Title
Recommendation to Authorize the City Manager to Execute the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights for the Pathway Located between 3335 and 3341 Fernside Boulevard. (Recreation 280)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
As part of the Tidal Canal transfer project in 2016, six public access pathways along Fernside Boulevard and Eastshore Drive were identified. A feasibility study of the six pathways was developed and following an extensive community input process, City Council provided direction for each of the pathways. This included vacating the easement and maintaining a view corridor for the pathway located between 3335 - 3341 Fernside Boulevard (Pathway C) as detailed in the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights.
BACKGROUND
As part of the Tidal Canal transfer, the City of Alameda (City), in cooperation with the U.S. Army Corps of Engineers, transferred 84 lots of submerged land to the adjacent residents. At that time, City Council directed staff to conduct a feasibility study on three public pathways along Fernside Boulevard, as well as three pathways on Eastshore Drive.
The Feasibility Study of Six Public Access Pathways on Fernside Boulevard and Eastshore Drive (Feasibility Study) was issued in August 2018 and can be downloaded at www.alamedaca.gov/pathways <http://www.alamedaca.gov/pathways>. An extensive public process was then conducted for input on the Feasibility Study and recreational options for each of the pathways.
On October 1, 2019, the City Council approved vacating the existing easement for the pathway located between 3335 and 3341 Fernside Boulevard (Pathway C) with direction to maintain a view corridor.
Staff anticipates presenting the documents for the other two pathways on Fernside Boulevard to the City Council before the summer (August) recess. The two pathways on Eastshore Drive will be presented to the City Council at a later date. Once all of the legal documents are completed, staff will begin the design process for the pathways.
DISCUSSION
The Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights for Pathway C will relinquish the City’s rights on this pathway and establish a View Corridor as shown in Exhibit 1. This View Corridor requires that no barriers or structures may be constructed or placed within the View Corridor but does allow for an open (non-solid) fence no taller than four feet and a maximum of two signs indicating it is not open for public use or access. The fence and sign must be approved by the City. Landscape may be planted in the View Corridor but is not to exceed a height of twelve inches.
It is stipulated that the City bears no obligation or responsibility to maintain, repair, or restore the pathways; however, the City does retain the right to access the pathway as needed, in particular for emergency vehicle access. Regarding liability, the City also has no obligation or responsibility for personal injury or property damage on Pathway C.
ALTERNATIVES
• To authorize the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights document for Pathway C; or
• To not authorize the above referenced document for Pathway C which will keep the pathway’s existing easement status in place including opening the pathway to the public and continuing the vehicular and pedestrian conflicts which were the basis for the original staff recommendation to vacate the easement for safety purposes.
FINANCIAL IMPACT
There is no financial impact from authorizing the City Manager to execute the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights document for the pathway located between 3335 - 3341 Fernside Boulevard.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, as it is a minor alteration of an existing facility involving negligible expansion of use. The proposed project is further exempt because it could be seen with certainty that the project would have no adverse significant effect on the environment.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the City Manager to execute the Relinquishment of Rights, Imposition of Restrictions and Reservations of Rights for the pathway located between 3335 - 3341 Fernside Boulevard.
CITY MANAGER RECOMMENDATION
The City Manager concurs with staff recommendation to relinquishment of Rights for the pathway located between 3335 - 3341 Fernside Boulevard.
Respectfully submitted,
Amy Wooldridge, Recreation and Parks Director
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. Relinquishment of Rights
cc: Eric Levitt, City Manager