Bill Text: CA AB3172 | 2019-2020 | Regular Session | Amended

California Assembly Bill 3172 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Park property: City of Modesto: Beard Brook Park.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-27 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. [AB3172 Detail]

Download: California-2019-AB3172-Amended.html

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 ~~express the intent of the Legislature to enact subsequent legislation that would~~ authorize the City of Modesto to dispose of all or a portion of Beard Brook Park ~~acquired or developed~~ acquired, developed, or improved with grant moneys from ~~that bond act,~~ the bonds acts described above, 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.
(a) 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 Modesto.
(b) Notwithstanding any other law, the City of Modesto, may, pursuant to subdivision (b) of Section 5786.1 of the Public Resources Code, 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, as approved by the Department of Parks and Recreation, to be used for park purposes, subject to all applicable requirements of these bond acts, and at no cost to the state.
(c) Property acquired pursuant to subdivision (b) 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.
(d) Property acquired pursuant to subdivision (b) shall be acquired before or simultaneous with disposing of the Beard Brook Park property described in subdivision (b).

SECTION 1.
It is the intent of the Legislature to enact subsequent legislation that would authorize the City of Modesto to dispose of all or a portion of Beard Brook Park acquired or developed 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 property of equal or greater value, as approved by the Department of Parks and Recreation, to be used for park purposes, subject to the requirements of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, and at no cost to the state.