Tom Butt
 
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  Senator Skinner Caught Flouting Legislative Open Records Act
September 21, 2022
 

After finding out that Senator Nancy Skinner secretly conspired with the East Bay Regional Parks District, Supervisor John Gioia and others to undermine an approved mixed-use development at Point Molate, a document request was made for pertinent documents from or to her or her staff related to Point Molate.

A request for such public records was responded to under the Legislative Open Records Act (LORA), enacted in 1975, which defines the public access to legislative records. Requests under LORA are handled exclusively by the chief administrative officer and/or the chief counsel of the Assembly Rules Committee. The enabling legislation, Government Code Section 9070-9080, states, “The Legislature finds and declares that access to information concerning the conduct of the people's business by the Legislature is a fundamental and necessary right of every citizen in this state.”

In this case, that right was breached. The response from the Senate was, “We have no documents responsive to your request.” At best, the response was simply a result of lack of effort. At worst, it was an illegal evasion of LORA. In any event, the access to public documents was completely thwarted.

Skinner not only conspired to undermine the project; she played a pivotal role in arranging a state budget appropriation of $36 million to purchase the development rights.

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Figure 1 - Letter from the secretary of the senate stating, "We have no records responsive to your request."
It is not clear where the records request broke down, but it is clear that it is broken.

A similar request to the East Bay Regional Parks District (EBRPD), however, revealed that, in fact, multiple emails to and from Senator Skinner’s Office had been at the center of the effort to acquire Point Molate for a park, which necessarily meant killing the plan to develop it as a mixed-use project.

Emails produced by EBRPD showed that from September of 2021 on, Senator Skinner’s Office became part of the plan to create a Point Molate regional park, with the senator’s Capitol Director Katarina Robinson becoming epicenter.


Figure 2 - Katerina Robinson, Capitol Director for Senator Nancy Skinner spearheaded the successful effort to undermine Point Molate development

On September 13, 2021, Erich Pfuehler of EBRPD emailed Katarina Robinson:

Your boss mentioned to our Director Elizabeth Echols the possibility of flagging funding in the state budget which could possibly be used at Point Molate.  The Senator suggested Elizabeth reach out to staff, which is the genesis of this email.  Please let us know if you might have some time to speak with Elizabeth and me.
On September 13, 2021, Pfuehler emailed Katarina:

Hope you are well and maybe getting a chance to be less hectic! Your boss mentioned to our Director Elizabeth Echols the possibility of flagging funding in the state budget which could possibly be used at Point Molate.  The Senator suggested Elizabeth reach out to staff, which is the genesis of this email.
On September 15, 2021, Erich Pfuehler emailed Katarina:

Elizabeth said Senator Skinner indicated there was money in the budget that passed this year/summer. She is also certainly interested in learning about prospective opportunities in the upcoming budget. Elizabeth is looking for money for the aquisition and preservation of Pt. Molate. As you correctly point out, it has significant local indigenous tribal history, environmental importance, and could help improve equitable access to parks and open space for under resourced communities of color. If we could set up a time for you and/or Joanne to speak with Elizabeth and me that would be great.
On September 15, 2021 Robinson emailed Erich Pfuehler of EBRPD:

Happy to speak with you. I am inviting Joanne as well since this is budget related. Did the Senator suggest this for next year’s budget? Or was she saying there was some money already in the budget  that passed at end of session that might be appropriate for this purpose? Would this money be for acquisition and preservation of Point Molate? This is the Richmond park with significant local indigenous tribal history, yes? Shell mounds, etc? Slated for development, but there was significant local pushback and now developer is open to selling? Want to make sure I’m thinking of the right property.

Pfuehler responded to Katarina via email on September 15, 2021:

Elizabeth said Senator Skinner indicated there was money in the budget that passed this year/summer.   She is also certainly interested in learning about prospective opportunities in the upcoming budget. Elizabeth is looking for money for the acquisition and preservation of Pt. Molate.  As you correctly point out, it has significant local indigenous tribal history, environmental importance, and could help improve equitable access to parks and open space for under resourced communities of color. 
On September 30, 2021, Katarina is still looking for money and emailed Erich Pfuehler:

I’m hoping I can just find you the appropriate funding pot for you guys to apply to. Joanne says there was not a direct allocation for Point Molate, but there was funding for local parks. Tracking down the program for you, stay tuned.
Meanwhile, Katarina Robinson continued to look for funding with little luck but was string to focus on funding in the 2022 budget. In a September 30, 2022, email, she wrote to Pfuehler add Echols:

I’m hoping I can just find you the appropriate funding pot for you guys to apply to. Joanne says there was not a direct allocation for Point Molate, but there was funding for local parks. Tracking down the program for you, stay tuned.
At the end of the day, Senator Skinner was successful, and she arranged a $36 million appropriation for the EBRPD to acquire Point Molate.

Supervisor John Gioia announced (“Governor Approves $36 Million for point Molate Acquisition and Clean Up”).

Thank you State Senator Nancy Skinner, Governor Gavin Newsom and East Bay Regional Park District Director Elizabeth Echols for supporting $36 million in the recently approved state budget for the East Bay Regional Park District to help our community achieve a regional park at Pt. Molate.

Both the park district's 1996 Master Plan and the Bay Conservation and Development Commission's San Francisco Bay Plan have called for a regional park at Pt. Molate for many years. This significant funding will leverage additional monies and bring us closer to this long-standing vision for a regional park for all Richmond and Bay Area residents.

East Bay voters approved Measure WW in 2008 by over 71% (and 75% in Richmond) which included funding for a shoreline park at Pt. Molate.

The state’s allocation of $36 million to the East Bay Regional Park District for Pt. Molate aligns with all of these actions.
In a Sierra Club articles, Pam Stello and David Helvarg wrote (“State Budget Includes $36 Million Dollar Commitment to a Regional Park at Point Molate”).

Among those who helped champion the funding for what could become Richmond and the East Bay’s crown jewel of public parks are our highly accomplished State Senator Nancy Skinner, East Bay Regional Park District Director for Richmond Elizabeth Echols, County Supervisor and BCDC Commissioner John Gioia, and Governor Gavin Newsom.
Copies of some of the emails to and from Senator Skinner’s Office are shown below.
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