriding Considerations in Accordance with the
California Environmental Quality Act for the Catellus Mixed Use
Development (State Clearinghouse #1998112078)." Adopted.
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -276) Resolution No. 13218, "Approving General Plan
Amendment, GPA- 99 -05: 1) General Plan Amendments to: a) the General
Plan Diagram to Change the Designation of the Northern Portion of
the Alameda Fleet Industrial Supply Center (FISC) Site from Federal
Facilities to Business Park, Change the Designation of an
Approximately 2.5 Acre Portion of the FISC Site Adjacent to the
U.S. Coast Guard Facility from Medium Density Residential to
Business Park, Change the Designation of an Eight Acre Portion of
the FISC (Proposed School Site) from Medium Density Residential to
Public/ Institutional, and Change the Designation of Those Portions
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of the FISC Proposed for a Five Acre Park and Waterfront Promenade
from Federal Facilities and Medium Density Residential to Parks and
Public Open Space, b) Amend Figures 7 -1 and 7 -2, Policies 2.9a,
2.9c, 3.2b and 7.2a, and Associated Text to Delete Reference to the
Alameda Naval Air Station (NAS), and c) Amend Figure 7 -1, Table 7 -1
and Associated Text of the Housing Element to Clarify the City's
Inventory of Low and Moderate Housing." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -277) Introduction of Ordinance Reclassifying and Rezoning
Property Located at the Former Alameda FISC and Annex and NAS
Alameda East Housing from M -2 -G, General Industrial (Manufacturing)
District with a Special Government Combining Overlay (G) and R -4 -G,
Neighborhood Residential with a Special Government Combining
Overlay (G) to MX, Mixed Use Planned Development District.
Introduced.
Councilmember DeWitt moved introduction of the Ordinance.
Councilmember Johnson seconded the motion.
Under discussion, Councilmember Kerr stated amendments were made to
the MX zoning ordinance; when a MX zoning district is formed, the
Council can retain jurisdiction or decide how much to delegate to
the Planning Director; in the [Catellus] Master Plan, minor
amendments shall be delegated to the Planning Director and major
amendments shall remain the authority of the City Council.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(CC /00 -278) Introduction of Ordinance Approving Master Plan MP -99-
01 for a Mixed Use Development Including Single- Family Residential
Office, Research and Development, Open Space, and Limited Retail
Uses as well as Sites for Multiple Family Residential and a School,
Located Within a Project Area Encompassing Approximately 215 Acres
of Land and Water at the Former Alameda FISC and Annex and NAS
Alameda East Housing. Introduced.
Councilmember Johnson moved introduction of the Ordinance.
Vice Mayor Daysog seconded the motion.
Under discussion, Councilmember Kerr stated the Master Plan has
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specifications for side yards, lot coverage, height, etc., which
will override Alameda's existing Zoning Code; Development Plans
will go before the Planning Board and the City Council;
specifications overriding the Zoning Code could be creatively used
or cause problems in the future, e.g., permitting zero lot lines,
other than duplexes, depends upon granting easements on adjoining
lots; said practice has caused some problems in Planned
Developments elsewhere in the City; these [specifications] could be
problems or could be a plus.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(CC /00 -279) Resolution No. 13219, "Approving a Parcel (Disposition)
Map for a Proposed Mixed Use Development to be Located on a 215
Acre Site Encompassing the Alameda FISC and Annex and NAS Alameda
East Housing, Catellus Development Corporation." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -280) Resolution No. 13220, "Approving Tentative Map, TM-
7179." Adopted.
Councilmember DeWitt moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
Development Manager Jeff Bond stated there are a couple of minor
corrections to the Tentative Map; there is a typographical error on
Condition 103 which requires a 1,500 gallon per minute fire flow
[rate] rather than 1,250 gallon per minute fire flow [rate].
Mayor Appezzato inquired whether Councilmember DeWitt would include
the change in the motion.
Councilmember DeWitt amended the motion, to include the change
[1,500 gallons per minute fire flow rate to 1,250].
Councilmember Johnson seconded the amended motion, which carried by
unanimous voice vote - 5.
(CC /00 -281) Introduction of Ordinance Approving Development
Agreement DA -99 -01 for a Mixed Use Development Including Single -
Family Residential Office, Research and Development, Open Space,
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and Limited Retail Uses as well as Sites for Multiple Family
Residential and a School, Located Within a Project Area
Encompassing Approximately 215 Acres of Land and Water at the
Former Alameda FISC and Annex and NAS Alameda East Housing.
Introduced.
Councilmember Johnson moved introduction of the Ordinance.
Vice Mayor Daysog seconded the motion.
Councilmember DeWitt stated there was a Development Agreement
supplement provided by staff; inquired whether it was included in
the motion.
Development Manager Bond stated that this afternoon, Council was
provided a Technical Correction Supplement to the Development
Agreement; the staff recommendation is to incorporate the Technical
Amendment into the motion.
Councilmember Johnson inquired whether she needed to incorporate
the technical correction or whether it was included.
The City Attorney responded staff understands Council's direction.
