HomeMy WebLinkAbout2012-02-28 City Council Agenda Item No. 11CITY OF i~
LADE tc7LSIA0
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: FEBRUARY 28, 2012
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DECLARING ITS INTENTION TO ABANDON PROPERTY
ACQUIRED FOR PURPOSES OF A PUBLIC PARK (APN: 371-270-005)
Background
The East Lake Specific Plan contemplates the development of three significant public
parks in connection with the Summerly Project. The attached map illustrates the
location of these park sites.
The three public parks sites are composed of a 24 acre regional park, a 6.7 acre park
site (partially within a joint-use retention basin and utility facility), and a 4.8 acre
neighborhood park site next to a proposed elementary school.
Beginning in 2007, City staff and representatives of the former developer began
discussing the concept of the developer providing a high amenity regional park on the
24 acre site. In exchange for these amenities, the developer would be relieved of its
obligation to make other public park improvements and the 4.8 acre neighborhood park
site would revert back to the developer.
The construction of housing units within the Summerly Project has reignited these
earlier discussions and the current Summerly Project developer, McMillin Summerly
LLC, has submitted a proposal to provide a high amenity, turn-key park on the 24 acre
park site. This proposal is consistent with the City's park implementation policies with a
preference for fully improved larger parks in lieu of small park site dedications with
minimal or no improvements
AGENDA ITEM NO. 11
Page 1 of 6
RESOLUTION DECLARING INTENTION TO ABANDON
February 28, 2012
Page 2
The most recent proposal available as of this writing provides for construction of a
baseball oriented "tournament ready" facility with four (4) lighted baseball fields,
concession/restroom facility, skate park and basketball court along with other related
amenities. City staff is currently working with the developer to finalize a definitive
concept park plan.
Additionally, the potential that the 4.8 acre site may be relinquished as a park site could
allow it to be combined with the adjacent parcel to provide for the possibility of an
expanded school site. McMillin and the Lake Elsinore Unified School District are
engaged in discussions evaluating this possibility. Those discussions are on-going and
a definitive agreement has not been reached. Accordingly, this information is provided
for background purposes only.
Discussion
Pursuant to the requirements of the Municipal Park Abandonment Law of 1939,
Government Code Sections 38501-38510, the City Council must set a public hearing
prior to determining whether or not to abandon any unused park site. This is an initial
step and does not constitute a final commitment by the City Council to abandon the site.
The public hearing must be held not sooner than 30 days following the City Council's
declaration of intention to abandon the park. Accordingly, the next date that the City
Council could formally consider whether or not to abandon the 4.8 acre park site at a
noticed public hearing would be the regular City Council meeting on April 10th.
Attached is a copy of the required resolution declaring an intention to abandon the 4.8
acre park site and setting a public hearing for April 10, 2012.
Fiscal Impact
There is no impact to the City General Fund.
Recommendation
Adopt a Resolution of the City Council of the City Of Lake Elsinore Declaring Its
Intention to Abandon Property Acquired for Purposes of a Public Park (APN: 371-270-
005).
Prepared by: Pat Kilroy, Director
Lake, Parks, and Recreation Department
Barbara Leibold
City Attorney/Agency Counsel
Page 2 of 6
RESOLUTION DECLARING INTENTION TO ABANDON
February 28, 2012
Page 3
Approved by: Robert A. Brady
City Manager
Attachments:
1. Park Site Map
2. Resolution
Page 3 of 6
~+-''weay1 )h-i /_x_S F] / I1I.~1-a ( yr ~ Fy F> j ( \
1 Perk &T6 r C 'fe
l 1' ~ may--~ ~ ' 3 ,
Neighbor 8
a 4 Acre Park
Golf d
\ t f 2 \ i/
l 1 , /
\ !7r -~1~ ~ SchooXte
\ \ ! I ~\3 lam- 'i
6 Nell
o a
Active Open Space Natural Open Space
1 Mufti-Use Park 6 Open Space Buffer
2 Neighborhood Park 7 San Jacinto River Corridor
3 Linear Nature Trail
4 Golf Course
s Golf & Recreation Clubs John Laing Homes
East Lake Specific Plan
FIGURE 16
OPEN SPACE PLAN
Page 4 of 6
RESOLUTION NO. 2012-007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DECLARING ITS INTENTION TO ABANDON PROPERTY
ACQUIRED FOR PURPOSES OF A PUBLIC PARK (APN: 371-270-005)
WHEREAS, in 2006, the former developer of the Summerly Project within the
East Lake Specific Plan made an irrevocable offer to dedicate to the City of Lake
Elsinore a parcel of land consisting of approximately 4.8 acres identified as APN 371-
270-005 and more particularly described as Lot 19 of Tract No. 31920-1, as per map
filed in Book 394 at pages 41 through 51, inclusive, in County Recorder of the County of
Riverside (hereinafter the "subject property"); and
WHEREAS, although the City acquired the subject property with the intent that
the site would be improved as a park, the subject property has not been used by the
public for park purposes, and no park improvements have been constructed thereon;
and
WHEREAS, given the current developer's proposal to provide materially
increased amenities to a nearby 24 acre park site, the City desires to consider whether
or not the subject property is appropriate, convenient or necessary for park purposes
and further desires to set a public hearing in order to accord the public an opportunity to
object to abandonment of the subject property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council establishes the regular City Council meeting
of April 10, 2012 at 7:00 p.m. as the date and time of a hearing to consider
abandonment of the above-referenced subject property for park purposes. At that time,
the City Council shall consider all public comments in support of and opposed to the
proposed action.
SECTION 2. The City Clerk is hereby directed to publish this Resolution in
accordance with California Government Code Section 6063 and to post no less than
four copies of the resolution no less than 100 feet apart conspicuously along the
boundaries of the subject property.
Page 5 of 6
CITY COUNCIL RESOLUTION NO. 2011-007
PAGE 2OF3
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 28" day of February 2012, by the
following vote:
BRIAN TISDALE
MAYOR
ATTEST:
VIRGINIA J. BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
Page 6 of 6