The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2022, statewide primary election, authorizes the issuance of bonds for the purpose of financing certain acquisition and development projects, including local assistance programs for the acquisition and development of neighborhood, community, and regional parks and recreation areas, as specified.

This bill would authorize the City of Laguna Woods, until January 1, 2026, to remove from public recreation use, and use as a fire station and for public safety purposes, a portion of City Centre Park improved with grant moneys from the bond act described above, subject to the reinvestment of $212,000 in capital improvements in the remaining City Centre Park, to be used for park purposes, and at no cost to the state, as provided. The bill would require that the plan for capital improvements be approved by the Department of Parks and Recreation before the improvements are made. The bill would also require the capital improvements to be completed within 3 years of the departments approval of the plan.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, approved by the voters as Proposition 40 at the March 5, 2022, statewide primary election, authorizes the issuance of bonds for the purpose of financing certain acquisition and development projects, including local assistance programs for the acquisition and development of neighborhood, community, and regional parks and recreation areas, as specified.

This bill would authorize the City of Laguna Woods, until January 1, 2026, to remove from public recreation use, and use as a fire station and for public safety purposes, a portion of City Centre Park improved with grant moneys from the bond act described above, subject to the reinvestment of $212,000 in capital improvements in the remaining City Centre Park, to be used for park purposes, and at no cost to the state, as provided. The bill would require that the plan for capital improvements be approved by the Department of Parks and Recreation before the improvements are made. The bill would also require the capital improvements to be completed within 3 years of the departments approval of the plan.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 authorizes the issuance of bonds for the purpose of financing state parks, local assistance programs, land, air, and water conservation, and historical and cultural resource preservation, as specified.

This bill would authorize the City of Laguna Woods, until January 1, 2026, to remove from public recreation use, and use as a fire station and for public safety purposes, a portion of City Centre Park improved with grant moneys from the bond act described above, subject to the reinvestment of $212,000 in capital improvements in the remaining City Centre Park, to be used for park purposes, and at no cost to the state, as provided. The bill would require that the plan for improvements be approved by the Department of Parks and Recreation before the improvements are made. The bill would also require the improvements to be completed within 3 years of the departments approval of the plan.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 authorizes the issuance of bonds for the purpose of financing state parks, local assistance programs, land, air, and water conservation, and historical and cultural resource preservation, as specified.

This bill would authorize the City of Laguna Woods, until January 1, 2029, 2026, to dispose of all or a portion of remove from public recreation use, and use as a fire station and for public safety purposes, a portion of City Centre Park acquired, developed, or improved with grant moneys from the bond act described above, subject to the acquisition of replacement park property, as approved by the Department of Parks and Recreation, reinvestment of $212,000 in capital improvements in the remaining City Centre Park, to be used for park purposes in perpetuity, purposes, and at no cost to the state, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Laguna Woods.

The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes the issuance of bonds for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river, and coastal resources, as specified. That bond act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including, but not limited to, using the property only for the purposes for which the grant was made and making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

This bill would provide that it is the intent of the Legislature to enact subsequent legislation related to the City Centre Park in the City of Laguna Woods.

 UNFINISHED BUSINESS  

Bill No: SB 475

Author: Min (D), et al.

Amended: 6/19/23

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 8-0, 4/26/23

AYES: Caballero, Seyarto, Blakespear, Dahle, Durazo, Glazer, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 40-0, 5/22/23

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ASSEMBLY FLOOR: 73-0, 8/24/23 (Consent) - See last page for vote

SUBJECT: Park property: City of Laguna Woods: City Centre Park

SOURCE: City of Laguna Woods

Orange County Fire Authority

DIGEST:

This bill allows the City of Laguna Woods (City) in Orange County to use a portion of its City Centre Park property for the purpose of constructing a new fire station, if specified conditions are met.

Assembly Amendments

require the City to complete the capital improvements identified in the capital improvement plan within three years of receiving approval from the Department of Parks and Recreation, make technical changes, and add a coauthor.

