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Recommendation to Approve Amy Wooldridge, Assistant City Manager, and Michael Roush, Special Counsel to the City Attorney’s Office, as Real Property Negotiators for Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), known as Submerged Properties Adjacent to the Fernside Boulevard Public Access Pathways. (Recreation 10051400)
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To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
Staff is recommending that City Council designate Amy Wooldridge, Assistant City Manager and Michael Roush, Special Counsel to the City Attorney’s Office, as the real property negotiators for the sale for Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), generally known as the submerged properties adjacent to the three Fernside Boulevard public access pathways, which will allow them to meet with City Council in closed session to discuss price and terms related to sale of the premises in a manner compliant with all applicable laws and to represent the City of Alameda (City) in negotiations with a public or private party.
BACKGROUND
In 2015 and 2016, City Council approved actions to complete a real estate transaction whereby the U.S. Army Corps of Engineers (“Army Corps”) transferred, at no cost, the Alameda side of the Oakland Inner Harbor Tidal Canal (“Tidal Canal”) to the City and the City then sold most of the parcels to adjacent private property owners, maintaining ownership of the center open water parcel.
During this process, City Council did not create parcels adjacent to the three public access pathways, which are existing pathways that provide access from Fernside Boulevard to the shoreline. As a result, the two property owners on each side of the three pathways, six property owners in total, did not have the opportunity to acquire the water areas behind their homes.
In 2022, City Council approved the Final Map for Tract 8570 which subdivides the City-owned Open Water Parcel into seven parcels, and includes one large open water parcel and six small submerged parcels adjacent to the three pathways.
DISCUSSION
Under Government Code Section 54956.8, Title 5, Division 2, Part 1, Chapter 9, City Council must identify, in an open and public session, the real property negotiators for negotiation of the price and terms concerning real property, such as the Premises. Staff is recommending that City Council approve Amy Wooldridge, Assistant City Manager and Michael Roush, Special Counsel to the City Attorney’s Office as the real property negotiators for the sale for the premises, which will allow them to meet with City Council in closed session to discuss price and terms for this property in a manner compliant with all applicable laws and to represent the City in negotiations with a public or private party.
ALTERNATIVES
• Approve Amy Wooldridge, Assistant City Manager and Michael Roush, Special Counsel to the City Attorney’s Office as real property negotiators for the Premises.
• Identify other staff as negotiators.
• Choose not to negotiate terms related to sale of the premises, and thus do not identify negotiators.
FINANCIAL IMPACT
There is no financial impact from the approval of real property negotiators.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code. This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Approve Amy Wooldridge, Assistant City Manager and Michael Roush, Special Counsel to the City Attorney’s Office as the real property negotiators for sale of the premises located at Tract 8570 (Lots 2, 3, 4, 5, 6, and 7), known as submerged properties adjacent to the Fernside Boulevard public access pathways.
Respectfully submitted,
Amy Wooldridge, Assistant City Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director