Consider Directing Staff to Collaborate with East Bay Regional Park District on Acquisition and Expansion of Crab Cove.  (Councilmember Matarrese) [Continued from January 20, 2015]
He insisted directing staff to collaborate with the East Bay Regional Park District on acquisition and expansion of Crab Cove. This item was placed on the agenda at the request of Vice Mayor Matt, R-S.C.. Vice Mayor. Thank you, Madam Mayor, and thank you to all of you who have turned up now for three meetings, three very long meetings, and it's truly appreciated. My counsel referral is entitled A Collaboration between the City Alameda and East Bay Regional Parks District, and its intent is to establish a good working relationship between the East Bay Regional Parks and the city of Alameda, particularly in light of some history and in light of what goes forward from here, not the least of $6.5 million of WW money that needs to be spent at a park or parklands at Alameda Point. And to put a closure on the expansion of Crab Cove, which the city electorate overwhelmingly supported in the 2008 election for Measure WW and my referral s that this body directs the city manager to meet with the General Manager of the East Bay Regional Parks District and following that meeting, prepare a work plan for the steps that the city can take to support. East Bay, regional parks, land acquisition and expansion of Crab Cove. And those steps will include but not be limited to those needed to settling any remaining issues. And I understand that there are none related to litigation, which is a good thing to petition the GSA to cease eminent domain activities or efforts . And that was on the Mackay Avenue Strip and to establish a City Council, East Bay Regional Parks District Board Liaison Committee, patterned after the Liaison Committee that once upon a time we had with the school district. We had with the AC Transit Board and to use that to help establish a good working relationship between this park district and the city of Alameda. And I think there's some key deliverables that I mentioned that are not feasible with timelines. I understand that. And the idea is to get the the the meeting between the city manager and the general manager of the district to happen as soon as possible so that we can kick this off and and establish interests in order to accomplish the rest. All right. And we do have five speakers on this item. Unless you have clarifying questions, I'd like to call our speakers. CNN. The first speaker will be Richard Banker, then Irene Dieter and then Karen Lucas. Thank you, Madam Mayor and council member Matt Rossi for bringing this forward. There are certainly more than 3 minutes that any one person could speak on this issue. Briefly on the Crab Cove issue, I highly encourage you to draft a letter to the GSA to not only cease the eminent domain proceedings, but to accept the last offer of the park district for that land. And. They had a bona fide offer and. I could go on and on. But let's move on to Alameda Point. At the south eastern part of Albania point there's an area that is variously referred to as Triangle Park or Enterprise Park. It's about 22 acres. It was it was a park when the Navy left. It still looks like a park. The only upkeep there has been a contract with the soccer club, but for the most part, it's fallen into disrepair. The the base reuse plan specifically referred to that as a regional park. Back then it was referred to as Inner Harbor Park. But that. It's too confusing and was abandoned as a name, but nevertheless it was to be a regional park and it's now zoned open space. There's nothing else planned for that area. It should be a park. It was a park. It looks like a park. It has a bay trail next to it has a beach. There's a boat launch right adjacent to it. City is currently has an application, a grant application to resurface the whole parking lot, completely redo the inside out boat ramp. It would be a marvelous area to have as a park. But here's one thing that hasn't been considered. It's not just the money that the Park District has. They also have money for operations. And there's a bond measure, a tax bond measure that funds operations that actually still has money in it right now, that they that is being used gradually drawn down just to pay for the periodic maintenance of the Bay Trail. But that measure, Measure C is going to be renewed next year. If that park was in the hands of the Park District, well, maybe that line item would have a bigger number on it next time. Because as good as our own recreation park department is, they do not have access to a funding stream from two counties. So that's one thing. No matter how well our rec and park director writes a grant, it's not likely to come with ongoing operations money. So that would be another benefit to working closely and bringing this park on line. Thank you, Irene. Hello again. I am here to support the vice mayor's referral. I think it sends the right message to all the parties involved. First of all, it sends the right message to your constituents. Then to the Park District. Then to our legislators. And lastly, and most importantly. To the GSA. Also. I think that. This this liaison committee can work to achieve some goals that will be best for all of Alameda Point and Crab Cove. But we need to take an assertive role in getting legislative help. And it will be up to a liaison committee to find out exactly what kind of help the Park District needs. Also, a liaison committee can also ask the Park District on help for setting up a wetlands mitigation bank because because they've also done that and it will help us pursue park land opportunities out at Alameda Point, just as Richard Banger just said. So I don't think it would hurt