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 City, by January 1, 2026, to remove a portion of City Centre Park (Park) from public recreation use for the purpose of constructing a new fire station, subject to the reinvestment of $212,000 in capital improvements to the remaining Park, as required by the receipt of previous state grant funds.
2. Defines the Park to mean “the approximately 0.32 acre portion of City Centre Park to be removed from public recreation use by the City and used as a fire station.”
3. States that the $212,000 reinvestment is based upon an independent appraisal of the portion of the Park proposed to be removed from public recreation use.
4. Requires the City to develop a plan for capital improvements to be made to the remaining Park that meets the following requirements:
   
   1. The plan must include $212,000 of capital improvements in the remaining Park.
   2. The City must conduct at least two community meetings to solicit the input of residents for the capital improvements to be made.
   3. The City Council must approve the plan and it must be submitted to the state Department of Parks and Recreation (DPR) on or before January 1, 2025.
   4. The plan must enhance the active or passive recreational utility to the public of the remaining Park.
   5. DPR must approve the plan developed pursuant to the requirements of the bill before any of the capital improvements it identifies are made to the remaining City Centre Park.
   6. The City must complete the capital improvements identified in the plan within three years of receiving plan approval from DPR.
      
5. Provides legislative findings and declarations supporting its purposes and makes an additional finding and declaration regarding the need for special legislation.

Background

Park financing. 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, including:

• The RZH Program Act (SB 174, Roberti, Chapter 160, Statutes of 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.
  
• Community Parklands Act (SB 806, Presley, Chapter 5, Statutes of 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, Chapter 471, Statutes of 1999) placed Proposition 12 on the statewide ballot. This Act authorized a $2.1 billion general obligation bond to provide funds to protect natural resources, improve water and air quality, preserve open space and farmland, protect wildlife habitats, and to repair and improve the safety of state and neighborhood parks. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by a specific act of the Legislature.
  
• The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (AB 1602, Keeley, Chapter 875, Statutes of 2001) placed Proposition 40 on the statewide ballot. This Act authorized a $2.6 billion general obligation bond to provide funds to conserve natural resources, acquire and improve state and local parks, and preserve historical and cultural resources. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by specific act of the Legislature.
• The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (SB 5, De León, Chapter 852, Statutes of 2017) placed Proposition 68 on the statewide ballot. This Act authorized the issuance of bonds in an amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.

City Centre Park. According to the City, the City-owned Park was established in 2011.  The Park consists of roughly 0.56 acres and serves the City’s 17,644 residents, 80% of whom are 65 years of age or older, as well as visitors from neighboring areas.  Currently, the only fire station located within the City is on its eastern border.  According to the Orange County Fire Authority (OCFA), there has been an increase in call volume in recent years that has led to longer response times for the western portions of the City, which include residences, wildland-urban interface areas, and two 13-story residential towers. The City and the OCFA state that due to increased call volume, community growth, and traffic, there is a significant need for a second fire station strategically located within the City to provide improved delivery of services.

The OCFA reports that it conducted an analysis in 2019 of undeveloped sites that could physically accommodate a new fire station.  The analysis determined that the Park would be the best location to serve the western portions of the City.  As a result, the City would like to allow for approximately 0.32 acres of the Park property to be used to build a new fire station.  According to the City, “The construction of a new fire station on this property would significantly improve response times and the delivery of lifesaving services, while also enhancing the portion of the Park that would remain by investing $212,000 therein.”  In 2022, the City had the portion of the Park proposed for use as a fire station appraised.  The appraisal estimated the fair market value of that portion to be $212,000.

In 2004, the City was awarded a $220,000 grant funded by Proposition 40 (2002) from the DPR to make a number of capital improvements to the Park property, including construction of a concrete walking path and various landscaping enhancements. According to the City, the receipt of this state grant funding restricts the ability to use the land for non-park purposes.

Comments

1. Purpose of the bill. According to the author, “The one fire station currently serving the City of Laguna Woods is located on its eastern boundary. In recent years there has been an increase in call volume, community growth, and traffic, which, in turn, has led to longer response times for emergencies in the western portions of the City. As a result, there is a significant need to have a second fire station, strategically located within the City, for improved delivery of services. SB 475 will allow the City and OCFA to build a new fire station that will enhance the delivery of services to residents, while also maximizing underutilized City Centre Park land. A new OCFA fire station will improve response times and accommodate the growing public safety demands of Laguna Woods residents and neighboring areas.”
2. Not so fast. If the Legislature enacts SB 475, the City must take a series of actions contingent on several factors, including approval by the DPR, and final approval by both the City Council and the OCFA Board of Directors that would result in construction of a new OCFA fire station. Should the legislation become effective and all approvals are obtained, the City estimates that the earliest construction might potentially begin is fiscal year 2024-25 due to the number and complexity of required planning activities.
   
3. One purpose for another. SB 475 authorizes removing a portion of the Park from public recreation use for a public safety purpose instead via a new fire station. As previously noted, because the City received state grant funds to make capital improvements to the Park, the funds must be used for enhancements to the Park. This bill addresses this restriction by requiring the appraised value of the portion of the park that would be used for the fire station, $212,000, to be reinvested in the remaining area of the Park.

