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

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-Amended.html

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BILL NUMBER: SB 178	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 21, 2009

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 17, 2009

   An act to add Section 14673.9 to the Government Code, relating to
state property  , and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 178, as amended, 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   exchange, lease, as defined  , or any
combination thereof,  all or a portion of the Cypress Property,
 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 use the proceeds of any sale, exchange,
lease, or combination thereof of all or a portion of the Cypress
Property to acquire or lease the land and facilities necessary to
provide a substitute location for the Shasta-Trinity Unit
Headquarters on or near the Redding Airport to consolidate or expand
the operations of the Shasta-Trinity Unit, thereby making an
appropriation.  The bill would require the director to initially
offer the  real property   Cypress Property
 for disposition to the City of Redding. The bill would
authorize the director to offer the  real property 
 Cypress 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 
 Cypress 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
  Cypress 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.  The bill
would require the Department of General Services to notify the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee in writing of the director's intention to enter
into a lease or an agreement not less than the minimum time that the
Chairperson of the Joint Legislative Budget Committee is authorized
to determine in each instance. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . 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  and the proceeds may be used to carry out
the intent of the Legislature to consolidate or expand the operations
of the Shasta-Trinity Unit of the Department of Forestry and Fire
Protection to protect the health and safety of the people  .
   (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.
 The director shall use the proceeds of any sale, exchange,
lease, or any combination thereof made pursuant to this subdivision
to acquire the land and facilities described in subdivision (g) in
order to consolidate or expand the operations of the Shasta-Trinity
Unit of the Department of Forestry and Fire Protection. 
   (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) Any funds received from the sale, exchange, lease, or
combination thereof of all or a portion of the Cypress Property
authorized by this section shall be held in trust and used only for
the acquisition, lease, lease-purchase, lease with option to
purchase, or lease-purchase finance of the land and facilities
identified in subdivision (g) and are hereby appropriated to the
Department of General Services for expenditure for the purposes of
this subdivision.  
   (2) For purposes of this section, the term "lease" or "leases"
means a lease, or the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase. 

   (h) 
    (i)  (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) 
    (j)     (1)    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. 
   (2) The Department of General Services shall notify the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, in writing of the director'
s intention to enter into a lease or an agreement, not less than the
minimum time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.