Discontinued Use of a Portion of Veteran's Park

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CITY OF COLTON AGENDA REPORT For the Council Meeting of June 5, 2001 TO: Honorable Mayor & City Council FROM: Ronald C. Kenny, Director of Parks, Recreation & Family Services SUBJECT: Approval and Adoption of Resolution Initiating the Discontinued Use of a Portion of Veteran's Park in Exchange for Adjacent Private Property and set Public Hearing for 7/17/01 DATE: May 21, 2001 BACKGROUND: A proposed parkland exchange with FHJ General Partnership, Cutting Edge Supply, Inc and the City of Colton has been proposed. The parkland in question is located at Veteran's Park, while the proposed private property to be exchanged is adjacent to the park with frontage on to Congress Street. The park property is currently used as a parking lot. With approval, the private property would become the new parking area. DISCUSSION/ANALYSIS: The City proposes to convey approximately 18,000 square feet of parkland in exchange for approximately 40,000 square feet of private property that abuts Veteran's Park. The California Government Code Section 38440 et seq. sets forth a procedure that allows the City to discontinue or abandon the use of any City park and to dispose of such land. These procedures generally require that the question of discontinuance and abandonment of the use of parkland be submitted to the City voters at a special election. However, Government Code Section 38441, which contains an important exception to this rule, provides that the City may convey a minor portion of a park in exchange for an equal or greater area or value of privately owned land contiguous to the park. Although the term "minor" is not defined in those sections, 18,000 square feet can be considered minor when compared to the size of the park and the area of land that will be exchanged with the adjacent property owner. As such, the City can transfer that portion of Veteran's Park property, without going to the voters, after discontinuing or abandoning the use of the property in accordance with set procedures. Those procedures include the City Council adopting the attached resolution initiating the proceedings and setting a public hearing not less than 30 nor more than 60 days after the adoption of the resolution. At least 20 days before the hearing date the resolution must be published twice in a daily or weekly newspaper published or circulated in the City. At least three notices of the adoption of the resolution must be posted along the exterior boundary of the proposed discontinued park property. FINANCIAL IMPACT: The private property owner will demolish all standing structures and rough grade the property at his expense. The City would be responsible for developing a parking lot on the site at a time to be determined. It is estimated that City improvements could cost approximately $100,000. A funding source for this project has yet to be determined. Item #14