Article 2. State Property of California Government Code >> Division 3. >> Title 2. >> Part 5.5. >> Chapter 2. >> Article 2.
The director may acquire title to real property in the name
of the state whenever the acquisition of real property is authorized
or contemplated by law, if no other state agency is specifically
authorized and directed to acquire it. However, after January 1,
1980, if the property is to be constructed, purchased, or leased, or
any interest is acquired in the property, for a period of five years
firm term or more, and the property is located in a standard
metropolitan statistical area (SMSA) with a population of 250,000 or
more according to the most recent decennial census, which is served
by a public transit operator, as defined in Section 99210 of the
Public Utilities Code, and is not located within a public transit
corridor, as defined in Section 50093.5 of the Health and Safety
Code, the property shall be subject to the determination required in
Section 15808.1.
For purposes of this section, "construction" does not include
repair or furnishing.
(a) Notwithstanding subdivision (b) of Section 14669, the
Director of General Services, on behalf of the state, may enter into
an agreement to convert an existing lease or leases for real property
located in the City of Sacramento into a lease-purchase agreement
for the purpose of acquiring office and parking facilities, and any
other improvements, betterments, and facilities related thereto to
provide office space for any state agency. The total purchase price,
excluding financing costs, shall not exceed the market value as
determined by the Department of General Services. The state may incur
costs of financing, including, but not limited to, interest during
acquisition of these facilities, interest payable on any interim loan
from the Pooled Money Investment Account pursuant to Section 16312
or 16313, a reasonably required reserve fund, and the costs of
issuance of interim financing or permanent financing, planning funds,
and funds for environmental documents that may be necessary for
acquisition of these facilities.
(b) The Director of General Services may proceed with acquisition
pursuant to subdivision (a) if the total cost through ownership based
on an analysis of savings to the state over a period commensurate
with the useful life of the building, including the factoring in of
the cost of the building, is determined to be of significant savings
to the state.
(c) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800)), to finance the acquisition of an
office building and parking facilities, and any other improvements,
betterments, and facilities related thereto, as specified in
subdivision (a).
(d) The amount of the revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be sold shall equal the cost of
acquisition and related costs, including financing, of the complex
and facilities.
(e) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Section 16312 or 16313.
(f) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to this section for use by any state agency.
(g) The Director of General Services shall not utilize this
section for more than one project as outlined in the report provided
for in subdivision (b). Any other agreements shall be entered into as
otherwise provided for in this article.
Whenever by statutory enactment or operation of law, a
state agency is abolished or ceases to function, the control and
possession of its assets, unless otherwise provided by law, shall
vest in the Department of General Services for such use or
disposition as the department may deem in the best interest of the
state. In the event such state agency was entirely or substantially
supported from a special fund, any moneys arising out of the use or
disposition of such assets shall be deposited in such special fund or
its successor fund. The unencumbered balance of the assets of a
special fund which has been abolished or repealed shall be disposed
of pursuant to Sections 16346 to 16350, inclusive.
The Director of General Services may acquire any easements
or rights-of-way which the director determines to be necessary for
the proper utilization of real property owned or being acquired by
the state.
This section does not apply to land, easements, or rights-of-way
to be acquired by the Department of Transportation or the High-Speed
Rail Authority.
In any agreement entered into whereby the state obtains a
grant of easement, lease, license, right-of-way, or right of entry
(including without limitation, a right-of-way, or right of entry on
or over property of any railroad), the state agency or its director
entering into the agreement on behalf of the state may agree to
indemnify and hold harmless the grantor, lessor, or licensor and may
agree to repair or pay for any damage proximately caused by reason of
the uses authorized by such easement, lease, license, right-of-way,
or right of entry agreement.
With the consent of the state agency concerned, the director
may establish boundaries between property of the state held in
proprietary capacity and property in private ownership, and execute
and accept in behalf and in the name of the state instruments
necessary to the establishment of any such boundary.
(a) The director may execute grants to real property
belonging to the state in the name and upon behalf of the state,
whenever the sale or exchange of real property is authorized or
contemplated by law, if no other state agency is specifically
authorized and directed to execute the grants. The director may also
execute deeds or any other instruments necessary to correct erroneous
descriptions on deeds by which the state acquired title.
(b) (1) Notwithstanding any other law, upon the written request
and consent of the state agency with control or jurisdiction over the
property concerned, the director may sell, convey, or exchange
properties that are not needed by any state agency at fair market
value following a 30-day notice to the Joint Legislative Budget
Committee and the applicable Members of the Senate and Assembly who
represent the district in which the properties are located, under any
of the following circumstances:
(A) Property, not to exceed five acres, to a local governmental
agency for the purpose of local public works projects, including, but
not limited to, utility rights-of-way, drainage ditches, road
widening, including curbs, gutters, sidewalks, and small parking
lots.
(B) Property with a fair market value of up to one million dollars
($1,000,000) received by the state through the office of the
Attorney General or another state agency as the result of a
foreclosure, seizure, or court action.
(C) Property that is being encroached on, where the adjacent
landowner and the state agency with control or jurisdiction over the
property concerned, the director, and the Attorney General agree that
the best manner in which to resolve the matter is through a sale of
the property or for an exchange of property of equal value.
(D) Property not needed by any state agency with a fair market
value of less than twenty-five thousand dollars ($25,000).
(E) Property, not to exceed 50 acres, that is landlocked, or
without legal access from a public road, street, or highway, if the
sale, conveyance, or exchange is with the owner of an adjoining
property.
(F) Property, not to exceed 15 acres, that is a remainder or
remnant parcel having a diminished economic utility or value due to
its size, shape, location, or other detrimental characteristics if
the sale, conveyance, or exchange is with the owner of an adjoining
property.
(G) Property that is a remainder or remnant parcel of property
acquired as part of a capital outlay project, if the request to sell
the property is made by the jurisdictional agency within one year of
its purchase date.
(2) All funds received by the state pursuant to this subdivision
shall be handled in the identical manner as funds received from state
property disposed of pursuant to Section 11011.
With the consent of the state agency concerned, the director
may execute grants to real property belonging to the state in the
name and upon behalf of the state to the United States of America in
exchange for lands of the latter or for such other considerations, as
the director deems are in the best interests of the state.
Real property acquired by the state by exchange pursuant to this
section is subject to the laws governing real property of the class
to which it belongs.
