Bill Text: CA SB519 | 2017-2018 | Regular Session | Amended

California Senate Bill 519 (Prior Session Legislation)

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

Bill Title: State highways: property leases.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-09-17 - Chaptered by Secretary of State. Chapter 444, Statutes of 2018. [SB519 Detail]

Download: California-2017-SB519-Amended.html

Amended IN Assembly August 23, 2018

Amended IN Senate January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 519

Introduced by ~~Senator Beall~~ Senators Beall and Bradford
(Principal coauthor: Assembly Member Gipson)
(Coauthor: Assembly Member Kalra)

February 16, 2017

~~An act to amend Section 7.9 of the Santa Clara Valley Water District Act (Chapter 1405 of the Statutes of 1951), relating to the Santa Clara Valley Water District.~~ An act to add Section 104.26 to the Streets and Highways Code, relating to state highways.

LEGISLATIVE COUNSEL'S DIGEST

SB 519, as amended, Beall. ~~Santa Clara Valley Water District.~~ State highways: property leases.

Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions, including specific provisions governing leases of airspace and other property in the City and County of San Francisco for purposes of an emergency shelter or feeding program, and at a lease cost of $1 per month and payment of an administrative fee not to exceed $500 per year.Existing law also requires that a lease be offered on a right of first refusal by the department to the city and county or a political subdivision of the city and county and authorizes leases of property for park, recreational, or open-space purposes, subject to certain additional terms and conditions.
This bill would authorize the department to offer leases to the Cities of Los Angeles and San Jose on a right of first refusal basis for any airspace under a freeway or certain real property acquired for highway purposes located in each city for purposes of an emergency shelter or feeding program for a lease amount, for up to 10 parcels, of $1 per month, and a payment of an administrative fee not to exceed $500 per year, as specified.
Existing law, the Santa Clara Valley Water District Act, creates the Santa Clara Valley Water District and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. The district act requires the board of directors to adopt a resolution that divides the district into 7 electoral districts and requires one director to be elected by the voters of each electoral district, as prescribed. The district act requires a candidate for the board of directors to be a resident in the electoral district for which he or she is a candidate and to continue to reside within the electoral district during his or her term of office. The district act requires a vacancy in the office of any director to be filled, as specified.
This bill would require any director appointed or elected to fill a vacancy to represent the electoral district in which the vacancy occurred and to be a qualified elector residing in the electoral district in which the vacancy occurred.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 104.26 is added to the Streets and Highways Code, to read:

104.26.
(a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(b) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of San Jose, that is not excess property, may be offered for lease on a right of first refusal by the department to the city, or to a political subdivision of the city, for purposes of an emergency shelter or feeding program.
(2) For up to 10 parcels, the lease amount for emergency shelter or feeding programs shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(3) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.

SECTION 1.Section 7.9 of the Santa Clara Valley Water District Act (Chapter 1405 of the Statutes of 1951), as amended by Chapter 443 of the Statutes of 2009, is amended to read:
Sec. 7.9.
A vacancy in the office of any director shall be filled pursuant to Section 1780 of the Government Code. Any director appointed or elected to fill a vacancy shall represent the electoral district in which the vacancy occurred and shall be a qualified elector residing in the electoral district in which the vacancy occurred.