Bill Text: CA AB3090 | 2017-2018 | Regular Session | Amended
Bill Title: State property: Department of the California Highway Patrol.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB3090 Detail]
Download: California-2017-AB3090-Amended.html
|
Amended
IN
Assembly
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 3090 |
| Introduced by Assembly Member Gloria |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
AB 3090, as amended, Gloria.
County health and human services. State property: Department of the California Highway Patrol.
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, all or a portion of the Pacific Highway Property, located at 4902 Pacific Highway in the City of San Diego, currently used by the Department of the California Highway Patrol as its San Diego area office, that is specifically declared not to be surplus to the needs of the state, and in return, to acquire land and facilities to provide a substitute location capable of accommodating its presently necessary and received future expansion. The bill would also provide
that funds received from the sale, exchange lease, or any combination thereof of the real property would be appropriated to the Department of General Services to expend for the purposes of the bill.
The bill would require the director to initially offer the Pacific Highway Property for disposition to the City of San Diego for purposes of a local government-owned facility to be used for affordable housing, and under terms and conditions that provide for continuous operation of the state’s facilities at the Pacific Highway Property until relocation is accomplished. The bill would authorize the director, if the City of San Diego is unable to enter into an agreement within 120 days after notice from the Department of General Services, to instead offer the property for disposition to the public through a competitive selection process determined by the director to be in the best interest of the state.
The bill would require the
Department of General Services to be reimbursed for any reasonable cost or expense incurred in the disposition of the Pacific Highway Property from the proceeds of the disposition. The bill would also require the Department of General Services to obtain approval from the Department of Finance prior to the execution of any disposition agreement regarding the Pacific Highway Property, and to notify the chairperson of the Senate Committee on Appropriations, the chairperson of the Assembly Committee on 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, as provided.
Existing law authorizes the board of supervisors of a county to organize, pursuant to ordinance or charter, the delivery of health and human services for which county government is responsible under state law into departments that provide human assistance, human services, and medical systems.
This bill would make technical, nonsubstantive changes to that provision.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 14673.4 is added to the Government Code, to read:14673.4.
(a) The Legislature finds and declares all of the following:(1) The state owns real property located at 4902 Pacific Highway in the City of San Diego, currently used by the Department of the California Highway Patrol as its San Diego area office.
(2) For the purposes of this section, the real property described in paragraph (1) shall be referred to as the “Pacific Highway Property.”
(3) The San Diego area office of the Department of the California Highway Patrol has outgrown the facilities on the Pacific Highway Property, and relocating the operations of the San Diego area office to a location that will
accommodate presently necessary and future expansion will better protect the health and safety of the residents of the state.
(4) The Pacific Highway Property may be sold, exchanged, leased, or any combination thereof and the proceeds used to carry out the intent of the Legislature to provide a substitute location for the San Diego area office of the Department of the California Highway Patrol capable of accommodating its presently necessary and future expansion.
(5) Because the subject property is unsuitable to the needs of the state rather than surplus, the Legislature hereby finds and declares that the disposition of the Pacific Highway 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 and shall not be subject to 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 Pacific Highway 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) to provide a substitute location for the San Diego area office of the Department of the California Highway Patrol capable of accommodating its presently necessary and future expansion.
(c) The director shall initially offer the Pacific Highway Property for disposition, pursuant to the authorization described in subdivision (b), to the City of San Diego for purposes of a local government-owned facility to be used for affordable housing, and under terms and conditions that provide for continuous operation of the state’s facilities at the Pacific
Highway Property until relocation is accomplished. If the City of San Diego is unable to enter into an agreement for the disposition of the Pacific Highway Property within 120 days after notice from the Department of General Services, the director may offer the Pacific Highway 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 approved by the Department of General Services or pursuant to a competitive selection process. Compensation for the Pacific Highway 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 incurred for the transactions described in this section from the proceeds of the sale, lease, exchange, or combination thereof of the Pacific Highway Property.
(f) For the purposes of this section, the Pacific Highway 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) The director may enter into one or more agreements, contracts, or leases to provide for the continuous operation of the San Diego area office of the Department of the California Highway Patrol capable of accommodating its presently necessary and future expansion.
(h) (1) Any funds received from the sale, exchange, lease, or any combination thereof, of all or a portion of the
Pacific Highway Property authorized by this section shall be held in trust and used only for the acquisition, lease, lease-purchase, lease with an 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 the purposes of this section, the terms “lease” or “leases” mean a lease or the selection and acquisition of a lease-purchase, lease-purchase finance, or lease with an option to purchase.
(i) Notwithstanding Section 14669, if the City of San Diego fails to enter into an agreement for the disposition of the Pacific Highway Property as described in subdivision (c), the Department of General Services shall advertise the availability of the Pacific Highway Property and award the sale, lease, exchange, or any
combination thereof, of all or a portion of the Pacific Highway 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 Pacific Highway Property for a period not to exceed 66 years.
(j) (1) The Department of General Services shall develop the terms and conditions of any disposition agreement regarding the Pacific Highway Property, and provide them to the Department of Finance for review before soliciting bids.
(2) The Department of General Services shall obtain approval from the Department of Finance before the execution of any disposition agreement regarding the Pacific Highway Property.
(3) The Department of General Services shall notify the chairperson of the Senate Committee on Appropriations, the chairperson of the Assembly Committee on 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.
Notwithstanding Sections 24300 and 24304, the board of supervisors of a county may organize, pursuant to ordinance or charter, the delivery of health and human services for which county government is responsible under state law into departments that provide human assistance, human services, and medical systems. A county board of supervisors
that elects to organize the delivery of health and human services pursuant to this section may consolidate, integrate, and separate duties and functions of county offices, and organizational units within departments, to the extent deemed necessary by the board of supervisors, consistent with the provisions of this division.
