(1) The California Wildlife, Coastal, and Park Land Conservation Act, an initiative measure approved by the voters in the June 7, 1988, statewide primary election, provided bond funds for wildlife, coastal, and parkland conservation. The initiative measure authorizes the act to be amended by a 2 3 vote of the Legislature if the amendment is consistent with the purposes of the act. Existing law requires an applicant receiving state funds under the act to maintain any property acquired in perpetuity, as specified, to use the property only for the purposes stated in the act, and to make no other use, sale, or other disposition of the property except as authorized by a specific act of the Legislature. Existing law authorizes the County of San Bernardino to sell or exchange property it owns within the Chino Agricultural Preserve that was purchased with grant funds if it meets certain conditions.

Among those conditions, existing law requires the county to preserve all lands and conservation easements acquired or dedicated as authorized by the act in perpetuity for open-space conservation purposes or agricultural preservation, and specifies that agricultural conservation includes community gardens, agricultural heritage projects, agricultural and wildlife education, or wildlife habitat.

This bill would additionally authorize preservation of those lands or easements for park and recreational purposes, and would explicitly include, to the extent they are consistent with the purposes of the act, playgrounds, recreational venues, and preservation of historical resources as appropriate purposes.

(2) Existing law prohibits the county from selling, exchanging, or otherwise acquiring replacement land or conservation easements unless and until the Board of Supervisors for the County of San Bernardino adopts a detailed land plan. Existing law requires the land plan to, among other things, identify each parcel of property acquired with grant funds and show the specific parcels the county will sell, exchange, purchase, or retain. Existing law requires the land plan to be approved by the Department of Parks and Recreation, as specified. Existing law authorizes the county to propose a plan to the department for the expenditure of any unexpended proceeds from the sale or exchange of land under the land plan for the acquisition of land or easements, or capital improvements to land or easements purchased with grant funds.

This bill would eliminate the explicit authorization and procedures specifically applicable to the expenditure of the unexpended proceeds.

Existing law authorizes the county to use all income generated from the properties it owns within the preserve that were purchased with grant funds, or that were acquired by exchange or purchase as authorized, except revenues from the sale or exchange of land, for the acquisition of additional replacement land within the preserve pursuant to the land plan or for the improvement, operation, and maintenance of existing or replacement land within the preserve.

This bill would authorize the county to use the revenues from the sale or exchange of land for these purposes, and would specify new purposes for which that revenue, and all income generated from the properties the county owns within the preserve that were purchased with grant funds or that were acquired by exchange or purchase, may be used. The bill would prohibit the revenues and income from being granted to a private entity, except as provided.

The bill would declare that these requirements are an amendment of the act within the meaning of Section 6 of the act and is consistent with the act.