BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 1732 HEARING DATE: June 29, 2010
AUTHOR: Hall URGENCY: No
VERSION: March 25, 2010 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Parks: property transfer.
BACKGROUND AND EXISTING LAW
In March 2000, the voters passed the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Act of 2000
(Proposition 12). The bond provided $2.1B for various natural
resource protection projects, including $388M for per capital
grants to cities, counties, and districts for the acquisition,
development, improvement, rehabilitation, restoration,
enhancement, and interpretation of local park and recreation
lands and facilities (5096.310 (f) of the Public Resources
Code).
Section 5096.343 of the bond requires, as a condition of
funding, for the grantee of the grant funds to maintain and
operate the park in accordance with the grant. If the use of the
property changes, or if the property is sold, the grantee is
responsible for replacement funds to either return to the state
or to use for another purpose that is consistent with the
original grant, approved by the Department of Parks and
Recreation (DPR), and authorized by the Legislature (i.e.
substitute parkland). The amount of the replacement funds is
equal to (1) the amount of the grant, (2) the fair market value
of the real property, or (3) the proceeds from the sale, which
ever is greater.
PROPOSED LAW
This bill would authorize the City of Los Angeles to transfer
parkland, known as the Vernon Branch Library Pocket Park, to the
Los Angeles Unified School District (LAUSD). As the Vernon
Branch Library Pocket Park was purchased with Proposition 12
funds, this bill conditions the authorization on the following
conditions:
1
The city must comply with all requirements of 5096.343.
The city submits to DPR a copy of the recorded deed of the
substitute parkland, a revised map of the Vernon Branch
Library Pocket Park, and a detailed land plan.
The city enters into an agreement with the LAUSD that
identifies the substitute parkland and the facilities that
will be constructed on that substitute parkland.
The city adopts an ordinance at a public meeting, at least 45
days prior to transferring the property, that makes findings
that the transfer does not reduce park acreage or diminish the
recreational value of the park and that the city has obtained
all of the required approvals to complete the transfer.
The city demonstrates that there is no net loss in park
acreage as a result of the transfer.
2
ARGUMENTS IN SUPPORT
According to the author, "The Los Angeles Unified School
District would like to develop and construct a new elementary
school facility on property currently occupied by Vernon Branch
Pocket Park within the City of Los Angeles. The site was chosen
after numerous community meetings and is based on input from
local law enforcement, demographic information and the need to
minimize community impacts?AB 1732 authorizes the land swap
between LAUSD and the City of Los Angeles. The city has already
agreed to transfer the park property to LAUSD and in exchange,
LAUSD has agreed to acquire and construct a new park in the
city." The author contends that this transfer will both
accommodate the need to alleviate school overcrowding and the
need for park and open space.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Location of substitute property : According to a map submitted to
the committee, it is the city and LAUSD's intent to site the
substitute parkland will be adjacent to the new elementary
school on a nearby parcel. However, the committee should note
that while this map represents the intent of the city and LAUSD,
this bill does not specify the location of the replacement
parcels, only that the replacement parcels provide an equivalent
or higher level of recreational and environmental services to
the current uses of Vernon Branch Library Pocket Park.
SUPPORT
Los Angeles Unified School District
OPPOSITION
None Received
3