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AB-1476 Park property: City of Modesto: Beard Brook Park.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
AB1476:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1476


Introduced by Assembly Member Gray

February 19, 2021


An act relating to park property.


LEGISLATIVE COUNSEL'S DIGEST


AB 1476, as introduced, Gray. Park property: City of Modesto: Beard Brook Park.
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 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 bond act described above, subject to the acquisition of replacement park property, as approved by the Department of Parks and Recreation, 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 Modesto.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) 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 authorized under this act is for the sole purpose of increasing recreational opportunities in the City of Modesto.
(c) Notwithstanding any other law, the City of Modesto may dispose of all or a portion of Beard Brook Park acquired, developed, or improved with grant moneys from 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), subject to the acquisition of replacement park property, as approved by the department, to be used for park purposes, subject to all applicable requirements of that bond act, and at no cost to the 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 January 1, 2022.
(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 January 1, 2022.
(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.
(d) Property acquired pursuant to subdivision (c) shall be used for the Beard Tuolumne River Park purposes and shall be subject to all applicable requirements of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act).
(e) Property acquired pursuant to subdivision (c) shall be acquired before or simultaneous with disposing of the Beard Brook Park property described in subdivision (c).

SEC. 2.

 The Legislature 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 Beard Brook Park in the City of Modesto.