BILL NUMBER: AB 413 CHAPTERED 10/09/03 CHAPTER 677 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE ASSEMBLY SEPTEMBER 11, 2003 PASSED THE SENATE SEPTEMBER 9, 2003 AMENDED IN SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE AUGUST 26, 2003 AMENDED IN SENATE AUGUST 18, 2003 AMENDED IN SENATE JULY 1, 2003 AMENDED IN ASSEMBLY MAY 6, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Member Goldberg (Principal coauthor: Senator Cedillo) FEBRUARY 14, 2003 An act to add Section 5003.18 to the Public Resources Code, relating to state property. LEGISLATIVE COUNSEL'S DIGEST AB 413, Goldberg. Property transactions. Existing law authorizes the Department of Parks and Recreation to lease, for use, all or any portion of any parcel of real property acquired for the state park system, if the director makes specified findings, and the rent is based on the fair market value of the property when used for the purpose for which it is leased. Existing law prohibits the term of a lease from exceeding a period of 10 years, unless the Legislature has reviewed and approved the proposed lease as part of the annual budget process, or the Public Works Board has determined that the proposed lease could not have been presented to the Legislature for review and approval, as provided. This bill would, notwithstanding those provisions, authorize the Department of Parks and Recreation to lease 20 acres at a site commonly known as Taylor Yard to the City of Los Angeles for a term of 25 years without monetary consideration for use of the property for the development and operation of a local park with regional benefits, as specified. The bill would require the Public Works Board to review and approve the lease. The bill would require that the lease and any extension of the lease require the city to comply with applicable stormwater waste discharge requirements issued by the Los Angeles Regional Water Quality Control Board and the State Water Resources Control Board. The bill would prohibit the City of Los Angeles from using the lease as a match when applying for grant funds, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) As part of a high priority to increase park and open-space opportunities in urban areas, the Department of Parks and Recreation purchased a 40-acre parcel in the City of Los Angeles known as Taylor Yard. (b) Statewide and community needs related to Taylor Yard will best be served by a coordinated and cooperative relationship between the Department of Parks and Recreation and the City of Los Angeles Department of Recreation and Parks. The goal of this cooperative relationship should be to utilize and maximize the strengths and missions of each entity in order to provide quality outdoor recreational and natural resources enhancement opportunities at the site, including organized sports fields to be operated by the city. This cooperative relationship should include a collaborative planning and design process. Collaborative planning and design are necessary to ensure that the parcel within Taylor Yard to be leased to the City of Los Angeles for local park purposes with regional benefits, and the parcel within Taylor Yard to be retained by the Department of Parks and Recreation for state park purposes, are developed in a compatible manner that meets the needs of the public. (c) A lease of this land by the Department of Parks and Recreation to the City of Los Angeles is needed to facilitate the provision of organized sports opportunities. Specifically, the Department of Parks and Recreation should lease a portion of Taylor Yard to the City of Los Angeles, not to exceed 20 acres and which is appropriate for city-developed and managed local and regional recreational needs, including organized, youth sports activities. (d) To meet the needs of the public, dedication of necessary resources and timely development of the Taylor Yard parcel is critical. In light of this need, the lease agreement shall specify that, if the property leased by the Department of Parks and Recreation to the City of Los Angeles is not improved to provide local park opportunities with regional benefits within five years, the state may terminate the lease. (e) To ensure the timely development of regional parks and organized sports opportunities on the parcel to be leased to the City of Los Angeles, the city shall utilize portions of funding available to the city for park purposes, including state and local funds. SEC. 2. Section 5003.18 is added to the Public Resources Code, to read: 5003.18. (a) The director may lease to the City of Los Angeles a parcel, not to exceed 20 acres of unimproved real property situated in the City of Los Angeles, that parcel being a portion of the property owned by the department and commonly known as Taylor Yard. (b) Notwithstanding subdivisions (b) and (c) of Section 5003.17, the term of the lease shall be for a period not to exceed 25 years and shall be without monetary consideration for use of the property, except that the city shall fund the development and operation of the park. The terms of the lease shall specify the nature of the city's control of, and responsibility for the operation of, the parcel. (c) The purpose of the lease shall be for the development and operation by the city of a local park with regional benefits containing and providing organized sports facilities that will primarily serve the youth of the Los Angeles region. (d) If the department determines that the city has failed to develop a local park with regional benefits containing and providing organized sports facilities within five years of execution of the lease, the state shall have the right to terminate the lease. (e) Notwithstanding subdivision (d) of Section 5003.17, the Public Works Board shall review and approve the lease, and shall report any action taken to the Legislature and the Governor. (f) Upon one year's written notice from the city and upon the state's written consent as granted pursuant to the state's sole discretion, the lease may be extended for an additional 25 years commencing on the first calendar day after the date set for expiration of the lease. In exercising its discretion to extend the term of the lease, the state may modify, add, or delete terms and conditions of the lease, including a requirement for monetary consideration for use of the property, as the state may determine to be in the best interest of the state. Pursuant to subdivision (d) of Section 5003.17, the Legislature shall review and approve any extension of the lease. (g) The lease, and any extension of the lease, pursuant to this section shall require the city to comply with applicable stormwater waste discharge requirements issued by the Los Angeles Regional Water Quality Control Board and the State Water Resources Control Board. (h) The City of Los Angeles may not use the lease as its match when applying for grant funds under the Roberti-Z'Berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620)), or any other state grant funds, to develop Taylor Yard.