June 21, 2022
Mayor's Office
DATE: June 21, 2022
TO: Members of the City Council
FROM:
Mayor Tom Butt
Subject:
Disposition of Open Space at Point Molate
FINANCIAL IMPACT: This should have a positive but unquantified impact on the Richmond General Fund, potentially relieving the City from substantial costs of maintenance and security as
well as risks of liability.
PREVIOUS COUNCIL
ACTION:
Adoption of Settlement Agreement with Upstream and
the Tribe
STATEMENT OF THE
ISSUE:
The Settlement Agreement (Amended Judgment)
ordered the sale of “Development Areas” constituting 30 percent of the land area of Point Molate. The Judgment
states, “Development Areas” shall mean the four
development areas shown on Figure 6, Land Use Areas,
Point Molate Reuse Plan (attached as Exhibit A) or any
parcel subsequently designated or subdivided from those four Development Areas subject to the provisions of
Paragraph 20,” which states, “The Discretionary City
Approvals may adjust lot lines as allowed and analyzed
under the Certified EIR, or otherwise to allow for
construction of the residential units on different portions of the Property than is set forth in the Point Molate Reuse Plan and may allow for more than 670 residential units
and non-residential use, insofar as this is consistent with the overall open space preservation goals of the Point
Molate Reuse Plan.”
AGENDA
REPORT
June 21, 2022
The Settlement Agreement (Amended Judgment) is silent
on the disposition of the 70 percent open space, leaving it to the discretion of the City Council.
The DA and DDA rejected by the City Council included
substantial obligations by the developer to improve and maintain the open space, but with the DA and DDA no
longer in effect, the future of the open space is in limbo. It remains inaccessible to the public for the foreseeable
future, with the exception of Point Molate Park, and
places the City under a substantial financial burden to secure and maintain it.
The City should initiate the process of determining if
there is a public or nonprofit entity willing to accept conveyance of the open space and make a commitment
to open it for public use, manage it and maintain it at no cost to the City of Richmond. At least three entities have expressed such interest (1) East Bay Regional Parks
District, (2) John Muir Land Trust and (3) Trust for Public Land.
RECOMMENDED ACTION:
DIRECT staff to prepare a Request for Proposal (RFP) to be circulated as widely as possible soliciting proposals to manage the Point Molate Open Space for public use. The
RFP should include solicitation of proposals for an
operations plan, funding, implementation schedule, and
other details essential for the City Council to make a
selection of the best proposal. The RFP shall be
released no later than August 1, 2022, with proposals
due no later than September 15, 2022 – Mayor’s Office
(Mayor Tom Butt 510-620-6503).
DOCUMENTS ATTACHED:
Attachment 1 - Amended Judgment