BILL NUMBER: AB 63 CHAPTERED 10/08/07 CHAPTER 310 FILED WITH SECRETARY OF STATE OCTOBER 8, 2007 APPROVED BY GOVERNOR OCTOBER 8, 2007 PASSED THE SENATE AUGUST 30, 2007 PASSED THE ASSEMBLY SEPTEMBER 4, 2007 AMENDED IN SENATE JULY 17, 2007 AMENDED IN SENATE JUNE 19, 2007 INTRODUCED BY Assembly Member Emmerson (Coauthor: Senator Negrete McLeod) DECEMBER 4, 2006 An act to amend Section 1 of Chapter 833 of the Statutes of 1988, relating to parks and recreation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 63, Emmerson. Parks and recreation: Glen Helen Regional Park. (1) Existing law authorizes the County of San Bernardino to grant an easement for road purposes across lands within the Glen Helen Regional Park acquired with moneys received pursuant to the Roberti-Z' berg-Harris Urban Open-Space and Recreation Program Act under specified conditions. This bill would instead authorize the County of San Bernardino to grant no more than 9 acres for that easement, and no more than 7 acres for a fee interest in the property for which a road easement has been granted or in a portion thereof, provided the county transfers parkland in Glen Helen Regional Park pursuant to specified conditions, including the acquisition of substitute parkland. The bill would also make technical corrections. (2) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1 of Chapter 833 of the Statutes of 1988 is amended to read: Section 1. (a) Notwithstanding any other provision of law, provided all of the conditions specified in subdivision (b) are met, the County of San Bernardino may grant, pursuant to subdivision (a) of Section 5626 of the Public Resources Code, no more than nine acres for an easement for road purposes across lands within the Glen Helen Regional Park acquired with grant moneys received pursuant to the Roberti-Z'berg-Harris Urban Open-Space and Recreation Program Act, Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code, and no more than seven acres for a fee interest in the property, or portion of that property, subject to an exchange for, or acquisition of, property of equal or greater recreational value, as determined by the Department of Parks and Recreation, and at no cost to the state. Any property acquired shall be utilized solely for park purposes, and shall be subject to all applicable requirements of the Roberti-Z'berg-Harris Urban Open-Space and Recreation Program Act. (b) The County of San Bernardino may transfer parkland in Glen Helen Regional Park pursuant to subdivision (a), only if all of the following conditions are met: (1) The county enters into an agreement with the acquiring entity, only after a public hearing, that requires the acquiring entity to provide substitute parkland of comparable characteristics and of substantially equal size located in an area that would allow for use of the substitute parkland by generally the same persons who currently use Glen Helen Regional Park. (2) The county follows the public meeting and notification requirements described in Section 5406 of the Public Resources Code. (3) The county submits to the Department of Parks and Recreation evidence of compliance with paragraphs (1) and (2), including, but not limited to, a copy of the recorded deed and title policy for, and a map of, the substitute parkland. (4) The county submits to the Department of Parks and Recreation a revised map of Glen Helen Regional Park, with the revised acreage. (5) The county prepares a detailed land plan showing the specific parcels of Glen Helen Regional Park that will be transferred, and demonstrates that there is no net loss in park acreage as a result of the transfer pursuant to this section. (6) The transferred property is used only for development that is consistent with the county's general plan and consistent with public park purposes. (7) The county adopts an ordinance at a public meeting that does all of the following: (A) Identifies the property within Glen Helen Regional Park that is to be transferred and the property that the county will acquire to replace the transferred property. (B) Makes a finding that the substitute parkland will be provided or paid for by the acquiring entity and will have acreage that is equal to or greater than the acreage of the property transferred. (C) Makes a finding that the transfer does not diminish the environmental integrity or recreational value of Glen Helen Regional Park and that the development is consistent with the county's general plan and public park purposes. (D) Makes a finding that the substitute parkland will provide an equivalent or higher level of recreational and environmental service to the current users of Glen Helen Regional Park. (E) Makes a finding that the county has obtained any required federal approval for transfer of the Glen Helen Regional Park property. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to authorize the completion of the transaction to create a road facilitating access to Glen Helen Regional Park and adjacent development at the earliest possible time, it is necessary that this act take effect immediately.