With the approval of the state agency concerned, the
director may grant and convey in the name of the state, easements and
rights-of-way across real property belonging to the state not used
for highway rights-of-way or high-speed rail rights-of-way, for those
purposes and upon that consideration and subject to those
conditions, limitations, restrictions, and reservations as the
director deems are in the interest of the state. All revenue received
in connection with the granting and conveying of those easements and
rights-of-way, including charges made for administrative costs,
shall be deposited in the General Fund for appropriation as provided
in Section 15863. Any expenditure in connection with the granting and
conveying of those easements and rights-of-way or investigating
proposed gifts of real property to the state may be allocated from
the appropriation made pursuant to Section 15863.
(a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway or high-speed rail
purposes, for those purposes and subject to those conditions,
limitations, restrictions, and reservations determined by the
director to be in the best interest of the state. To the extent
permitted under existing law, the director shall determine the amount
of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
(b) The Director of Transportation shall negotiate, in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state. To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following: lease, permit,
or other form of providing a monetary or service consideration for
the access.
(c) The Chief Executive Officer of the High-Speed Rail Authority
shall negotiate, in the name of the state, access to state-owned
high-speed rail rights-of-way for those purposes and subject to those
conditions, limitations, restrictions, and reservations determined
by the chief executive officer of the authority to be in the best
interest of the state. To the extent permitted under existing law,
the chief executive officer of the authority shall determine the
amount of consideration for that access, and any means of access,
which means shall include, but not be limited to, any of the
following: lease, permit, or other form of providing a monetary or
service consideration for the access.
(d) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
(e) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.
(f) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
High-Speed Rail Authority, including, but not limited to,
rights-of-way along the high-speed rail system, shall be deposited in
the High-Speed Rail Property Fund, created pursuant to Section
185045 of the Public Utilities Code, and shall be available to the
authority upon appropriation by the Legislature as provided in that
section.
(a) The director shall, within 120 days of the operative
date of this section, compile and maintain an inventory of
state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation, property owned or managed by the High-Speed Rail
Authority, and property subject to Section 7901 of the Public
Utilities Code.
(b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
(1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
(2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may not exceed 10
years, and the lease may provide for a negotiated number of renewal
terms, not to exceed five years for each term.
(3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
(4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for collocation of
their facilities on state-owned real property.
(d) Nothing in this section alters any existing rights of
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
(e) Notwithstanding any other provision of law, any revenue
collected from a lease entered into pursuant to this section to use
property that was acquired with money from a fund other than the
General Fund shall be deposited into the fund from which the money
was obtained. Money received and deposited into a fund pursuant to
this section shall be available upon appropriation by the
Legislature, notwithstanding any other provision of law.
(f) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.
With the approval of the state agency concerned, the
director may quitclaim, in the name of the state, the right, title,
and interest of the state in and to easements and rights-of-way owned
by the state, other than those acquired for highway purposes or for
high-speed rail purposes, which the director determines are no longer
needed for state purposes.
(a) Unless the conveyance of the easement or right-of-way is made
to the federal government, or an agency thereof, or to a county,
city, district, or other local governmental agency of this state, the
director shall comply with the provisions of this subdivision. Prior
to the disposition of any easement or right-of-way owned by the
state pursuant to this section, notice thereof shall be published
pursuant to Section 6061 of the Government Code in a newspaper
published in the county in which the easement or right-of-way is
situated, and if there is no newspaper published in such county,
notice shall be published in a newspaper published in an adjoining
county and shall be posted in at least three public places in the
county in which the easement or right-of-way is situated, including
one posting on the real property in which the easement or
right-of-way is located.
(b) If the easement or right-of-way was acquired by the state for
a price approximating its market value at the time of acquisition,
the director, when disposing of that easement or right-of-way, shall
make a reasonable effort to obtain as the price for the sale thereof
an amount approximately equivalent to the current market value at the
time of disposition.
Notwithstanding Section 14616, the director may exempt
from his or her approval, or from the approval of the department, any
state real estate acquisition or conveyance involving not more than
one hundred fifty thousand dollars ($150,000) for which approval is
required by statute whenever, in his or her judgment, the state
agency delegated that authority has the necessary real estate
expertise and experience to complete the transaction competently and
professionally while protecting the best interests of the state.
Written notice of exemptions shall be given to the Controller.
Notwithstanding any other provision of law, for
approximately one million five hundred thousand dollars ($1,500,000)
in road, street, and other improvements and for reasonable
administrative fees, upon the terms, conditions, reservations, and
exceptions that are in the best interests of the state in the opinion
of the Director of General Services, the state shall dedicate to the
City of Santa Clara the right-of-way for a road on the west campus
of Agnews State Hospital, County of Santa Clara. The path of this
road shall run from south to north through vacant land on the
easterly side of the west campus of Agnews State Hospital.
With the approval of the Governor, the director may by
executive order withdraw from sale any and all public lands belonging
to the state, and return any lands so withdrawn for the purpose of
sale or other disposition in accordance with law.
(a) The director may hire, lease, lease-purchase, or lease
with the option to purchase any real or personal property for the use
of any state agency, including the Department of General Services,
if he or she deems the hiring or leasing is in the best interests of
the state.
(b) The director shall not enter into a lease-purchase agreement
that involves office space, unless specifically authorized to do so
by the Legislature. The director shall solicit written bids for any
lease-purchase that involves office space in a newspaper of general
circulation in the county in which the project is located. All bids
received shall be publicly opened and the lease awarded to the lowest
responsible bidder. If the director deems the acceptance of the
lowest responsible bid is not in the best interest of the state, he
or she may reject all bids.
Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
San Francisco Redevelopment Agency and a land lease and a
lease-purchase agreement with the joint powers agency created under
the joint powers agreement for the purpose of financing and acquiring
state office and parking facilities to be constructed at Golden Gate
and Van Ness Avenues in the City and County of San Francisco. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.
Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
Oakland Redevelopment Agency and a land lease and a lease-purchase
agreement with the joint powers agency created under the joint powers
agreement, for the purpose of financing and acquiring state office
and parking facilities to be constructed in the downtown
redevelopment area of the City of Oakland, County of Alameda. The
Director of General Services shall notify the Chairperson of the
Joint Legislative Budget Committee or his or her designee of his or
her intention to enter into each of the proposed agreements at least
20 days prior to entering into the agreements.
