Bill Text: CA SB829 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Local government: City of Escalon: sale of property.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-07-10 - Chaptered by Secretary of State. Chapter 119, Statutes of 2014. [SB829 Detail]

Download: California-2013-SB829-Introduced.html

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BILL NUMBER: SB 829	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani

                        JANUARY 6, 2014

   An act relating to parks, declaring the urgency thereof, to take
effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 829, as introduced, 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 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. 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, including but not limited to, using
the property only for the purposes for which the grant was made and
to make 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 for City of escalon.
   (3) 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:

  SECTION 1.  (a) The City of Escalon may sell parcels 247-130-34 and
247-130-35 located at 19401 Dahlin Road, in the County of San
Joaquin if all of the following conditions are met:
   (1) The city complies with Section 5096.343 of the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692
(commencing with Section 5096.300) of Division 5 of the Public
Resources Code), and submits to the Department of Parks and
Recreation a proposal demonstrating compliance with that section.
   (2) The city submits to the department a proposal containing all
of the following:
   (A) The sale price and acquisition price of the original
grant-funded property and the replacement property, along with a
finding that the replacement property has a value that equals the
amount of the grant used to acquire the original property, the
fairmarket value of that real property, or the proceeds from the
sale, whichever is greater.
   (B) A commitment by the city to file a deed restriction on the
replacement property, if the proposal is approved by the department.
   (C) Current appraisals of both properties, along with a
third-party review of the appraisals.
   (D) A willing seller letter for the replacement property to be
acquired.
   (E) A parcel map of the replacement property to be acquired and
the proposed new site.
   (F) A conceptual site plan for the replacement property, if the
property requires development for public use.
   (G) A commitment by the city to develop the replacement property
for recreational purposes.
   (b) The sale of the original property and purchase of the
replacement property pursuant to subdivision (a) shall not occur
until the department determines that all of the conditions set forth
in subdivision (a) have been met.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances if the purchase of the original
property by the City of Escalon and the limits placed on the use,
including the sale of that property by the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the
Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section
5096.300) of division 5 of the Public Resources Code).
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To facilitate the timely use of grant funds and the development of
parkland in the City of Escalon, it is necessary that this act take
effect immediately.