Bill Text: CA SB475 | 2023-2024 | Regular Session | Amended

California Senate Bill 475

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Park property: City of Laguna Woods: City Centre Park.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-09-30 - Chaptered by Secretary of State. Chapter 287, Statutes of 2023. [SB475 Detail]

Download: California-2023-SB475-Amended.html

Amended IN Senate March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 475

Introduced by Senator Min

February 14, 2023

An act to add Section 5096.634 to the Public Resources Code, relating to park property.

LEGISLATIVE COUNSEL'S DIGEST

SB 475, as amended, Min. Park property: City of Laguna Woods: City Centre Park.

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 authorizes the issuance of bonds for the purpose of financing state parks, local assistance programs, land, air, and water conservation, and historical and cultural resource preservation, as specified.
This bill would authorize the City of Laguna Woods, until January 1, 2029, to dispose of all or a portion of City Centre Park acquired, developed, or improved with grant moneys from the bond act described above, subject to the acquisition of replacement park property, as approved by the Department of Parks and Recreation, to be used for park purposes in perpetuity, and at no cost to the state, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.
The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes the issuance of bonds 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. That bond act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including, but not limited to, using the property only for the purposes for which the grant was made and making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.
~~This bill would provide that it is the intent of the Legislature to enact subsequent legislation related to the City Centre Park in the City of Laguna Woods.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 5096.634 is added to the Public Resources Code, immediately following Section 5096.633, to read:

5096.634.
(a) For purposes of this section, the following definitions apply:
(1) “City” means the City of Laguna Woods.
(2) “City Centre Park property” means the portion of City Centre Park to be removed from public recreation use by the City of Laguna Woods pursuant to subdivision (d).
(3) “Department” means the Department of Parks and Recreation.
(b) It is the intent of the Legislature that the removal of park property and the acquisition of replacement park property authorized under this section is for the sole purpose of increasing recreational opportunities in the city and not to facilitate industrial development.
(c) Replacement park property shall be acquired, developed as a park, and open to the public within three years of the city removing City Centre Park from public recreation.
(d) Notwithstanding any other law, no later than January 1, 2029, the city may remove from public recreation use all, or a portion of, City Centre Park acquired, developed, or improved with grant moneys from this chapter, subject to the acquisition of replacement park property, as approved by the department, to be used for park purposes in perpetuity, subject to all applicable requirements of this chapter, and at no cost to the state, if all of the following requirements are met:
(1) The city obtains an independent appraisal of the fair market value of the City Centre Park property, as approved by the department, and submits the appraisal to the department no later than January 1, 2029.
(2) The city obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department no later than January 1, 2029.
(3) The fair market value of the proposed replacement park property is equal to or greater than the highest of the following:
(A) The original amount of the grant received by the city for the acquisition or development of the City Centre Park property.
(B) The fair market value of the City Centre Park property.
(C) The actual sales price of the City Centre Park property.
(4) The recreational utility to the public of the proposed replacement park property is equal to or greater than that of the City Centre Park property, as approved by the department.
(5) No later than January 1, 2029, the city provides the department with all of the following:
(A) Preliminary title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record affecting title to the City Centre Park property and the proposed replacement park property.
(B) A written environmental site assessment on the proposed replacement park property that describes the presence, absence, and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property.
(C) A written attestation from the city regarding the presence and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property, including whether the city objects to those hazardous substances, environmental problems, faults, defects, or violations.
(D) A written feasibility study that evaluates the suitability of the proposed replacement park property for public recreation.
(E) A complete and detailed list of the “permitted exceptions” listed in the preliminary title reports for the City Centre Park property and the proposed replacement park property that the city and current owner of the proposed replacement park property have agreed on.
(F) A complete and detailed list of all rights, liens, mortgages, and bonds that remain in force against both the City Centre Park property and the proposed replacement park property, and the details of all agreements between the city and the current owner of the proposed replacement park property regarding the nature, payment, or retirement of those rights, liens, mortgages, and bonds.
(G) A plan for development of the replacement park property that shall be available for public recreation within three years of acquisition.
(6) No later than January 1, 2029, and before the city removes the City Centre Park property from public recreation, the city provides the department with final title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record, including a detailed list of the “permitted exceptions” listed in the final title reports, that the city and current owner of the replacement park property have agreed on, that affect title to the City Centre Park property or the proposed replacement park property.
(7) No later than January 1, 2029, and before the city’s acquisition of the proposed replacement park property, the owner of the proposed replacement park property corrects all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property that the city objected to in the written attestation provided to the department pursuant to subparagraph (C) of paragraph (5).
(8) No later than January 1, 2029, and before the city’s acquisition of the proposed replacement park property, the city provides the department with a detailed written report of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property that have been corrected and a list of all those hazardous substances, environmental problems, faults, defects, or violations that have not been corrected.
(9) Upon satisfaction of the requirements of paragraphs (1) to (8), inclusive, and before the city removes the City Centre Park property from recreation use, the city enters into a final written agreement with the department, approved by the department, to transfer all of the city’s responsibilities and obligations pursuant to any grant contract applicable to the City Centre Park property to the proposed replacement park property in perpetuity.
(e) Replacement park property acquired pursuant to subdivision (d) shall be used for public park purposes within three years of acquisition and shall be subject to all applicable requirements of this chapter.
(f) Replacement park property acquired pursuant to subdivision (d) shall be acquired before or simultaneously with removal of the City Centre Park property from public recreation pursuant to subdivision (d).

SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the City Centre Park property in the City of Laguna Woods and the desire of the city to increase public safety and emergency response times.

SECTION 1.
~~It is the intent of the Legislature to enact subsequent legislation related to the City Centre Park in the City of Laguna Woods.~~