Concord appoints special investigator
Concord Interim City Attorney Brian Libow announced today the selection of Michael Jenkins, of the law firm of Jenkins & Hogin, to act as special investigator into allegations of improper lobbying and Brown Act violations in the selection process for the Master Developer for the Concord Naval Weapons Station.
"I wanted someone with absolutely no connection with Catellus, no connection with Lennar, and no connection with the City of Concord or any potential witnesses," said Libow. "Mr. Jenkins brings an unquestioned integrity to the investigative process. He is perhaps the preeminent Brown Act expert in the State of California."
Jenkins serves as city attorney and special counsel for numerous municipalities around the State. He has served as President and Director of the City Attorneys Department of the League of California Cities, and is chair of the League’s Brown Act Committee. For the past 29 years, he has taught local government law at the University of Southern California Law Center and is a frequent lecturer on municipal law subjects and author of training programs and exercises for municipal lawyers and elected officials. Jenkins has conducted special investigations for a number of cities in both northern and southern California involving Brown Act violations, conflict of interest, and other alleged improprieties by elected officials and high-level city executives.
For more information about the Reuse Project for the Concord Naval Weapons Station, visit www.concordreuseproject.org.
Concord postpones weapons station meeting
The City of Concord has cancelled two meetings during which the City Council was scheduled to discuss the selection of a Master Developer for the Phase 1 development of the Concord Naval Weapons Station. The two finalist candidates are Catellus Development Corporation and Lennar Urban. A September 29 meeting was postponed because Catellus issued a letter calling into question the City selection process. The October 15 meeting was cancelled after the tragic death of the City Attorney.
The selection of the Master Developer is temporarily paused while the City hires an interim City Attorney and a neutral third party to complete an investigation into the issues raised by Catellus. The earliest that the public selection process will move forward is January 2016.
- Staff Report 9/29/15
- Catellus Term Sheet Package
- Lennar Term Sheet Package
- Letters from Catellus
- Letter from Lennar
Master Developer Proposals:
About the project
The redevelopment of the 5,046 acre CNWS site represents one of the largest mixed-use, transit-oriented community development opportunities in Northern California. The City started planning for the reuse of the site with the community in 2006. After an initial community visioning session and numerous workshops, the LRA appointed a 20-member Community Advisory Committee, which met for two years. During that time, the committee worked with staff to develop two alternative plans for the base, which were sent forward to the LRA.
In 2009, the LRA adopted the Clustered Villages alternative, which calls for residential, commercial and office use around the North Concord BART station with greenways and parks separating neighborhood villages. Approximately 69 percent of the property is open space and recreational facilities. The eastern section of the property is proposed to be transferred to the East Bay Regional Park District.
Over the next two years, extensive work was done to refine the selected alternative and bring the plan into compliance with the requirements of numerous state and federal agencies. In 2012, the City Council officially adopted the Concord Reuse Project Area Plan, based on the Clustered Villages alternative.
The property is still owned by the Navy with the first parcels of land expected to transfer in spring of 2016. After the Phase 1 parcels are transferred, it will take another year or more for the necessary specific planning/design work to be completed and infrastructure to be built, including water, power and main roadways.
After the site is improved, the master developer will seek various specialty developers for the housing, retail, office, commercial and sports venues planned for the property. The process of building out the project will take several decades.
Master Developer Selection Process Continues
On April 14, 2015, the Concord City Council selected two Master Developer candidates to participate in the initial negotiation stage. The two firms are Catellus Development Corporation and Lennar Urban.
The City has begun initial negotiations with the two firms, working toward preparation of separate term sheets. The individual term sheets will be part of the materials presented to the City Council as part of the foundation for selection of the final Master Developer. Council action is projected for late September. The term sheets will provide the outline of the respective firms' approach to completing the first phase of development. The term sheets will provide a foundation for negotiating a Developer Disposition Agreement (DDA) with the final selected Master Developer. The term sheets include topics such as schedule, plans for the first phase of development, approach to phasing, infrastructure investment/financing, risk management, affordable housing mix, Navy compensation, labor policy, and other key terms.
As part of due diligence for the selection of a Master Developer, the City Council has completed four site visits to projects underway by the respective candidate Master Developers:
- Mueller (formerly the Austin municipal airport), under development in Austin, Texas by Catellus Development Corporation. View: Minutes from this site visit | Catellus Agenda). In addition, the City received the following Videos of the Mueller site from the Catellus Development Corporation.
- El Toro (formerly the Marine Corps Air Station El Toro), under development in Irvine, California by a partner corporation to Lennar Urban. Minutes from this site visit are available here; the public notice for this site visit is available here: Lennar Agenda.
- Alameda Landing, under development in Alameda, California by Catellus. Minutes from this site visit are available here; the public notice for this site visit is available here: Catellus Agenda.
- The Shipyard at Hunter’s Point, under development in San Francisco, California by Lennar Urban. Notes from this site visit are available here; the public notice for this site visit is available here: Lennar Agenda.
- Mueller HomeBuilder Products
- Mueller Tour Guide.pdf
- Mueller Timeline
- Mueller Fact Sheets
- Mueller 2014 Community Report
- Mueller Photos: Part 1 | Part 2
- Video: Mueller
- Video: Flyover 2014
- Agenda for 6/5/2015 Meeting
- Agenda for 6/17/2015 Meeting
- DRAFT Minutes for 6/5/2015 Meeting
For more information, contact the Concord Reuse Project office, (925) 671-3001 or email Pamela Laperchia at email@example.com.