The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. 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 making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

The Community Parklands Act of 1986 authorizes the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. The act requires the applicant to agree that the property acquired or developed with these funds be used only for the purposes for which the funds were requested and that no other use of the property be used unless permitted by a specific act of the Legislature.

Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant moneys from the above acts, subject to the acquisition of property of equal or greater value, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. 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 making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

The Community Parklands Act of 1986 authorizes the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. The act requires the applicant to agree that the property acquired or developed with these funds be used only for the purposes for which the funds were requested and that no other use of the property be used unless permitted by a specific act of the Legislature.

Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant moneys from the above acts, subject to the acquisition of property of equal or greater value, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. 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 making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

The Community Parklands Act of 1986 authorizes the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. The act requires the applicant to agree that the property acquired or developed with these funds be used only for the purposes for which the funds were requested and that no other use of the property be used unless permitted by a specific act of the Legislature.

Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant moneys from the above acts, subject to the acquisition of property of equal or greater recreational value, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. 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 making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

The Community Parklands Act of 1986 authorizes the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. The act requires the applicant to agree that the property acquired or developed with these funds be used only for the purposes for which the funds were requested and that no other use of the property be used unless permitted by a specific act of the Legislature.

Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant moneys from the above acts, subject to the acquisition of property of equal or greater recreation recreational value, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. 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 making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

The Community Parklands Act of 1986 authorizes the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. The act requires the applicant to agree that the property acquired or developed with these funds be used only for the purposes for which the funds were requested and that no other use of the property be used unless permitted by a specific act of the Legislature.

Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant moneys from the above acts, subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

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 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.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant money, moneys from the above acts, subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state. state, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

The Roberti-Zberg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. The act requires the property acquired or developed with the grant money to be used by the grant recipient only for the purpose for which the grant moneys were requested and prohibits any other use of the area except by a specific act of the Legislature. Existing law generally provides that a recreation and park district may acquire any real or personal property within or outside the district, to hold, manage, occupy, or dispose of, as provided.

This bill would authorize the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with the grant money, subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state.

This bill would declare that it is to take effect immediately as an urgency statute.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1330

Author:(Reyes)

As Amended Ver:August 24, 2018

2/3 vote. Urgency

Original Committee Reference: L. GOV.

SUMMARY: Allows the Bloomington Recreation and Park District (BRPD) to dispose of property used for park purposes at Ayala Park, subject to certain conditions.

The Senate amendments:

1. Require replacement park property to be acquired prior to disposing of Ayala Park property.
2. Declare the Legislature's intent that the disposition of park property and the acquisition of replacement property of equal or greater recreational value authorized under this bill is for the sole purpose of increasing recreational opportunities in the unincorporated community of Bloomington and not to facilitate industrial development.
3. Make a minor clarifying change.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill allows the BRPD in San Bernardino County to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:
   1. The California Park and Recreational Facilities Act of 1984;
   2. The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (also known as the Villaraigosa-Keeley Act);
   3. The Roberti-Z'berg-Harris Urban Open-Space and Recreation Program Act (RZH Act); and,
   4. The Community Parklands Act of 1986.

Any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the Acts listed above. The disposal of Ayala Park is subject to the acquisition of property of equal or greater value, as approved by the Department of Parks and Recreation, at no cost to the state. The replacement park property must be acquired prior to disposing of Ayala Park property.

This bill declares the Legislature's intent that the disposition of park property and the acquisition of replacement property authorized under this bill is for the sole purpose of increasing recreational opportunities in the unincorporated community of Bloomington and not to facilitate industrial development. This bill contains an urgency clause.

This bill is sponsored by San Bernardino County.

1. Author's Statement. According to the author, "Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.

"The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.

"A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found [that] 76% of youth households noted personal safety as a major concern, and 35% indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and [improve] public health."

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. Ayala Park is located close to the I-10 highway in a primarily industrial area.

State bond money from the California Park and Recreational Facilities Act, the Villaraigosa-Keeley Act, RZH Program Act, and the Community Parklands Act was used to maintain the park. These Acts require that park property purchased or maintained with funds from the Acts be used only for the purposes for which the funds were requested, unless amended by an act of the Legislature.

In 2016, the Bloomington Recreation and Park District distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, "numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children."

In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land on which to relocate the park, but must receive approval from the Legislature in order to dispose of the current park property.

1. Urgency Clause. This bill contains an urgency clause and requires a 2/3 vote of each house.
2. Arguments in Support. San Bernardino County writes, in support, "In response to the concerns raised by the residents, the County has identified a potential relocation area that would complement the new community library, better serve existing and new neighborhoods, and provide increased opportunities for physical activity through interconnected open space. BRPD utilized State Park Bond funds at Ayala Park to undertake minor building renovations. The Bond Fund contracts covenant the Park and restrict relocation without seeking approval of the State Legislature. The County is seeking the State Legislature to approve this bill to allow relocation of the park to a more accessible and environmentally suitable site. this bill would help enhance access to recreational opportunities, accommodate public health concerns, and improve the overall well-being of the residents in Bloomington by authorizing the County of San Bernardino to relocate Ayala Park to a more appropriate location."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0004917

 THIRD READING  

Bill No: AB 1330

Author: Reyes

: 8/24/18

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/12/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 26-0, 8/29/18 (FAIL)

AYES: Allen, Atkins, Beall, Bradford, De León, Delgado, Dodd, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener

NO VOTE RECORDED: Anderson, Bates, Berryhill, Cannella, Chang, Fuller, Gaines, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak, Wilk

ASSEMBLY FLOOR: 77-0, 5/22/17 - See last page for vote

SUBJECT: Park property: Ayala Park

SOURCE: San Bernardino County

DIGEST:

This bill allows the Bloomington Recreation and Park District to dispose of specified property used for parks purposes, subject to certain conditions.

