Sausalito City Council holding out on disclosing details of failed property deal

A group of Sausalito citizens wants to know the details of closed-door deliberations leading to a failed bid on waterfront property in February. The group wants to know who voted to keep the deliberations secret and their reasons for doing so. -DB

Marin Independent Journal
May 23, 2009
By Mark Prado

A grassroots Sausalito group is circulating a petition asking the City Council to disclose closed-door deliberations regarding a failed attempt to buy a 16-acre waterfront parcel at a foreclosure sale in February.

The group Sausalito Environmental Action wants to know how the council deliberated on the issue before it made its bid, and how the council voted in deciding not to make the information available to the public. The group has gathered about 200 signatures and plans to gather 500 before submitting it to the council in June.

“The real crux of the matter is why the council voted to keep their reasoning and vote on the bid in secret,” said Carolyn Ford, who is helping lead the effort. “It’s wrong to keep this information secret. Why did they vote that way and what are they hiding?”

Mayor Jonathan Leone has met with the group to discuss its concerns.

“I’m all for transparency, I think it’s important, it was one of my campaign platforms,” said Leone, who said he plans to bring forward a policy to address disclosure. “I do not think it does harm to disclose this information after the fact. But the majority of the council voted not to disclose the information.”

City Attorney Mary Wagner said the council has the legal right to keep the information from the public.

“The council acted in accordance with the Brown Act,” she said, referring to the public meetings law that regulates access to meetings and deliberations of public bodies.

Peter Scheer, of the San Rafael-based California First Amendment Coalition, acknowledged the city may have a legal right to withhold the information, but questioned its position.

“While they had good reason to initially keep the information confidential – you don’t want your bid to be known to those you’re bidding against – the deal is now done. Elected officials have to stand up and be counted when they make a decision,” Scheer said. “If they don’t, they are in the wrong job.”

The Sausalito Marine Properties, also known as the Gossage property, near Dunphy Park, went to auction in February on the steps of San Rafael City Hall. The eight water-related properties could have allowed the city to expand a park, shield marina dwellers and protect native eelgrass if it had acquired the land.

But the only other bidder, Marin builder Dan Morgan, submitted the winning $4.14 million bid. The city capped its bid at $4.125 million.

It’s not known what use Morgan plans for the site.

The land’s previous owner, Eben Gossage, had proposed various developments for the site since 1999, including marinas with up to 290 berths, but those plans didn’t materialize. Of the eight lots in question, six are water lots and two contain land and water.

In 2003 the city negotiated deals to buy some of Gossage’s property for $1.7 million and had been attempting to buy additional property before the foreclosure sale.

Copyright 2009 Marin Independent Journal