Existing law generally authorizes the Director of General Services to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to acquire it. Existing law establishes the State Coastal Conservancy and prescribes the membership, functions, and duties of the conservancy with regard to the protection, preservation, restoration, and enhancement of specified coastal lands. Existing law establishes the Coastal Trust Fund in the State Treasury.

This bill would require that the $15,000,000 appropriated in the Budget Act of 2017 for the purposes of SB 714 of the 201718 Regular Session be deposited in the West Coyote Hills Conservancy Program Account in the Coastal Trust Fund to be used for the purchase of specified property and related projects. The bill would make findings and declarations regarding funding under the bill for the Wildlife Conservation Board to open up, operate, and maintain the Robert E. Ward Nature Preserve. The bill would state the intent of the Legislature in enacting this act to specify the particular uses of those the appropriated funds.

Existing law generally authorizes the Director of General Services to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to acquire it. The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board and requires, among other things, that it authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of that law. Existing law establishes the State Coastal Conservancy and prescribes the membership, functions, and duties of the conservancy with regard to the protection, preservation, restoration, and enhancement of specified coastal lands. Existing law establishes the Coastal Trust Fund in the State Treasury.

This bill would require that the $15,000,000 appropriated in the Budget Act of 2017 for the purposes of SB 714 of the 201718 Regular Session be deposited in the West Coyote Hills Conservancy Program Account in the Coastal Trust Fund to be used for the purchase of specified property. The bill would provide that, notwithstanding specified law, this money would be available for encumbrance for 5 years after the date upon which it is first available for encumbrance. property and related projects. The bill would state the intent of the Legislature in enacting this act to specify the particular uses of those funds.

Existing law generally authorizes the Director of General Services to acquire title to real property in the name of the state whenever the acquisition of real property is authorized or contemplated by law, if no other state agency is specifically authorized and directed to acquire it. The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board and requires, among other things, that it authorize the acquisition of real property, rights in real property, water, or water rights as may be necessary to carry out the purposes of that law.

This bill would appropriate for the 201819 fiscal year an unspecified sum from the General Fund to the Department of General Services Wildlife Conservation Board to be used for the purchase of specified property. The bill would provide that, notwithstanding specified law, this money would be available for encumbrance for five 5 years after the date upon which it is first available for encumbrance.

Under existing law, the California Educational Facilities Authority Act, the California Educational Facilities Authority is, among other things, authorized to borrow money and issue bonds, notes, and other obligations. The authority is also authorized to hold or invest in student loans, create pools of student loans, and sell bonds bearing interest on a taxable or tax-exempt basis or other interests backed by the pools of student loans. Existing law establishes the California Student Loan Refinancing Program under the administration of the authority, with the goal of helping eligible college graduates to refinance student loan debt at favorable rates through the creation of a loss reserve account, as defined.

This bill would make a nonsubstantive change relating to the California Student Loan Refinancing Program.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 510 (Quirk-Silva) - State property acquisition: West Coyote Hills project site: funding

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

1. AB 510 requires that the $15,000,000 appropriated in the Budget Act of 2017 for implementation on of SB 714 (Newman, 2017) of the 2017–18 Regular session is deposited in the West Coyote Hills Conservancy Program Account in the Coastal Trust Fund, and specifies purposes for which the funds must be spent.

Fiscal Impact:

This requires that the $15 million appropriated in the Budget Act is used for the following purposes:

• To purchase the specified West Coyote Hills parcel
• To fund beneficial projects, as defined, undertaken pursuant to this bill.
• $1.5 million (and 10 percent of all future amounts appropriated for the same purpose) to create the West Coyote Hills Conservation Program Endowment.
• $250,000 to the Wildlife Conservation Board (WCB) to open up, operate, and maintain the Robert E. Ward Nature Preserve, provided that the WCB and the City of Fullerton enter into an agreement for these purposes on or before April 1, 2018.

The state will also incur the following administrative costs. It is unclear whether these will be covered by the $15 million appropriation, their respective funding sources (various special funds including bond funds), or a combination of the two.

• Unknown, likely significant costs (special fund) to the State Coastal Conservancy to acquire the specified project and award funds to eligible projects.
• Unknown, likely significant costs (to the Wildlife Conservation Board (WCB) to open up, operate, and maintain the Robert E. Ward Nature Preserve.