Senate Floor Amendments of 8/24/18 require replacement land acquired by the District to have equal or greater value of any kind, instead of only recreational value.

ANALYSIS:

Existing law:

1. Provides, pursuant to the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (RZH Program Act), annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need.
2. Requires recipients of grants received under the RZH Program Act to agree to use park property only for the purposes for which the grant money was requested, unless amended by an act of the Legislature.
3. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

This bill:

1. Authorizes the Bloomington Recreation and Park District (BRPD) to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:
   1. California Park and Recreational Facilities Act of 1984.
   2. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 also known as the Villaraigosa-Keeley Act.
   3. RZH Program Act.
   4. Community Parklands Act of 1986.
2. Requires the disposal of Ayala Park to be subject to the acquisition of property of equal or greater value, as approved by the Department of Parks and Recreation, and at no cost to the state.
3. Requires that any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the above listed Acts.
4. Requires the replacement park property to be acquired prior to disposing of Ayala Park property.
5. Declares the Legislature’s intent that the transferred property be used for recreational purposes and not for industrial purposes.
6. Contains an urgency clause.

Background

Park funding programs. The Legislature has adopted, and the voters have approved, a number of measures to assist local agencies in funding parks and recreational services throughout California’s communities, including:

• The RZH Program Act (AB 174, Roberti, 1976) annually grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. Property acquired or developed with grant money from the RZH Program Act must be used by the grant recipient only for the purpose the grant moneys were requested.
• The Park and Recreational Facilities Act (AB 2099, Farr, 1984) placed Proposition 18 on the statewide ballot, where voters approved the issuance of $370 million in bonds to provide funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resource preservation purposes.
• The Community Parklands Act (SB 806, Presley, 1986) placed Proposition 43 on the statewide ballot where the voters approved the issuance of $100 million in bonds to finance grants to counties, cities, and districts on the basis of their populations for neighborhood, community, and regional parks, among other things. This Act requires the applicant to agree that the property acquired or developed with these funds will be used only for the purposes for which the funds were requested and that no other use of the property will be allowed, unless permitted by a specific act of the Legislature.
• The Villaraigosa-Keeley Act (AB 18, Villaraigosa, 1999) placed Proposition 12 on the statewide ballot where, the voters approved the issuance of $2.1 billion in bonds to finance 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. The Villaraigosa-Keeley Act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including 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.

Bloomington Recreation and Park District. The BRPD was established by the County of San Bernardino Board of Supervisors on July 19, 1972. BRPD is a dependent special district as the San Bernardino County Board of Supervisors serves as the board of directors for the district, and it maintains the Ayala and Kessler Parks, an equestrian arena, sports fields, and a community center. Ayala Park is located close to the I-10 highway in a primarily industrial area. State bond money was used to maintain the park for minor building renovations. As a condition of receiving a grant from the state, limitations are placed on the property’s uses and the district’s ability to sell or dispose of the property.

In 2016, BRPD distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, “numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.” In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

Comments

Purpose of the bill. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development. The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children. A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found that 76 percent of youth households noted personal safety as a major concern, and 35 percent indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and improve public health.”

Trust but verify. While AB 1330 does require that any land acquired must be used for the same purposes as Ayala Park, this bill does not provide a mechanism for limiting the future uses of the replacement park. For instance, SB 829 (Galgiani, Chapter 119, Statutes of 2014) authorized the City of Escalon to sell parkland it had acquired using bond funds on the condition that it purchase replacement parkland that is accompanied by a deed restriction preventing the conversion of the land to other uses.

Urgency. As an urgency statute, AB 1330 must be approved by 2/3 vote of each house of the Legislature. Regular legislation takes effect on the January 1 following its passage, but urgency bills take effect as soon as they're passed, signed, and chaptered.

Related/Prior Legislation

The Legislature has allowed several other local governments to transfer or sell park property acquired or developed with state bond funds to other public entities for uses other than parkland on the condition that the cities or entities provide replacement property, including:

SB 1027 (Nielsen, Chapter 232, Statutes of 2016) allowed the County of Tehama to transfer park lands to the Evergreen Union School District.

SB 829 (Galgiani, Chapter 119, Statutes of 2014) allowed the City of Escalon to sell park facilities after a proposed development did not occur, in order to acquire parkland closer to the City.

AB 1732 (Hall, Chapter 191, Statutes of 2010) allowed the City of Los Angeles to transfer parkland and facilities to the Los Angeles Unified School District.

AB 123 (Nunez, Chapter 260, Statutes of 2007) allowed the City of Huntington Park to transfer parkland to the Los Angeles Unified School District.

AB 1457 (Baca, Chapter 852, Statutes of 2006) allowed the City of San Bernardino to transfer up to 12.5 acres of park land to the city’s redevelopment agency.

AB 1864 (Matthews, Chapter 558, Statutes of 2006) allowed the City of Merced to transfer up to three acres of park land to the Merced City School District.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/27/18)

San Bernardino County (source)

OPPOSITION: (Verified 8/27/18)

None received

ASSEMBLY FLOOR: 77-0, 5/22/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bonta, Chen, Nazarian

Prepared by:

8/30/18 10:22:54

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1330

Author:(Reyes)

As Amended Ver:August 16, 2018

2/3 vote. Urgency

Original Committee Reference: L. GOV.

SUMMARY: Allows the Bloomington Recreation and Park District (BRPD) to dispose of property used for park purposes at Ayala Park, subject to certain conditions.

The Senate amendments:

1. Require replacement park property to be acquired prior to disposing of Ayala Park property.
2. Declare the Legislature's intent that the disposition of park property and the acquisition of replacement property of equal or greater recreational value authorized under this bill is for the sole purpose of increasing recreational opportunities in the unincorporated community of Bloomington and not to facilitate industrial development.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill allows the BRPD in San Bernardino County to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:
   1. The California Park and Recreational Facilities Act of 1984;
   2. The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (also known as the Villaraigosa-Keeley Act);
   3. The Roberti-Z'berg-Harris Urban Open-Space and Recreation Program Act (RZH Act); and,
   4. The Community Parklands Act of 1986.

