Title
Recommendation to Approve Eric Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, Debbie Potter, Community Development Director, and Nanette Mocanu, Assistant Community Development Director as Real Property Negotiators for the Alameda Theatre, Located at 2317 Central Avenue, Alameda, CA. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In 2004, the former Community Improvement Commission (CIC) entered into a Disposition and Development Agreement (DDA) for the redevelopment of the Alameda Theatre (Theatre). A lease agreement was also executed consistent with the requirements of the DDA. The Theatre has been a major catalyst in the revitalization of the Park Street commercial district. In response to the social and economic impacts of the coronavirus pandemic, staff, after hearing from the Theatre owner, is seeking the City Council’s approval of negotiators to discuss price and terms associated with the Alameda Theatre lease.
BACKGROUND
The former CIC entered into a lease with the Theatre in March 2007. The lease was subsequently assigned to the City in 2011. Over the past 13 years, the Theatre has anchored the Park Street area and has been a major catalyst in a positive transformation for the commercial district. The coronavirus pandemic has resulted (and will likely continue to result) in economic losses for the Theatre as it has been unable to operate since the Shelter-in-Place (SIP) order was issued on March 16, 2020. The Theatre owner has approached staff to discuss the impact of the SIP order on the business and the business’ ability to pay rent pursuant to the lease agreement with the City.
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 Alameda Theatre. Staff recommends that the negotiators for negotiations related to the Theatre include Eric Levitt, City Manager; Lisa Maxwell, Assistant City Attorney; Debbie Potter, Community Development Director, and Nanette Mocanu, Assistant Community Development Director. This will allow those individuals to negotiate on the City’s behalf, based on direction provided by the City Council.
ALTERNATIVES
• Approve Eric Levitt, Debbie Potter, Nanette Mocanu and Lisa Maxwell as real property negotiators for the Alameda Theatre.
• Identify other staff as negotiators.
• Choose not to negotiate price and terms related to the Alameda Theatre property, 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 has no effect on the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
Approval of real property negotiators is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, as it involves the negotiation of the price and terms of a lease.
CLIMATE IMPACTS
This action has no climate impacts.
RECOMMENDATION
Approve Eric Levitt, City Manager, Lisa Maxwell, Assistant City Attorney, and Debbie Potter, Community Development Director, and Nanette Mocanu, Assistant Community Development Director as Real Property Negotiators for Alameda Theatre, located at 2317 Central Avenue, Alameda, CA 94501.
CITY MANAGER RECOMMENDATION
The City Manager concurs with staff recommendation.
Respectfully submitted,
Gerry Beaudin, Assistant City Manager
Financial Impact section reviewed,
Nancy Bronstein, Interim Finance Director/ Human Resources Director
cc: Eric Levitt, City Manager