The City of Fairfield claims its can shift part of the
park from one hand (the City) to the other hand (the Redevelopment Agency) and
then turn around and sell the land to developers without a vote of the
people – provided enough cash and land changes hands in return. Keep in mind that the City Council is
also the Redevelopment Agency! It’s
not hard to see why both the city and the developers are terrified to allow
voters a chance to decide this issue!
California Government Code sections
38440-38462 prohibits disposing of public parks without the voter’s
majority approval, except in narrow circumstances which the Allan Witt Park proposal does not meet.
So how can the city sell 1/3 of Allan Witt Park to developers for private residences
without a vote? There is a loophole
that the city and the developers hope to exploit to avoid letting the
voters have a say – and little wonder, since recent polls¹ indicate
widespread opposition to the latest plan – with over 75% against!
Here’s the loophole.
By selling the park land to another public agency (the City of
Fairfield Redevelopment Agency), the city claims California Public
Resources Code sections
5400-5409 can be used to allow transfer of part of Allan Witt Park for
non-park use without a special election, under certain conditions. The city must receive a combination of
substitute park land and compensation sufficient to provide a replacement
park of comparable characteristics and of substantially equal size having
equivalent facilities located in an area which would allow for use by the
same persons using the existing park, and to replace all facilities
with the same type and number in the replacement park (sec
5404).
In other words, if the legislative body of the park’s
operating entity (the City Council) decides the land and money offered by
the City Council (acting as the RA) are sufficient and the site is
accessible by current park users, it can enter into an agreement with
itself to sell the land, but only after a public hearing. Any Fairfield resident can then challenge that
decision in Solano County superior court within 45 days,
allowing the courts to decide if the exchange agreement meets the value
requirements for replacement.
The Friends of Allan Witt Park believe that the proposed
land transaction is deceptive and that the Allan Witt Park Project should
be placed on the ballot for a free and fair vote by the residents of Fairfield.
Let the City Council know that you want to vote on this proposal!
¹ Daily Republic Pulse Poll 1/28/06-2/3/06
