01-17-2006 - Authorization to Send Written Offer Letters to Public Entities for Purchase of a Portion of Shadow Oak ParkTO: Andrew G. Pasmant, City Manager
and City Council
FROM: Christopher J. Chung,
Cormntuzity Development Commission Director
City of West Covina
Memorandum
AGENDA
ITEM NO. D — 6c
DATE: January 17 2006
SUBJECT: AUTHORIZATION TO SEND WRITTEN OFFER LETTERS TO PUBLIC
ENTITIES FOR THE PURCHASE OF A PORTION OF SHADOW OAK
PARK
RECOMMENDATION:
It is recommended that the City Council instruct staff to send written offer letters for the purchase of
the lower portion of Shadow Oak Park to the public entities required by Government Code § 54222.
DISCUSSION:
At the March 1, 2005 City Council meeting the City Council directed staff to prepare an Request
For Proposals (RFP) to possibly sell and develop approximately 10-acres of undeveloped land that
had been previously been identified by the City to be an extension of the Shadow Oak Park. The
City Council was informed that the City would be required to comply with the Government Code
regarding the abandonment of park property and the surplus property disposition requirements
should the City Council sell the site for development. At that time, the City Council was not
prepared to take action to abandon the property as public use, but instead instructed staff to release
an RFP to assess whether there was any interest from the development community to develop this
site.
City staff released the RFP out to perspective residential developers and advertised in local
newspapers. As a result of the RFP, the City received several proposals to develop the park based
on the criteria established by the City Council. The proposals received cover a variety of housing
options ranging from 22 single-family homes to 205 condominiums. Some of the proposals include
senior housing in their developments. In addition, the proposals include walking trails, picnic areas,
swimming pools, and significant improvements to Shadow Oak Park and Community Center.
Should the City Council wish to consider the sale of the site for any development, including those
already received, the City Council would need to first dispose of the undeveloped land under the
disposition of public surplus land (Government Code § 54222) and the Municipal Park
Abandonment Law of 1939 (Government Code § 35801).
Process of Disposing of Public Land
The City must meet the surplus property disposition requirements by sending written offer letters to
various public entities as follows:
1. A written offer to sell for the purpose of developing low- and moderate -income housing
shall be sent to any local public entity as defined in Section 50079 of the Health and Safety
Code, within whose jurisdiction the surplus land is located. Housing sponsors, as defined by
Section 50074 of the Health and Safety Code, shall, upon written request, be sent a written
offer to sell or lease surplus land for the purpose of developing low- and moderate -income
housing. All notices shall be sent by first-class mail and shall include the location and a
description of the property. With respect to any offer to purchase or lease pursuant to this
subdivision, priority shall be given to development of the land to provide affordable housing
for lower income elderly or disabled persons or households, and other lower income
households.
2. A written offer to sell for park and recreational purposes or open -space purposes shall be
sent:
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a. To any park or recreation department of any city within which the land may be
situated.
b. To any park or recreation department of the county within which the land is
situated.
c. To any regional park authority having jurisdiction within the area in which the
land is situated.
d. To the State Resources Agency or any agency which may succeed to its powers.
3. A written offer to sell the land suitable for school facilities construction or use by a school
district for open -space purposes shall be sent to any school district in whose jurisdiction the
land is located.
4. A written offer to sell for enterprise zone purposes any surplus property in any area
designated as an enterprise zone pursuant to Section 7073 shall be sent to the nonprofit
neighborhood enterprise association corporation in that zone.
5. A written offer to sell for the purpose of developing property located within an infill
opportunity zone designated pursuant to Section 65088.4 or within an area covered by a
transit village plan adopted pursuant to the Transit Village Development Planning Act of
1994, Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7
shall be sent to any county, city, city and county, community redevelopment agency, public
transportation agency, or housing authority within whose jurisdiction the surplus land is
located.
Public entities have sixty (60) days to notify the City in writing of their interest in purchasing the
land. In response to an agency's written notification to purchase the land, the City must enter into
good faith negotiations to determine a mutually agreeable price or lease terms. In the case of
multiple responses to purchase the site, because, this property has been dedicated for park purposes,
first priority must be given to an entity that agrees to use the site for park and recreational purposes.
Next priority must. be given to entities that agree to use the site for housing for persons of low and
moderate income.
While the City must offer the site to various public entities, and enter into good faith negotiations
with responding entities, there is no requirement that the must City sell the site to any of the entities
with which it enters into good faith negotiations.
Once the sixty (60) day period expires, City staff will present to the City Council all proposals,
public and private, for their consideration. Should the City Council wish to proceed with the sale of
the park for a housing development, it will be necessary for the City Council to complete the
process to abandon the parkland outlined below
Process of Abandoning Parkland
Once the City Council determines that they wish to sale the undeveloped property the City Council
must abandon undeveloped parkland:
1. The City must first adopt a resolution of intention calling for a hearing to be conducted, at
least thirty (30) days after the adoption of the resolution of intention, to discuss the
abandonment of the undeveloped land at Shadow Oak Park.
2. The City must then conduct a public hearing, at least thirty (30) days after the resolution of
intention was adopted, in which testimony is received on the potential abandonment of the
park.
In addition, since the sale of the site is a "project," the City would need to complete the necessary
requirements under the California Environmental Quality Act (CEQA) and the Planning
Commission must also report to the City Council that the disposition of the property is consistent
with the General Plan.
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OPTIONS:
The City Council has the following options:
1. Instruct staff to send written offer letters for the purchase of the lower portion of Shadow
Oak Park to the public entities required by Government Code § 54222;
2. Instruct staff to not send written offer letters for the purchase of the lower portion of Shadow
Oak Park to the public entities required by Government Code § 54222; or
3. Provide City staff with an alternative direction.
FISCAL IMPACT:
None.
Prepared by:
Chris Freeland
Assistant to the City Manager
Reviewed/Approved by:
Reviewed by:
M' e Lee
Assistant Community Development
Commission Director
Approved Via Telephone
Christoph J. Ch g Arnold M. Alvarez-Glasman
Community Developmen ommission Director City Attorney
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