Any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the Acts listed above. The disposal of Ayala Park is subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, at no cost to the state. The replacement park property must be acquired prior to disposing of Ayala Park property.

This bill declares the Legislature's intent that the disposition of park property and the acquisition of replacement property authorized under this bill is for the sole purpose of increasing recreational opportunities in the unincorporated community of Bloomington and not to facilitate industrial development. This bill contains an urgency clause.

This bill is sponsored by San Bernardino County.

1. Author's Statement. According to the author, "Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.

"The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.

"A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found [that] 76% of youth households noted personal safety as a major concern, and 35% indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and [improve] public health."

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. Ayala Park is located close to the I-10 highway in a primarily industrial area.

State bond money from the California Park and Recreational Facilities Act, the Villaraigosa-Keeley Act, the RZH Program Act, and the Community Parklands Act was used to maintain the park. These Acts require that park property purchased or maintained with funds from the Acts be used only for the purposes for which the funds were requested, unless amended by an act of the Legislature.

In 2016, the Bloomington Recreation and Park District distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, "numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children."

In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land on which to relocate the park, but must receive approval from the Legislature in order to dispose of the current park property.

1. Urgency Clause. This bill contains an urgency clause and requires a 2/3 vote of each house.
2. Arguments in Support. San Bernardino County writes, in support, "In response to the concerns raised by the residents, the County has identified a potential relocation area that would complement the new community library, better serve existing and new neighborhoods, and provide increased opportunities for physical activity through interconnected open space. BRPD utilized State Park Bond funds at Ayala Park to undertake minor building renovations. The Bond Fund contracts covenant the Park and restrict relocation without seeking approval of the State Legislature. The County is seeking the State Legislature to approve AB 1330 to allow relocation of the park to a more accessible and environmentally suitable site. AB 1330 would help enhance access to recreational opportunities, accommodate public health concerns, and improve the overall well-being of the residents in Bloomington by authorizing the County of San Bernardino to relocate Ayala Park to a more appropriate location."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0004497

 THIRD READING  

Bill No: AB 1330

Author:

: 8/16/18

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/12/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/22/17 - See last page for vote

SUBJECT: Park property: Ayala Park

SOURCE: San Bernardino County

DIGEST:

This bill allows the Bloomington Recreation and Park District to dispose of specified property used for parks purposes, subject to certain conditions.

Senate Floor Amendments of 8/16/18 declare the Legislature’s intent that the transferred property be used for recreational purposes and not for industrial purposes.

ANALYSIS:

Existing law:

1. Provides, pursuant to the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (RZH Program Act), annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need.
2. Requires recipients of grants received under the RZH Program Act to agree to use park property only for the purposes for which the grant money was requested, unless amended by an act of the Legislature.
3. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

This bill:

1. Authorizes the Bloomington Recreation and Park District (BRPD) to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:
   1. California Park and Recreational Facilities Act of 1984.
   2. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 also known as the Villaraigosa-Keeley Act.
   3. RZH Program Act.
   4. Community Parklands Act of 1986.
2. Requires the disposal of Ayala Park to be subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state.
3. Requires that any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the above listed Acts.
4. Requires the replacement park property to be acquired prior to disposing of Ayala Park property.
5. Declares the Legislature’s intent that the transferred property be used for recreational purposes and not for industrial purposes.
6. Contains an urgency clause.

Background

Park funding programs. The Legislature has adopted, and the voters have approved, a number of measures to assist local agencies in funding parks and recreational services throughout California’s communities, including:

• The RZH Program Act (AB 174, Roberti, 1976) annually grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. Property acquired or developed with grant money from the RZH Program Act must be used by the grant recipient only for the purpose the grant moneys were requested.
• The Park and Recreational Facilities Act (AB 2099, Farr, 1984) placed Proposition 18 on the statewide ballot, where voters approved the issuance of $370 million in bonds to provide funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resource preservation purposes.
• The Community Parklands Act (SB 806, Presley, 1986) placed Proposition 43 on the statewide ballot where the voters approved the issuance of $100 million in bonds to finance grants to counties, cities, and districts on the basis of their populations for neighborhood, community, and regional parks, among other things. This Act requires the applicant to agree that the property acquired or developed with these funds will be used only for the purposes for which the funds were requested and that no other use of the property will be allowed, unless permitted by a specific act of the Legislature.
• The Villaraigosa-Keeley Act (AB 18, Villaraigosa, 1999) placed Proposition 12 on the statewide ballot where, the voters approved the issuance of $2.1 billion in bonds to finance 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. The Villaraigosa-Keeley Act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including 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.

Bloomington Recreation and Park District. The BRPD was established by the County of San Bernardino Board of Supervisors on July 19, 1972. BRPD is a dependent special district as the San Bernardino County Board of Supervisors serves as the board of directors for the district, and it maintains the Ayala and Kessler Parks, an equestrian arena, sports fields, and a community center. Ayala Park is located close to the I-10 highway in a primarily industrial area. State bond money was used to maintain the park for minor building renovations. As a condition of receiving a grant from the state, limitations are placed on the property’s uses and the district’s ability to sell or dispose of the property.

In 2016, BRPD distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, “numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.” In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

Comments

Purpose of the bill. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development. The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children. A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found that 76 percent of youth households noted personal safety as a major concern, and 35 percent indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and improve public health.”

