As an aid to better understanding the Revitalize Alameda Point initiative, AAPR has put together a handy dandy list of commonly used development terms and their definitions.
ENA = Exclusive Negotiation Agreement
Alameda agreed to negotiate exclusively with SunCal regarding the Alameda Point reuse project. The city shall not negotiate with any other entity regarding the project or the project site. The ENA expires in July of 2010. The ENA requires “good faith” negotiations and “exclusive” negotiations.
DA = Development Agreement
This is a contract between a private entity, in this case SunCal, and the City of Alameda to develop an area of land that places conditions upon the project. This lays out the framework for a project by setting forth the legal, financial and other policies necessary for the implementation of the Land Use (Specific) Plan. The agreement is good for the city because it provides for an increase in the public benefits of a project and it is good for the developer because it establishes ground rules for the project.
DDA = Disposition and Development Agreement
A contract between a developer and the City of Alameda that provides the framework for the city’s transfer of the property to SunCal and the developer’s construction and operation of the project. Nothing in a DA limits the authority of the DDA to define the development, phasing and fiscal obligations of the project.
CEQA = California Environmental Quality Act
A state law that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. CEQA requires that an Environmental Impact Report (EIR) is prepared for the project in order to assure that the environmental impacts of the whole of the project will be addressed prior to construction. The EIR is an independent analysis conducted by consultants selected by and reporting to the City of Alameda. SunCal Companies is paying for the $2 million EIR, but it is the City’s role to manage the process. The EIR will study the Revitalization Initiative’s impacts on wildlife, air and water quality, traffic, climate change, geotechnical issues and the health of wildlife in the area, among other things.
Fiscal Neutrality
Alameda Resolution 13642 (Policy of Fiscal Neutrality Regarding Development at Alameda Point) requires that the project pay for itself and not cost the City of Alameda or residents outside of Alameda Point. Fiscal neutrality means it cannot require a subsidy from the City of Alameda nor use funding from city services. The initiative requires the City and the developer to design the public financing plan for the project so that the Specific Plan will be achieved while meeting the City’s requirement of fiscal neutrality. The DDA will further specify the controls and terms of fiscal neutrality.
