Title
Introduction of Ordinance Authorizing (1) the Transfer of 0.65 Acres to the Alameda Unified School District (AUSD), (2) the Conveyance of an Easement to AUSD for Parking and Access Purposes, (3) the Acceptance of an Easement from AUSD for Parking and Access Purposes, and (4) the City Manager to Execute All Necessary Documents in Connection Therewith to Facilitate the Renovation and Rebuild of Wood Middle School.
These actions are categorically exempt from further environmental review under the California Environmental Quality Act (CEQA). CEQA Guidelines, Section 15305 (Minor Alterations in Land Use Limitations). (City Manager and City Attorney 10023040) [Continued from November 21, 2023; public comment was called and is closed]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager and Yibin Shen, City Attorney
EXECUTIVE SUMMARY
The Alameda Unified School District (AUSD) intends to renovate and rebuild Wood Middle School, which is located adjacent to Rittler Park (Park). The design includes a parking lot and access off Otis Drive that connects through to Grand Street. This parking lot would jointly serve the Rittler Park athletic field users and Wood Middle School (School). To accomplish construction of the driveway off Grand Street and a portion of the school buildings, AUSD requested the City to transfer approximately 0.65 acres of property that the City owns at the southeast corner of Otis Drive and Grand Street. The property lines for the AUSD property and the City property do not follow the boundary of the School and the Park that have been in place since the original construction of each in the 1960’s. Therefore, the requested property to be transferred from the City to AUSD is adjacent to, but is not and never has been, part of Rittler Park. This transfer of 0.65 acres to AUSD will not impact the use of Rittler Park as the area to be transferred has been exclusively used by AUSD since the School and the Park were originally constructed. On Exhibit 1, the property to be transferred is shown in orange.
In addition, to construct the parking lot to serve the Park and the School, AUSD requested that the City grant an easement on a portion of the Rittler Park property. AUSD would likewise grant the City a reciprocal easement on a portion of its property so that the entire easement area would include the full parking lot which is approximately 21,000 square feet with a traffic circle at the end of the easement. On Exhibit 1, the darker yellow area is the area owned by AUSD with an easement for the City and the lighter yellow area is owned by the City with an easement for AUSD, both of which are required for public use of the parking lot. This easement on the Rittler Park area will not impact its use and the combination of the reciprocal easements will provide dedicated parking for the park users, who currently park on City streets. This provides improved public access for Rittler Park users and improved conditions for adjacent neighbors. Easement related documents will include AUSD’s responsibility to design, construct and maintain the parking lot.
City and AUSD staff presented this proposed arrangement to the publicly noticed meeting of the Subcommittee of the City of Alameda and AUSD School Board on September 28, 2023.
BACKGROUND
In 1959, the City acquired from AUSD property located at the southeast corner of Otis Drive and Grand Street. This property is 208,748 square feet, 4.79 acres. In 1963, on most of the property (180,230 square feet, 4.14 acres) the City developed Rittler Park. The remainder (0.65 acres) was not developed as a park and inadvertently, was developed in 1965 and subsequently maintained by AUSD as part of the Wood Middle School campus. For example, the area between the park’s use and the School’s use is fenced and some school facilities are located on the City property.
AUSD intends to renovate Wood Middle School and, as part of that renovation, build a driveway off Grand Street and create a parking lot from Otis Drive that would serve the school, park and potentially the future AUSD sports complex on the old Lum Elementary School campus.
In order to construct the drive through and a portion of the Wood Middle School campus buildings and newly oriented front plaza area, AUSD has requested the City to transfer to AUSD in fee the 0.65-acre portion of the City property that is not, and never has been, used for park purposes. It has also requested that the City grant AUSD an easement on a portion of the park property on which the access from Otis Drive and the parking area would be constructed (about 21,000 square feet). This is an area that is not utilized at Rittler Park as part of the baseball or soccer fields or their viewing areas. In order to keep the size of the City’s easement to a minimum, AUSD is constructing the parking lot as far into the old Lum Elementary school campus as is feasible and therefore would likewise grant the City an easement on a portion of its property (about 15,000 square feet) in order to provide the City and its park users with full public use of the parking lot. Together, this easement would be approximately 460 feet in length and 70 feet wide, with the traffic circle at the termination of the easement.
Public Works’ City Engineer reviewed these proposed improvements in context of traffic and safety concerns and is in accord with the proposal. Public Works and Transportation staff continue to meet with AUSD staff and its design and traffic consultants to finalize a student drop off/pick up plan that best meets both the needs of the students and the overall City street circulation and safety.
