BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1027


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          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.










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          Analysis Prepared by:Debbie Michel / L. GOV. / (916)  
          319-3958