On Point: A few quick points
Remember a few weeks ago when city leaders got into it with SunCal’s chief operating officer, Frank Faye, about why SunCal went to the ballot with its development plan for the Point – and then asked SunCal to cover Alameda’s $280,000 Measure B election tab? (No? Then click here.)
Well, the folks at SunCal have agreed to pay those bills – provided they can reach a deal with the city to develop Alameda Point.
“In response to the letter from Ann Marie Gallant dated April 20, 2010 Re: Special Election Costs, SunCal agrees to include in the DDA executed by the CIC and SunCal a provision that SunCal will reimburse the City for the costs of the election and that such payment will be treated as an approved project predevelopment cost,” SunCal’s reps wrote in response to a city request to pay the tab for the February 2 election. The response was posted on the city’s SunCal Updates site.
The response follows another few weeks of back-and-forth (read: bickering), this time over the reasons for SunCal’s disastrous electoral turn.
SunCal attorney Amy Freilich said they figured they would need to sue the city to get permission to use state affordable housing laws to build a non-Measure A compliant project – until the city passed its own ordinance (known as the density bonus ordinance) in December 2009. And Freilich cited the lawsuit Boatworks developer Francis Collins filed against the city – and lost – to build more on his Clement Street acreage as proof of the company’s position.
“While as a technical legal matter, the City was still bound to comply with State density bonus law and grant a bonus, the City’s density bonus ordinance was the first time that the City expressly acknowledged in its codes or otherwise that the density bonus process was ever procedurally available and, more importantly, that the city would consider a “waiver” of the limitations of Measure A in connection with a density bonus application,” Freilich wrote in an April 28 letter.
But Mayor Beverly Johnson called you-know-what on that, saying the Collins suit was over other issues.
“(I)t is factually and legally incorrect that the City has at any time had an “unwritten city policy” to discourage the application of density bonus law,” Johnson wrote in a letter released Monday.
Quick note about a kind of important thing: Representatives from the Navy and the regulatory agencies in charge of overseeing the cleanup at Alameda Point will make a presentation about cleanup activities to date at 7:30 p.m. Thursday, May 6 at Mastick Senior Center, 1155 Santa Clara Avenue. The presentation, of course, is free and open to the public.
The federal government has spent $239.2 million to date cleaning up contaminants at the Point, with another $122 million slated to be spent in 2011 and beyond. So far, the Navy has transferred or is set to transfer 40 percent of the base, while another 35 percent is undergoing active cleanup and 25 percent is under investigation for future cleanup.
Each cleanup job takes between one and five years, and the majority of the base cleanup work to date is being done to residential standards, according to a presentation posted on the city’s website.
We plan to be at the meeting, so stay tuned Friday for more.