BILL ANALYSIS �
AB 1052
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Date of Hearing: May 3, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1052 (Garrick) - As Amended: April 26, 2011
SUBJECT : State property: surplus.
SUMMARY : Authorizes the Department of General Services (DGS),
on behalf of the Department of Parks and Recreation (DPR), to
enter into an agreement with the City of Carlsbad (City), San
Diego, to exchange specified real property. Specifically, this
bill :
1)Authorizes DGS, on behalf of DPR, to enter into an agreement
with the City to exchange a portion of the South Carlsbad
State Beach (SC State Beach) in exchange for a portion of
Carlsbad Blvd.
2)Requires the land exchange to be:
a) Based on fair market value; and,
b) DGS's determination that the exchange is in the state's
best interest and will not result in a net cost or loss to
the state.
3)Requires the City to reimburse the state for:
a) The difference in the appraised property value to be
exchanged, if the state is found to be receiving less
value; and,
b) Reasonable administrative costs incurred to complete the
title transfer.
4)Requires the City to be solely responsible for:
a) Compliance with the California Environmental Quality Act
(CEQA) in connection with the transfer of property
ownership; and,
b) Compliance with the Land and Water Conservation Fund
(LWCF) Act of 1965
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EXISTING STATE LAW :
1)Authorizes DGS, subject to legislative approval, to sell,
lease, exchange, or transfer various specified properties for
current market value, or upon terms and conditions as DGS
determines are in the state's best interests.
2)Authorizes DPR to have control of the state park system.
3)Provides that a buyer or transferee of state property shall be
subject to any local governmental entitlement or land use
approval requirements and CEQA.
EXISTING FEDERAL LAW :
1)Establishes the LWCF Act and prohibits any property acquired
or developed with federal funds from conversion to purposes
other than public outdoor recreational use.
2)Authorizes the Secretary of the Interior to approve land
conversions if it complies with the statewide outdoor
recreation plan and a replacement property will be of equal
fair market value and recreational usefulness.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "Both
the City and DPR own property along Coast Highway 101/Carlsbad
Blvd. The City has contemplated redesign and reconstruction of
portions of Carlsbad Blvd. as a way to protect the roadway from
coastal erosion? �The land transfer] will allow DPR to expand
the physical boundaries of the SC State Beach Campground to
mitigate the impacts of continued bluff erosion, and provide an
opportunity to enhance revenue generation potential of a
significant State asset? The City and DPR have prepared a
Memorandum of Understanding (MOU) outlining how both agencies
will work together toward a land exchange that creates enhanced
public access to coastal areas, new recreational amenities, and
greater economic opportunities to citizens and visitors. This
bill will provide legislative approval of a land exchange
between the City and DPR contingent upon approval by the United
States Department of Interior/National Parks Service under the
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LWCF Act."
Background . The land transfer proposed in this bill allows DPR
to acquire approximately 26.1 acres of property south of Palomar
Airport Road located in Carlsbad from the City in exchange for
delivering two parcels of state property - 14.1 acres known as
Canon Lake and the Tomato Fields Property and four acres of
coastal bluff property known as Terramar, to the City. The 1984
SC State Beach General Plan shows DPR has had an interest in the
acquisition of City property with the hope of providing
additional recreational opportunities through property
acquisition. The City intends to use the land acquired from
this transfer to create a T-intersection at Carlsbard Blvd. and
Palomar Airport Road and a city park. DPR intends to use the
land acquired from this transfer to expand and upgrade the SC
State Beach Campground campsites, facilities, parking, and
entrance road. While a MOU outlining the role and
responsibilities of the City and DPR in the land exchange has
been prepared, DPR has not yet signed the MOU.
The land transfer is complicated because a portion of SC State
Beach was acquired utilizing LWCF funds. Since federal funds
were utilized to improve state parks for open access, the state
park incurred federal restrictions that any land traded or
acquired must meet or exceed the recreational value, acreage,
and appraised value of the land to be exchanged. In order to
complete a land transfer with these federal restrictions, the
transfer must be first approved on the federal level, which will
take several months. This would be a multi-phase, long-term
agreement due to the complexity of land transfer issues. At
this time, the Administration has not taken a position on the
transfer or this measure.
Related Legislation . AB 384 (Chesbro) of 2011 authorizes the
City of Fort Bragg and the County of Mendocino to acquire up to
17 acres of the Jackson Demonstration State Forest to develop a
solid waste transfer station, as part of a three-way property
transfer set at fair market value. This bill is not subject to
the LWCF Act or any resulting federal restrictions. This bill
is pending in the Assembly Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1052
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None on file.
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301