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Recommendation to Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Andrew Thomas, Planning Building & Transportation Director, Scott Watson, Base Reuse Manager, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for the Site A Development Project located at 171 West Atlantic Avenue bounded by West Tower Avenue to the North, Pan Am Way to the West, Atlantic Ave to the South and Main Street to the East. (Community Development 29061822)
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To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
E XECUTIVE SUMMARY
Staff is recommending that City Council designate City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning Building & Transportation Director Andrew Thomas, Base Reuse Manager Scott Watson, , and Assistant City Attorney Len Aslanian, as the real property negotiators for the Site A Development project (Project), which will allow them to meet with City Council in closed session to discuss price and terms related to occupancy of the Project in a manner compliant with all applicable laws and to represent the City of Alameda (City) in negotiations with a public or private party.
B ACKGROUND
In June 2015, the City Council unanimously approved the “Site A” Development Plan, Development Agreement, and a Disposition and Development Agreement (DDA) with Alameda Point Partners (collectively, as amended, the Site A Agreements). Since execution of the Site A Agreements, through investment and construction there has been over $91.4 million of aggregate economic value created at Site A. As a result of this work, the City has realized the construction of 546 market rate housing units and 128 very low- and low-income units at Alameda Point.
The 2015 Site A Development Plan includes two additional phases, “Phase 2” and “Phase 3,” on which development has not yet begun. In September 2022, City Council approved Site A’s sixth amendment to the DDA that, among other things, increased the number of housing units from 800 to 1,290. Pursuant to the sixth amendment, Phase 2 and another parcel referred to as “Phase 1B” was conveyed to Alameda Point Partner’s successor in interest, CEI AP, LLC (CEI), in December 2022. In March 2023, CEI declared an event of force majeure under the DDA as a result of market conditions.
Staff is recommending that City Council designate City Manager Jennifer Ott, Community Development Director Lisa Maxwell, Planning Building & Transportation Director Andrew Thomas, Base Reuse Manager Scott Watson, and Assistant City Attorney Len Aslanian as the real property negotiators for the Site A development project, which will allow them to meet with City Council in closed session to discuss price and terms for this Project in a manner compliant with all applicable laws and to represent the City in negotiations with a public or private party.
D ISCUSSION
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 Project. Staff recommends that the negotiators for negotiations related to the Project include Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Andrew Thomas, Planning Building & Transportation Director, and Scott Watson, Base Reuse Manager. This will allow those individuals to negotiate on the City’s behalf, based on direction provided by the City Council.
A LTERNATIVES
• Approve Jennifer Ott, Lisa Maxwell, Andrew Thomas, Scott Watson and Len Aslanian as real property negotiators for the Project.
• Identify other staff as negotiators.
• Choose not to negotiate terms related to occupancy of the Project, and thus do not identify negotiators.
F INANCIAL IMPACT
There is no financial impact from the approval of real property negotiators.
M UNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
E NVIRONMENTAL 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.
C LIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
R ECOMMENDATION
Approve Jennifer Ott, City Manager, Lisa Maxwell, Community Development Director, Andrew Thomas, Planning Building & Transportation Director, Scott Watson, Base Reuse Manager, and Len Aslanian, Assistant City Attorney, as Real Property Negotiators for the Site A Development Project.
Respectfully submitted,
Lisa Maxwell, Community Development Director