File #: 2020-8471   
Type: Consent Calendar Item
Body: City Council
On agenda: 12/1/2020
Title: Recommendation to Approve Eric J. Levitt, City Manager, Lisa N. Maxwell, Assistant City Attorney, and Debbie Potter, Special Projects Analyst, as Real Property Negotiators for Site A at Alameda Point. (City Manager)

Title

 

Recommendation to Approve Eric J. Levitt, City Manager, Lisa N. Maxwell, Assistant City Attorney, and Debbie Potter, Special Projects Analyst, as Real Property Negotiators for Site A at Alameda Point. (City Manager)

 

Body

 

To: Honorable Mayor and Members of the City Council

 

EXECUTIVE SUMMARY

 

On May 19, 2020, City Council approved real property negotiations for Site A at Alameda Point. Eric J. Levitt, City Manager, Debbie Potter, Community Development Director, Michelle Giles, Redevelopment Project Manager and Lisa Nelson Maxwell, Assistant City Attorney were identified as real property negotiators to represent the City in connection with such prospective negotiations.

 

At this time, staff would like to amend the real property negotiators for Site A at Alameda Point. Staff is recommending that the City Council designate City Manager Eric J. Levitt, Assistant City Attorney Lisa N. Maxwell, and Special Projects Analyst Director Potter, as the real property negotiators, which will allow them to meet with City Council in closed session to discuss price and terms related to Site A at Alameda Point 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

 

Site A is a 68-acre development located at Alameda Point that extends generally from the Main Street entrance of Alameda Point to the eastern edge of the Seaplane Lagoon. The City entered into a Disposition and Development Agreement (DDA) with Alameda Point Partners (APP) in 2015, for the development of Site A. The DDA has been amended five times to address a variety of issues that have arisen during project implementation. As development continues, the need to renegotiate provisions of the agreement may be necessary from time to time. Such negotiations may fall within the scope of price and terms for which the City Council must designate real property negotiators prior to meeting in closed session to provide direction to the negotiators.

 

On May 19, 2020, City Council approved Eric J. Levitt, City Manager, Debbie Potter, Community Development Director, Michelle Giles, Redevelopment Project Manager and Lisa Nelson Maxwell, Assistant City Attorney as real property negotiators to represent the City in such prospective negotiations in connection with Site A at Alameda Point. Given the 15-20 year life span of the development project, it is expected that issues will arise warranting further real property negotiations related to price and terms, which the City Council may discuss in closed session. Before conducting such closed session items, the City Council must identify its real property negotiators and, if negotiators change, must acquire City Council approval of current real property negotiators.

 

DISCUSSION

 

Under Government Code Section 54956.8, Title 5, Division 2, Part 1, Chapter 9, the City Council must identify the real property negotiators for negotiation of the price and terms concerning real property, such as Site A at Alameda Point.  Staff recommends that the negotiators for Site A be Eric J. Levitt, City Manager, Lisa N. Maxwell, Assistant City Attorney, and Debbie Potter, and Special Projects Analyst. This will allow City Manager Levitt, Assistant City Attorney Maxwell, and Special Projects Analyst Potter, to negotiate on the City’s behalf with respect to Site A at Alameda Point, based on direction provided by the City Council.

ALTERNATIVES

 

City Council may:

 

-                     Approve Eric J. Levitt, Lisa N. Maxwell, and Debbie Potter as real property negotiators for Site A at Alameda Point;

-                     Identify other staff as negotiators; or

-                     Choose not to negotiate for Site A at Alameda Point.

 

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 topic at hand involves the negotiation of the possible lease of property.

 

CLIMATE IMPACTS

 

This action has no climate impacts.

 

RECOMMENDATION

 

Approve Eric J. Levitt, City Manager, Lisa N. Maxwell, Assistant City Attorney, and Debbie Potter, Special Projects Analyst, as Real Property Negotiators for Site A at Alameda Point.

 

CITY MANAGER RECOMMENDATION

 

The City Manager requests approval of the Real Property Negotiators.

 

Respectfully submitted,

Eric Levitt, City Manager