SB 829, as amended, Galgiani. Local government: City of Escalon: sale of property.
(1) Existing law provides for the acquisition of public park property and facilities and compensation for that transfer under specified circumstances.
The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes the issuance of bondsbegin delete,end delete for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river, and coastal resources, as specified. The act allocates a portion of the revenues derived from the sale of those bonds to the Department of Parks and Recreation for grants to local agencies for the
acquisition, development, improvement, rehabilitation, restoration, enhancement, and interpretation of local park and recreational lands and facilities, including renovation of recreational facilities conveyed to local agencies resulting from the downsizing or decommissioning of federal military installations.
The act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, includingbegin insert,end insert but not limited to, using the property only for the purposes for which the grant was made andbegin delete to makeend deletebegin insert makingend insert no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature. The act requires that if the
use of the property is changed to a use that is not permitted by the act or if the property is sold or otherwise disposed of, an amount equal to the amount of the grant, the fair market value of the real property, as specified, or the proceeds from the sale or other disposition be used by the grantee for a purpose authorized by the act or that this amount be reimbursed to the fund.
This bill would authorize the City of Escalon to sell specified property acquired pursuant to this grant program, conditioned upon, among other things, a requirement that the city complies with the requirements of the Villaraigosa-Keeley Act. The bill would prohibit the transfer until the department determines that all required conditions have been met.
This bill would make legislative findings and declarations as to the necessity of a special statute forbegin insert
theend insert City ofbegin delete escalonend deletebegin insert Escalonend insert.
(3)
end deletebegin insert(2)end insert This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) The City of Escalon may sell parcels
2247-130-34 and 247-130-35 located at 19401 Dahlin Road, in the
3County of San Joaquinbegin insert,end insert if all of the following conditions are met:
4(1) The city complies with Section 5096.343 ofbegin delete the Safe the Public Resources
5Neighborhood Parks, Clean Water, Clean Air, and Coastal
6Protection Bond Act of 2000 (the Villaraigosa-Keeley Act)
7(Chapter 1.692 (commencing with Section 5096.300) of Division
85 ofend deletebegin delete Code),end deletebegin insert
Codeend insert and submits to the
9Department of Parks and Recreation a proposal demonstrating
10compliance with that section.
11(2) The city submits to the department a proposalbegin delete containingend delete
12begin insert that contains end insert all of the following:
13(A) The sale price and acquisition price of the original
14grant-funded property and the replacement property,begin insert respectively,end insert
15 along with a finding that the replacement property has a value that
16equals the amount of the grant used to acquire the original property,
P3 1thebegin delete fairmarketend deletebegin insert
fair marketend insert value of that real property, or the
2proceeds from the sale, whichever is greater.
3(B) A commitment by the city to file a deed restriction on the
4replacement property, if the proposal is approved by the
5department.
6(C) Current appraisals of both properties, along with a
7third-party review of the appraisals.
8(D) A willing seller letter for the replacement property to be
9acquired.
10(E) A parcel map of the replacement property to be acquired
11and the proposed new site.
12(F) A conceptual site plan for the replacement property, if the
13property requires development
for public use.
14(G) A commitment by the city to develop the replacement
15property for recreational purposes.
16(b) The sale of the original property and purchase of the
17replacement property pursuant to subdivision (a) shall not occur
18until the department determines that all of the conditions set forth
19in subdivision (a) have been met.
The Legislature finds and declares that a special law
21is necessary and that a general law cannot be made applicable
22within the meaning of Section 16 of Article IV of the California
23Constitution because of the unique circumstances if the purchase
24of the original property by the City of Escalon and the limits placed
25on the use, including the sale of that property by the Safe
26Neighborhood Parks, Clean Water, Clean Air, and Coastal
27Protection Bond Act of 2000 (the Villaraigosa-Keeley Act)
28(Chapter 1.692 (commencing with Section 5096.300) ofbegin delete divisionend delete
29begin insert
Divisionend insert 5 of the Public Resources Code).
This act is an urgency statute necessary for the
31immediate preservation of the public peace, health, or safety within
32the meaning of Article IV of the Constitution and shall go into
33immediate effect. The facts constituting the necessity are:
34To facilitate the timely use of grant funds and the development
35of parkland in the City of Escalon, it is necessary that this act take
36effect immediately.
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