Trust but verify. While AB 1330 does require that any land acquired must be used for the same purposes as Ayala Park, this bill does not provide a mechanism for limiting the future uses of the replacement park. For instance, SB 829 (Galgiani, Chapter 119, Statutes of 2014) authorized the City of Escalon to sell parkland it had acquired using bond funds on the condition that it purchase replacement parkland that is accompanied by a deed restriction preventing the conversion of the land to other uses.

Urgency. As an urgency statute, AB 1330 must be approved by 2/3 vote of each house of the Legislature. Regular legislation takes effect on the January 1 following its passage, but urgency bills take effect as soon as they're passed, signed, and chaptered.

Related/Prior Legislation

The Legislature has allowed several other local governments to transfer or sell park property acquired or developed with state bond funds to other public entities for uses other than parkland on the condition that the cities or entities provide replacement property, including:

SB 1027 (Nielsen, Chapter 232, Statutes of 2016) allowed the County of Tehama to transfer park lands to the Evergreen Union School District.

SB 829 (Galgiani, Chapter 119, Statutes of 2014) allowed the City of Escalon to sell park facilities after a proposed development did not occur, in order to acquire parkland closer to the City.

AB 1732 (Hall, Chapter 191, Statutes of 2010) allowed the City of Los Angeles to transfer parkland and facilities to the Los Angeles Unified School District.

AB 123 (Nunez, Chapter 260, Statutes of 2007) allowed the City of Huntington Park to transfer parkland to the Los Angeles Unified School District.

AB 1457 (Baca, Chapter 852, Statutes of 2006) allowed the City of San Bernardino to transfer up to 12.5 acres of park land to the city’s redevelopment agency.

AB 1864 (Matthews, Chapter 558, Statutes of 2006) allowed the City of Merced to transfer up to three acres of park land to the Merced City School District.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/20/18)

San Bernardino County (source)

OPPOSITION: (Verified 8/20/18)

None received

ASSEMBLY FLOOR: 77-0, 5/22/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bonta, Chen, Nazarian

Prepared by:

8/20/18 16:25:20

**** END ****

 THIRD READING  

Bill No: AB 1330

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/12/17

AYES: McGuire, Nguyen, Beall, Hernandez, Hertzberg, Lara, Moorlach

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/22/17 - See last page for vote

SUBJECT:

SOURCE: San Bernardino County

DIGEST:

This bill allows the Bloomington Recreation and Park District to dispose of specified property used for parks purposes, subject to certain conditions.

ANALYSIS:

Existing law:

1. Provides, pursuant to the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (RZH Program Act), annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need.
2. Requires recipients of grants received under the RZH Program Act to agree to use park property only for the purposes for which the grant money was requested, unless amended by an act of the Legislature.
3. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

This bill:

1. Authorizes the Bloomington Recreation and Park District (BRPD) to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:
   1. California Park and Recreational Facilities Act of 1984.
   2. Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 also known as the Villaraigosa-Keeley Act.
   3. RZH Program Act.
   4. Community Parklands Act of 1986.
2. Requires the disposal of Ayala Park to be subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state.
3. Requires that any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the above listed Acts.
4. Requires the replacement park property to be acquired prior to disposing of Ayala Park property.
5. Contains an urgency clause.

Background

Park funding programs. The Legislature has adopted, and the voters have approved, a number of measures to assist local agencies in funding parks and recreational services throughout California’s communities, including:

• The RZH Program Act (AB 174, Roberti, 1976) annually grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. Property acquired or developed with grant money from the RZH Program Act must be used by the grant recipient only for the purpose the grant moneys were requested.
• The Park and Recreational Facilities Act (AB 2099, Farr, 1984) placed Proposition 18 on the statewide ballot, where voters approved the issuance of $370 million in bonds to provide funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resource preservation purposes.
• The Community Parklands Act (SB 806, Presley, 1986) placed Proposition 43 on the statewide ballot where the voters approved the issuance of $100 million in bonds to finance grants to counties, cities, and districts on the basis of their populations for neighborhood, community, and regional parks, among other things. This Act requires the applicant to agree that the property acquired or developed with these funds will be used only for the purposes for which the funds were requested and that no other use of the property will be allowed, unless permitted by a specific act of the Legislature.
• The Villaraigosa-Keeley Act (AB 18, Villaraigosa, 1999) placed Proposition 12 on the statewide ballot where, the voters approved the issuance of $2.1 billion in bonds to finance 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. The Villaraigosa-Keeley Act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including 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.

Bloomington Recreation and Park District. The BRPD was established by the County of San Bernardino Board of Supervisors on July 19, 1972. BRPD is a dependent special district as the San Bernardino County Board of Supervisors serves as the board of directors for the district, and it maintains the Ayala and Kessler Parks, an equestrian arena, sports fields, and a community center. Ayala Park is located close to the I-10 highway in a primarily industrial area. State bond money was used to maintain the park for minor building renovations. As a condition of receiving a grant from the state, limitations are placed on the property’s uses and the district’s ability to sell or dispose of the property.

In 2016, BRPD distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, “numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.” In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

Comments

Purpose of the bill. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development. The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children. A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found that 76 percent of youth households noted personal safety as a major concern, and 35 percent indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and improve public health.”

Trust but verify. While AB 1330 does require that any land acquired must be used for the same purposes as Ayala Park, this bill does not provide a mechanism for limiting the future uses of the replacement park. For instance, SB 829 (Galgiani, 2014) authorized the City of Escalon to sell parkland it had acquired using bond funds on the condition that it purchase replacement parkland that is accompanied by a deed restriction preventing the conversion of the land to other uses.

Urgency. As an urgency statute, AB 1330 must be approved by 2/3 vote of each house of the Legislature. Regular legislation takes effect on the January 1 following its passage, but urgency bills take effect as soon as they're passed, signed, and chaptered.

