BILL ANALYSIS Ó
-----------------------------------------------------------------
| SENATE RULES COMMITTEE | SB 1027|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1027
Author: Nielsen (R), et al.
Amended: 4/6/16
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 3/30/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Parks: property transfer
SOURCE: County of Tehama
Evergreen Union School District
DIGEST: This bill allows the County of Tehama to transfer
property previously acquired with state bond funds.
ANALYSIS:
Existing law:
1)Generally prohibits public entities, including local
governments, from acquiring parkland for non-park purposes
unless substitute parkland or equivalent compensation is
provided.
2)Authorizes the sale of general obligation bonds, as approved
by voters in 1974 and 2000, for parks purposes.
3)Establishes the Roberti-Z'berg-Harris Urban Open-Space and
SB 1027
Page 2
Recreation Program, which requires DPR to make annual grants
to cities, counties, and districts for recreational purposes,
open-space purposes, or both, on the basis of population and
need.
4)Requires, pursuant to the 1974 and 2000 Bond Acts and the
Roberti-Z'berg-Harris grant program, that grantees that
receive bond funds:
a) Agree to use the property only for the purposes for
which the grant was made.
b) Not make any other use or sale or other disposition of
the property, except as authorized by a specific act of the
Legislature.
This bill allows the County of Tehama to transfer Noland Park to
the Evergreen Union School District if the following three
conditions are met:
1)The county and the district must enter into an agreement with
DPR that transfers any obligations of the county under the
1974 Bond Act, Proposition 12, the Roberti-Z'berg-Harris
program, and grants entered into under those laws.
2)The district ensures that the property is maintained and
operated in perpetuity for park purposes.
3)The recorded instrument transferring title from the county to
the district contains an express condition and covenant that
the property shall be used in perpetuity as a public park
Background
California voters have approved several bond acts that provide
funding for acquiring parkland. In June 1974, voters approved
the State Beach, Park, Recreational, and Historical Facilities
Bond Act of 1974. Among other provisions, the act provided $90
million for grants to cities and counties for the acquisition
and development of parkland through a grant program administered
by the state Department of Parks and Recreation (DPR).
Subsequently, voters approved Proposition 12, the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, at the statewide primary election
in March of 2000. Proposition 12 made funds available to local
SB 1027
Page 3
governments for the Roberti-Z'berg-Harris Urban Open-Space and
Recreation Program, which requires DPR to make annual grants to
cities, counties, and districts for recreational purposes,
open-space purposes, or both, on the basis of population and
need.
Both the 1974 Bond Act and Proposition 12, as well as the
Robert-Z'berg-Harris program, require that grant recipients must
agree to use the property only for the purposes for which the
grant was made. The grantee cannot make any other use or sale
or other disposition of the property, except as authorized by a
specific act of the Legislature. If the use of the property
changes or the property is sold upon approval by the
Legislature, the grantee must either return the funds to the
state or use replacement funds for a purpose that is consistent
with the original grant. The replacement funds can equal the
amount of the grant, the fair market value of the real property,
or the proceeds from the sale of the property, whichever is
greater. Bond-funded grant programs incorporate these
requirements into their grant contracts.
Since 2001, the Legislature has allowed several local
governments to transfer park property acquired or developed with
state bond funds to other public entities for uses other than
parkland on the condition that the cities or entities provide
replacement property.
Noland Park. In 1979, Tehama County received a grant of $29,425
from the 1974 Bond Act to acquire and develop Noland Park. The
county received a subsequent grant of $32,000 from the
Roberti-Z'berg-Harris program, funded by Proposition 12, to
remove and replace outdated playground equipment and make other
improvements to play areas within the park. Noland Park is
located directly between the elementary and middle schools for
the Evergreen Union School District, and in 1993 the county
leased the park to the district for 20 years. Under the lease,
the school district was responsible for all maintenance and was
allowed to make capital improvements to the site; in return, the
school district received the first right to use the facilities
and schedule activities. Accordingly, over the course of the
lease the district developed the park through upgrades of
fencing, sprinklers, a track and soccer field, spending more
than $189,000 in improvements and an additional $152,000 in
maintenance. Since the lease's expiration in 2013, it has been
SB 1027
Page 4
renewed on an annual basis. Local officials want to transfer
the park to the school district so the district can continue to
invest in the property.
Comments
Purpose of the bill. Since 1993, the county and district have
cooperated to improve Noland Park and ensure that nearby
communities have access to safe and modern park facilities. The
district has invested over $360,000 in improvements and
maintenance expenditures, and in return, children at the
adjacent schools have access to the park, while the general
public continued to be able to access the facilities. The
school district has identified over $340,000 in additional
improvements it would like to undertake at the park in the next
20 years. Transferring ownership in the property would
encourage the district to plan for and make longer term capital
investments in the park, but state law only allows such a
transfer to occur if the Legislature specifically authorizes it.
SB 1027 provides the needed legislative authorization.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/18/16)
County of Tehama (co-source)
Evergreen Union School District (co-source)
OPPOSITION: (Verified4/18/16)
None received
Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
4/20/16 15:39:01
**** END ****
SB 1027
Page 5