at all. More information again. Won't hurt. And this one, there's no cost involved. It's just time and energy. And I cannot see a single downside into this proposal. So I encourage you all to pass this referral. Thank you. This, Lucas. Good evening. My name is Karen Lucas and I am a member of the Friends of Crown Beach, the group that gathered over 6000 signatures in support of the Crab Cove expansion. Thank you, Mr. Vice Mayor, for putting this item on the agenda. Hopefully our city can now work in harmony with the East Bay Regional Park District. We know that Alameda is strongly supported and we also know that the Park District has funds available for the development of the Neptune Point parcel adjacent to Crab Cove. However, the city manager has shown a strong bias against the Park District and should be recused from any participation in meetings with the district. And here are some examples of the bias that he has shown publicly. On July 15 last year during a council meeting, he used the words Neptune Pointe nonsense. Here's another example. After the Park District filed their lawsuit against the city to reverse the residential zoning at Neptune Pointe, in an interview with the San Francisco Chronicle Chronicle, the city manager called the Park District arrogant and out of control. Another example later in the Alameda Sun, he called the park district's lawsuit. Against the city to accomplish the park expansion. Expansion. It called it irresponsible and an arrogant disregard for tax dollars. I request that you appoint a person less biased to negotiate with the Park District. Thank you. Thank you. Our next speakers, Gretchen Lebow and Susan Gallimore in that order. Thank you. Mayor and council. I can't tell. You what a. Positive. Effort this. Is to bring. Forward a resolution to Crab Cove. I was in charge of the petition campaign and it was easiest job I ever had in my life because everybody wanted to see Crab Cove become part of Crown Beach. So I am here to support the resolution that Vice Mayor Morrissey brought forward and move it along. It's the right thing to do. You. Thank you. This is Susan Gallimore. I actually live right there at Crab Cove. And believe me, it's like the delight of my life living on a park like that. And I support the collaboration. Of course, I also would encourage you to consider Karen Lucas's comments. My my comment might be a little too in the weeds. I actually didn't come to speak on this issue, but since I live there, I thought I'd throw it in. We had the the parks gave us a map of how they would be reconfiguring it if if we went in that direction. And I gather that that's still the direction that they would go in. And the other thing that we also became very aware of, and those of us who live there know this already, is that Mackay's not a city street. It's there's another term for it. And I can't for the life of me think of it right now, but it's not maintained by the city. And. Right. What's the. Tube easement? Isn't it an easement thing. Yeah. And we discovered and I know because I live there, there's no sort of regular storm drainage and that kind of thing there. So it would be really great. I don't know if it remains an easement, but we really great if when we go into this process with them, they can also think about perhaps making it less muddy there during the winter. Thank you. Thank you. At this point, we have no other public comments on this item. So I would actually like to go back to Vice Mayor, is your referral. Did you have any comments? First of all, I want to thank everybody for continuing to care about this. There was a huge effort and I think the 6000 signatures gathered very quickly showed that they the people of Alameda, are very interested in making sure that this happens and it validates what happened in the election of 2008, where this project was part of the campaign for w w a I think with regard to the comments made about who represents the city and how the city is represented in the communications and the relationship with the East Bay Regional Park going forward. I think the liaison committee where the elected board met two elected board members and two elected council members is a good model for for managing that for or setting the tone, for setting the cooperation. And I have expectations that our management basically follows direction and represents the city well in a and a conciliatory, in a productive manner going forward. And. I, I think it's important that we show that this is a critical issue to this city because it they're not there's not more parkland that's available. There's few opportunities in spite of what we've heard. And we have to make the most of it. And we have a sister agency that, uh, we, we need to, to work well with because they have a stake in Alameda and we have a stake in Alameda. So I think that the liaison committee would be at least the council members would be up to managing that. And I think our city manager would be up to managing. Member comments. I'll start with member Odie. Thank you. Also, I want to thank the the vice mayor for bringing this referral. I think it's is time we turn the page on this. You know, by passing this referral, we'll turn the page here on the council and we'll turn the page with the city manager. And, you know, hopefully the community can get on board and also turn the page. Gretchen, I remember you're the one that got me to sign right there out in front of trader joe's. So. Hopefully I was an easy one to get signed. I do want to suggest, you know, maybe a couple friendly changes if the vice mayor is open to them. We have a lobbyist in Washington, don't we? Possibly engaging our lobbyists to help assist in this matter. I think. It'd be nice if we had some assistance