Councilmember Kerr stated that on page 60 of the Disposition and
Development Agreement (DDA), the developer is given the right to
fund infrastructure in the case the Community Improvement
Commission (CIC) fails to do so; the developer is given the right
to charge 20 interest of the demolition and infrastructure
shortfall; after applicable notice, the developer is allowed to
charge 180 on possibly millions of dollars; requested the matter be
clarified.
CIC Legal Counsel, Marc Mihaly of Shute, Mihaly & Weinberger in San
Francisco, stated the paragraph refers to a situation where the
City has the money and refuses to pay; e.g., the money is in the
account and for whatever reason, the City defaults and they
[Catellus] are a wronged party; it is like refusing to pay a
contract; 18% is punitive in said situation and reflects the risk -
money rate; perhaps the situation in mind is: there is not money
for the City to go forward with the infrastructure; for example,
when project revenues and expenses are reviewed, the project
manager, in good faith, could make a determination that the next
phase infrastructure cannot move ahead because of upcoming bond
payments; in said event, the developer has the right to become the
project lender and can finance payments, rather the City; in said
situation, the developer has a right to current interest rate not
to exceed market, plus two points.
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Councilmember Kerr inquired whether default due to the CIC being
short of money, would make the interest rate the prevailing
commercial rate; and whether there would be a punitive interest
rate only if the CIC had the money and refused to perform.
Legal Counsel Mihaly responded in the affirmative.
Councilmember Kerr stated the addendum recently provided to
Council, [Section] 2.3.1.1 states: "the developer shall have the
right to adjust the boundary of the residential conveyance parcels
at any time;" inquired whether the developer has a right to redo
[boundary lines].
Development Manager Bond stated the addendum is discussing a
situation along the western edge of the site, next to the Main
Street Linear Park, where the first phase was originally proposed
to begin; in the area close to the property line, there is a
functioning underground electrical line; it would be more cost
effective and timely to shift the beginning [western edge] of the
project over less than 100 feet; more engineering analysis is
needed to determine the schedule of said work; staff would like the
flexibility to move it [western edge] one way or the other.
Vice Mayor Daysog inquired the direction the line would be shifted.
Development Manager Bond responded the shift would be towards the
College of Alameda.
Councilmember Kerr stated that in closed sessions, she disagreed
with the philosophy of paying a lower price for the sake of profit
sharing; tonight the Council is faced with the reality that the
City has a $20 Million debt to pay off for Alameda Point and $3
Million per year is being lost; in spite of the fact that the
Agreement is not perfect from her point of view, it is time to move
forward; the City cannot afford to delay anymore.
On the call for the question, the motion carried by unanimous voice
vote - 5.
(CIC /00 -23) Resolution No. 00 -87, "Adopting Findings of Fact
Regarding Environmental Impacts and Mitigation Measures, Findings
of Fact Concerning Alternatives, the Mitigation and Monitoring
Program and a Statement of Overriding Considerations in Accordance
with the California Environmental Quality Act for the Proposed
Amendment to the Community Improvement Plan for the Business and
Waterfront Improvement Project." Adopted.
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Commissioner Daysog moved adoption of the Resolution.
Commissioner Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -282) Introduction of Ordinance Amending Ordinance No. 2559,
as Amended by Ordinance No. 2681 and Approving and Adopting the
Amendment to the Community Improvement Plan for the Business and
Waterfront Improvement Project. Introduced.
Councilmember Johnson moved introduction of the Ordinance.
Councilmember DeWitt seconded the motion, which carried by
unanimous voice vote - 5.
(CC /00 -283) (CIC /00 -24) Recommendation to authorize the
CityManager /Executive Director to Enter into a Joint Implementation
Agreement between the City of Alameda and the Community Improvement
Commission of the City of Alameda for the Administration of the
Catellus Project.
Councilmember /Commissioner Johnson moved approval of the staff
recommendation.
Councilmember /Commissioner DeWitt seconded the motion, which
carried by unanimous voice vote - 5.
(CC /00 -284) Resolution No. 13221, "Approving the Sale of Land at
the Former Fleet Industrial Supply Center and Annex and the East
Housing Portion of the Former Naval Air Station Alameda by the
Community Improvement Commission Pursuant to a Disposition and
Development Agreement." Adopted.
Vice Mayor Daysog moved adoption of the Resolution.
Councilmember Johnson seconded the motion, which carried by
unanimous voice vote - 5.
(CIC /00 -25) Resolution No. 00 -88, "Authorizing the Executive
Director to Enter Into a Disposition and Development Agreement with
Catellus Development Corporation for the Sale and Development of
Certain Real Property at the Fleet Industrial Supply Center and the
East Housing Portion of the Naval Air Station." Adopted.
Commissioner DeWitt moved adoption of the Resolution.
Commissioner Johnson seconded the motion, which carried by
unanimous voice vote - 5.
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ADJOURNMENT
There being no further business, Mayor /Chair Appezzato adjourned
the Special Joint Meeting at 11:20 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
Secretary, Community Improvement
Commission
The agenda for this meeting was posted in accordance with the Brown
Act.
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