BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1027  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1027  
          (Nielsen) - As Amended April 6, 2016


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          |Policy       |Local Government               |Vote:|9 - 0        |
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          |             |Water, Parks and Wildlife      |     |15 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill 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:









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               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.


               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.


          FISCAL EFFECT:


          Negligible state fiscal impact.


          COMMENTS:


          1)Purpose. According to the author, 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.  Because Noland Park was  
            developed using state funds, the county cannot make the  
            transfer without legislative approval.









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          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.



          3)Prior Legislation.  The Legislature has allowed several local  
            governments to transfer park property acquired or developed  
            with state bond funds to other public entities. Other bills  
            include:


             a)   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  
               park land closer to the City.


             b)   AB 1732 (Hall), Chapter 191, Statutes of 2010, allowed  
               the City of Los Angeles to transfer park land and  
               facilities to the Los Angeles Unified School District.


             c)   AB 123 (Nunez), Chapter 260, Statutes of 2007, allowed  
               the City of Huntington Park to transfer park land to the  
               Los Angeles Unified School District.


             d)   AB 1457 (Baca), Chapter 852, Statutes of 2006, allowed  
               the City of San Bernardino to transfer up to 12.5 acres of  








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               park land to the city's redevelopment agency.


             e)   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.


          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081