BILL ANALYSIS �
Bill No: AB
1052
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 1052 Author: Garrick
As Amended: April 26, 2012
Hearing Date: June 26, 2012
Consultant: Paul Donahue
SUBJECT
Land exchange: State Parks and the City of Carlsbad
DESCRIPTION
Authorizes the Department of General Services (DGS), agent
for the Department of Parks and Recreation (DPR), to enter
into an agreement with the City of Carlsbad 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 based on fair market
value and on a determination by DGS 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 any
difference in appraisal value of the property to be
exchanged, if the state is found to be receiving less
value, and for the reasonable administrative costs
incurred to complete the title transfer.
4)Provides that the City is solely responsible for
compliance with the California Environmental Quality Act
(CEQA) in connection with the transfer of property
AB 1052 (Garrick) continued
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ownership and with applicable federal law-the Land Water
Conservation Fund Act of 1965.
EXISTING 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)Directs DPR to operate the state park system.
3)Provides that a buyer or transferee of state property
shall be subject to CEQA and any local governmental
entitlement or land use restrictions.
4)The federal Land and Water Conservation Fund Act of 1965
(LWCF) prohibits conversion of any property acquired or
developed with federal funds to purposes other than
public outdoor recreational use. The federal LWCF Act
authorizes the Secretary of the Interior to approve a
land conversion if it complies with a state outdoor
recreation plan, and a replacement property will be of
equal fair market value and recreational usefulness.
BACKGROUND
1)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 LWCF Act."
2)Background : The land transfer proposed in this bill
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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 states that DPR has
had an interest in the acquisition of City property with
the hope of providing additional recreational
opportunities.
The City intends to use the land acquired from this
transfer to create a T-intersection at Carlsbad 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 by the fact that a
portion of SC State Beach was acquired utilizing LWCF
funds. Because federal funds were utilized to improve
state parks for open access, the state park thereby is
burdened with federal restrictions providing that any
land traded or acquired must meet or exceed the
recreational value, acreage, and appraised value of the
land to be exchanged. In addition, the transfer must be
first approved by the federal government.
PRIOR/RELATED LEGISLATION
AB 384 (Chesbro) Chapter 173, Statutes 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.
SUPPORT: None on file
OPPOSE: None on file
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FISCAL COMMITTEE: Senate Appropriations Committee
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