Title
Recommendation to Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Andrew Thomas, Planning, Building, and Transportation Director, Len Aslanian, Assistant City Attorney, and Pat O’Keeffe, Consultant, as Real Property Negotiators for Pier 3 Located at 1501-1597 Ferry Point, Alameda Point, Alameda, CA [Water Emergency Transportation Authority (WETA)]. (Community Development 29061822)
..Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Staff is recommending that City Council designate City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning, Building, and Transportation Director Andrew Thomas, Assistant City Attorney Len Aslanian, and Baker Tilly Consultant Pat O’Keeffe, as the real property negotiators for Pier 3 located at 1501-1597 Ferry Point, Alameda Point, Alameda (Premises), which will allow them to meet with City Council in closed session to discuss price and terms related to occupancy of the Premises in a manner compliant with all applicable laws and to represent the City of Alameda (City) in negotiations with a public or private party.
BACKGROUND
The San Francisco Bay Area Water Emergency Transportation Authority (WETA) currently operates its Central Bay Operations & Maintenance Facility at 670 W. Hornet Avenue at Alameda Point. The lease between WETA and the City for 670 W. Hornet Avenue terminates December 31, 2076. WETA is interested in entering into a Non-Binding Lease Term Sheet with the City related to potential expansion and development on Pier 3, which is near the existing facility, for berthing and maintenance of a future fleet of zero emission vessels. Before committing to the development of Pier 3, WETA wishes to complete engineering and feasibility studies on the pier. The City and WETA intend to enter into a Right of Entry Agreement (ROE) with a two-year term to provide WETA the access and time necessary to complete that due diligence work. The ROE will not impede or prohibit use of the pier by its existing tenants, and WETA will assume liability for its investigative activities in the event of any resulting damages or injuries.
Staff is recommending that City Council designate City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning, Building, and Transportation Director Andrew Thomas, Assistant City Attorney Len Aslanian, and Baker Tilly Consultant Pat O’Keeffe as the real property negotiators for the Premises, which will allow them to meet with City Council in closed session to discuss price and terms for this property in a manner compliant with all applicable laws and to represent the City in negotiations with a public or private party.
DISCUSSION
Under Government Code Section 54956.8, Title 5, Division 2, Part 1, Chapter 9, the City Council must identify, in an open and public session, the real property negotiators for negotiation of the price and terms concerning real property, such as the Premises. Staff recommends that the negotiators for negotiations related to the Premises include Jennifer Ott, City Manager; Lisa Maxwell, Community Development Director, Andrew Thomas, Planning, Building, and Transportation Director, Len Aslanian, Assistant City Attorney, and Pat O’Keeffe, Baker Tilly Consultant. This will allow those individuals to negotiate on the City’s behalf, based on direction provided by the City Council.
ALTERNATIVES
• Approve Jennifer Ott, Lisa Maxwell, Andrew Thomas, Len Aslanian, and Pat O’Keeffe as real property negotiators for the Premises.
• Identify other staff as negotiators.
• Choose not to negotiate terms related to occupancy of the Premises, and thus do not identify negotiators.
FINANCIAL IMPACT
There is no financial impact from the approval of real property negotiators.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Andrew Thomas, Planning, Building, and Transportation Director, Len Aslanian, Assistant City Attorney, and Pat O’Keeffe, Baker Tilly Consultant, as Real Property Negotiators for Pier 3 located at 1501-1597, Alameda Point, and Alameda, CA 94501.
Respectfully submitted,
Lisa Maxwell, Community Development Director