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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