Notwithstanding any other provision of law, the director
may enter into a lease-purchase agreement, or a lease with an option
to purchase with an initial option purchase price over two million
dollars ($2,000,000) only for the property located at 9645
Butterfield Way in the County of Sacramento, for the purpose of
refinancing state office and parking facilities, and such other
improvements, betterments, and facilities related thereto, for
initial occupancy by the Franchise Tax Board and its staff.
Pursuant to Section 5702, the Treasurer is hereby authorized to
sell lease revenue bonds, certificates of participation, or any other
form of obligations as he or she shall determine in connection with
this refinancing. The director and the Treasurer, respectively, shall
notify the Chairperson of the Joint Legislative Budget Committee or
his or her designee of the intention to enter into the proposed
lease-purchase agreement or lease with option to purchase or to sell
the obligations authorized in this section, respectively, at least 20
days prior to entering into the agreement or selling these
obligations, respectively.
(a) The Director of General Services may purchase,
exchange, or otherwise acquire real property and construct
facilities, including any improvements, betterments, and related
facilities, in the County of Sacramento, along the Highway 50
corridor in close proximity or contiguous to the Phase I and II sites
of the Franchise Tax Board facilities, and may retrofit the existing
Phase I and II buildings and infrastructure, for the purpose of
acquiring and constructing approximately 1,000,000 square feet of
office and warehouse space for use by state agencies. The site shall
be within a reasonable distance of an existing or planned light rail
station.
The acquisition of property shall be pursuant to the Property
Acquisition Law (Part 11 (commencing with Section 15850)). In no
event shall the Department of General Services pay more than fair
market value for the sites. The award of construction contracts shall
be to the lowest responsible bidder. The Department of General
Services shall determine which agencies will occupy these facilities
after consulting with senior administrative staff of the affected
agencies and based on which agencies can make the most cost-effective
use of the facilities consistent with the programmatic needs of the
agencies.
(b) The Department of General Services may contract for the
design, construction, construction management, and other services
related to the design and construction of the office, warehouse,
infrastructure, and parking facilities authorized to be acquired
pursuant to subdivision (a). The Department of General Services shall
prepare preliminary plans before entering into a construction
contract for the project.
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
of Title 2 to finance the acquisition of land and facilities for the
purposes of this section. The State Public Works Board and the
Department of General Services may borrow funds for project costs
from the Pooled Money Investment Account pursuant to Sections 16312
and 16313. In the event the bonds authorized by the project are not
sold, the Department of General Services shall commit a sufficient
amount of its support appropriation to repay any loans made for the
project from the Pooled Money Investment Account. It is the intent of
the Legislature that this commitment shall be included in future
Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation. In the event the bonds
authorized by the project are not sold, it is the intent of the
Legislature to appropriate sufficient funds from the General Fund to
the Department of General Services specifically to repay any loans
made for the project from the Pooled Money Investment Account.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed
the cost of acquisition, including land, construction, preliminary
plans and working drawings, construction management and supervision,
other costs relating to the design and construction of the
facilities, and any additional sums necessary to pay interim and
permanent financing costs. The additional amount may include interest
and a reasonable required reserve fund.
(3) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings, and construction
shall not exceed two hundred eleven million dollars ($211,000,000).
(4) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized under this
paragraph by up to, but not exceeding, 10 percent of the amount
appropriated.
(5) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space, including the present facilities, over
the same time period. The Department of General Services shall
perform this analysis, and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer.
(d) The Director of General Services may execute and deliver a
contract with the State Public Works Board for the lease of the
facilities described in this section that are financed with the
proceeds of the board's bonds, notes, or bond anticipation notes
issued in accordance with this section.
(e) The Director of General Services shall, not later than 45 days
prior to entering into any agreement to construct facilities, as
specified in subdivision (a), notify the Chairperson of the Joint
Legislative Budget Committee of the pending agreement, including the
information specified in paragraph (5) of subdivision (c). It is the
intent of the Legislature that the Joint Legislative Budget Committee
hold a hearing on the pending agreement.
Notwithstanding Section 14669, the director may enter into
a lease-purchase agreement, or a lease with an option to purchase,
with an initial option purchase price which may exceed two million
dollars ($2,000,000), to provide for a California Conservation Corps
facility and office space in the City of Fortuna in Humboldt County.
(a) Notwithstanding any other provisions of law, the
Director of General Services may enter into an additional amendment
to the existing joint powers agreement with the Community
Redevelopment Agency of the City of Los Angeles dated June 30, 1982,
in connection with the financing, planning, acquisition, equipping,
furnishing, and construction or renovation of an additional office
building or buildings and parking facilities in the City of Los
Angeles in near proximity to the Ronald Reagan State Building and in
connection therewith may enter into a lease-purchase agreement or
agreements, an agreement for the appointment of a bond trustee, and
an agreement or agreements for the Department of General Services to
act as agent for acquisition, planning, and construction or
renovation matters, each of which agreements shall be with the joint
powers authority created under the joint powers agreement. The
amendment to the existing joint powers agreement shall provide that
any authorization under the joint powers agreement for the joint
powers authority to acquire property by means of condemnation
proceedings shall not include the power to condemn the property on
which was located, as of January 1, 1991, that certain homeless women'
s housing and day care center commonly known as the Downtown Women's
Center, which property is legally described as set forth below. The
lease-purchase agreement or agreements may provide for space to be
used for private commercial purposes. The director shall notify the
chairperson of the Joint Legislative Budget Committee or his or her
designee, and the chairpersons of the committees in each house which
consider appropriations, of his or her intention to execute the
lease-purchase agreement or agreements at least 20 days prior to its
execution.
