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AB-1269 Park property: City of El Monte: Pioneer Park.(2019-2020)

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Date Published: 04/30/2019 08:55 AM
AB1269:v97#DOCUMENT

Revised  May 15, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  April 09, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1269


Introduced by Assembly Member Blanca Rubio
(Coauthor: Senator Rubio)

February 21, 2019


An act relating to park property. property, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1269, as amended, Blanca Rubio. Park property: City of El Monte: Pioneer Park.
The Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act provides grants to cities, counties, and certain 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 park 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.
The California Wildlife, Coastal, and Park Land Conservation Act, an initiative bond measure approved by the voters at the June 7, 1988, statewide primary election, provides bond funds for wildlife, coastal, and parkland conservation, and for the acquisition of park property, as specified. The act prohibits state funds from being disbursed unless the applicant agrees to use the property for the purposes of the act and prohibits the use, sale, or other disposition of the property except as authorized by a specific act of the Legislature.
This bill would authorize the City of El Monte to sell or dispose of specified park property, in whole or in part, for transit-oriented development, as defined, as long as specified conditions are satisfied, including that the city adopts a park relocation ordinance and approves a public park development plan and a park relocation budget. The bill would require the Department of Parks and Recreation to approve these items, as provided. all or a portion of Pioneer Park property acquired or developed with 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.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature that the disposition of park property and the acquisition of replacement property of equal or greater recreational value authorized under this act is for the sole purpose of increasing recreational opportunities in the City of El Monte.

SEC. 2.

 (a) Notwithstanding any other law, the City of El Monte may dispose of all or a portion of current Pioneer Park property acquired or developed with grant moneys from the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code), the Community Parklands Act of 1986 (Chapter 3.7 (commencing with Section 5700) of Division 5 of the Public Resources Code), and the California Wildlife, Coastal, and Park Land Conservation Act (Division 5.8 (commencing with Section 5900) of the Public Resources Code), 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.
(b) Property acquired pursuant to subdivision (a) shall be used for park purposes and shall be subject to all applicable requirements of the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act, the Community Parklands Act of 1986, and the California Wildlife, Coastal, and Park Land Conservation Act.
(c) Property acquired pursuant to subdivision (a) shall be acquired before disposing of the Pioneer Park property described in subdivision (a).

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to authorize the granting of property and urgently needed acquisition of property for park purposes in the City of El Monte at the earliest possible time, it is necessary that this act take effect immediately.
SECTION 1.

(a)For purposes of this section, the following definitions shall apply:

(1)“City” means the City of El Monte.

(2)“Department” means the State Department of Parks and Recreation.

(3)“Fund” means the special fund of the city described in paragraphs (5) and (6) of subdivision (b).

(4)“Parcel 3” means the lands included in Parcel 3 of Tract Map No. 73093, recorded in Book 1409, pages 89 to 96, inclusive, of maps on file in the Office of the Recorder of Los Angeles County. Parcel 3 includes approximately five and one-half acres of land.

(5)“Park relocation budget” means the El Monte City Council-approved budgeted city costs related to: (A) the acquisition of lands for the relocation park site; and (B) the implementation of the public park development plan.

(6)“Park relocation ordinance” means the uncodified ordinance of the El Monte City Council described in paragraph (1) of subdivision (b).

(7)“Public park development plan” means the El Monte City Council-approved schedule and scope of improvement describing the design, construction, installation, and project management for the realignment and relocation of State Historic Marker No. 975 and Pioneer Park new public park facilities and improvements at the relocation park site. The public park development plan shall include a budget for the payment of the cost of installing new public park recreational amenities and landscaping improvements in an amount of not less than one million dollars ($1,000,000) per acre on the lands designated as the public park replacement site. The public park development plan shall be adopted concurrently with the park relocation ordinance.

(8)“Relocation park site” means the lands that shall be designated by the city in the park relocation ordinance as the property on which the city shall implement the public park development plan to replace or relocate State Historic Marker No. 975 and the public park and recreational uses at Pioneer Park. The relocation park site may include portions of Parcel 3 and other contiguous or noncontiguous lands situated anywhere in the city, provided, however, that the relocation park site shall include, at a minimum, the same number of square feet of land that the park relocation ordinance designates for transit-oriented development purposes on Parcel 3 and further provided that no noncontiguous portion of the public park relocation site shall be less than 10,000 square feet in size. Except for the portion of Parcel 3 that may be designated in the park relocation ordinance as being retained for public park or open-space use, no other portion of the relocation park site shall include lands, which as of the date of acquisition of those lands by the city, that are dedicated to a public park or open-space use.

