BILL ANALYSIS Ó SB 1027 Page 1 Date of Hearing: June 28, 2016 ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, 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 certain park lands originally acquired with state park bond funding to the Evergreen Union School District, if certain conditions are met, including that the land be maintained as a public park. Specifically, this bill: 1)Authorizes the County of Tehama to transfer certain parkland known as Noland Park to the Evergreen Union School District, if all the following conditions are met: a) The county and the school district enter into an agreement with the Department of Parks and Recreation (DPR) that transfers to the school district all ongoing obligations of the county relating to the property arising from any of the bond acts, or any agreements entered into pursuant to those bond acts, that were the source of the initial funding for acquisition of the parklands. SB 1027 Page 2 b) The school district ensures that the property is maintained and operated in perpetuity for park purposes. c) The recorded instrument transferring title from the county to the school district contains an express condition and covenant that the property shall be used in perpetuity as a public park. EXISTING LAW: 1)Provides for the acquisition of public park property under various state bond acts. Prior bond acts include the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974, which authorized the issuance and sale of bonds for, among other things, acquisition of park properties. 2)The Safe Neighborhood, Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12), authorized the issuance of bonds to finance, among other things, acquisition and development of parks. The Act requires that the property acquired with the bond funds be used only for the purposes for which the grant was made, and prohibits the land from being used for other purposes or sold, except as authorized by a specific act of the Legislature. Requires, if the property is sold, that an amount equal to the sale or value of the property be used by the grantee for a purpose authorized by the Act or that the amount be reimbursed to the bond fund. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible if any state costs. SB 1027 Page 3 COMMENTS: This bill authorizes the County of Tehama to transfer Noland Park to the Evergreen Union School District with the condition that the land be maintained as a public park. 1)Author's Statement: This is a district bill that would allow Tehama County to transfer Noland Park to the Evergreen Union School District. Both the school district and the county have requested this mutually-beneficial transfer, which will enable the school district to make further investments of the property. The park will remain open to the public with no practical impact on public use, and there has been no community opposition. 2)Background: Noland Park was purchased in 1982 with $29,425 through the 1974 Park Bond Program. In 2002, the County of Tehama made upgrades to the park with a $30,781 grant from Proposition 12, through the Roberti-Z'berg-Harris Non-Urban Area Needs Basis grant program. Both the county and the school district would like the transfer to occur as it will allow the school district to invest in long-term capital projects for the park, as well as pursue grant funding for future improvements. The school district has leased the park from the county since 1993 and already has invested $360,000 in improvements and maintenance. The author and sponsors note that this bill will require that the property continue to be operated as a public park by requiring that the school district ensure that the property is maintained and operated for park purposes in perpetuity. The county's obligations under the original grant agreements will be transferred to the school district through an agreement with the DPR, and the recorded instrument transferring the title will also specifically require that the property SB 1027 Page 4 continue to be operated as a public park. The public will have access to the park outside of school hours. While public access will be restricted during school hours, the author and sponsors note this is currently the case as the park is surrounded by the school district and during school hours it is used exclusively by students for recess, sports and exercise. Therefore, the transfer will not affect a change in current park usage or public access. The author also indicates that there have been numerous opportunities at public board meetings for public comment on the proposed transfer, and several articles regarding the proposed transfer in local newspapers, and no community objections have been raised. 3)Double-Referral: This bill was double-referred to the Assembly Local Government Committee which heard and passed this bill on June 15, 2016 with recommendation to consent calendar. 4)Prior and Related Legislation: AB 1864 (Matthews), Chapter 558, Statutes of 2006, authorized the City of Merced to transfer to the Merced City School District up to 3 acres of park land in Fahrens Creek Park if certain conditions are met. AB 1732 (Hall), Chapter 191, Statutes of 2010, authorized 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, the city complying with the requirements of Proposition 12 and providing a copy of the recorded deed and title policy for, and map of, a substitute parkland. 5)Support Arguments: This transfer will allow this parkland to continue to be open to the general public during non-school hours, while allowing the school children to have beneficial use of the property during school hours. Transferring ownership of the property will allow the School District to SB 1027 Page 5 implement long range planning for capital improvements while continuing to allow the public to use the park. 6)Opposition Arguments: None received. REGISTERED SUPPORT / OPPOSITION: Support Evergreen Union School District Tehama County Board of Supervisors Opposition None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096 SB 1027 Page 6