To: Board of Supervisors
From: General Services and County Counsel
Meeting Date: July 25, 2023
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Department Contact: |
Janelle Rau |
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707-234-6050 |
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Department Contact: |
Matthew Kiedrowski |
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707-234-6885 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of a Resolution of the Intent to Abandon the Real Property Known as the Mariposa Swimming Hole (APN 107-280-45) and Set a Public Hearing for September 26, 2023; and Adoption of a Resolution Declaring Real Property Known as the Mariposa Swimming Hole (APN 107-280-45) as Non-Exempt Surplus Land, Directing Staff to Prepare and Submit a Notice of Availability and Authorizing the Purchasing Agent or Designee to Comply with the Surplus Land Act
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Recommended Action/Motion:
recommendation
Adopt Resolution of the intent to abandon the real property known as the Mariposa Swimming Hole (APN 107-280-45), and set a public hearing for September 26, 2023; and Adopt Resolution declaring real property known as the Mariposa Swimming Hole (APN 107-280-45) as non-exempt surplus land, directing staff to prepare and submit a notice of availability and authorizing the Purchasing Agent or designee to comply with the Surplus Land Act; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
The Board of Supervisors provided direction to staff at the April 11, 2023, meeting to pursue the public surplus/sale of County’s owned real property known as Mariposa Swimming Hole.
Summary of Request:
On October 31, 1974, certain individuals executed a quitclaim deed, transferring to the County the property that is now known as the Mariposa Swimming Hole. This land was part of the Mountain River Subdivision (located on Fisher Lake Road). The hole had been used for years for swimming by local residents since the County had improved the road over Mariposa Creek, which allowed the hole to develop. The quitclaim deed contains a condition that the premises be “kept open to the public for the purposes of free swimming, free wading and related free recreational uses, in a clean, safe and sanitary manner and in compliance with all laws and governmental regulations applicable thereto, and that all reasonable precautions are taken to ensure that no firearms or open fires are permitted on said premises.” The deed was recorded in February of 1975. Note that under the Civil Code Section 885.030, any ability to enforce this restriction would have expired in 2005.
The County ownership includes only the swimming hole and the immediate land surrounding it. In order to deter unsafe diving, the County erected a fence along the road and posted signs.
On March 15, 2022, the Board of Supervisors was presented with Phase II of the Parks Needs Assessment. Included in the report were several health and safety hazards that pose significant liability and a maintenance burden on the County. The parcel, which is undeveloped, has inadequate parking, accesses to the hole are steep, eroding, and dangerous, is shallow and rocky in some areas, and water access without any supervision makes the swimming hole a liability concern. In order to prevent future liability, the Board of Supervisors gave direction at the April 11, 2023 meeting for the Chief Executive Officer to work with staff to sell or surplus Mariposa Park.
In 1959, California enacted the County Park Abandonment Law of 1959 (California Government Code Sections 25580-25588). Section 25581 provides that a board of supervisors may abandon all or any portion of a part dedicated to the county for park purposes or acquired by the county by deed limiting its use to park purposes, and may sell the land comprising it or use the land for other county purposes, if the county finds that the portion being abandoned is not being used by the public for park purposes and that the portion being abandoned is not appropriate, convenient or necessary for park purposes.
Given the specific recreational purposes listed in the deed, staff believes the Law applies to any disposal of the Mariposa Swimming Hole. The undeveloped nature of the parcel and its limited size place severe limitations on the use of the parcel by the public, and mean that the parcel is not appropriate, convenient or necessary for park purposes.
The park abandonment process requires that your Board first pass a Resolution of Intent (Exhibit 2), and then, at least 60 days later, conduct a public hearing to adopt a Resolution of Abandonment. Both resolutions must be adopted by unanimous votes. During the 60-day period, General Services Agency staff will comply with all posting and public notice requirements mandated by the County Park Abandonment Law. Staff has reserved time at the September 26, 2023, meeting of the Board of Supervisors for the required hearing.
In conjunction with the process for abandoning the Mariposa Swimming Hole, staff has prepared a second resolution (Exhibit 3) for the Board’s consideration, declaring the land as non-exempt surplus land under the Surplus Land Act.
Surplus land is defined in Government Code Section 54220 et seq. (Surplus Land Act) as land owned by any agency of the state, or any local agency, that is determined to be no longer necessary for the agency’s use, except property that is being held by the agency for the purposes of exchange. The County is required to make a declaration of the property that it considers to be “surplus”, i.e., in excess of its foreseeable needs. The Surplus Land Act requires that prior to the disposal of any surplus land where an exemption does not apply, the County must issue a Notice of Availability (“NOA”) to, among others, affordable housing developers. If any entity submits a qualified Notice of Interest within sixty (60) days of issuance of the NOA, the local agency must negotiate in good faith for at least ninety (90) days with any such submitting entities pursuing any alternative disposition Subsequent to the noticing period(s), and if there are no offers received by public agencies, the Purchasing Agent or Designee will entertain offers to purchase submitted by other entities.
In adopting the proposed resolution, the Board would authorize the beginning of the disposition process of the Mariposa Swimming Hole, which would be subject to the completion of the abandonment of the parcel pursuant to the Park Abandonment Act.
Alternative Action/Motion:
Do not adopt resolutions and do not set public hearing and provide alternative direction to staff.
Does This Item Support the General Plan? No
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: District 1
vote requirement: Unanimous
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Darcie Antle, CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: July 25, 2023 |
Executed Item Type: Resolution Number: 23-136 Executed Item Type: Resolution Number: 23-137 |
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