The property referred to above is legally described as follows:
THAT PORTION OF THE PROPERTY OF C.E. THOM, IN THE CITY OF LOS
ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 72, PAGE 45 OF MISCELLANEOUS RECORDS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTHWEST LINE OF LOS ANGELES STREET, 77 FEET WIDE,
AS ESTABLISHED BY THE CITY ENGINEER OF SAID CITY, DISTANT THEREON
SOUTH 38 DEGREES 41 FEET 30 INCHES WEST 219.30 FEET FROM THE
SOUTHWEST LINE OF THIRD STREET, 60 FEET WIDE, AS ESTABLISHED BY SAID
ENGINEER; THENCE NORTH 54 DEGREES 24 FEET WEST 124.05 FEET TO THE
SOUTHEAST LINE OF DOMITILA COHN PANORAMA PROPERTY AS PER MAP RECORDED
IN BOOK 12, PAGE 161 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG SAID LINE SOUTH 34 DEGREES 05 FEET WEST
25.79 FEET TO AN ANGLE POINT THEREIN; THENCE ALONG SAID LINE SOUTH 51
DEGREES 45 FEET WEST 16.54 FEET TO THE NORTHEAST LINE OF LAND
DESCRIBED IN DEED RECORDED IN BOOK 3746, PAGE 101 OF DEEDS, RECORDS
OF SAID COUNTY; THENCE ALONG SAID NORTHEAST LINE SOUTH 43 DEGREES 50
FEET EAST 126.61 FEET TO SAID NORTHWEST LINE OF LOS ANGELES STREET;
THENCE ALONG SAID STREET, NORTH 38 DEGREES 41 FEET 30 INCHES EAST 65
FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE
PROPERTY OF C.E. THOM, IN THE CITY OF LOS ANGELES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGE 45
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTHERLY LINE OF THE BAKER TRACT, AS PER MAP RECORDED IN BOOK 5,
PAGE 459, MISCELLANEOUS RECORDS OF SAID COUNTY, WITH THE WESTERLY
LINE OF LOS ANGELES STREET, AS WIDENED BY DECREE OF CONDEMNATION
RECORDED IN BOOK 2088, PAGE 256 OF DEEDS; THENCE NORTH 38 DEGREES 35
FEET EAST ALONG SAID LINE OF LOS ANGELES STREET, 50.45 FEET; THENCE
NORTH 43 DEGREES 40 FEET WEST, PARALLEL WITH SAID NORTHERLY LINE OF
THE BAKER TRACT, AND 50 FEET AT RIGHT ANGLES THEREFROM, 130 FEET,
MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY LINE OF DOMITILA COHN
PANORAMA PROPERTY, AS PER MAP RECORDED IN BOOK 12, PAGE 161 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 51
DEGREES 45 FEET WEST ALONG SAID SOUTHEASTERLY LINE, 50 FEET, MORE OR
LESS, TO SAID NORTHERLY LINE OF SAID BAKER TRACT; THENCE SOUTH 43
DEGREES 40 FEET EAST ALONG SAID NORTHERLY LINE OF SAID BAKER TRACT,
138 FEET TO THE POINT OF BEGINNING.
(b) In as much as it is in the best interest of the people of the
State of California to consolidate state offices in the City of Los
Angeles as described in subdivision (a), at the earliest opportunity,
a "design-build" concept may be utilized in meeting the objective of
this section.
(c) Notwithstanding any other provision of law, the joint powers
authority described in subdivision (a) shall have the authority to
borrow from the Pooled Money Investment Account as provided in
Sections 16312 and 16313.
Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase, with an initial option purchase price
that exceeds two million dollars ($2,000,000), for the purpose of
providing office, warehouse, parking, and related facilities to
consolidate the operations of the California Environmental Protection
Agency. The director shall not exercise the option unless
specifically authorized to do so by the Legislature and unless the
director has made a finding that the proposed facility and site
conforms to the plan requested pursuant to Resolution Chapter 131 of
the Statutes of 1991.
Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.
Notwithstanding Section 14669, if the plan requested
pursuant to Resolution Chapter 131 of the Statutes of 1991 has been
completed, the Director of General Services may enter into a lease
with an option to purchase or a lease with an option to
lease-purchase, with an initial option purchase price that exceeds
two million dollars ($2,000,000), for the purpose of providing
office, parking, and related facilities to consolidate the operations
of the Department of Justice. The director shall not exercise the
option unless specifically authorized to do so by the Legislature and
unless the director has made a finding that the proposed facility
and site conforms to the plan requested pursuant to Resolution
Chapter 131 of the Statutes of 1991.
Except for a renewal of an existing lease to include an option to
purchase, the director shall solicit written bids for any lease with
an option to purchase in a newspaper of general circulation in the
counties in which the project may be located. All bids received shall
be publicly opened and the lease awarded to the lowest responsible
bidder. The option price may be considered when evaluating the lowest
responsible bid. If the director deems the acceptance of the lowest
responsible bid is not in the best interest of the state, he or she
may reject all bids.
The Director of General Services may enter into an
agreement with federal authorities to sell, lease, or exchange land
at the Northern California Women's Facility, as described in
subdivision (o) of Section 5003 of the Penal Code. The conditions of
the sale, lease, or exchange shall be in the best interests of the
state. If used for the incarceration of inmates, any facility located
on this land shall utilize state employees.
(a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the San Francisco Redevelopment
Agency in connection with the redevelopment of the 350 McAllister/455
Golden Gate block in the City and County of San Francisco. The
redevelopment shall include, but not be limited to, demolition of
existing structures, renovation, financing, planning, acquisition,
construction and equipping, and furnishing of new state office
buildings and parking facilities, and any betterments, improvements,
and facilities related thereto, in the San Francisco Civic Center
Area. In connection therewith, the director may enter into a
lease-purchase agreement, an agreement for the appointment of a bond
trustee, any other documents and agreements in connection with the
financing by sale of bonds or otherwise of the development, and an
agreement for the department to act as agent for acquisition,
planning, and construction matters, each of which agreements shall be
with the joint powers authority created under the joint powers
agreement. In connection with the development of any agreements
authorized by this section or any work or expenses related thereto,
the joint powers authority may use any funds lawfully available to it
for those purposes, and the department is empowered to use and
expend those funds in accordance with the terms of any agreement
between the department and the joint powers authority for the
carrying out of the works on the development. The Treasurer shall be
the agent for sale, as defined in Chapter 9 (commencing with Section
5700) of Division 6 of Title 1, for any financing authorized by this
section.
(b) Inasmuch as it is in the best interest of the people of the
State of California to consolidate state offices in the San Francisco
Civic Center Area as described in subdivision (a), at the earliest
opportunity, a "design-build" concept may be utilized in meeting the
objective of this section.
(c) Notwithstanding any other provision of law, the joint powers
authority described in subdivision (a) shall have the authority to
borrow from the Pooled Money Investment Account as provided in
Sections 16312 and 16313.
