BILL NUMBER: SB 178 CHAPTERED
BILL TEXT
CHAPTER 564
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 8, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JULY 23, 2009
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, 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, 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 a substitute location and
substitute facilities for the Shasta-Trinity Unit Headquarters,
thereby making an appropriation. The bill would require the state to
retain ownership of the portion of the Cypress Property where the
telecommunications tower and the vault are located. The bill would
prohibit the director from disposing of that portion of the Cypress
Property, unless the director makes a specified determination. The
bill would authorize the director to enter into one or more
agreements, contracts, or leases to provide a substitute location and
substitute facilities for the Shasta-Trinity Unit Headquarters, but
would also require the director to provide for the continuous
operation of the Shasta-Trinity Unit Headquarters at the Cypress
Property until relocation is accomplished. The bill would require the
director to initially offer the Cypress Property for disposition,
subject to specified terms and conditions, to the City of Redding.
The bill would authorize the director to offer the 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
Cypress Property, consistent with the requirements of the initial
offer and within 120 days after notice from the Department of General
Services. The bill would provide that any use or redevelopment of
the 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.
Appropriation: yes.
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 in the area, and
relocating, consolidating, and expanding the operations of the
Shasta-Trinity Unit 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 (h).
(c) Notwithstanding subdivision (b), because the
telecommunications tower and vault are critically located on the
Cypress Property for state operations, the state shall retain
ownership of the portion of the Cypress Property where the
telecommunications tower and vault are located, and the Director of
General Services shall not dispose of that portion of the Cypress
Property, as otherwise authorized by subdivision (b), unless the
director determines that the telecommunications tower and vault can
be relocated to another site with equivalent utility as part of the
cost of the relocation authorized pursuant to subdivision (b).
(d) The director shall initially offer the Cypress Property for
disposition, pursuant to the authorization described in subdivision
(b), to the City of Redding for purposes of a local government-owned
facility, and under terms and conditions that provide for continuous
operations of the Shasta-Trinity Unit Headquarters at the state's
Cypress Property facilities until relocation is accomplished. If the
City of Redding is unable to enter into an agreement for the
disposition of the Cypress Property within 120 days after notice from
the Department of General Services, 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.
(e) 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 approved by the Department of General
Services. Compensation for the Cypress Property may include land, or
a combination of land, improvements, and money.
(f) The Department of General Services shall be reimbursed for any
reasonable cost or expense for the transactions described in this
section for the sale, lease, exchange, or combination thereof of the
Cypress Property in accordance with existing policies and procedures.
(g) 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.
(h) The director may enter into one or more agreements, contracts,
or leases to provide a substitute location and substitute facilities
for the Shasta-Trinity Unit Headquarters, but shall provide for the
continuous operation of the state's facilities at the Cypress
Property until relocation is accomplished.
(i) (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 (h) 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.
(j) (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, of 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.
(k) (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.