BILL NUMBER: AB 650	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Hill
   (Principal coauthor: Senator Yee)

                        FEBRUARY 25, 2009

    An act relating to local government, and declaring the
urgency thereof, to take effect immediately.   An act
relating to parks, making an appropriation   therefor, and
declaring the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 650, as amended, Hill.  Local government: City of Half
Moon Bay.  Parks: City of Half Moon Bay.  : 
   The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
approved by the voters at the November 7, 2006, statewide general
election, among other things, makes $400,000,000 in bond funds
available to the Department of Parks and Recreation for competitive
grants for local and regional parks.  
   This bill would appropriate $10,000,000 of the $400,000,000
available from the bond act to the Department of Parks and Recreation
for a grant to the City of Half Moon Bay to purchase certain
property known as the Beachwood Property for the sole purpose of
development as a public park.  
   The bill would provide that in any case in which the provisions of
the bill and the initiative conflict, the initiative shall prevail.
 
   Existing law authorizes a local government to enter into financial
arrangements on behalf of its locality.  
   This bill would declare that it is the intent of the Legislature
to enact legislation to assist the City of Half Moon Bay to reach a
favorable financial resolution arising from liabilities the city has
incurred relating to specific property. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation:  no   yes .
Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) From the four hundred million
dollars ($400,000,000) available to the Department of Parks and
Recreation pursuant to subdivision (b) of Section 75065 of the Public
Resources Code, ten million dollars ($10,000,000) is hereby
appropriated to the Department of Parks and Recreation for a grant to
the City of Half Moon Bay to purchase certain property known as the
Beachwood Property for the sole purpose of development as a public
park.  
   (b) Any amounts outstanding to complete the purchase of this
property for a public park shall be provided from funds of the City
of Half Moon Bay or from loans and contributions to the City of Half
Moon Bay for this purpose.  
   (c) This appropriation specified in subdivision (a) is made to
assist the City of Half Moon Bay relating to its settlement agreement
in the case of Yamagiwa v. City of Half Moon Bay (N.D. Cal. 2007)
523 F. Supp.2d 1036, involving certain property known as the
Beachwood Property in the City of Half Moon Bay. 
   SEC. 2.    In any case in which any of the provisions
of this act and Division 43 (commencing with Section 75001) of the
Public Resources Code conflict, that division shall prevail. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation to assist the City of Half Moon Bay to reach a
favorable financial resolution arising from the liabilities the city
has incurred relating to the Beachwood property located in the city.

   SEC. 2.   SEC. 3.   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 for the settlement of protracted and expensive
litigation and the avoidance of possible municipal insolvency, it is
necessary that this act take effect immediately. 
    In order to provide timely essential relief to the City of
Half Moon Bay as a result of the settlement agreement in the case of
Yamagiwa v. City of Half Moon Bay, it is necessary that this act take
effect immediately.