The legislature hereby finds and declares the following:
(a) Based upon information contained in a statewide property
inventory, the state has both substantial real estate needs and
resources.
(b) The Department of General Services has developed a
Riverside/San Bernardino Regional Facilities Study that utilizes the
information contained in the inventory to create a framework of
management principles and strategies to guide the state's real estate
decisions through the next 10 years. The plan incorporates
strategies that consolidate state agencies, reduce the number of
leased facilities, create a strong state presence in Riverside and
San Bernardino, and improve access to the state's clientele base.
(c) The state's real estate needs and the satisfaction of those
needs, whether by redevelopment of existing state property,
acquisition, leasing or construction, require thoughtful strategic
planning and the coordinated effort of all departments.
Notwithstanding any other provision of law, the Director
of General Services may sell or exchange, based on current market
value and upon any terms and conditions, and with any reservations
and exceptions, deemed by the director to be in the state's best
interests, the state-owned property consisting of one city block,
bounded by Jackson, Alice, 11th, and 12th streets in the City of
Oakland. The net proceeds, if any, from the sale or exchange shall be
deposited in the General Fund and be available for appropriation in
accordance with Section 15863 of the Government Code.
(a) Notwithstanding any other provision of law, the
Director of General Services may enter into an amendment to the
existing joint powers agreement with the Oakland Redevelopment Agency
in connection with the development of approximately 700,000 gross
usable square feet of new state-owned office space in the City of
Oakland. This development shall include, but not be limited to, the
financing, planning, acquisition, construction, and equipping and
furnishing of new state office buildings and parking facilities, and
any betterments, improvements, and facilities related thereto, in the
City of Oakland. The state office building and parking facility in
the City of Oakland developed pursuant to this subdivision shall be
named and shall be known as the Elihu M. Harris Building.
(b) In connection with the development described in subdivision
(a), the Director of General Services may enter into a lease-purchase
agreement, an agreement for the appointment of a bond trustee, and
other documents and agreements in connection with the financing, by
sale of bonds or otherwise, of this development, and an agreement for
the Department of General Services to act as agent for acquisition,
planning, and construction matters. Each agreement shall be with the
joint powers authority created under the joint powers agreement.
(c) In connection with the development or any agreements provided
for by this section, or any work or expenses related thereto, the
joint powers authority may use any funds lawfully available to it for
the purposes of this section, and the Director of General Services
is authorized to use and expend these funds in accordance with the
terms of any agreement between the director and the joint powers
authority for the carrying out of these works on the development.
(d) Inasmuch as it is in the best interest of the people of the
State of California to consolidate state offices in the City of
Oakland, as well as other San Francisco Bay area locations, at the
earliest possible opportunity, a "design-build" concept may be
utilized in meeting the objective of this section.
(e) Notwithstanding any other provision of law, the joint powers
authority described in this section may borrow from the Pooled Money
Investment Account as provided for in Sections 16312 and 16313.
(a) The director may exercise the option to purchase
137,275 of net usable square feet of data center, office space, and
appurtenances set forth in the lease for 3101 Gold Camp Drive, Rancho
Cordova, California, 95670, for a price not to exceed forty-seven
millions dollars ($47,000,000), for use by the Stephen P. Teale Data
Center.
(b) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
the State Building Construction Act of 1955 (Part 10b (commencing
with Section 15800) to finance the acquisition of the facilities
authorized by subdivision (a) by exercise of the option to purchase.
The board may borrow funds for project costs from the Pooled Money
Investment Account pursuant to Sections 16312 and 16313.
The amount of revenue bonds, negotiable notes, or negotiable bond
anticipation notes to be sold shall equal the cost of acquisition by
exercise of the option to purchase, any additional sums necessary to
pay interim and permanent financing costs, and costs to issue these
bonds. The additional amount may include interest and a reasonable
required reserve fund.
(c) Notwithstanding Section 13340, funds derived from the interim
and permanent financing or refinancing of the facilities specified in
this section are hereby continuously appropriated without regard to
fiscal years for these purposes.
(a) (1) The Director of General Services may enter into
one or more agreements to acquire, construct, purchase, lease,
lease-purchase, lease-purchase finance, or lease with an option to
purchase, with an initial option purchase price that exceeds two
million dollars ($2,000,000), for the purpose of providing
approximately 226,100 net usable square feet of office and related
space and 136,000 net usable square feet of parking in a suburban
location in the San Diego region.
(2) In connection with the selection and acquisition of a lease,
lease-purchase, lease-purchase finance, or lease with an option to
purchase, which shall be collectively referred to for purposes of
this section as a "lease" or "leases," the department shall advertise
and award the lease or leases in accordance with subdivision (b) of
Section 14669 to the lowest responsible bidder offering to provide a
building that meets the state's requirements.
(b) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
the State Building Construction Act of 1955 (Part 10b (commencing
with Section 15800) of Division 3) to finance the acquisition of the
facilities authorized in subdivision (a). The board may borrow funds
for project costs from the Pooled Money Investment Account pursuant
to Sections 16312 and 16313. In the event the bonds authorized for
the projects are not sold, the Department of General Services shall
adjust the Building Rental Account of the Service Revolving Fund by
an amount sufficient to repay any loans made by the Pooled Money
Investment Account. It is the intent of the Legislature that this
commitment be included in future Budget Acts until outstanding loans
from the Pooled Money Investment Account are repaid either through
the sale of bonds or from an appropriation.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, furnishings and equipment,
preliminary plans and working drawings, construction management and
supervision, and other costs relating to the design and construction
of the facilities, exercising any purchase option, and any additional
sums necessary to pay interim and permanent financing costs and
costs to issue these bonds. The additional amount may include
interest and a reasonable required reserve fund.
(3) Authorized costs of the facilities, including land
acquisition, preliminary plans, working drawings, and construction
shall not exceed forty-five million dollars ($45,000,000) for the
suburban facility.
(4) Notwithstanding Section 13332.11, the State Public Works Board
may authorize the augmentation of the amount authorized pursuant to
this subdivision by up to 10 percent of the amount specifically
authorized.
(c) Notwithstanding Section 13340, funds derived from the interim
and permanent financing or refinancing of the facilities specified in
this section are hereby continuously appropriated without regard to
fiscal years for these purposes.
