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AB-3172 Park property: City of Modesto: Beard Brook Park.(2019-2020)



Current Version: 07/27/20 - Amended Senate         Compare Versions information image


AB3172:v97#DOCUMENT

Amended  IN  Senate  July 27, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3172


Introduced by Assembly Member Gray

February 21, 2020


An act relating to park property.


LEGISLATIVE COUNSEL'S DIGEST


AB 3172, as amended, Gray. Park property: City of Modesto: Beard Brook Park.

The California Park and Recreational Facilities Act of 1984 authorizes the issuance of bonds for the purpose of providing funds to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park, beach, recreational, or historical resources preservation purposes. The act prohibits the use of the grant funds unless the applicant has agreed to certain conditions, including, but not limited to, using the property only for the purposes for which the grant was made and making no other use or sale or other disposition of the property, except as authorized by a specific act of the Legislature.

The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) authorizes the issuance of bonds for the purpose of financing a program for the acquisition, development, improvement, rehabilitation, restoration, enhancement, and protection of park, recreational, cultural, historical, fish and wildlife, lake, riparian, reservoir, river, and coastal resources, as specified. 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.

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

This bill would authorize the City of Modesto to dispose of all or a portion of Beard Brook Park acquired, developed, or improved with grant moneys from the bonds acts bond act described above, subject to the acquisition of property of equal or greater value, replacement park property, as approved by the Department of Parks and Recreation, and at no cost to the state, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 (a) It As used in this section, “department” means the Department of Parks and Recreation.
(b) It is the intent of the Legislature that the disposition of park property and the acquisition of replacement park property of equal or greater recreational value authorized under this act is for the sole purpose of increasing recreational opportunities in the City of Modesto.

(b)

(c) Notwithstanding any other law, the City of Modesto, may, pursuant to subdivision (b) of Section 5786.1 of the Public Resources Code, Modesto may dispose of all or a portion of Beard Brook Park acquired, developed, or improved with grant moneys from the California Park and Recreational Facilities Act of 1984 (Chapter 1.691 (commencing with Section 5096.225) of Division 5 of the Public Resources Code), the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code), and the Community Parklands Act of 1986 (Chapter 3.7 (commencing with Section 5700) of Division 5 of the Public Resources Code), subject to the acquisition of property of equal or greater value, replacement park property, as approved by the Department of Parks and Recreation, department, to be used for park purposes, subject to all applicable requirements of these that bond acts, act, and at no cost to the state. state, if the city first fulfills all of the following requirements:
(1) The city obtains an independent appraisal of the fair market value of the park property to be disposed in Beard Brook Park, as approved by the department, and submits the appraisal to the department no later than November 1, 2020.
(2) The city obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department no later than November 1, 2020.
(3) The fair market value of the proposed replacement park property is equal to or greater than the highest of the following:
(A) The original amount of the grant received by the city for the acquisition or development of Beard Brook Park.
(B) The fair market value of the park property to be disposed in Beard Brook Park.
(C) The actual sales price of the park property to be disposed in Beard Brook Park.
(4) The recreational utility to the public of the replacement park property is equal to or greater than that of the park property to be disposed in Beard Brook Park, as approved by the department.
(5) Before the city may dispose of any property within Beard Brook Park, the city shall enter into a written agreement with the department to transfer all of the city’s responsibilities and obligations pursuant to any grant contract applicable to Beard Brook Park to the replacement park property, in perpetuity.
(6) Before the city may dispose of any property within Beard Brook Park, the city shall enter into a written agreement with the department to transfer all of the city’s responsibilities and obligations pursuant to any grant contract applicable to Beard Brook Park to the replacement park property, in perpetuity.

(c)

(d) Property acquired pursuant to subdivision (b) (c) shall be used for the Beard Tuolumne River Park purposes and shall be subject to all applicable requirements of the California Park and Recreational Facilities Act of 1984, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act), and the Community Parklands Act of 1986. Act).

(d)

(e) Property acquired pursuant to subdivision (b) (c) shall be acquired before or simultaneous with disposing of the Beard Brook Park property described in subdivision (b). (c).