Related/Prior Legislation

The Legislature has allowed several other local governments to transfer or sell park property acquired or developed with state bond funds to other public entities for uses other than parkland on the condition that the cities or entities provide replacement property, including:

• AB 1864 (Matthews, Chapter 558, Statutes of 2006) allowed the City of Merced to transfer up to three acres of park land to the Merced City School District.
• AB 1457 (Baca, Chapter 852, Statutes of 2006) allowed the City of San Bernardino to transfer up to 12.5 acres of park land to the city’s redevelopment agency.
• AB 123 (Nunez, Chapter 260, Statutes of 2007) allowed the City of Huntington Park to transfer parkland to the Los Angeles Unified School District.
• AB 1732 (Hall, Chapter 191, Statutes of 2010) allowed the City of Los Angeles to transfer parkland and facilities to the Los Angeles Unified School District.
• SB 829 (Galgiani, Chapter 119, Statutes of 2014) allowed the City of Escalon to sell park facilities after a proposed development did not occur, in order to acquire parkland closer to the City.
• SB 1027 (Nielsen, Chapter 232, Statutes of 2016) allowed the County of Tehama to transfer park lands to the Evergreen Union School District.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/22/17)

San Bernardino County (source)

OPPOSITION: (Verified 8/22/17)

None received

ASSEMBLY FLOOR: 77-0, 5/22/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bonta, Chen, Nazarian

Prepared by:

8/24/17 8:36:16

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2017 - 2018 Regular

Park property: Ayala Park

Allows the Bloomington Recreation and Parks District to dispose of specified property used for parks purposes, subject to certain conditions.

Background

Park Funding Programs. The Legislature has adopted, and the voters have approved, a number of measures to assist local agencies in funding parks and recreational services throughout California’s communities, including:

• The Roberti-Z’berg-Harris (RZH) Urban Open-Space and Recreation Program Act (AB 174, Roberti, 1976) annually grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. Property acquired or developed with grant money from the RZH Program Act must be used by the grant recipient only for the purpose the grant moneys were requested.
  • • • The Park and Recreational Facilities Act (AB 2099, Farr, 1984) placed Proposition 18 on the statewide ballot, where voters approved the issuance of $370 million in bonds to provide funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resource preservation purposes.
• The Community Parklands Act (SB 806, Presley, 1986) placed Proposition 43 on the statewide ballot where the voters approved the issuance of $100 million in bonds to finance grants to counties, cities, and districts on the basis of their populations for neighborhood, community, and regional parks, among other things. This Act requires the applicant to agree that the property acquired or developed with these funds will be used only for the purposes for which the funds were requested and that no other use of the property will be allowed, unless permitted by a specific act of the Legislature.
• The Villaraigosa-Keeley Act (AB 18, Villaraigosa, 1999) placed Proposition 12 on the statewide ballot where, the voters approved the issuance of $2.1 billion in bonds to finance 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. The Villaraigosa-Keeley Act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including 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.

BRPD. The Bloomington Recreation and Park District (BRPD) was established by the County of San Bernardino Board of Supervisors on July 19, 1972. BRPD is a dependent special district as the San Bernardino County Board of Supervisors serves as the board of directors for the district, and it maintains the Ayala and Kessler Parks, an equestrian arena, sports fields, and a community center. Ayala Park is located close to the I-10 highway in a primarily industrial area. State bond money was used to maintain the park for minor building renovations. As a condition of receiving a grant from the state, limitations are placed on the property’s uses and the district’s ability to sell or dispose of the property.

In 2016, BRPD distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, “numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.” In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

Proposed Law

Assembly Bill 1330 authorizes the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with grant moneys pursuant to the following:

• California Park and Recreational Facilities Act of 1984.
• Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 also known as the Villaraigosa-Keeley Act.
• Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act.
• Community Parklands Act of 1986.

The disposal of Ayala Park is subject to the acquisition of property of equal or greater recreation value, as approved by the Department of Parks and Recreation, and at no cost to the state.

This bill requires that any property acquired in exchange for Ayala Park must be used for park purposes and is subject to all applicable requirements of the above listed Acts.

AB 1330 contains an urgency clause.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development. The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children. A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found that 76 percent of youth households noted personal safety as a major concern, and 35 percent indicated the lack of facilities available to them. The impetus for the relocation is to improve recreational access to residents and improve public health.”
2. Timing is everything. AB 1330 allows BRPD to sell Ayala Park and has identified a replacement plot of land where the new park is proposed to be located. However, this bill does not provide a guarantee that the replacement park will be developed in a timely manner, especially as the land has been identified but not yet purchased. The service area of BRPD is severely disadvantaged and a relatively park poor area. Selling Ayala Park without first developing the new park may lead to a situation where this community has even fewer recreational choices. The Committee may wish to consider amending AB 1330 to require that the new park is developed prior to selling the existing Ayala Park property.
3. Trust but verify. While AB 1330 does require that any land acquired must be used for the same purposes as Ayala Park, the bill does not provide a mechanism for limiting the future uses of the replacement park. For instance, SB 829 (Galgiani, 2014) authorized the City of Escalon to sell parkland it had acquired using bond funds on the condition that it purchase replacement parkland that is accompanied by a deed restriction preventing the conversion of the land to other uses. The Committee may wish to consider if AB 1330 should require the replacement property to contain a deed restriction—binding on future owners of the land—that prevents conversion of the land to uses other than parkland or open space.
   
4. Previous legislation. The Legislature has allowed several other local governments to transfer or sell park property acquired or developed with state bond funds to other public entities for uses other than parkland on the condition that the cities or entities provide replacement property, including:

• AB 1864 (Matthews, 2006) allowed the City of Merced to transfer up to three acres of park land to the Merced City School District.
• AB 1457 (Baca, 2006) allowed the City of San Bernardino to transfer up to 12.5 acres of park land to the city’s redevelopment agency.
• AB 123 (Nunez, 2007) allowed the City of Huntington Park to transfer parkland to the Los Angeles Unified School District.
• AB 1732 (Hall, 2010) allowed the City of Los Angeles to transfer parkland and facilities to the Los Angeles Unified School District.
• SB 829 (Galgiani, 2014) allowed the City of Escalon to sell park facilities after a proposed development did not occur, in order to acquire parkland closer to the City.
• AB 1027 (Nielsen, 2016) allowed the County of Tehama to transfer park lands to the Evergreen Union School District.
  