Related/Prior Legislation

AB 954 (Petrie-Norris, 2022) would have allowed the City of Laguna Woods to lease specified park property to a public agency or joint powers authority for purposes related to fire protection or public safety. AB 954 was never heard in the Assembly Local Government Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

• Negligible state fiscal impact. The bill requires the Department to approve the city’s capital improvement plan for the remaining park land and specifies there must be no state cost.

SUPPORT: (Verified 8/25/23)

City of Laguna Woods (co-source)

Orange County Fire Authority (co-source)

OPPOSITION: (Verified 8/25/23)

None received

ARGUMENTS IN SUPPORT: According to the City of Laguna Woods, “The City and OCFA have worked for many years to identify potential locations for a new fire station before concluding that the proposed location would be the most protective of public safety and cost effective.”

ASSEMBLY FLOOR: 73-0, 8/24/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Bonta, Gallagher, Garcia, Jones-Sawyer, Maienschein, McKinnor, Ward

Prepared by: Jonathan Peterson / GOV. & F. / (916) 651-4119

8/25/23 13:49:08

**** END ****

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 475

Author:(Min) – As Amended Ver:June 19, 2023

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

SUMMARY:

This bill allows the City of Laguna Woods to use a portion of its City Centre Park property for a new fire station, contingent upon the city making capital improvements in the remaining park property and meeting other conditions.

Specifically, this bill:

1. Authorizes the City of Laguna Woods, until January 1, 2026, to remove from public recreation use City Centre Park property improved with grant moneys from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40).
2. Subjects the authorization described in 1, above to the reinvestment of $212,000 in capital improvements in the remaining City Centre Park, which must be used for park purposes, and meet all applicable requirements of the grant funding received under Proposition 40, at no cost to the state.
3. Requires the City of Laguna Woods to develop a plan for capital improvements to be made to the remaining City Centre Park that meets specified requirements, including the plan must be approved by the city council and submitted to the state Department of Parks and Recreation (Department) for approval by January 1, 2025.
4. Requires the plan specified in 3, above, to be approved by the Department before any of the capital improvements identified in the plan are made to the remaining City Centre Park.
5. Requires the City of Laguna Woods to complete the capital improvements identified in the plan specified in 3, above, within three years of the Department’s approval of the plan.

FISCAL EFFECT:

Negligible state fiscal impact. The bill requires the Department to approve the city’s capital improvement plan for the remaining park land and specifies there must be no state cost.

COMMENTS:

1. Purpose. This bill provides necessary legislative authorization to the City of Laguna Woods to use a portion of City Centre Park for a new fire station. According to the author:

[This bill] will allow the City of Laguna Woods and OCFA to build a new fire station that will enhance the delivery of services to residents, while also maximizing underutilized City Centre Park land. A new OCFA fire station will improve response times and accommodate the growing public safety demands of Laguna Wood residents and neighboring areas.

1. Background. State law generally restricts the use of property acquired and developed with state grant funds to the purpose for which the grant funds were originally requested, unless the Legislature grants specific authorization for another purpose.

Proposition 40 of 2002. As approved by the voters in 2002, Proposition 40 authorized the issuance of bonds to finance state parks, local assistance programs, land, air, and water conservation, and historical and cultural resource preservation. As part of Proposition 40, the Per Capita Grant Program provides for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities in urban and rural areas. Grantees receive funds based on population, and are required to use the property only for the purpose for which the grant was made and to make no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature. The Department is responsible for developing and administering the program, providing technical assistance to all grant applicants and ensuring that grant recipients adhere to the program requirements.

In 2004, the City of Laguna Woods was awarded a $220,000 grant by the Department under the Per Capita Grant Program to make a number of capital improvements to City Centre Park, including construction of a concrete walking path and various landscaping enhancements. The receipt of state grant funding restricts the ability to use the land for non-park purposes.

This bill provides authorization to the City of Laguna Woods to use a portion of its City Centre Park property to construct a new fire station. Since 2016, the Legislature has granted at least four similar authorizations to other local communities for park land transfers.

City Centre Park Site. City Centre Park consists of approximately 0.56 acres and serves the city’s 17,644 residents, as well as visitors. The only fire station located within the city is on its eastern border. According to the Orange County Fire Authority (OCFA), there has been an increase in call volume in recent years that has led to longer response times for the western portions of the city, which include residences, wildland-urban interface areas, and two 13-story residential towers. The city and OCFA assert there is a significant need for a second fire station strategically located within the city to better respond to increased call volume, community growth and traffic.

