BILL ANALYSIS Ó
SB 1027
Page 1
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SB
1027 (Nielsen) - As Amended April 6, 2016
SENATE VOTE: 39-0
SUBJECT: Parks: property transfer.
SUMMARY: Authorizes the County of Tehama to transfer Noland
Park to the Evergreen Union School District, under specified
conditions. Specifically, this bill:
1)Allows the County of Tehama (County) to transfer to the
Evergreen Union School District (District ) the Noland Park
property, if all of the following conditions are met:
a) 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 arising, pursuant to any of the following:
i) The State Beach, Park, Recreational and Historical
Facilities Bond Act of 1974;
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ii) The Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000;
iii) The Roberti-Z'berg-Harris Urban Open-Space and
Recreation Program Act; and,
iv) Any grant agreements entered into, pursuant to the
Acts listed above;
b) The District ensures that the property is maintained and
operated in perpetuity for park purposes; and,
c) 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.
2)States that the Legislature finds and declares that a special
law is necessary and that a general law cannot be made
applicable because of the unique circumstances of the County
of Tehama due to the location of the Noland Park property in
proximity to, and surrounded by, the elementary school
operated by the District.
EXISTING LAW:
1)Prohibits public entities, as specified in the Public Park
Preservation act of 1971, from acquiring parkland for non-park
purposes, unless substitute parkland or equivalent
compensation is provided.
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2)Provided, pursuant to the State Beach, Park, Recreational, and
Historical Facilities Bond Act of 1974, $90 million for grants
to cities and counties for the acquisition and development of
parkland through a grant program administered by the
Department of Parks and Recreation.
3)Provided, pursuant to the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000,
funds to local governments for the Roberti-Z-berg-Harris Urban
Open-Space and Recreation Program.
4)Requires, pursuant to the above Acts, that grant recipients
agree to use the property only for the purposes for which the
grant was made, as specified.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
1)Bill Summary. This bill allows the County to transfer
property (Noland Park) previously acquired with state bond
funds to the District, if all of the following conditions are
met:
a) 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 arising, pursuant to three specified bond Acts,
including any grant agreements;
b) The District ensures that the property is maintained and
operated in perpetuity for park purposes; and, c) That the
recorded instrument transferring title from the County to the
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District contains an express condition and covenant that the
property must be used in perpetuity as a public park.
This bill is co-sponsored by the County of Tehama and the
Evergreen Union School District.
2)Background. Tehama County, in 1979, received a grant of
$29,425 from the 1974 Bond Act to acquire and develop Noland
Park. They also received another grant of $32,000 from the
Roberti-Z'berg Harris program to remove and replace outdated
playground equipment and make other improvements to other play
areas within the park. Noland Park is located directly between
the elementary and middle schools for the Evergreen Union
School District. In 1993, the County leased the park to the
District for 20 years, and required the District to be
responsible for all maintenance. The District was responsible
for all maintenance and was allowed to make capital
improvements to the site, and in return, the District received
the first right to use the facilities and schedule activities
on the park property. The District has spent more than
$189,000 in improvements and an additional $152,000 in
maintenance over the course of the lease, upgrading the
fencing, sprinklers, track, and soccer field. The lease
expired in 2013, but has been renewed on an annual basis since
the expiration.
In order to transfer the property to the District, the County
needs legislative authorization.
3)Author's Statement. According to the author, "Both the School
District and the County have requested this
mutually-beneficial transfer. Since 1993, the school district
has leased the park and invested over $360,000 in improvements
and maintenance. As they would like to invest in long term
capital projects, they have asked that they be given ownership
of the property. The County would also like to make the
transfer so that they can hand over all relevant obligations
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to the school district.
"Because Noland Park was developed using state funds, the
county cannot make the transfer without specific legislative
approval."
4)Transfers of Park Property. The Legislature has allowed
several other 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. Other
bills include:
a) AB 1864 (Matthews), Chapter 1864, Statutes of 2006,
allowed the City of Merced to transfer up to three acres of
park land to the Merced City School District;
b) AB 1457 (Baca), Chapter 852, Statutes of 2006, allowed
the City of San Bernardino to transfer up to 12.5 acres of
park land to the city's redevelopment agency;
c) AB 123 (Nunez), Chapter 260, Statutes of 2007, allowed
the City of Huntington Park to transfer parkland to the Los
Angeles Unified School District;
d) AB 1732 (Hall), Chapter 191, Statutes of 2010, allowed
the City of Los Angeles to transfer parkland and facilities
to the Los Angeles Unified School District; and,
e) SB 829 (Galgiani), Chapter 119, Statutes of 2014,
allowed the City of Escalon to sell park facilities after a
proposed development did not occur, in order to acquire
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parkland closer to the City.
5)Arguments in Support. According to the sponsors, transferring
ownership in the property would allow the District to
implement long range planning for capital improvements while
continuing to allow the public to use the facility as a public
park when school is not in session.
6)Arguments in Opposition. None on file.
7)Double-Referral. This bill is double-referred to the Water,
Parks and Wildlife Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
County of Tehama [SPONSOR]
Evergreen Union School District [SPONSOR]
Opposition
None on file.
SB 1027
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Analysis Prepared by:Debbie Michel / L. GOV. / (916)
319-3958