5. Urgency. As an urgency statute, AB 1330 must be approved by 2/3 vote of each house of the Legislature. Regular legislation takes effect on the January 1 following its passage, but urgency bills take effect as soon as they're passed, signed, and chaptered.

Assembly Actions

Assembly Local Government 9-0
Assembly Appropriations 16-0
Assembly Floor 77-0

Support and Opposition

(7/7/17)

Support: San Bernardino County (Sponsor).

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1330

Author:(Reyes)

As Amended Ver:May 15, 2017

2/3 vote. Urgency

SUMMARY: Allows the Bloomington Recreation and Park District (BRPD) to dispose of specified property used for park purposes, subject to certain conditions. Specifically, this bill:

1. Authorizes the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was acquired with grant monies received pursuant to the following:
   1. The California Park and Recreational Facilities Act of 1984 (Park and Recreational Facilities Act);
   2. The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act);
   3. The Roberti-Z'berg-Harris Urban Open-Space and Recreation Act (RZH Program Act); and,
   4. The Community Parklands Act of 1986 (Community Parklands Act).
2. Requires that the park property may only be disposed of if property of equal or greater recreational value is acquired, subject to the approval of the Department of Parks and Recreation and at no cost to the state.
3. Provides that the acquired property of equal or greater recreational value must be used for Ayala Park purposes and is subject to the requirements of the Acts identified in 1), above.
4. Contains an urgency clause.

EXISTING LAW:

1. Authorizes, pursuant to the Park and Recreational Facilities Act, the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. This Act prohibits the use of 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.
2. Authorizes, pursuant to the Villaraigosa-Keeley Act, 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 Villaraigosa-Keeley 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.
3. Provides, pursuant to the RZH Program Act, annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need. Property acquired or developed with grant money from the RZH Program Act must be used by the grant recipient only for the purpose for which the grant moneys were requested. Any other use of the area is prohibited, except by a specific act of the Legislature.
4. Authorizes, pursuant to the Community Parklands Act, the issuance of bonds for the purpose of financing a grant program to counties, cities, and districts on the basis of their populations, as provided, for neighborhood, community, and regional parks, among other things. This Act requires the applicant to agree that the property acquired or developed with these funds will be used only for the purposes for which the funds were requested and that no other use of the property will be allowed, unless permitted by a specific act of the Legislature.
5. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible state fiscal impact. This bill requires approval of the state Department of Parks and Recreation for the acquisition of new property and specifies there must be no state cost.

COMMENTS:

1. Bill Summary. This bill allows the Bloomington Recreation and Park District in San Bernardino County to dispose of property used for park purposes at Ayala Park. This bill requires that the Bloomington Recreation and Park District acquire park land of equal or greater recreational value to replace the current park property. This would transfer the current location of Ayala Park to the new land acquired. The new location of Ayala Park would be subject to the same requirements of the Park and Recreational Facilities Act, the Villaraigosa-Keeley Act, the RZH Program Act, and the Community Parklands Act.

This bill is sponsored by San Bernardino County.

1. Author's Statement. According to the author, "Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.

"The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.

"A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found [that] 76% of youth households noted personal safety as a major concern, and 35% indicated the lack of facilities available to them.

"The impetus for the relocation is to improve recreational access to residents and [improve] public health."

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. Ayala Park is located close to the I-10 highway in a primarily industrial area.

State bond money from the Park and Recreational Facilities Act, the Villaraigosa-Keeley Act, the RZH Program Act, and the Community Parklands Act was used to maintain the park. These Acts require that park property purchased or maintained with funds from the Acts be used only for the purposes for which the funds were requested, unless amended by an act of the Legislature.

In 2016, the Bloomington Recreation and Park District distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, "numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children."

In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

1. Prior Legislation:
   1. SB 1027 (Nielsen), Chapter 232, Statutes of 2016, authorized the County of Tehama to transfer Evergreen Union School District specified park land, subject to the requirements of the grant program utilized to purchase and maintain the park.
   2. AB 1864 (Matthews), Chapter 558, Statutes of 2006, authorized the City of Merced to transfer Merced City School District up to three acres of specified park land to construct a new elementary school, subject to the Public Preservation Act of 1971, and provided that the City followed specific requirements.
   3. AB 1457 (Baca), Chapter 852, Statutes of 2006, authorized the City of San Bernardino to transfer up to 12.5 acres of specified park property to the Redevelopment Agency of the City of San Bernardino for sale to private development, provided that the City followed the requirements of the Public Park Preservation Act of 1971.
2. Arguments in Support. San Bernardino County writes, in support, "In response to the concerns raised by the residents, the County has identified a potential relocation area that would complement the new community library, better serve existing and new neighborhoods, and provide increased opportunities for physical activity through interconnected open space. BRPD utilized State Park Bond funds at Ayala Park to undertake minor building renovations. The Bond Fund contracts covenant the Park and restrict relocation without seeking approval of the State Legislature. The County is seeking the State Legislature to approve AB 1330 to allow relocation of the park to a more accessible and environmentally suitable site. AB 1330 would help enhance access to recreational opportunities, accommodate public health concerns, and improve the overall well-being of the residents in Bloomington by authorizing the County of San Bernardino to relocate Ayala Park to a more appropriate location."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000367

ASSEMBLY THIRD READING

ATR Bill Id:AB 1330

Author:(Reyes)

As Introduced Ver:February 17, 2017

2/3 vote. Urgency

SUMMARY: Allows the Bloomington Recreation and Park District to dispose of specified property used for park purposes, subject to certain conditions. Specifically, this bill:

1. Authorizes the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was maintained with grant money from the Roberti-Z'berg-Harris Urban Open-Space and Recreation Act (RZH Program Act).
2. Requires that the park property may only be disposed of if property of equal or greater recreational value is acquired, subject to the approval of the Department of Parks and Recreation.
3. Provides that the acquired property of equal or greater recreational value must be used for Ayala Park purposes and is subject to the requirements of the RZH Program Act.
4. Contains an urgency clause.