City and AUSD staff presented this proposed arrangement to the publicly noticed meeting of the Subcommittee of the City of Alameda and AUSD School Board on September 28, 2023.
DISCUSSION
City’s Transfer of 0.65 Acres to AUSD
The City’s transfer of 0.65 acres (28,428 square feet) of its property will have no impact on Rittler Park. As stated above, the property to be transferred is not, and never has been, part of the Park and therefore Section 22-12 of the Charter that limits the City’s transfer of park property is not applicable. The City does not need this property and, starting in 1965 and over time, AUSD developed, maintained and fenced the property. Moreover, this transfer of the property is exempt from the Surplus Lands Act because it involves a transfer of property from one local agency to another and therefore the property transferred is “exempt surplus land”. Government Code, Section 54221 (f)(1)(D). Finally, the City is not considered a “subdivider” under the State Subdivision Map Act and therefore the City may transfer a portion of its property without filing a parcel map or otherwise complying with the Subdivision Map Act. Council action tonight includes authorizing the City Manager to sign documents, such as a Quitclaim Deed to AUSD, once those documents have been approved in final form by the City Attorney.
Reciprocal Easements Between the City and AUSD
Because the easement property from the City to AUSD would be on park property, the City’s grant of such easement must comply with Section 22-12 of the Charter. That section provides that selling or alienating public parkland is prohibited absent voter approval, subject to two exceptions: the City may lease or grant concessions or privileges in public parks or any portion thereof or grant permits, licenses or easements for street, utility, or any other purposes in public parks. The City Attorneys’ Office has opined these exceptions should be narrowly construed to authorize uses that either support/relate to recreational/park purposes or otherwise be minimally intrusive and necessary, in order to effectuate the voters’ intent to protect and preserve parkland.
The easement here falls within the exception because the easement to AUSD, in conjunction with the easement that AUSD will grant to the City, will be used for public parking and additional access for Rittler Park. Easement related documents will include AUSD’s obligations as to design, construction and maintenance of the parking lot.
City Council will also need to accept from AUSD its easement to the City. As stated above, the combination of these reciprocal easements will result in an access and parking area about 460 feet in length and 70 feet wide, with the traffic circle at the terminus of the easements.
To carry out these reciprocal easements and to identify duties and responsibilities associated with them, staff will prepare easement related documents. As stated above, Council action will include authorizing the City Manager to sign such documents when in final form as approved by the City Attorney. In addition, the precise area along Otis Drive and the precise legal descriptions of the reciprocal easements continue to be finalized as the detailed designs are completed and include input from the City’s Public Works and Transportation staff, as appropriate in relationship to the parking lot, driveway and traffic circulation. However, there is consensus between City and AUSD staff that the easement locations as generally depicted in Exhibit 1 are accurate. Once there is agreement as to the precise legal descriptions of these easements, they will be attached to the easement related documents and recorded.
Finally, as seen on Exhibit 1, a small portion of a pathway that serves Rittler Park, just east of Grand Avenue, lies within AUSD’s property. This area is shown as purple on Exhibit 1. If, as is likely, that pathway is disturbed during the renovation of Wood School or the construction of the access from Grand Street, AUSD will rebuild the pathway so there will be continued pedestrian and maintenance access from Grand Street to the Park.
ALTERNATIVES
• Introduce the attached Ordinance.
• Do not introduce the attached Ordinance and provide direction to staff concerning these transactions.
FINANCIAL IMPACT
There is no financial impact to the City concerning these transactions. AUSD will be responsible for all of design, construction and ongoing maintenance costs associated with the easement.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is in conformance with the Alameda Municipal Code and all policy documents. The granting of the easement on a small portion of Rittler Park is consistent with Charter section 22-12.
ENVIRONMENTAL REVIEW
The recommended actions are categorically exempt from further environmental review under CEQA. CEQA Guidelines, Class 5, Minor Alterations in Land Use Limitations, Section 15305.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Introducing an ordinance authorizing (1) the transfer of 0.65 acres to AUSD, (2) the conveyance of an easement to the AUSD for parking and access purposes, (3) the acceptance of an easement from the AUSD for parking and access purposes, and (4) the City Manager to execute all necessary documents in connection therewith to facilitate the renovation and rebuild of Wood Middle School.
Respectfully submitted,
Michael Roush, Special Counsel
Amy Wooldridge, Assistant City Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Area Map Depicting Easement and Transfer Areas