(d) The net present value of the cost to acquire and operate the
facilities authorized in subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of office space, including the present facilities, over the same time
period. The Department of General Services, in performing this
analysis, shall obtain interest rates, discount rates, and the
consumer price index figures from the Treasurer.
(e) The director shall not enter into any agreement to acquire
facilities, as specified in subdivision (a), any sooner than 45 days
after notification, including the information specified in
subdivision (d), to the Chairperson of the Joint Legislative Budget
Committee. It is the intent of the Legislature that the Joint
Legislative Budget Committee hold a hearing on the pending agreement.
(a) The Department of General Services shall, by July 1,
2015, complete a long-range planning study of the state-controlled
and owned office buildings in the County of Sacramento and the City
of West Sacramento, including the Board of Equalization's
headquarters, for the management of the state's space needs in the
Sacramento region.
(b) The planning study shall contain, but is not limited to, the
following:
(1) Evaluation of the overall state facility needs in the
Sacramento region, including the capacity of currently owned and
leased space.
(2) Evaluation of each building including, but not limited to,
condition, age, building use, and the extent that it meets the
business needs and location of the state entity occupying the space.
(3) The impact the building's age and design has on potential
reconfiguration and consolidation for state needs.
(4) The viability of antiquated building infrastructure systems,
including the present and probable future availability of replacement
parts for the systems in the buildings.
(5) Evaluation of office buildings in need of major repairs or
renovations to correct deficiencies, including estimated costs for
fire and life safety, accessibility, seismic safety, and other
building code compliance issues, and known existence of encapsulated
hazardous materials and lead-based paint.
(6) Other considerations deemed appropriate by the Department of
General Services, in consultation with the state entity occupying the
building, may be included.
(7) The development of a logical sequencing plan for renovation,
replacement, or both, of existing state office buildings and new
office development in the Sacramento region to guide the state over
the next 25 years.
(c) The findings in this long-range planning study shall be used
as the basis for recommendations and developing detailed cost and
scope information to be considered in future budget proposals.
(d) Beginning with the three buildings with the most significant
and immediate renovation or replacement needs, including highest cost
of total maintenance and repair to usable space, and other related
costs identified in the long-range planning study, the Director of
General Services shall issue one or more requests for proposals for
the planning, design, construction, and acquisition of facilities
that have been recommended by the Legislature based on the planning
study completed under this section. The Director of General Services
shall issue the requests for proposals within 12 months of the
Legislature making the recommendation described in this subdivision.
Notwithstanding any other provision of law, the Director
of General Services may enter into a joint powers agreement with the
City of Fresno, the Fresno Redevelopment Agency, the County of
Fresno, the school district boards within the County of Fresno, or
any other state, federal, or local governmental entity that wishes to
participate, to study the infrastructure needs of downtown Fresno
and the planning goals of the City of Fresno, to explore financing
methods, and to make strategic recommendations.
(a) The Director of the Department of General Services is
authorized to acquire, develop, design, and construct, according to
plans and specifications approved by the Los Angeles Regional Crime
Laboratory Facility Authority, an approximately 200,000 gross square
foot regional criminal justice laboratory, necessary infrastructure,
and related surface parking to accommodate approximately 600 cars on
the Los Angeles campus of the California State University. In
accordance with this authorization, the director is authorized to
enter into any agreements, contracts, leases, or other documents
necessary to effectuate and further the transaction. Further, the Los
Angeles Regional Crime Laboratory Facility Authority is authorized
to assign, and the director is authorized to accept, all contracts
already entered into by the Los Angeles Regional Crime Laboratory
Facility Authority for the development and design of this project. It
is acknowledged that these contracts will have to be modified to
make them consistent with the standards for state projects. The
director is additionally authorized to enter into a long-term ground
lease for 75 years with the Trustees of the California State
University for the land within the Los Angeles campus on which the
project is to be constructed. At the end of the ground lease term,
unencumbered title to the land shall return to the trustees and, at
the option of the trustees, ownership of any improvements constructed
pursuant to this section shall vest in the trustees. The trustees
are authorized and directed to fully cooperate and enter into a
ground lease with the Department of General Services upon the terms
and conditions that will facilitate the financing of this project by
the State Public Works Board. The trustees shall obtain concurrence
from the Los Angeles Regional Crime Laboratory Facility Authority in
the development of the long-term ground lease referenced in this
section. In his or her capacity, the director is directed to obtain
concurrence and approval from the trustees relating to the design and
construction of the facility consistent with the trustees'
reasonable requirements.
(b) The State Public Works Board is authorized to issue
lease-revenue bonds, negotiable notes, or negotiable bond
anticipation notes pursuant to the State Building Construction Act of
1955 (Part 10b (commencing with Section 15800)) for the acquisition,
development, design, and construction of the regional crime
laboratory as described in this section. The project shall be
acquired, developed, designed, and constructed on behalf of the State
Public Works Board and the Office of Emergency Services by the
Department of General Services in accordance with state laws
applicable to state projects provided, however, that the contractor
prequalification specified in Section 20101 of the Public Contract
Code may be utilized. For purposes of compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code is the lead agency, and the trustees, acting through
the California State University at Los Angeles, and the Los Angeles
Regional Crime Laboratory Facility Authority are responsible
agencies.
(c) The State Public Works Board and the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code may borrow funds for project costs from the Pooled
Money Investment Account, pursuant to Sections 16312 and 16313, or
from any other appropriate source. In the event the bonds authorized
by this section for the project are not sold, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 of
the Penal Code shall commit a sufficient amount of its support
appropriation to repay any loans made for the project.
(d) The amount of lease-revenue bonds, negotiable notes, or
negotiable bond anticipation notes to be issued by the State Public
Works Board shall not exceed ninety-two million dollars ($92,000,000)
and any additional sums necessary to pay interim and permanent
financing costs. The additional sums may also include interest and a
reasonably required reserve fund. This amount includes additional
estimated project costs associated with reformatting the initial
local assistance appropriation into a state managed and constructed
regional crime laboratory project.