Background:

The State Coastal Conservancy. The SCC works with state and federal agencies, local governments and nonprofits to preserve, protect, and restore the resources of the California coast, ocean, and the San Francisco Bay Area. The SCC is a non-regulatory agency that supports projects to protect coastal resources and increase opportunities for the public to enjoy the coast. It works along the entire length of California’s coast and within the watersheds of rivers and streams that extend inland from the coast. Two programs, one serving the San Francisco Bay area and the other serving the entire Santa Ana River watershed, exist within the SCC. Each of these programs has received bond funding from water and resources bonds.

What to do with the West Coyote Hills? The West Coyote Hills are a low mountain range in northern Orange County that spans the city limits of La Habra, Buena Park, and La Mirada, with most of it sprawling across western Fullerton. (All of the land impacted by this bill is located in Fullerton.) Initially grazing land (late 1700s to early 1800s) and then a major oil field (early 1900s – 1970s), the land is now mostly developed (as approved in Phase I development). Only a 510-acre tract owned by Pacific Coast Homes (a land development division of the Chevron Corporation) remains as open space. Notably, the city indicated that this is the only remaining “vacant” land in the City of Fullerton.

A plan approved by the Fullerton City Council and Pacific Homes, which would site approximately 760 homes as well as commercial space on roughly one-third of the land and preserve the remainder has incited strong opposition from community members who want the entire space preserved. A 2012 local initiative (Measure W) attempting to validate the plan failed with 61 percent of voters opposing the measure. This measure, and the continued momentum to develop, has led to ongoing litigation to determine if the plan’s subdivision of the property was appropriate.

On February 2, 2017, Friends of Coyote Hills, one of the community groups attempting to preserve the land, filed an appeal on the Measure W referendum after an Orange County judge ruled that Measure W did not overturn the City Council’s approval of the development of West Coyote Hills.

The skirmish over the land has also encouraged public and private donations to the city to help purchase the land for permanent protection. The San Gabriel Rivers and Mountains Conservancy provided a $2 million grant to Fullerton to help preserve two areas within West Coyote Hills. The city also has pledges totaling approximately $20 million from various agencies and private funders to assist with its “Path Forward Plan”. This plan would involve some fee acquisition as well as mixed use development.

Proposed Law:

This bill:

Requires that the $15 million appropriated in the Budget Act of 2017 for implementation on of SB 714 (Newman) of the 2017–18 Regular session is deposited in the West Coyote Hills Conservancy Program Account in the Coastal Trust Fund to be used for all of the following purposes:

The purchase of the 510-acre Coyote Hills project site by the SCC.

Projects undertaken, and grants awarded, in the West Coyote Hills area by the SCC for the following purposes:

To improve public access to, within, and around hills, ridgetops, and urban open spaces, consistent with the rights of private property owners, and without having a significant adverse impact on agricultural operations and environmentally sensitive areas.

To protect, restore, and enhance natural habitats and connecting corridors, watersheds, scenic areas, and other open-space resources of regional importance.

To promote, assist, and enhance projects that provide open space and natural areas that are accessible to urban populations for recreational and educational purposes.

Requires that 10 percent of the $15,000,000 and 10 percent of all future amounts appropriated for the same purpose is used to create the West Coyote Hills Conservation Program Endowment.

Requires that $250,000 is allocated to the Wildlife Conservation Board (WCB) to open up, operate, and maintain the Robert E. Ward Nature Preserve, provided that the WCB and the City of Fullerton enter into an agreement for these purposes on or before April 1, 2018.

Related Legislation:

SB 714 (Newman, 2017) establishes the West Coyote Hills Conservancy Program in the State Coastal Conservancy (SCC).

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: AB 510 Hearing Date: June 27, 2017

Subject: State property acquisition: West Coyote Hills project site

BACKGROUND AND EXISTING LAW

PROPOSED LAW

This bill:

1. Appropriates an unspecified amount for the 2018-19 fiscal year from the General Fund to the Wildlife Conservation Board to be used for the purchase of the remainder of the West Coyote Hills (WCH) project site in the City of Fullerton.
2. Requires the funds in this bill to be available for five years after the date upon which this bill takes effect, as specified.
3. Although introduced before the 2017-18 budget was approved, the budget does contain $15 million for this purpose.
4. Background. West Coyote Hills was previously used for oil production, and is owned by Chevron and a development subsidiary, Pacific Coast Homes. Whether to develop a portion of the property or preserve it all has been an ongoing local issue for many years. Currently the company has received permission to build on a portion of the property. Others in the community are advocating that the entire parcel be preserved as public open space. There is ongoing litigation over whether it was appropriate to divide the parcel into smaller units conducive to separate development projects. The city of Fullerton received a $2 million grant from the San Gabriel Rivers and Mountains Conservancy along with private funds to help preserve two areas within West Coyote Hills. It previously received funding to acquire one additional parcel. Fullerton has said publicly that it has pledges totaling approximately $20 million from various agencies and private funders to assist with its “Path Forward Plan” which involves some fee acquisition as well as mixed use development. Chevron has stated in the local press that it intends to create 217 acres of open space and eliminate 76 proposed housing units. Under that scenario, the development would apparently result in 760 new homes, a new commercial center, and 10 miles of new trails. Others in the region seek to acquire the entire acreage as public open space.

