Amended in Senate April 6, 2016

Senate BillNo. 1027


Introduced by Senator Nielsen

(Coauthor: Assembly Member Gallagher)

February 12, 2016


An act relating to parks.

LEGISLATIVE COUNSEL’S DIGEST

SB 1027, as amended, Nielsen. Parks: property transfer.

Existing law provides for the acquisition of public park property and facilities and compensation for that transfer under specified circumstances. The State Beach, Park, Recreational and Historical Facilities Bond Act of 1974 authorized the state to issue and sell bonds to provide funding for, among other things, grants to counties, cities, or cities and counties for the acquisition and development of real property for park, recreation area, beach, and historical purposes.

The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes the issuance of bonds 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, as specified. 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 making 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 County of Tehama to transfer to the Evergreen Union School District certain parkland if the county and the district enter into an agreement with the Department of Parks and Recreation that transfers to the district all ongoing obligations of the county relating to the property, as specified, andbegin delete the district ensures that the property is maintained and operated in perpetuity for park purposes.end deletebegin insert certain other conditions are met.end insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Tehama.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

In accordance with Section 5096.343 of the Public
2Resources Code and notwithstanding Chapter 2.5 (commencing
3with Section 5400) of Division 5 of the Public Resources Code,
4the County of Tehama may transfer to the Evergreen Union School
5District the Noland Park property (Assessor’s Parcel Number
6004-270-020-1) ifbegin delete bothend deletebegin insert allend insert of the following conditions are met:

7(a) The county and the district enter into an agreement with the
8Department of Parks and Recreation that transfers to the district
9all ongoing obligations of the county relating to the property arising
10pursuant to any of the following:

11(1) The State Beach, Park, Recreational and Historical Facilities
12Bond Act of 1974.

13(2) The Safe Neighborhood Parks, Clean Water, Clean Air, and
14Coastal Protection Bond Act of 2000 (Chapter 1.692 (commencing
15with Section 5096.300) of Division 5 of the Public Resources
16Code).

17(3) The Roberti-Z’berg-Harris Urban Open-Space and
18Recreation Program Act (Chapter 3.2 (commencing with Section
195620) of Division 5 of the Public Resources Code).

20(4) Any grant agreements entered into pursuant to paragraph
21(1), (2), or (3).

P3    1(b) The district ensures that the property is maintained and
2operated in perpetuity for park purposes.

begin insert

3
(c) The recorded instrument transferring title from the county
4to the district contains an express condition and covenant that the
5property shall be used in perpetuity as a public park.

end insert
6

SEC. 2.  

The Legislature finds and declares that a special law
7is necessary and that a general law cannot be made applicable
8within the meaning of Section 16 of Article IV of the California
9Constitution because of the unique circumstances of the County
10of Tehama due to the location of the Noland Park property in
11proximity to, and surrounded by, the elementary school operated
12by the Evergreen Union School District.



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