(e) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 of the Penal Code may execute a contract
with the State Public Works Board for the lease of the regional crime
laboratory facilities described in this section that are financed
with the proceeds of the board's bonds. Further, and notwithstanding
any other provision of law, the agency or agencies designated by the
Director of Finance pursuant to Section 13820 of the Penal Code is
authorized to enter into contracts and subleases with the trustees,
the Los Angeles Regional Crime Laboratory Facility Authority, the
Department of Justice, and any other appropriate state or local
agency, with the consent of the State Public Works Board and the
Department of General Services, for the use, maintenance, and
operation of the financed regional crime laboratory facilities
described in this section.
(f) When all of the bonds or notes authorized pursuant to
subdivision (d) have been paid in full or provided for in accordance
with their terms, notwithstanding any other provision of law, the
Department of General Services shall assign the ground lease entered
into pursuant to subdivision (a) to the Los Angeles Regional Crime
Laboratory Facility Authority or its successor agency. At that time,
the ground lease may be amended as agreed to by the trustees and the
Los Angeles Regional Crime Laboratory Facility Authority or its
successor agency.
(a) With the consent of the state agency concerned, the
director may do any of the following:
(1) Let for a period of not to exceed five years, any real or
personal property that belongs to the state, the letting of which is
not expressly prohibited by law, if he or she deems the letting to be
in the best interest of the state.
(2) Sublet any real or personal property leased by the state, the
subletting of which is not expressly prohibited by law, if he or she
deems the subletting to be in the best interest of the state.
(3) Let for a period not to exceed five years, and at less than
fair market rental, any real property of the state to any public
agency for use as nonprofit, self-help community vegetable gardens
and related supporting activities, provided:
(A) Parcels let for those purposes shall not exceed five acres.
(B) Two or more contiguous parcels shall not be let for those
purposes.
(C) Parcels shall be let subject to applicable local zoning
ordinances.
(b) The Legislature finds and declares that any leases let at less
than fair market rental pursuant to paragraph (3) of subdivision (a)
shall be of broad public benefit.
(c) Any money received in connection with paragraph (1) of
subdivision (a) shall be deposited in the Property Acquisition Law
Money Account and shall be available to the department upon
appropriation by the Legislature.
(d) All money received pursuant to paragraph (2) of subdivision
(a) shall be accounted for to the Controller at the close of each
month and on order of the Controller be paid into the State Treasury
and credited to the appropriation from which the cost of the lease
was paid.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for mentally retarded
persons, and for a period not to exceed 50 years, real property not
exceeding 10 acres located within the grounds of the Napa State
Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. This review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
Such capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
(a) Notwithstanding any other provision of law, if the
Director of General Services leases property located at the Sonoma
Developmental Center that was formerly an orchard and that has been
determined to be surplus state property pursuant to Section 7 of
Chapter 193 of the Statutes of 1996, the director shall lease the
property only for an agricultural or open-space purpose consistent
with, but not requiring the specific local government approvals
related to, all of the following:
(1) The city and county general plan, specific plan, and other
requirements, and other plans or policies adopted for the area within
which the property is located, including any plans and regulations
adopted pursuant to Chapter 4 (commencing with Section 8400) of Part
2 of Division 5 of the Water Code.
(2) The city and county zoning ordinances, regulations, and
policies adopted for the area within which the property is located.
(3) The city and county building regulations and policies adopted
for the area within which the property is located.
(b) Prior to accepting bids for the lease of the property, the
Department of General Services shall comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(c) Leases of properties shall not disrupt existing trails and
pathways located on the leased properties or access to trails and
pathways on adjacent properties.
(d) Lessees of properties shall, as a condition of the lease,
agree to restrict the use of hazardous substances, including, but not
limited to, pesticides, herbicides, rodenticides, and insecticides,
pursuant to the department's hazardous substance policy governing
state agricultural leases.
(e) In recognition of the long history of persons with
developmental disabilities working in agricultural production on the
grounds of the Sonoma Developmental Center, lessees of properties
shall, as a condition of the lease, directly employ persons with
developmental disabilities in numbers equal to at least 15 percent of
their total work force at the leased site. Lessees may also meet
this requirement through employment at offsite facilities in
California directly related to the leasehold. This requirement shall
be structured in a manner that recognizes that there may be periods
of time when the lessee may fall below this requirement for justified
reasons.
(f) Notwithstanding any other provision of law, the Director of
General Services may sell or exchange the property only if the
transaction would result in a transfer of the property to an entity
that would hold the property in perpetuity as open space or that
would result in the property becoming part of the Jack London State
Park.
(g) Notwithstanding any other provision of law, the net proceeds
received by the state from the lease of the property shall be
deposited as follows:
(1) Fifty percent to the General Fund for appropriation as
provided in Section 15863.
(2) Fifty percent to a special account within the General Fund to
be known as the Community Services Development Account. All funds
within this account shall be available for appropriation by the
Legislature to the State Department of Developmental Services. Any
interest accruing to funds deposited in the account also shall accrue
to the account. It is the intent of the Legislature that the
appropriations from this account shall be used for the purposes of
nonrecurring expenditures within the State Department of
Developmental Services such as capital expenditures for developmental
centers and startup of new community-based services. The department
shall report annually to the Legislature on the status of this
account and how funds have been expended in the previous year.
"Net proceeds" for the purposes of this subdivision means gross
proceeds less all costs necessary for the completion of the
transaction, including costs incurred by the Department of General
Services.
(h) The Department of General Services shall enter into
negotiations with the County of Sonoma regarding the conveyance of a
conservation easement for property on the grounds of the Sonoma
Developmental Center situated above the 1,100-foot elevation line. If
a conveyance of an easement is agreed upon, the easement on the
subject property may be conveyed to a third-party governmental entity
upon the agreement of both the department and the county.
Notwithstanding Section 14670, the Director of General
Services, with the concurrence of the Department of Forestry and Fire
Protection, may lease to the County of Shasta for a period not to
exceed 20 years, approximately 29 acres of real property with
improvements thereon, located in the Whiskeytown National Recreation
Area, approximately 25 miles west of the City of Redding, in the
County of Shasta, known as the Crystal Creek Regional Boys' Camp.
(b) The lease shall be entered into for the purposes of operating
a regional rehabilitative juveniles camp, upon the terms and
conditions deemed by the director to be in the best interest of the
state.
(c) The director may negotiate the provision of maintenance or
other services as compensation for the lease of the property, but
shall negotiate a lease condition that precludes unilateral
termination of the lease by the state prior to the county fully
recovering its investment in the property.