ARGUMENTS IN SUPPORT

According to the author, the bill will help address an imbalance of parks and open space between north and south Orange County. The northern part of the county is highly urbanized and park-poor, with very few opportunities for new parks. Similarly, residents of southeastern Los Angeles County lack access to large open spaces which this project will provide. The West Coyote Hills Open Space Project will provide more than 1 million people with a respite from dense urban living for underserved areas of LA and Orange counties, serve as a biological hotspot supporting plant and animal habitats, and serve as unique educational resource for the entire region.

The author points out that north Orange County has 1 acre of park land per 246 people compared to 1 acre of park land per 6 people in south Orange County. The National Recreation and Parks Association standard for parkland is 1 acre per 100 people.

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

The Committee likely recognizes this bill’s subject matter based on consideration and passage on June 13, 2017, of SB 714 (Newman) that would establish the West Coyote Hills Program at the Coastal Conservancy. Senator Newman and this author both represent the area.

 SUGGESTED AMENDMENTS

In conversation with the author, she and the Committee staff agreed on the following amendments that would do all of the following:

• 1. Fill the blank on page 2, line 2 so that the bill’s appropriation matches the amount in the budget, which is $15 million. (Amendment 1)
  2. Direct the funding for projects that are consistent with SB 714 (Newman). (Amendment 2.)
  3. Shift the funding directly to the Coastal Conservancy (on page 2, lines 3-4) which will implement the West Coyote Hills Program of the Coastal Conservancy. (Amendment 3)
  4. On page 2, line 14, provide 10% of this appropriation and all future funding for the creation of the West Coyote Hills Conservation Program Endowment and require the endowment funds to be invested in an appropriate investment instrument for purposes of contributing to the long-term operation of the program. (Amendment 4).
  5. Direct the conservancy to allocate $250,000 of the $15,000,000 to the State Coastal Conservancy to open up, operate and maintain the Robert Ward Nature Preserve, (a parcel adjacent to West Coyote Hills that is currently not open to the public), provided that the conservancy and the City of Fullerton enter into an MOU on or before April 1, 2018. (Amendment 5)
  6. Add Senator Newman as co-author. (Amendment 6).

SUPPORT

None Received

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 510

Author:(Quirk-Silva)

As Amended Ver:

2/3 vote

SUMMARY: Allocates an unspecified sum from the state General Fund (GF) to the Wildlife Conservation Board (WCB) to purchase the remaining parcels of a 510-acre site in the City of Fullerton. Specifically, this bill:

1. Appropriates an unspecified amount for the 2018-19 fiscal year from the GF to the WCB to be used for the purchase of the remainder of the 510-acre West Coyote Hills (WCH) project site in the City of Fullerton.
2. Requires the funds in this bill to be available for five years after the date upon which this bill takes effect, as specified.

EXISTING LAW:

1. Establishes the WCB to select, authorize and allocate funds for the purchase of land and waters suitable for recreation purposes and the preservation, protection and restoration of wildlife habitat.  
2. Requires the purchase price for real property acquired by the WCB to be at fair market value as determined in an appraisal prepared by a licensed real estate appraiser and approved by the Department of General Services (DGS).

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown GF cost pressures. Although it is not typical for bills to contain unspecified appropriations, in this case it is appropriate because this acquisition requires a negotiated transaction between a between a willing buyer and willing seller. Appropriating an exact sum at this time would unduly influence the outcome of the transaction and the potential to acquire this property.

COMMENTS: The WCH property comprises 510 acres of land located at the northern edge of the City of Fullerton (City) and includes 72 acres already owned by the City. According to the author, "The WCH project is an important part of the San Gabriel River and Watershed with its open space and wetlands area and a biodiversity hotspot threatened by development. This bill will help to designate the remainder of WCH, the largest remaining open space in a highly urbanized area of Orange and Los Angeles counties, as a natural preserve to be enjoyed by over 1 million people."

