Bill Text: CA AB2279 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Surplus state property: County of Napa.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 595, Statutes of 2010. [AB2279 Detail]

Download: California-2009-AB2279-Amended.html

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BILL NUMBER: AB 2279	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 15, 2010

INTRODUCED BY   Assembly Member Evans
    (   Coauthor:   Senator   Wiggins
  ) 

                        FEBRUARY 18, 2010

   An act to add Section 11011.24 to the Government Code, relating to
state property, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2279, as amended, Evans. Surplus state property: County of
Napa.
   Existing law authorizes the Director of General Services to
dispose of state surplus property, subject to specified conditions,
including authorization by the Legislature.
   This bill would authorize the director to sell or exchange, at
fair market value  based upon an appraisal approved by the
Department of General Services  , all or part of a specified
parcel of state property  only  to the County of Napa upon
those terms, conditions, reservations and exceptions the director
determines are in the best interest of the state, by January 1, 2015.
The bill would require any agreement for the sale or exchange of the
property to include a provision that requires the County of Napa to
retain title to the property for use as a park or wilderness
preserve, or in the event of a future sale of that property by the
county, require the county, by recorded easement, to limit future
uses of the property to a park or wilderness preserve. The bill would
require that any agreement for the sale or exchange of the property
preserve Napa State Hospital's ownership and use of a specified area
known as Camp Coombs. The bill would also require reimbursement of
the Department of General Services for any cost or expense incurred
in the disposition of the property from the proceeds of the
disposition of the property. The bill would require the net proceeds
of any moneys received from the disposition of the property to be
paid into the Deficit Recovery Bond Retirement Sinking Fund
Subaccount, a continuously appropriated fund, thereby resulting in an
appropriation. The bill would permit the County of Napa to enter an
agreement with a nonprofit land trust or nonprofit conservation
entity for the purpose of sharing the cost associated with the sale
or exchange authorized by this bill, provided all its other
requirements are met.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Napa.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Camp Coombs property is used for camping activities for
the nonforensic residents and individuals of Napa State Hospital.
   (b) The Camp Coombs property provides a therapeutic and natural
environment in which the hospital's residents and individuals enjoy
barbeques, picnics, nature walks, and gardening activities. It is
also a vocational worksite where wood from fallen trees is harvested
and cut into firewood that is auctioned off, with the proceeds used
to sponsor activities for the hospital's residents and individuals.
   (c) Camp Coombs is an invaluable resource for providing the
residents and individuals of Napa State Hospital with the ability to
leave the confines of their living spaces and experience nature. In
addition, the hospital also makes Camp Coombs and its facilities
available, free of charge, to other community members such as the Boy
Scouts and the Girl Scouts. The Napa Valley Office of Education
leases and operates a ropes course located at Camp Coombs that is
utilized by the Napa School District for its students to provide them
with field trip opportunities to use the unique obstacle rope
course.
   (d) The loss of Camp Coombs would have a significant impact on
Napa State Hospital's ability to provide treatment to its nonforensic
resident population.
   (e) It is the intention of the County of Napa, in purchasing
Skyline Park from the Department of General Services, to ensure that
Napa State Hospital maintains ownership and usage of, and access to,
the land known as Camp Coombs as part of the Napa State Hospital
campus.
   (f) It is the intent of the Legislature that any final purchase
agreement clearly state that the operations and activities at Camp
Coombs shall remain unobstructed and unaffected by the sale, and that
access to Camp Coombs be preserved through a recorded easement as
part of the final sale agreement. It is further the intent of the
Legislature that no sale agreement include in the land sold to the
County of Napa the land known as Camp Coombs.
  SEC. 2.  Section 11011.24 is added to the Government Code, to read:

   11011.24.  (a) Except as provided in subdivisions (b)  to
(d), inclusive   and (c)  , the Director of General
Services may sell or exchange  , pursuant to Section 11011.1,
 at fair market value  based upon an appraisal approved by
the Department of General Services, only  to the County of Napa,
upon those terms and conditions and subject to those reservations
and exceptions the director determines are in the best interests of
the state, all or any part of the following real property, by January
1, 2015, after which date, if not sold or exchanged  to the
County of Napa  , the property is no longer surplus  and
shall not be available for sale or exchange  :
   Approximately 850 acres of property, currently leased to or
controlled by the County of Napa as part of Skyline Park, located at
the Napa State Hospital, 2100 Napa Vallejo Highway, Napa, in the
County of Napa. 
   (b) Notwithstanding the terms and conditions negotiated pursuant
to subdivision (a), in no event may the director sell or exchange the
property identified in subdivision (a) at a value less than fair
market value.  
   (c) 
    (b)  An agreement for the sale or exchange of the
property  identified in subdivision (a), pursuant to
subdivisions (a) and (b),   identified in, and pursuant
to, subdivision (a),  shall require the County of Napa to retain
title to the entire property sold or exchanged for use as a park or
wilderness preserve, or in the event of the future sale or exchange
of that property by the County of Napa, shall require the County of
Napa, by recorded easement, to limit future uses of the property to a
park or wilderness preserve. 
   (d) 
    (c)  An agreement for the sale or exchange of the
property  identified in subdivision (a), pursuant to
subdivisions (a) and (b),   identified in, and pursuant
to, subdivision (a),  shall preserve Napa State Hospital's
ownership and use of the property known as Camp Coombs, and Camp
Coombs shall not be part of the sale or exchange of the property. An
agreement for the sale or exchange of the property shall include an
easement, that shall be recorded, that provides Napa State Hospital
with access to Camp Coombs. 
   (e) 
    (d)  The Department of General Services shall be
reimbursed for any cost or expense incurred in the disposition of the
property described in subdivision (a) from the proceeds of the
disposition. The net proceeds of any moneys received from the
disposition of the property shall be paid into the Deficit Recovery
Bond Retirement Sinking Fund Subaccount, as established by
subdivision (f) of Section 20 of Article XVI of the California
Constitution. 
   (f) 
    (e)  The County of Napa may enter into an agreement with
a nonprofit land trust or nonprofit conservation entity for the
purpose of sharing the costs associated with making the sale or
exchange authorized by this section, provided that all the
requirements of this section, including, but not limited to, those of
subdivision  (c)   (b)  , are met.
  SEC. 3.  The Legislature finds and declares that, because of the
unique circumstances applicable to the County of Napa, a statute of
general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.