BILL NUMBER: AB 1732	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 4, 2010

   An act relating to parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1732, as introduced, Hall. Parks: property transfer.
    Existing law provides for the acquisition of public park property
and facilities and compensation for that transfer under specified
circumstances.
   The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes,
for the purpose of financing a program for the acquisition,
development, improvement, rehabilitation, restoration, enhancement,
and protection of park, recreational, cultural, historical, fish and
wildlife, lake, riparian, reservoir, river, and coastal resources,
the issuance, pursuant to the State General Obligation Bond Law, of
bonds in the amount of $2,100,000,000. The act prohibits the use of
the grant funds unless the applicant has agreed to certain
conditions, including but not limited to, using the property only for
the purposes for which the grant was made and to make no other use
or sale or other disposition of the property, except as authorized by
a specific act of the Legislature. The act requires that if the use
of the property is changed to a use that is not permitted by the act
or if the property is sold or otherwise disposed of, an amount equal
to the amount of the grant, the fair market value of the real
property, as specified, or the proceeds from the sale or other
disposition be used by the grantee for a purpose authorized by the
act or that this amount be reimbursed to the fund.
   This bill would authorize the City of Los Angeles to transfer to
the Los Angeles Unified School District parkland known as the Vernon
Branch Library Pocket Park and the facilities on that land,
conditioned upon, among other things, that the city complies with the
requirements of the Villaraigosa-Keeley Act and provides a copy of
the recorded deed and title policy for, and map of, a substitute
parkland. The bill would also prohibit the transfer until the
Department of Parks and Recreation determines that all required
conditions have been met.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  (a) The City of Los Angeles may transfer to the Los
Angeles Unified School District park land known as the Vernon Branch
Library Pocket Park and the facilities on that land, if the all of
the following conditions are met:
   (1) The city complies with Section 5096.343 of the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692
(commencing with Section 5096.300) of Division 5 of the Public
Resources Code), and submits to the Department of Parks and
Recreation a copy of the recorded deed and title policy for, and map
of, the substitute parkland.
   (2) The city submits to the department a revised map of Vernon
Branch Library Pocket Park, with the revised acreage.
   (3) The city provides a detailed land plan that shows the
following:
   (A) The specific parcels of Vernon Branch Library Pocket Park that
will be transferred to the Los Angeles Unified School District
   (B) The parcels in the city that will be acquired and developed as
substitute parkland.
   (C) The facilities that will be constructed on the substitute
parkland.
   (D) A demonstration that there is no net loss in park acreage as a
result of the transfer pursuant to this section.
   (4) The transferred property is used only for a school facility.
   (5) The city ensures that the substituted parkland is developed
and dedicated in perpetuity for park purposes.
   (6) At least 45 days prior to transferring the property, the city
adopts an ordinance at a public meeting that does all of the
following:
   (A) Identifies the Vernon Branch Library Pocket Park parcels that
are to be transferred to the school district, and the parcels that
the city will acquire to replace the transferred property.
   (B) Makes a finding that the replacement property used as a
substitute parkland has a value that equals the amount of the grant
used to acquire the property known as the Vernon Branch Library
Pocket Park, the fair market value of that real property, or the
proceeds from the sale or other disposition, whichever is greater.
   (C) Makes a finding that the replacement parcels and facilities
will be provided or paid for by the school district and will have
acreage that is equal to or larger than the acreage of the Vernon
Branch Library Pocket Park parcels transferred to the school
district.
   (D) Makes a finding that the transfer does not diminish the
environmental integrity or recreational value of Vernon Branch
Library Pocket Park.
   (E) Makes a finding that the replacement parcels, including
facilities, will provide an equivalent or higher level of
recreational and environmental service to the current users of Vernon
Branch Library Pocket Park.
   (F) Makes a finding that the replacement parcels and facilities
are in addition to existing city property.
   (G) Makes a finding that the city has obtained all required state
and federal approvals for the transfer of the Vernon Branch Library
Pocket Park parcels to the school district.
   (b) The transfer pursuant to subdivision (a) shall not occur until
the department determines that all of the conditions set forth in
subdivision (a) have been met.