This bill allocates unspecified GF money to WCB for this purpose. WCB's three main functions are land acquisition, habitat restoration, and development of wildlife-oriented public access facilities. It approves and funds projects that set aside lands within the state for such purposes, through acquisition or other means, to meet these objectives. When WCB purchases property for fair market value, DGS is required to review and approve appraisals in order to provide an extra layer of assurance that the state is purchasing land at appropriate prices.

According to the author, this bill is intended to facilitate the future purchase of the remainder of WCH for parkland and open space. As this bill moves forward, the author states that future amendments will be made to determine the exact number of acres set aside for purposes of this bill and clarify the monetary amount needed for WCB to acquire the land.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600 FN: 0000642

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 510

Author:(Quirk-Silva) – As Amended Ver:April 17, 2017

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

SUMMARY:

This bill allocates an unspecified sum from the state General Fund (GF) to the Wildlife Conservation Board (WCB) to purchase the remainder of the 510-acre West Coyote Hills (WCH) project site in the City of Fullerton. The bill further requires the funds to be available for five years after the date upon which this bill takes effect, as specified.

FISCAL EFFECT:

Unknown GF cost pressures.

Although it is not typical for bills to contain unspecified appropriations, in this case it is appropriate because this acquisition requires a negotiated transaction between a between a willing buyer and willing seller. Appropriating an exact sum at this time would unduly influence the outcome of the transaction and the potential to acquire this property.

COMMENTS:

Purpose and Background. The WCH property comprises 510 acres of land located at the northern edge of the City of Fullerton and includes 72 acres already owned by the City.

According to the author, "The WCH project is an important part of the San Gabriel River and Watershed with its open space and wetlands area and a biodiversity hotspot threatened by development. This bill will help to designate the remainder of WCH, the largest remaining open space in a highly urbanized area of Orange and Los Angeles counties, as a natural preserve to be enjoyed by over 1 million people."

The WCB’s main objectives are land acquisition, habitat restoration, and development of wildlife-oriented public access facilities. It approves and funds projects that set aside lands within the state for such purposes, through acquisition or other means, to meet these objectives. When WCB purchases property for fair market value, the Department of General Services is required to review and approve appraisals to provide assurance that the state is purchasing land at appropriate prices.

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

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 510 (

Author:Quirk-Silva) – As Amended Ver:April 17, 2017

SUBJECT: State property acquisition: West Coyote Hills project site

SUMMARY: Allocates an unspecified sum from the state General Fund (GF) to the Wildlife Conservation Board (WCB) to purchase the remaining parcels of a 510-acre site in the City of Fullerton. Specifically, this bill:

1. Appropriates an unspecified amount for the 2018-19 fiscal year from the GF to the WCB to be used for the purchase of the remainder of the 510-acre West Coyote Hills (WCH) project site in the City of Fullerton.
2. Requires the funds in this bill to be available for five years after the date upon which this bill takes effect, as specified.

EXISTING LAW:

1. Designates the Department of General Services (DGS) as the state's chief real estate agent to fulfill state agencies' facility and real property needs.
2. Provides that every contract for the acquisition of real property entered into by or on behalf of the state shall be approved by the Director of DGS.
3. Establishes the WCB to select, authorize and allocate funds for the purchase of land and waters suitable for recreation purposes and the preservation, protection and restoration of wildlife habitat.  
4. Requires the purchase price for real property acquired by the WCB to be at fair market value as determined in an appraisal prepared by a licensed real estate appraiser and approved by DGS.

FISCAL EFFECT: Unknown

COMMENTS: The WCH property comprises 510 acres of land located at the northern edge of the City of Fullerton (City) and includes 72 acres already owned by the City. According to the author, "The WCH project is an important part of the San Gabriel River and Watershed with its open space and wetlands area and a biodiversity hotspot threatened by development. This bill will help to designate the remainder of WCH, the largest remaining open space in a highly urbanized area of Orange and Los Angeles counties, as a natural preserve to be enjoyed by over 1 million people."

This bill allocates unspecified GF money to WCB for this purpose. WCB's three main functions are land acquisition, habitat restoration, and development of wildlife-oriented public access facilities. It approves and funds projects that set aside lands within the state for such purposes, through acquisition or other means, to meet these objectives.

DGS also has a role in WCB land acquisitions. When WCB purchases property for fair market value, DGS is required to review and approve appraisals in order to provide an extra layer of assurance that the state is purchasing land at appropriate prices.

According to the author, this bill is intended to facilitate the future purchase of the remainder of WCH for parkland and open space. As this bill moves forward, the author states that future amendments will be made to determine the exact number of acres set aside for purposes of this bill and clarify the monetary amount needed for WCB to acquire the land.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Cassie Royce / A. & A.R. / (916) 319-3600