from our federal representatives, our Congress members office. I can speak for the Assembly office and tell you that we would be willing to lend whatever help our office could could lend. And I spoke to our state senator's office, and they said once the lawsuit was resolved, they would be willing to assist in any way possible also. So I think if we can, you know, ask our state legislators and especially our federal, because this really is an issue that needs to be resolved with our our our federal government . Now, I think we need to get on this posthaste. And I think we do appreciate the support that Attorney General Kamala Harris gave to this this project and this effort. And I think all help is welcome. So I would accept that as a mission which broader to get the support and. And. Efforts on the other levels of government that are needed to clear the path to make this happen. Member Ashcraft. Thank you, Madam Mayor. I have a different take on this, this request. I have no problem working in harmony with our fellow agencies in the area. This agency, however, sued this city, and I do appreciate that we have a mostly new council. Only Councilmember Desai and I lived through the litigation in the closed sessions on the on the litigation. And what I can tell you now is, yes, the case was recently settled. So recent I put in my notes that the ink hardly seems to have dried on the settlement agreement. But that lawsuit caused this city in legal fees. Six figures, somewhere in the hundreds of thousands of dollars. That's money that comes out of our general fund. General fund that supports things like parks in Alameda. And we tried and I will give credit to Assemblymember Bond, his office, for stepping in and trying to help with the settlement . But even those good offices, I mean. It might have. Moved the ball. A little farther down the field, but it was a long, costly litigation. And and the Park District was paying legal fees to I know they're their law firm, a good law firm. They used an expensive law firm they use. So as far as supporting the the park district's land acquisition of out there at Crab Cove, I think the city has done its part. The city council, the last city council voted to approve the ordinance. It was a great community, grassroots effort. It was very impressive. We we saw that the you know, this is what the people wanted, that open space zoning, that open space zoning, you know, might need a variance, but that's for the Park District to deal with when they acquire the land. But we have downs on the property to open space, putting ourselves at risk of a lawsuit by the developer that had the option to purchase at the time. He has since withdrawn that, but at some point the Park District is going to have to pay something or convince the federal government to give them the land. But I will remind the council and everyone listening, this was never the city's land. We got sued for land we didn't own. We did the we approved the ordinance. It is now the open space. That's what the Park District asked us to do. And I also don't think that it's the city's role to tell the federal government how to proceed with regard to its own property. GSA and the East Bay Regional Parks District are both capable of fighting their own battles. The East Bay Regional Parks District. What it does best is parks in across this county and Contra Costa County. We are very fortunate to have the East Bay Regional Parks District as the steward of some wonderful land. They do happen to be, I believe, still the largest park district in the country. And they didn't get to be that way by being neophytes. They they know how to fight their battles. I think that as far as establishing a good working relationship with the city in the park district. I have no objection to that. But that road runs two ways, and I haven't seen any overtures or indication on the part of the Park District to reach out to the city of Alameda. And I do appreciate Mr. Banger its reference to the the park out at Alameda point and I've I've gone out and seen that and there are a number of opportunities for the city to work with the park district in the future in Alameda Point and on the main island. But right now, for me, the memory of that litigation, what it cost, the intransigence and the refusal to settle for the longest time really bothers me. So what I would like to see is what sort of reciprocal agreement, perhaps, or overture the vice mayor, who, by the way, I hold in the highest regard. We go back a long ways. And I talked to him about this ahead of time because I didn't want to blindside him. But I just feel that at this point there is too much that the city I mean, we've we've done I think we've done our part at some point. Bottom line, East Bay Regional Parks District needs to find a way to acquire that land from from the federal government who owns it. We can't keep doing their work for them. And so I cannot support this council referral. Amber Desai. Thank you. I just want to begin by, uh, referring to the land area that resident Richard Bangert referred to. That is on Alameda Point near Internal High School. I'm referring to that because in the mid 1990s, 1995, 1996. We, the city of Alameda, particularly the neighbors in that area, including myself, were incredibly concerned about a project that the East Bay Regional Parks was contemplating for that area. But in a short while, by 1996, 1997, you know, we had we came out with a great agreement with the East Bay Regional Parks at the time. And it became, in my mind, a model of how we can air out our concerns and join together and move forward. I think, you know, the situation that we had with Crab Cove certainly didn't reflect how we had worked in the mid 1990s. And so