Bill Text: CA SB178 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: State property: Department of Forestry and Fire

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 564, Statutes of 2009. [SB178 Detail]

Download: California-2009-SB178-Introduced.html

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BILL NUMBER: SB 178	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 17, 2009

   An act to add Section 14673.9 to the Government Code, relating to
state property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 178, as introduced, Aanestad. State property: Department of
Forestry and Fire Protection.
   Existing law authorizes the Director of General Services to
acquire and convey real property for the state, whenever that
transfer of the real property is authorized or contemplated by law.
   This bill would authorize the director to sell, lease, exchange,
or any combination thereof, approximately 3 acres of real property in
the City of Redding, currently used by the Department of Forestry
and Fire Protection as its Shasta-Trinity Unit Headquarters, that is
specifically declared not to be surplus to the needs of the state.
The bill would require the director to initially offer the real
property for disposition to the City of Redding. The bill would
authorize the director to offer the real property to the public
through a competitive selection process determined by the director to
be in the best interest of the state, if the City of Redding is
unable to enter an agreement for the disposition of the real
property. The bill would also authorize the director to enter into
one or more agreements or leases for the purpose of providing a
substitute location for the Shasta-Trinity Unit Headquarters on or
near the Redding Airport. The bill would provide that any use or
redevelopment of the real property awarded to a nongovernmental
entity not involving the exercise of sovereign activities of the
state or another government agency would be subject to the zoning and
building code regulations of the City of Redding.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14673.9 is added to the Government Code, to
read:
   14673.9.  (a) The Legislature finds and declares all of the
following:
   (1) The state owns approximately three acres of real property
located at 875 Cypress Avenue in the City of Redding, currently used
by the Department of Forestry and Fire Protection as its
Shasta-Trinity Unit Headquarters.
   (2) For purposes of this section, the real property described in
paragraph (1) shall be referred to as the "Cypress Property."
   (3) The Shasta-Trinity Unit of the department has outgrown the
deteriorating facilities on the Cypress Property.
   (4) The department has other operations on and near the Redding
Airport, and relocating, consolidating, and expanding the operations
of the Shasta-Trinity Unit on or near that single location will
facilitate and improve the efficiency of the department and better
protect the health and safety of the residents of the state.
   (5) The Cypress Property may be sold, exchanged, leased, or any
combination thereof.
   (6) The disposition of the Cypress Property authorized by this
section does not constitute a sale or other disposition of surplus
state property within the meaning of Section 9 of Article III of the
California Constitution or subdivision (g) of Section 11011.
   (b) The Director of General Services may sell, exchange, lease, or
any combination thereof, all or a portion of the Cypress Property.
   (c) The director shall initially offer the Cypress Property for
disposition, pursuant to the authorization described in subdivision
(b), to the City of Redding. If the City of Redding is unable to
enter into an agreement for the disposition of the Cypress Property,
the director may offer the Cypress Property for disposition, as
described in subdivision (b), to the public through a competitive
selection process determined by the director to be in the best
interest of the state.
   (d) Any exchange, lease, or sale of properties carried out
pursuant to this section shall be for no less than fair market value,
as determined by an independent appraisal or pursuant to a
competitive selection process. Compensation for the Cypress Property
may include land, or a combination of land, improvements, and money.
   (e) The Department of General Services shall be reimbursed for any
reasonable cost or expense for the transactions described in this
section from the proceeds of the sale, lease, exchange, or
combination thereof of the Cypress Property.
   (f) For purposes of this section, the Cypress Property shall not
be subject to the provisions of Section 11011.1 or Article 8
(commencing with Section 54220) of Chapter 5 of Part 1 of Division 2
of Title 5.
   (g) (1) The director may enter into one or more agreements or
leases for the purpose of providing a substitute location for the
Shasta-Trinity Unit Headquarters on or near the Redding Airport in
order to consolidate or expand the operations of the Shasta-Trinity
Unit of the Department of Forestry and Fire Protection.
   (2) Upon appropriation by the Legislature, the director shall use
the proceeds of any sale, exchange, lease, or combination thereof
made pursuant to subdivision (b) to relocate, consolidate, or expand
the operations of the Shasta-Trinity Unit of the Department of
Forestry and Fire Protection, on or near the Redding Airport.
   (h) (1) Notwithstanding Section 14669, if the City of Redding
fails to enter into an agreement for the disposition of the Cypress
Property, the Department of General Services shall advertise the
availability of the Cypress Property and award the sale, lease,
exchange, or any combination thereof, all or a portion of the Cypress
Property to the proposer offering to provide a building or buildings
that meet the state's requirements if the director determines that
the sale, lease, exchange, or any combination thereof to be in the
best interest of the state. The director may also lease all or part
of the Cypress Property for a period not to exceed 66 years.
   (2) Any use or redevelopment of the Cypress Property awarded to a
nongovernmental entity pursuant to this section and not involving the
exercise of sovereign activities of the state or another government
agency shall be subject to the zoning and building code regulations
of the City of Redding.
   (i) The Department of General Services shall develop the terms and
conditions of any disposition agreement regarding the Cypress
Property, and provide them to the Department of Finance for review
prior to soliciting bids. The Department of General Services shall
obtain approval from the Department of Finance prior to the execution
of any disposition agreement regarding the Cypress Property.