The OCFA reports a 2019 analysis of undeveloped sites that could physically accommodate a new fire station determined the park to be the best location to serve the western portions of the city. As a result, the city wants to allow for approximately 0.32 acres of the park property to be used to build a new fire station. In 2022, the city had the portion of the park proposed for use as a fire station appraised. The appraisal estimated the fair market value of that portion of the park at $212,000.

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

Date of Hearing: June 28, 2023

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

SBPCA Bill Id:SB 475

Author:(Min) – As Amended Ver:June 19, 2023

SENATE VOTE: 40-0

SUBJECT: Park property: City of Laguna Woods: City Centre Park.

SUMMARY: Allows the City of Laguna Woods to use a portion of its City Centre Park property for the purpose of constructing a new fire station, if specified conditions are met. Specifically, this bill:

1. Allows the city, no later than January 1, 2026, to remove from public recreation use City Centre Park property improved with grant moneys from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Act).
2. Subjects the authorization outlined above to the reinvestment of $212,000 in capital improvements, as described in 4) below, in the remaining City Centre Park, which shall be used for park purposes, subject to all applicable requirements of the grant funding received under the Act, and at no cost to the state.
3. States that the $212,000 reinvestment was calculated by an independent appraisal of the fair market value of the City Centre Park property conducted in 2022 and submitted by the city to the Department of Parks and Recreation (department) in 2023.
4. Requires the city to develop a plan for capital improvements to be made to the remaining City Centre Park that meets the following requirements:
   1. The plan shall include capital improvements in the amount of $212,000 in the remaining City Centre Park.
   2. The city shall conduct two community meetings to solicit the input of residents of the city for the capital improvements to be made.
   3. The plan shall be approved by the city council of the city and submitted to the department on or before January 1, 2025.
   4. The plan shall enhance the active or passive recreational utility to the public of the remaining City Centre Park.
5. Requires the plan developed pursuant to 4), above, to be approved by the department before any of the capital improvements identified in the plan are made to the remaining City Centre Park.
6. Requires the city to complete the capital improvements identified in the plan developed pursuant to 4), above, within three years of the department’s approval of the plan.
7. Finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances concerning the City Centre Park property in the City of Laguna Woods and the desire of the city to increase public safety and emergency response times.
8. Provides the following definitions:
   1. “City” means the City of Laguna Woods.
   2. “City Centre Park property” means the approximately 0.32 acre portion of City Centre Park to be removed from public recreation use by the City of Laguna Woods and used as a fire station and for public safety purposes pursuant to the provisions of this bill.
   3. “Department” means the Department of Parks and Recreation.
9. States the intent of the Legislature that the removal of park property and the reinvestment of funding for capital improvements in the City Centre Park authorized under this bill is for the sole purposes of enhancing recreational opportunities and improving public safety in the city, and not to facilitate industrial development.
10. Makes a number of findings and declarations regarding its purpose.

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

COMMENTS:

1. Background. 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. Among these is the Act, which was intended for a number of purposes and approved as Proposition 40 by voters on March 5, 2002.

One of the programs under the Act, the Per Capita Grant Program, provided for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities in urban and rural areas. Grantees received funds based on population, and were required to use the property only for the purpose for which the grant was made and to make no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

The department is responsible for developing and administering the Act, providing technical assistance to all grant applicants and ensuring that grant recipients adhere to the program requirements from which they received funding.

1. City Centre Park. According to the City of Laguna Woods, City Centre Park was established in 2011. The park consists of approximately 0.56 acres and serves the city’s 17,644 residents, 80% of whom are 65 years of age or older, as well as visitors. The only fire station located within the city is on its eastern border. According to the Orange County Fire Authority (OCFA), there has been an increase in call volume in recent years that has led to longer response times for the western portions of the city, which include residences, wildland-urban interface areas, and two 13-story residential towers. The city and OCFA assert that there is a significant need for a second fire station strategically located within the city to provide improved delivery of services to respond to increased call volume, community growth and traffic.

The OCFA reports that it conducted an analysis in 2019 of undeveloped sites that could physically accommodate a new fire station. The analysis determined that the park would be the best location to serve the western portions of the city. As a result, the city would like to allow for approximately 0.32 acres of the park property to be used to build a new fire station. In 2022, the city had the portion of the park proposed for use as a fire station appraised. The appraisal estimated the fair market value of that portion of the park at $212,000.