I see I see nothing wrong and a lot good. And the proposal that's being put before us and. Now. Through whatever mechanism, whether it's the liaison committee that's contemplated here or whether it's through the city manager meeting, the general manager that's also contemplated here. I'm sure we will be able to iron out any details, pro or con, that gets us back onto a positive working relationship. I do think that it is the role of the. Residents of city out of Alameda as well as their representatives I us to let others including state level persons as well as federal level persons the sentiments of the community. And so I think this is. I'm fine with this. I'm. As a referral matter. So I appreciate the referral. I appreciate the comments from the members of the Council as well as the members of our public. In regards to some. Sensitive issues that were raised this evening. And Mr. Russo, our city manager, is not here this evening. However, he is our city manager and. He is part of our team and we are working with him moving forward. I was elected to represent all our maidens and we are working together and I appreciate the comments that were raised and at this point moving forward. Given that also in regards to member Ashcroft's comments, there was a caveat that I want to add that the prior council did rezone the property to housing, which then, in my opinion, led to the litigation that opened the door. And so however moving and I appreciate that, but it's my turn to speak. So thank you. At this point. We all want what is best for our community, including the East Bay region as a whole. And East Bay Parks is part of that. And I personally have had conversations with representatives of East Bay Parks. I've also attended meetings with Sierra Club and we all appreciate the park and we will be working together in regards to this referral. And also I've spoken with state and federal representatives and we there was during litigation, I'm an attorney. We all know during litigation there are conversations that occur and positions that are taken and then we move forward and that's where we are now. And I would actually suggest that we invite East Bay Parks to an upcoming council meeting and they could update us on the status of their project and then we could add as appropriate , we could meet with them in some of these items in regards to litigation. We have council that I think is actually part of this conversation. But at that point, after we. Or should we invite them? I would like to invite these sparks, let them give them the opportunity to update the project. And then at that point, the staff and council recognizing that this is post litigation, take appropriate steps. And and and I truly do appreciate the the item being brought, the referral being brought forward by Vice Mayor and I too am a friend of Crown Beach. I am one of those people that did collect signatures to support our beach. And so that's my suggestion. If I'd like to go into motion, I like to make a motion to approve the council referral as we've amended it. Include outreach to others. Federal lobbyists. State. And the referral, as I understand, is to direct our current city manager to initiate this conversation. So could you read the. I'm sorry. Whomever is making the motion, isn't it? Who's making the motion? I was going to. So could you read it entirely then? Okay. Read the entire entire referral. The motion. Your motion a move adoption of the Council referral from the Vice Mayor to increase collaboration between the City of Alameda and the East Bay Regional Park District, including the amendments adding federal and state elected officials who enlist for help. Which. So this includes the part about we requested the city council direct the city manager to meet with the general manager of East Bay Regional Park. And correct as well. Is that what you're. I don't think we have to read the whole thing. So. But there were suggestions as written. All right. Thank you. Do we have a second? I don't make motions here. We have a second. I'm going to second it with a note that the last line that talks about a February 2015 is adjusted by staff so that we can meet the notice requirements and the preparation time. If you could give us a time when that might be. Now if you can't. Well. You could inform us at some point. Sure. And I certainly can't do it now. So I'd like to recommend a path for updating you. I don't want to assume that we won't. Have seven council. Referrals every meeting. But in order to get a timely update, I think what we do is we'll get the referrals that passed tonight and will bring back updates on on when to expect reports to come back to the Council. At the City Manager Communication. So we can do it quickly. So now we have a. Second. Motion and a second. Now we can have discussion before I call the vote. Any comments before Parliament? I just want to make one comment. Yes. This is a chance to to lead this effort, because if it if it is not led, it's going to languish. And I think because that part of of our park system, even though it's not under control, is so important and future parks depend on it. I think we have to lead. That's number one. And this is not a new method and it's very effective. The the liaison committee where this the manager of both operate organizations of. And I'll go back to the school district council liaison committee was the city manager to members of council, the school superintendent two members of the school board. And that group was initiated at a time when the city and the school district are fighting each other and communicating via their posted letters from here to there and back over Bayport. And I don't know if people remember that there was a big fight over over that.