(9)“Transit-oriented development” means the development authorized by the El Monte Gateway Specific Plan to maximize public mass transit ridership by locating employment and housing in the El Monte Gateway Specific Plan area within walking distance of the El Monte Transit Station, which is one of the busiest bus hubs in California.

(b)Notwithstanding any other law, the city may sell or dispose of Parcel 3, in whole or in part, for transit-oriented development purposes provided that all of the following conditions are satisfied:

(1)The city has adopted the park relocation ordinance following a public hearing preceded by at least 30 days’ public notice declaring the necessity of realigning, relocating, or both, State Historic Marker No. 975 and the public park and recreational uses at Pioneer Park, in whole or in part, and providing that the portion of Parcel 3 land that is not identified in the park relocation ordinance for realignment and reuse by the city as public park land, shall be used and improved for transit-oriented development consistent with the El Monte Gateway Specific Plan. The park relocation ordinance shall demonstrate that the land area included in the relocation park site results in no net loss of public park acreage in connection with the disposition of Parcel 3, in whole or in part, for transit-oriented development.

(2)The disposition price of the portion of Parcel 3 designated in the park relocation ordinance to be used for transit-oriented development shall be the greater of the fair market value of that portion of Parcel 3, or the proceeds of the sale of that portion of Parcel 3 realized by the city, whichever amount is greater. The final disposition price of the lands designated in the park relocation ordinance for transit-oriented development shall be set forth in the park relocation ordinance.

(3)The city has approved current appraisals prepared in accordance with State Department of General Services standards, along with the third-party review of the appraisals of: (A) the portion of Parcel 3 to be sold by the city for transit-oriented development; and (B) the relocation park site, and each portion of the relocation park site, and the approved current appraisal values of the lands shall be set forth in the park relocation ordinance.

(4)The city has approved the public park development plan and the park relocation budget as part of the adoption of the park relocation ordinance.

(5)The funds realized by the city from the disposition of Parcel 3, in whole or in part, for transit-oriented development shall be deposited into the fund and used and applied by the city for the following purposes:

(A)To acquire the relocation park site, in whole or in part, from third persons.

(B)To pay for the fair market value of lands owned or acquired by the city, or its related entities, which may be designated in the park relocation ordinance as part of the relocation park site as necessary for the release of special fund use restrictions, bond covenants, and other program income limitation affecting the lands acquired or dedicated by the city for public park use.

(C)To pay for the costs of the implementation of the public park development plan on the relocation park site.

(D)To pay for other public park capital acquisition and improvement costs of the city as may be authorized by the department.

(6)The park relocation ordinance shall establish the fund. The balance of the fund, together with all accrued interest in the fund, shall be used and applied by the city in accordance with the park relocation budget, as described in paragraph (4). The city shall covenant in the park relocation ordinance in favor of the state, to appropriate additional moneys from legally available funds of the city, if necessary to cause the improvements described in the public park development plan to be installed and completed on the relocation park site.

(7)The city shall comply with the public park development plan and park relocation budget, as approved by the department with respect to the expenditures of sums on deposit in the fund for acquisition and improvement of the relocation park site. Any sums that remain in the fund following the implementation of the public park development plan shall be used and applied by the city to pay for other public park capital improvement projects in the city as approved by the department.

(8)All actions that occur pursuant to this section shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(9)Upon the completion of improvement of the new park land improvements on the relocation park site, the city shall record one or more notices of public park lands dedication that declares that the relocation park site, and each portion thereof, shall be used and maintained by the city as public park lands in perpetuity, subject to compliance by the city with the Roberti-Z’berg-Harris Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code).

(c)The disposition of Parcel 3, in whole or part, for transit-oriented development purposes shall not occur until the city has adopted the park relocation ordinance and the department has approved the public park development plan and park relocation budget, and confirmed that the park relocation ordinance, public park development plan, and park relocation budget satisfy the requirements of subdivision (b). The department shall approve the park relocation ordinance, public park development plan, and park relocation budget within 60 days following submission of the adopted park relocation ordinance, public park development plan, and park relocation budget by the city to the department.

(d)The city shall commence the construction and improvement of new public park improvements in accordance with the public park development plan and the park relocation budget, as approved by the department, within 90 days following the date of sale of Parcel 3, or any portion of Parcel 3, by the city for transit-oriented development on not less than two and five-tenths acres of the park relocation site. The city shall complete the improvement of at least five and one-half acres of park land improvements on the relocation park site within five years following the date of sale of Parcel 3, or any portion of Parcel 3, for transit-oriented development purposes.

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REVISIONS:
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