In 2004, the city was awarded a $220,000 grant from the department under the Act’s Per Capita Grant Program to make a number of capital improvements to the Park, including construction of a concrete walking path and various landscaping enhancements. The receipt of this state grant funding restricts the ability to use the land for non-park purposes.

1. Author’s Statement. According to the author, “The one fire station currently serving the City of Laguna Woods is located on its eastern boundary. In recent years there has been an increase in call volume, community growth, and traffic, which in turn has led to longer response times for emergencies in the western portions of the City. As a result, there is a significant need to have a second fire station, strategically located within the City, for improved delivery of services.

“SB 475 will allow the City of Laguna Woods and OCFA to build a new fire station that will enhance the delivery of services to residents, while also maximizing underutilized City Centre Park land. A new OCFA fire station will improve response times and accommodate the growing public safety demands of Laguna Wood residents and neighboring areas.”

1. Bill Summary. This bill allows the City of Laguna Woods to use a portion of its City Centre Park property for a new fire station, no later than January 1, 2026. This authorization is contingent on the city reinvesting $212,000 in capital improvements in the remaining park property. The city must develop a plan for these capital improvements that meets several requirements, including:
   1. The city must conduct two community meetings to solicit the input of residents of the city for the capital improvements to be made.
   2. The plan must be approved by the city council and submitted to the department by January 1, 2025.
   3. The plan must enhance the active or passive recreational utility to the public of the remaining park property.

This capital improvement plan must be approved by the department before any of the capital improvements identified in the plan are made to the remaining park property. The capital improvements must be made within three years of the department’s approval of the plan.

This bill is sponsored by the City of Laguna Woods and OCFA.

1. Previous Legislation. AB 1476 (Gray), Chapter 718, Statutes of 2021, allowed the City of Modesto to dispose of specified park property that was developed with state grant funding if the city concurrently acquires a replacement property and complies with certain conditions.

AB 3172 (Gray) 2020, was substantially similar to AB 1476. AB 3172 was held in the Senate Governance and Finance Committee.

AB 1269 (Blanca Rubio) 2019, would have allowed the City of El Monte to dispose of a portion of Pioneer Park, subject to certain conditions. AB 1269 was held in the Senate Governance and Finance Committee.

AB 1330 (Reyes), Chapter 476, Statutes of 2018, allowed the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park, subject to certain conditions.

SB 178 (Weickowski), Chapter 458, Statutes of 2017, authorized the City of Fremont to transfer 4.6 acres of park property to the Fremont Unified School District, provided the City adhered to specific program guidelines, as defined.

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.

1. Arguments in Support. The City of Laguna Woods, co-sponsor of this measure, states, “The City and OCFA have worked for many years to identify potential locations for a new fire station before concluding that the proposed location would be the most protective of public safety and cost effective.

“The OCFA is a joint powers authority providing fire and emergency medical services (EMS) to the City and its residents. In 2022, there were 5,762 incident reports of which 4,483 were EMS calls. The only fire station located within the City is on its eastern boundary. An increase in call volume, community growth, and traffic is leading to longer travel times for the existing fire station in responding to the western portions of the City, which include residences, wildland-urban interface areas, and two 13-story residential towers. The City is advised by OCFA that the proposed location for a new Fire Station 12 would prevent exceedances of OCFA’s established optimal response time standards, which are based on national standards.

“The proposed location is known as City Centre Park (Park), owned by the City, and the recipient in 2004 of a $220,000 Proposition 40 grant award for various capital improvements. This was only a portion of funding used by the City to improve the Park. In 2022, the City had the portion of the Park proposed for use as a fire station appraised. The appraisal estimated the fair market value of that portion of the Park at $212,000.”

1. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Laguna Woods

Orange County Fire Authority

Opposition

None on file

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

 THIRD READING  

Bill No: SB 475

Author: Min (D)

Amended: 4/19/23

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 8-0, 4/26/23

AYES: Caballero, Seyarto, Blakespear, Dahle, Durazo, Glazer, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Park property: City of Laguna Woods: City Centre Park

SOURCE: City of Laguna Woods

Orange County Fire Authority

DIGEST:

This bill allows the City of Laguna Woods in Orange County to use a portion of its City Centre Park property for the purpose of constructing a new fire station, if specified conditions are met.

