To: Board of Supervisors
From: General Services and County Counsel
Meeting Date: September 26, 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: Noticed Public Hearing |
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Time Allocated for Item: 30 Minutes |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action Including Adoption of Resolution of Abandonment of the Real Property Known as the Mariposa Swimming Hole (APN 107-280-45), Pursuant to the County Park Abandonment Law of 1959
(Sponsor: General Services Agency and County Counsel)
End
Recommended Action/Motion:
recommendation
Adopt Resolution of abandonment the real property known as the Mariposa Swimming Hole (APN 107-280-45) Pursuant to the County Park Abandonment Law of 1959; 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.
The Board of Supervisors adopted a resolution of the intent to abandon the real property known as Mariposa Swimming Hole on July 25, 2023. At the same meeting, the Board of Supervisors adopted a resolution declaring the property as non-exempt surplus land and authorized the Purchasing Agent to comply with the Surplus Land Act.
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.
Mariposa swimming hole has historically been referred to as an "access area". Operationally, the maintenance of the area was assigned to the General Services Agency since the mid 1980’s. 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. At some point in history prior to General Services oversight of the area, a fence was erected in order to provide a 'safety barrier" between the road and the steep slope hillside into the water hold. During summer months, the access area is dry as it is fed by a seasonal creek making it bare ground and not viable for swimming or any recreation. In 2017, the Redwood Complex Fire burned through the area further impacting the access area by burning trees, fencing and vegetation, resulting in exposed rebar and metals in the hillside from the former wooden stairs that led to the water hole. Additionally, subsequent to the 2017 fire, citizen complaints were received regarding the unsafe conditions associated with no longer having fencing along the roadway. The County erected a fence along a portion of the roadway in an attempt to mitigate safety hazards from the roadway and prevent access to the swimming hole via the steep slope. The County announced that the access area was closed and took measures to post signs and post notices on the County’s website and social media pages.
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. 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 the Board of Supervisors first pass a Resolution of Intent, which was adopted on July 25, 2023. Then, at least 60 days later, conduct a public hearing to adopt a Resolution of Abandonment. Both resolutions must be adopted by unanimous votes. General Services Agency staff have complied with all posting and public notice requirements mandated by the County Park Abandonment Law during the 60-day period.
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: September 26, 2023 |
Executed Item Type: Resolution Number: 23-166 |
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