BILL ANALYSIS Ó
SB 1027
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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.
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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.
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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
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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
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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
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