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 City of Laguna Woods (City), by January 1, 2026, to remove a portion of City Centre Park (Park) from public recreation use for the purpose of constructing a new fire station, subject to the reinvestment of $212,000 in capital improvements to the remaining Park, as required by the receipt of previous state grant funds.
2. Defines the Park to mean “the approximately 0.32 acre portion of City Centre Park to be removed from public recreation use by the City and used as a fire station.”
3. States that the $212,000 reinvestment is based upon an independent appraisal of the portion of the Park proposed to be removed from public recreation use.
4. Requires the City to develop a plan for capital improvements to be made to the remaining Park that meets the following requirements:
   
   1. The plan must include $212,000 of capital improvements in the remaining Park.
   2. The City must conduct at least two public hearings to solicit the input of residents for the capital improvements to be made.
   3. The City Council must approve the plan and it must be submitted to the state Department of Parks and Recreation (DPR) on or before January 1, 2025.
   4. The plan must enhance the active or passive recreational utility to the public of the remaining Park.
   5. The DPR must approve the plan developed pursuant to the requirements of the bill before any improvements are made.
      
5. Provides legislative findings and declarations supporting its purposes and makes an additional finding and declaration regarding the need for special legislation.

Background

Park financing. 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, including:

• The RZH Program Act (SB 174, Roberti, Chapter 160, Statutes of 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.
  
• Community Parklands Act (SB 806, Presley, Chapter 5, Statutes of 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, Chapter 471, Statutes of 1999) placed Proposition 12 on the statewide ballot. This Act authorized a $2.1 billion general obligation bond to provide funds to protect natural resources, improve water and air quality, preserve open space and farmland, protect wildlife habitats, and to repair and improve the safety of state and neighborhood parks. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by a specific act of the Legislature.
  
• The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (AB 1602, Keeley, Chapter 875, Statutes of 2001) placed Proposition 40 on the statewide ballot. This Act authorized a $2.6 billion general obligation bond to provide funds to conserve natural resources, acquire and improve state and local parks, and preserve historical and cultural resources. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by specific act of the Legislature.
• The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (SB 5, De León, Chapter 852, Statutes of 2017) placed Proposition 68 on the statewide ballot. This Act authorized the issuance of bonds in an amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.

City Centre Park. According to the City, the City-owned Park was established in 2011.  The Park consists of roughly 0.56 acres and serves the City’s 17,644 residents, 80% of whom are 65 years of age or older, as well as visitors from neighboring areas.  Currently, the only fire station located within the City is on its eastern border.  According to the Orange County Fire Authority (OCFA), there has been an increase in call volume in recent years that has led to longer response times for the western portions of the City, which include residences, wildland-urban interface areas, and two 13-story residential towers. The City and the OCFA state that due to increased call volume, community growth, and traffic, there is a significant need for a second fire station strategically located within the City to provide improved delivery of services.

The OCFA reports that it conducted an analysis in 2019 of undeveloped sites that could physically accommodate a new fire station.  The analysis determined that the Park would be the best location to serve the western portions of the City.  As a result, the City would like to allow for approximately 0.32 acres of the Park property to be used to build a new fire station.  According to the City, “The construction of a new fire station on this property would significantly improve response times and the delivery of lifesaving services, while also enhancing the portion of the Park that would remain by investing $212,000 therein.”  In 2022, the City had the portion of the Park proposed for use as a fire station appraised.  The appraisal estimated the fair market value of that portion to be $212,000.

In 2004, the City was awarded a $220,000 grant funded by Proposition 40 (2002) from the DPR to make a number of capital improvements to the Park property, including construction of a concrete walking path and various landscaping enhancements. According to the City, the receipt of this state grant funding restricts the ability to use the land for non-park purposes.

Comments

1. Purpose of the bill. According to the author, “The one fire station currently serving the City of Laguna Woods is located on its eastern boundary. In recent years there has been an increase in call volume, community growth, and traffic, which, in turn, has led to longer response times for emergencies in the western portions of the City. As a result, there is a significant need to have a second fire station, strategically located within the City, for improved delivery of services. SB 475 will allow the City and OCFA to build a new fire station that will enhance the delivery of services to residents, while also maximizing underutilized City Centre Park land. A new OCFA fire station will improve response times and accommodate the growing public safety demands of Laguna Woods residents and neighboring areas.”
2. Not so fast. If the Legislature enacts SB 475, the City must take a series of actions contingent on several factors, including approval by the DPR, and final approval by both the City Council and the OCFA Board of Directors that would result in construction of a new OCFA fire station. Should the legislation become effective and all approvals are obtained, the City estimates that the earliest construction might potentially begin is fiscal year 2024-25 due to the number and complexity of required planning activities.
   
