Title
Recommendation to Authorize the City Manager to Execute the Easement Amendments for the Pathway Located Between 3227 and 3329 Fernside Boulevard and the Pathway Located Between 3267 and 3301 Fernside Boulevard, Substantially in the Form of Exhibits 1 and 2. (Recreation 10051400)
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 considered information, constraints, and recreational options for the pathways. Following a community input process, the City Council provided direction for each of the pathways, which included updating the easements for the two pathways located between 3227 - 3329 Fernside Boulevard (Pathway A) and 3267 - 3301 Fernside Boulevard (Pathway B).
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 completed in August 2018 and can be downloaded at www.alamedaca.gov/pathways <http://www.alamedaca.gov/pathways>. A public engagement process was then conducted for input on the Feasibility Study and recreational options for each of the pathways.
The City has easements over a portion of Pathway A and Pathway B based on the original development map entitled “Waterside Terrace” that was filed August 30, 1912.
On October 1, 2019, the City Council approved updating the City’s easements for Pathways A and B to maintain the public access along a 10 foot wide path from Fernside Boulevard that opens into a funnel shape ending at the water’s edge. The City Council approval stipulated that the width at the water’s edge is 35 feet for Pathway A and 18 feet for Pathway B.
Staff anticipates presenting to City Council later this year the documents for the two pathways on Eastshore Drive as well as the submerged water parcel transfer for the six Fernside Boulevard residents living adjacent to the three pathways. The submerged water parcels were already transferred to all other neighbors in this area during the Tidal Canal transfer project. Once all of the legal documents are completed for the land portion of the pathways, staff will begin the pathway design process.
DISCUSSION
The proposed Easement Amendments provide clarification of the actual surveyed boundaries of the existing easements and clarify the responsibilities of the property owners and the City. The Easement Amendments clarify that the existing easements are perpetual non-exclusive easements, allowing this land to be used as public pedestrian pathways and view corridors from Fernside Boulevard to the shoreline. The Easement Amendments also specify the following rights and responsibilities of the City:
• The City’s right to construct improvements within the easements for the public’s safety and access to the shoreline.
• The City’s responsibility to maintain the pathways and areas within the easements.
• The City’s responsibility for liability for personal injury or property damage arising from use by the public or City staff or contractors.
• The City’s right to access the pathways for emergency access.
Additionally, the Easement Amendment for Pathway B specifies that the property owners at 3267 and 3301 Fernside Boulevard may store their garbage, recycling and compost bins within the Easement as long as they do not obstruct or impede public access. These property owners do not have other easily accessible locations for these bins. The Easement Amendment for Pathway B also allows the property owner at 3301 Fernside Boulevard to continue to use Pathway B to access their private driveway and garage given that this is the only means of access to the garage.
ALTERNATIVES
• To authorize the Easement Amendments for Pathway A and Pathway B; or
• To not authorize the above referenced document for Pathway A and/or Pathway B. This will keep the pathway’s existing easement status in place which does not provide clear delineation of responsibilities and liability.
FINANCIAL IMPACT
There is no significant financial impact to the City from authorizing the City Manager to execute the Easement Amendments for Pathway A and Pathway B. The landscape maintenance of these pathways is already included in the Public Works Department’s landscape contractual services budget.
Additionally, the design and improvement of the pathways will require financial contributions from the City that would be subject to future City Council appropriations approval. There is funding available from the submerged water parcel sales for the design, basic improvements for public safety and a portion of the final pathway improvements.
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 Easement Amendments for the pathway located between 3227 and 3329 Fernside Boulevard and the pathway located between 3267 and 3301 Fernside Boulevard, substantially in the form of Exhibits 1 and 2.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Recreation and Parks Director for the City Council to approve the execution of the easement amendments.
Respectfully submitted,
Amy Wooldridge, Recreation and Parks Director
Financial Impact section reviewed,
Annie To, Finance Director
Exhibits:
1. Easement Amendment for Pathway A
2. Easement Amendment for Pathway B
cc: Eric Levitt, City Manager