(December 13, 2001) -- In an embarrassing turn of events for LB City Hall, the U.S. Department of the Interior's National Park Service has said it won't approve City Hall's plan to "replace" 2.5 acres of Scherer Park land with now polluted land on 55th Way unless City Hall conducts a federal environmental review and provides appraisals for both parcels meeting professional standards.

The federal agency's position, conveyed to LB City Hall staff by letter late last month, has not been publicly reported to the City Council although it could delay construction of an expanded NLB police facility.

The November 26 National Park Service letter to CA's Dept. of Parks and Recreation, on which an LB city staffer is cc'd, also indicates the federal agency told LB City Hall that the appraisals were required in May, 1998.

The National Park Service letter says in pertinent part:

"Approval for a 12-month delay to complete development of the 55th Way replacement site after construction has commenced at Scherer Park will not be considered until after all appraisal and environmental documents are received, reviewed and approved. NPS [Nat'l Park Service] cannot approve the conversion request until these documents are evaluated."

LBReport.com has obtained the letter and posts its verbatim text, below.

During Council proceedings on the NLB police facility, City Hall downplayed concerns by park advocates that the appraisals and federal environmental review were needed.

Reacting to the development, Gigi Fast Elk Bannister, president of STOP (Stop Taking Our Parks) told LBReport.com, "I testified at the City Council that this fell within federal purview. We tried to warn them. They didn't listen. Now they'll have to."

Amy Bodek, City Hall's Project Manager for expansion of the NLB police facility, told LBReport.com she had no comment on the National Park Service letter. Asked whether the federal requirements might cause delays in the project, Ms. Bodek indicated the city expects to proceed with the project and meet its procedural requirements.

The issue has arisen because City Hall has previously used federal taxpayer money at Scherer Park. (The funds are distributed by the CA Dept. of Parks, which plays an intermediary role). By taking the federal money, City Hall triggered federal legal requirements which, among other things, require that if Scherer Park land is used for non park purposes, it must be replaced for taxpayers with new, equivalent park land.

The National Park Service decision follows a November 7 letter to the federal agency from the office of attorney Jan Chatten-Brown and Associates (which represents the LB based group STOP (Stop Taking Our Parks, led by Gigi "Fast Elk" Bannister). The Chatten-Brown office letter, previously reported by LBReport.com, urged the National Park Service to reject LB City Hall's request to convert the 2.5 acres of Scherer Park land to institutional (police) use.

The National Park Service letter stops short of doing this, but did require an environmental review under NEPA (a federal law):

"It is our understanding that this proposed replacement property [on 55th Way] is a Brownfield conversion from an old landfill and industrial site," the National Park Service wrote, adding the NEPA process will determine possible potential adverse impacts of the conversion action including any presence of hazardous materials and risk to human health or the environment, along with appropriate mitigation factors."

If the environmental review shows the proposed replacement property is suitable for conversion to park use, the National Park Service letter says it will then require more than City Hall's current evidence that the Scherer Park parcel being lost and the 55th Way replacement parcel are equivalent for park use.

The National Park Service is requiring City Hall to provide appraisals done to professional standards to ensure the parcels are equivalent in terms of park use before allowing the park land swap.

City Hall did an EIR under state law, which is now being challenged by STOP in court. Ms. Bannister told LBReport.com that City Hall might have avoided the second EIR if it had combined state and federal environmental reviews at the outset.

City staff and 8th district Councilman Rob Webb contended during Council proceedings that City Hall intends to replace Scherer Park land taken on a two for one basis. However, the resolution on which the Council voted only requires one for one replacement of Scherer Park land, the minimum required under federal law.