3. One purpose for another. SB 475 authorizes removing a portion of the Park from public recreation use for a public safety purpose instead via a new fire station. As previously noted, because the City received state grant funds to make capital improvements to the Park, the funds must be used for enhancements to the Park. This bill addresses this restriction by requiring the appraised value of the portion of the park that would be used for the fire station, $212,000, to be reinvested in the remaining area of the Park.

Related/Prior Legislation

AB 954 (Petrie-Norris, 2022) would have allowed the City of Laguna Woods to lease specified park property to a public agency or joint powers authority for purposes related to fire protection or public safety. AB 954 was never heard in the Assembly Local Government Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 5/15/23)

City of Laguna Woods (co-source)

Orange County Fire Authority (co-source)

OPPOSITION: (Verified 5/15/23)

None received

ARGUMENTS IN SUPPORT: According to the City of Laguna Woods, “The City and OCFA have worked for many years to identify potential locations for a new fire station before concluding that the proposed location would be the most protective of public safety and cost effective.”

Prepared by: Cassie Royce / GOV. & F. / (916) 651-4119

5/17/23 15:09:36

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Anna M. Caballero, Chair

2023 - 2024 Regular

Park property: City of Laguna Woods: City Centre Park

Allows the City of Laguna Woods in Orange County to use a portion of its City Centre Park property for the purpose of constructing a new fire station, if specified conditions are met.

Background

Park financing. 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, including:

• Roberti Z’berg-Harrison 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. Property acquired or developed with grant money from this Act must be used by the grant recipient exclusively for the purpose the grant moneys were requested.
• Community Parklands Act of 1986. Placed Proposition 43 on the statewide ballot. 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.
• Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Placed Proposition 12 on the statewide ballot. This Act authorized a $2.1 billion general obligation bond to provide funds to protect natural resources, improve water and air quality, preserve open space and farmland, protect wildlife habitats, and to repair and improve the safety of state and neighborhood parks. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by specific act of the Legislature.
• California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Placed Proposition 40 on the statewide ballot. This Act authorized a $2.6 billion general obligation bond to provide funds to conserve natural resources, acquire and improve state and local parks, and preserve historical and cultural resources. The Act requires grant recipients to use the property only for the purposes for which the grant was made except as authorized by specific act of the Legislature.
• California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Placed Proposition 68 on the statewide ballot. This Act authorized the issuance of bonds in an amount of $4 billion pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program.

Shifting parks and priorities. Some local agencies decided that certain park properties no longer served their respective cities best interests, but wanted to maintain the same recreational opportunities in their respective communities. In cases like these, despite the limitations that parks funded with the aforementioned state funds only be used for park purposes, the Legislature has allowed local agencies to dispose of particular park properties provided that the local agency identified replacement park property:

• AB 1476 (Gray, 2022) allowed the City of Modesto to dispose of Beard Brook Park, subject to certain conditions.
• AB 1330 (Reyes, 2018) allowed the Bloomington Recreation and Park District to dispose of property used for park purposes at Ayala Park, subject to certain conditions.
• SB 178 (Weickowski, 2017) authorized the City of Fremont to transfer 4.6 acres of park property to the Fremont Unified School District, provided the City adhered to specific program guidelines, as defined.
• SB 1027 (Nielsen, 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, 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, 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.

City Centre Park. According to the City of Laguna Woods (City), the City-owned City Centre Park (Park) was established in 2011.  The park consists of approximately 0.56 acres and serves the City’s 17,644 residents, 80% of whom are 65 years of age or older, as well as visitors from neighboring areas.  Currently the only fire station located within the City is on its eastern border.  According to the Orange County Fire Authority (OCFA), there has been an increase in call volume in recent years that has led to longer response times for the western portions of the City, which include residences, wildland-urban interface areas, and two 13-story residential towers.  The City and OCFA state that due to increased call volume, community growth, and traffic, there is a significant need for a second fire station strategically located within the City to provide improved delivery of services.

The OCFA reports that it conducted an analysis in 2019 of undeveloped sites that could physically accommodate a new fire station.  The analysis determined that the Park would be the best location to serve the western portions of the City.  As a result, the City would like to allow for approximately 0.32 acres of the Park property to be used to build a new fire station.  According to the City, “The construction of a new fire station at the Park would significantly improve response times and the delivery of lifesaving services, while also enhancing the portion of the Park that would remain by investing $212,000 therein.”  In 2022, the City had the portion of the Park proposed for use as a fire station appraised.  The appraisal estimated the fair market value of that portion of the Park at $212,000.