EXISTING LAW:

1. Provides, pursuant to the RZH Program Act, annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need.
2. Requires recipients of grants received under the RZH Program Act to agree to use park property only for the purposes for which the grant money was requested, unless amended by an act of the Legislature.
3. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible state fiscal impact. The bill requires approval of the state Department of Parks and Recreation for the acquisition of new property and specifies there must be no state cost.

COMMENTS:

1. Bill Summary. This bill allows the Bloomington Recreation and Park District in San Bernardino County to dispose of property used for park purposes at Ayala Park. This bill requires that the Bloomington Recreation and Park District acquire park land of equal or greater recreational value to replace the current park property. This would transfer the current location of Ayala Park to the new land acquired. The new location of Ayala Park would be subject to the same requirements of the RZH Program Act.

This bill is sponsored by San Bernardino County.

1. Author's Statement. According to the author, "Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.

"The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.

"A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found [that] 76% of youth households noted personal safety as a major concern, and 35% indicated the lack of facilities available to them.

"The impetus for the relocation is to improve recreational access to residents and [improve] public health."

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. Ayala Park is located close to the I-10 highway in a primarily industrial area.

State bond money from the RZH Program Act was used to maintain the park for minor building renovations. The RZH Program Act requires that park property purchased or maintained with program grants be used only for the purposes for which the grant was requested, unless amended by an act of the Legislature.

In 2016, the Bloomington Recreation and Park District distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, "numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children."

In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

1. Prior Legislation:
   1. SB 1027 (Nielsen), Chapter 232, Statutes of 2016, authorized the County of Tehama to transfer Evergreen Union School District specified park land, subject to the requirements of the grant program utilized to purchase and maintain the park.
   2. AB 1864 (Matthews), Chapter 558, Statutes of 2006, authorized the City of Merced to transfer Merced City School District up to three acres of specified park land to construct a new elementary school, subject to the Public Preservation Act of 1971, and provided that the City followed specific requirements.
   3. AB 1457 (Baca), Chapter 852, Statutes of 2006, authorized the City of San Bernardino to transfer up to 12.5 acres of specified park property to the Redevelopment Agency of the City of San Bernardino for sale to private development, provided that the City followed the requirements of the Public Park Preservation Act of 1971.
2. Arguments in Support. San Bernardino County writes, in support, "In response to the concerns raised by the residents, the County has identified a potential relocation area that would complement the new community library, better serve existing and new neighborhoods, and provide increased opportunities for physical activity through interconnected open space. BRPD [Bloomington Recreation and Park District] utilized State Park Bond funds at Ayala Park to undertake minor building renovations. The Bond Fund contracts covenant the Park and restrict relocation without seeking approval of the State Legislature. The County is seeking the State Legislature to approve AB 1330 to allow relocation of the park to a more accessible and environmentally suitable site. AB 1330 would help enhance access to recreational opportunities, accommodate public health concerns, and improve the overall well-being of the residents in Bloomington by authorizing the County of San Bernardino to relocate Ayala Park to a more appropriate location."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Kim Kollwitz / L. GOV. / (916) 319-3958 FN: 0000267

Date of Hearing: May 3, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1330

Author:(Reyes) – As Introduced Ver:February 17, 2017

Urgency: Yes State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill, an urgency measure, allows the Bloomington Recreation and Park District (District) to dispose of specified property used for park purposes, subject to certain conditions. Specifically, this bill:

1. Authorizes the District to dispose of property used for park purposes at Ayala Park that was maintained with grant money from the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (RZH Program Act).
2. Requires that the park property may only be disposed of if property of equal or greater recreational value is acquired, subject to the approval of the Department of Parks and Recreation.
3. Provides that the acquired property of equal or greater recreational value must be used for Ayala Park purposes and is subject to the requirements of the RZH Program Act.

FISCAL EFFECT:

Negligible state fiscal impact. The bill requires approval of the state Department of Parks and Recreation for the acquisition of new property and specifies there must be no state cost.

COMMENTS:

1. Purpose. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.”

This bill would allow the District to relocate the park to a more accessible and environmentally suitable site, thereby improving access to recreational opportunities and accommodating public health concerns.

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. The park is located near the I-10 freeway in a primarily industrial area. In 2016, the District conducted a survey regarding Ayala Park. The results revealed concerns about park safety and a lack of facilities. In response to these concerns and the park’s proximity to the freeway, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. The new park would continue to be used for Ayala Park purposes and be subject to the requirements of the RZH Program Act. The County is in the process of selecting and acquiring land for the new park location, but must receive approval from the Legislature to dispose of the current park property.

The RZH Program Act provides grants to local entities for recreational or open space purposes, or both, on the basis of population and need. The Act requires that park property purchased or maintained with program grants be used only for the purposes for which the grant was requested, unless amended by an act of the Legislature. State bond money from the RZH Program Act was used for minor building renovations within the park.

1. Prior Legislation.

SB 1027 (Nielsen), Chapter 232, Statutes of 2016, authorized the County of Tehama to transfer Evergreen Union School District specified park land, subject to the requirements of the grant program utilized to purchase and maintain the park.

