BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1732|
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                                    CONSENT


          Bill No:  AB 1732
          Author:   Hall (D)
          Amended:  3/25/10 in Assembly
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  9-0, 6/29/10
          AYES:  Pavley, Cogdill, Hollingsworth, Huff, Kehoe,  
            Lowenthal, Padilla, Simitian, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  74-0, 5/6/10 (Consent) - See last page for  
            vote


           SUBJECT  :    Parks:  property transfer

           SOURCE  :     Los Angeles Unified School District


           DIGEST  :    This bill allows the City of Los Angeles to  
          transfer to the Los Angeles Unified School District (LAUSD)  
          parkland acquired with park bond funds and in exchange,  
          LAUSD will provide replacement parkland facilities.

           ANALYSIS  :    

          Existing law: 

          1. Authorizes, under the Safe Neighborhood Parks, Clean  
             Water, Clean Air, and Coastal Protection Bond Act of  
             2000 (Bond Act), a financing program for the  
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             acquisition, development, improvement, rehabilitation,  
             restoration, enhancement, and protection of park,  
             recreational, cultural, historical, fish and wildlife,  
             lake, riparian, reservoir, river, and costal resources,  
             through the issuance of general obligation bonds. 

          2. Requires that the proceeds from the Bond Act funds only  
             be used for the purpose for which the grant was made. 

          3. Prohibits a property that was purchased with grant funds  
             from changing to a use that is not permitted under the  
             Bond Act unless such a change is authorized by the  
             Legislature. 

          4. Requires that if the use of the property changes or the  
             property is sold the grantee must either receive or  
             purchase property of equal value and create new  
             parkland, or the grantee must return the funds back to  
             the state. 

          This bill authorizes the City of Los Angeles (City) to  
          transfer to LAUSD parkland, known as the Vernon Branch  
          Library Pocket Park, and the facilities on that land, if  
          all of the following conditions are met: 

          1. The City complies with provisions of Safe Neighborhood  
             Parks, Clean Water, Clean Air, and Coastal Protection  
             Bond Act of 2000, and submits to the Department of Parks  
             and Recreation (DPR) a copy of the recorded deed and  
             title policy for, and map of, the substitute parkland.

          2. The City submits to DPR a revised map of Vernon Branch  
             Library Pocket Park, with the revised acreage.

          3. The City enters into an agreement with the LAUSD that  
             identifies the parcels in the City that will be acquired  
             and developed as substitute parkland and the facilities  
             that will be constructed on the substitute parkland.

          4. The City provides a detailed land plan that shows the  
             following: 

             A.    The specific parcels of Vernon Branch Library  
                Pocket Park that will be transferred to LAUSD.







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             B.    The parcels in the City that will be acquired and  
                developed as substitute parkland.

             C.    The facilities that will be constructed on the  
                substitute parkland.
              
             D.    A demonstration that there is no net loss in park  
                acreages as a result of the transfer. 

          5. The transferred property is used only for a school  
             facility.

          6. The City ensures that the substituted parkland will be  
             dedicated in perpetuity for parkland purposes.

          7. The City passes an ordinance, at a public hearing, which  
             describes the parkland transfer, the need for such a  
             transfer, and makes various findings regarding the  
             transfer. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  4/7/10)

          Los Angeles Unified School District (source)
          California Council of Land Trusts 


           ARGUMENTS IN SUPPORT  :    According to the California  
          Council of Land Trust, this bill not only helps LAUSD  
          receive the needed land to complete their elementary school  
          project while maintaining vital parkland, this bill also  
          sets a positive model as to how transparency and  
          accountability are maintained with the voting public that  
          approved the Bond Act funding for park purposes. 

          According to the author's office, this bill seeks to obtain  
          the required legislative authorization to allow the City to  
          transfer to LAUSD the Vernon Branch Library Pocket Park.   
          LAUSD is working on constructing an elementary school near  
          that site but the project requires additional land in order  
          to complete the school.  The new elementary school will  







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          accommodate 650 students, which will help relieve  
          overcrowding at five neighboring schools.  If the parkland  
          is transferred, LAUSD will purchase and transfer to the  
          City a similar size parcel of land in order to replace the  
          lost parkland. 


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Bass, Block, De La Torre, Gilmore,  
            Mendoza, Vacancy


          CTW:mw  8/4/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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