In 2004, the City was awarded a $220,000 grant funded by Proposition 40 (2002) from the state Department of Parks and Recreation (DPR) to make a number of capital improvements to the Park, including construction of a concrete walking path and various landscaping enhancements. According to the City, the receipt of this state grant funding restricts the ability to use the land for non-park purposes.

The City of Laguna Woods and OCFA want the Legislature to authorize the use of a portion of City Centre Park for the construction of a new fire station despite the past receipt of state park grant funds for the property.

Proposed Law

Senate Bill 475 authorizes the City of Laguna Woods, by January 1, 2026, to remove a portion of City Centre Park from public recreation use for the purpose of constructing a new fire station, subject to the reinvestment of $212,000 in capital improvements to the remaining City Centre Park, as required by the receipt of previous state grant funds used for capital improvements to the property.

The bill defines City Centre Park to mean “the approximately 0.32 acre portion of City Centre Park to be removed from public recreation use by the City of Laguna Woods and used as a fire station.”

The measure states that the $212,000 reinvestment is based upon an independent appraisal of the portion of the Park proposed to be removed from public recreation use.

The bill requires the City to develop a plan for capital improvements to be made to the remaining Park that meets the following requirements:

• The plan must include capital improvements in the amount of $212,000 in the remaining City Centre Park.
• The City must conduct at least two public hearings to solicit the input of residents of the City for the capital improvements to be made.
• The City Council must approve the plan and it must be submitted to DPR on or before January 1, 2025.
• The plan must enhance the active or passive recreational utility to the public of the remaining City Centre Park.
• DPR must approve the plan developed pursuant to the requirements of the bill before any improvements are made.

Lastly, the measure includes legislative findings and declarations supporting its purposes and makes an additional finding and declaration regarding the need for special legislation.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “The one fire station currently serving the City of Laguna Woods is located on its eastern boundary. In recent years there has been an increase in call volume, community growth, and traffic, which in turn has led to longer response times for emergencies in the western portions of the City. As a result, there is a significant need to have a second fire station, strategically located within the City, for improved delivery of services.

SB 475 will allow the City of Laguna Woods and OCFA to build a new fire station that will enhance the delivery of services to residents, while also maximizing underutilized City Centre Park land. A new OCFA fire station will improve response times and accommodate the growing public safety demands of Laguna Woods residents and neighboring areas.”

2. Not so fast. If the Legislature enacts SB 475, the City must take a series of actions contingent on several factors, including approval by DPR, and final approval by both the City Council and OCFA Orange County Fire Authority Board of Directors that would result in construction of a new OCFA fire station. Should the legislation become effective and all approvals are obtained, the City states it would still need to:

• Comply with applicable state laws regarding the use of park property for non-park purposes; unencumber the property of deed restrictions that would otherwise preclude the construction and operation of a fire station;
• Negotiate with OCFA for the construction and operation of a fire station including, a long-term lease agreement, subject to approval by the City Council;
• Partner with OCFA to contact surrounding property owners to discuss a potential new fire station and solicit community input;
• Coordinate with OCFA on matters affecting the design of a fire station, such as modifications and easements related to traffic control devices, medians, sidewalks, and public access to the remaining City Centre Park; and
• Enter into negotiated cost recovery agreements with OCFA to reimburse the City for costs associated with the project.

Due to the number and complexity of these required actions, the City estimates that the earliest construction might potentially begin is Fiscal Year 2024-25.

3. One purpose for another. SB 475 authorizes removing a portion of the Park from public recreation use for a public safety purpose instead via a new fire station. As previously noted, because the City received state grant funds to make capital improvements to the Park, the funds must be used for enhancements to the Park. This bill addresses this restriction by requiring the appraised value of the portion of the park that would be used for the fire station, $212,000, to be reinvested in the remaining area of the Park.

4. Prior legislation. AB 954 (Petrie-Norris, 2022) would have allowed the City of Laguna Woods to lease specified park property to a public agency or joint powers authority for purposes related to fire protection or public safety. AB 954 was never heard in the Assembly Local Government Committee.

5. Special legislation. The California Constitution prohibits special legislation when a general law can apply (Section 16 of Article IV). SB 475 contains findings and declarations explaining the need for legislation that applies only to City Centre Park in the City of Laguna Woods because of the unique circumstances concerning the property and the City’s desire to increase public safety and emergency response times.

Support and Opposition

(4/21/23)

Support: City of Laguna Woods (Co-Sponsor)
Orange County Fire Authority (Co-Sponsor)

Opposition: None submitted.

-- END --