AB 1864 (Matthews), Chapter 558, Statutes of 2006, authorized the City of Merced to transfer Merced City School District up to three acres of specified park land to construct a new elementary school, subject to the Public Preservation Act of 1971, and provided that the City followed specific requirements.

AB 1457 (Baca), Chapter 852, Statutes of 2006, authorized the City of San Bernardino to transfer up to 12.5 acres of specified park property to the Redevelopment Agency of the City of San Bernardino for sale to private development, provided that the City followed the requirements of the Public Park Preservation Act of 1971.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 1330 (

Author:Reyes) – As Introduced Ver:February 17, 2017

SUBJECT: Park property: Ayala Park.

SUMMARY: Allows the Bloomington Recreation and Park District to dispose of specified property used for park purposes, subject to certain conditions. Specifically, this bill:

1. Authorizes the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park that was maintained with grant money from the Roberti-Z’berg-Harris Urban Open-Space and Recreation Act (RZH Program Act).
2. Requires that the park property may only be disposed of if property of equal or greater recreational value is acquired, subject to the approval of the Department of Parks and Recreation.
3. Provides that the acquired property of equal or greater recreational value must be used for Ayala Park purposes and is subject to the requirements of the RZH Program Act.
4. Contains an urgency clause.

EXISTING LAW:

1. Provides, pursuant to the RZH Program Act, annual grants to cities, counties, and districts for recreational purposes, open-space purposes, or both, on the basis of population and need.
2. Requires recipients of grants received under the RZH Program Act to agree to use park property only for the purposes for which the grant money was requested, unless amended by an act of the Legislature.
3. Prohibits, pursuant to the Public Park Preservation Act of 1971, public entities from using park property for any nonpark purpose, unless sufficient compensation or land is acquired to replace the park land and its facilities.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Bill Summary. This bill allows the Bloomington Recreation and Park District in San Bernardino County to dispose of property used for park purposes at Ayala Park. This bill requires that the Bloomington Recreation and Park District acquire park land of equal or greater recreational value to replace the current park property. This would transfer the current location of Ayala Park to the new land acquired. The new location of Ayala Park would be subject to the same requirements of the RZH Program Act.

This bill is sponsored by San Bernardino County.

1. Author’s Statement. According to the author, “Bloomington is a severely disadvantaged, unincorporated community surrounded by the cities of Rialto, Riverside & Jurupa Hills, Fontana, and Colton. The Valley Corridor Specific Plan and the Environmental Impact Report have both identified the objective of relocating Ayala Park away from the Interstate 10 freeway and closer to the new Bloomington library and Bloomington affordable housing development.

“The Bloomington Health and Wellness Profile notes that Ayala Park, located adjacent to the I-10 freeway and the Union Pacific Railroad tracks, has a Cancer Isopleth level of 250. Numerous studies have shown levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.

“A survey of neighborhood residents conducted by the Bloomington Recreation and Parks District found [that] 76 percent of youth households noted personal safety as a major concern, and 35 percent indicated the lack of facilities available to them.

“The impetus for the relocation is to improve recreational access to residents and [improve] public health.”

1. Background. Ayala Park is under the jurisdiction of the Bloomington Recreation and Park District, a dependent special district of San Bernardino County. Ayala Park is located close to the I-10 highway in a primarily industrial area.

State bond money from the RZH Program Act was used to maintain the park for minor building renovations. The RZH Program Act requires that park property purchased or maintained with program grants be used only for the purposes for which the grant was requested, unless amended by an act of the Legislature.

In 2016, the Bloomington Recreation and Park District distributed surveys to gather information about recreation needs for Ayala Park. The results of the surveys showed concerns about safety in the park and a lack of facilities. In addition, San Bernardino County writes, “numerous studies have shown that levels of pollution are much higher in close proximity to freeways, and are especially harmful to young children.”

In response to these concerns, San Bernardino County is seeking to dispose of the current Ayala Park property and move the park to a different location. San Bernardino County is in the process of selecting and acquiring land to move the park, but must receive approval from the Legislature in order to dispose of the current park property.

1. Prior Legislation:
   1. SB 1027 (Nielsen), Chapter 232, Statutes of 2016, authorized the County of Tehama to transfer Evergreen Union School District specified park land, subject to the requirements of the grant program utilized to purchase and maintain the park.
   2. AB 1864 (Matthews), Chapter 558, Statutes of 2006, authorized the City of Merced to transfer Merced City School District up to three acres of specified park land to construct a new elementary school, subject to the Public Preservation Act of 1971, and provided that the City followed specific requirements.
   3. AB 1457 (Baca), Chapter 852, Statutes of 2006, authorized the City of San Bernardino to transfer up to 12.5 acres of specified park property to the Redevelopment Agency of the City of San Bernardino for sale to private development, provided that the City followed the requirements of the Public Park Preservation Act of 1971.
2. Arguments in Support. San Bernardino County writes, in support, “In response to the concerns raised by the residents, the County has identified a potential relocation area that would complement the new community library, better serve existing and new neighborhoods, and provide increased opportunities for physical activity through interconnected open space. BRPD utilized State Park Bond funds at Ayala Park to undertake minor building renovations. The Bond Fund contracts covenant the Park and restrict relocation without seeking approval of the State Legislature. The County is seeking the State Legislature to approve AB 1330 to allow relocation of the park to a more accessible and environmentally suitable site. AB 1330 would help enhance access to recreational opportunities, accommodate public health concerns, and improve the overall well-being of the residents in Bloomington by authorizing the County of San Bernardino to relocate Ayala Park to a more appropriate location.”
3. Arguments in Opposition. None on file.
4. Urgency Clause. This bill contains an urgency clause and requires a two-thirds vote of each house.

REGISTERED SUPPORT / OPPOSITION:

Support

San Bernardino County [SPONSOR]

Opposition

None on file

Analysis Prepared by: Kim Kollwitz / L. GOV. / (916) 319-3958