Notwithstanding Section 14670, and with the consent of
the state agency concerned, the director may let any real property
owned by the state not exceeding five acres for a period not to
exceed 25 years, to governmental entities to further the state's
mission for providing emergency services, if he or she deems it to be
in the best interest of the state.
(a) Notwithstanding any other law, but subject to the
conditions specified in subdivision (c), the Department of General
Services may enter into a sale or long-term lease of the properties
specified in subdivision (b). A sale or long-term lease entered into
pursuant to this section may include an option for the state to
repurchase that property or building, or both. The Director of
General Services may determine the other terms and conditions that
shall be imposed upon that sale or lease, for the best interest of
the state. Any sale of property pursuant to this section shall be for
no less than fair market value.
(b) The Department of General Services may enter into a sale or
long-term lease pursuant to this section for any, or all, of the
following real properties or buildings, or both:
(1) The Attorney General Building located at 1300 I Street in the
City of Sacramento.
(2) The California Emergency Management Agency Building located at
3650 Schreiver Avenue in the City of Rancho Cordova.
(3) The Capitol Area East End Complex, located in the City of
Sacramento, at all of the following locations:
(A) Block 225 located at 1430 N Street in the City of Sacramento.
(B) Block 171 located at 1501 Capitol Avenue in the City of
Sacramento.
(C) Block 172 located at 1500 Capitol Avenue in the City of
Sacramento.
(D) Block 173 located at 1615 Capitol Avenue in the City of
Sacramento.
(E) Block 174 located at 1616 Capitol Avenue in the City of
Sacramento.
(F) The parking facility located at 1214 17th Street in the City
of Sacramento.
(4) The Elihu M. Harris Building located at 1515 Clay Street in
the City of Oakland.
(5) The Franchise Tax Board Complex located at 9645 Butterfield
Way in the City of Sacramento.
(6) The San Francisco Civic Center, also known as the Earl Warren
/ Hiram Johnson Building, at both of the following locations:
(A) 350 McAllister Street in the City and County of San Francisco.
(B) 455 Golden Gate Avenue in the City and County of San
Francisco.
(7) The New Junipero Serra State Building located at 320 West 4th
Street in the City of Los Angeles.
(8) The Department of Justice Building located at 4949 Broadway in
the City of Sacramento.
(9) The Public Utilities Commission Building, also known as the
Governor Edmund G. "Pat" Brown Building, located at 505 Van Ness
Avenue in the City and County of San Francisco.
(10) The Judge Joseph A. Rattigan Building located at 50 D Street
in the City of Santa Rosa.
(11) The Ronald Reagan State Building located at 300 South Spring
Street in the City of Los Angeles.
(c) (1) The Legislature hereby finds and declares it may be
infeasible to sell or lease the real property or buildings listed in
subdivision (b), if the real property or buildings have outstanding
lease revenue bonds due to bond covenants, market disclosure issues,
and federal tax regulations and the bonds cannot be defeased or
otherwise retired.
(2) If the proceeds of a sale subject to this section will be used
to defease or otherwise retire lease revenue bonds on real property
or a building listed in subdivision (b), the proceeds in an amount
necessary to defease or retire the bonds are hereby appropriated to
the Department of General Services, and the Department of General
Services may sell that building or real property pursuant to this
section, including a fee simple sale or the sale of a lesser property
interest, such as a long-term lease of the real property, only if
the issuer and trustee for the bonds approves the sale transaction
and this approval takes into consideration, among other things, that
the proposed sale transaction will not breach any covenant or
obligation of the issuer or trustee.
(d) The disposition of the real properties or buildings, or both,
pursuant to 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.
(e) Thirty days prior to executing a transaction for a sale or
lease of any of the real property or buildings listed in subdivision
(b), the Director of General Services shall report to the chairs of
the fiscal committees of the Legislature the terms and conditions of
the transaction, including, but not limited to, the financial terms.
(f) Commencing in 2010, on or before June 30 of each year
following the enactment of this section, the Director of General
Services shall report the status of any completed or pending sales
pursuant to this section to the fiscal committees of the Legislature.
(g) (1) The Department of General Services shall be reimbursed for
any reasonable costs or expenses incurred pursuant to this section.
(2) All issuer- and trustee-related costs of reviewing any
proposed sale transaction, and all costs related to the defeasance or
other retirement of any bonds, including the cost of nationally
recognized bond counsel, shall be paid from the proceeds of a sale or
lease conducted pursuant to this section.
(3) The Department of General Services shall deposit in the
General Fund the net proceeds from the sale or long-term lease of the
real properties or buildings leases, or both, made pursuant to this
section, after deducting the amount of reimbursement for costs
incurred pursuant to this section or the reimbursement of adjustments
to the General Fund loan.
(h) (1) The disposition of state real property or buildings
specified in subdivision (b) that are made on an "as is" basis shall
be exempt from Chapter 3 (commencing with Section 21100) to Chapter 6
(commencing with Section 21165), inclusive, of Division 13 of the
Public Resources Code. Upon title to the parcel vesting in the
purchaser or transferee of the property, the purchaser or transferee
shall be subject to any local governmental land use entitlement
approval requirements and to Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code.
(2) If the disposition of state real property or buildings
specified in subdivision (b) is not made on an "as is" basis and
close of escrow is contingent on the satisfaction of a local
governmental land use entitlement approval requirement or compliance
by the local government with Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code, the execution of the
purchase and sale agreement or of the exchange agreement by all
parties to the agreement shall be exempt from Chapter 3 (commencing
with Section 21100) to Chapter 6 (commencing with Section 21165),
inclusive, of Division 13 of the Public Resources Code.
(3) For the purposes of this subdivision, "disposition" means the
sale, lease or repurchase of state property or buildings specified in
subdivision (b).
(a) Pursuant to Section 14670, the Director of General
Services, with the consent of the agency concerned, may let for a
period not to exceed five years state land for apiary purposes.
(b) The director may lease state land pursuant to this section for
less than fair market rent if the lease for apiary purposes does not
require exclusive use of the land.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may lease to Napa County for a period not to exceed 60
years, 32,632 square feet, on the east of Residence 09, building 225,
facing Imola Street between Shurleft and Tejas Street, within the
boundaries of Napa State Hospital for establishment of an independent
living facility for persons who are mentally ill, persons who are
handicapped, or persons who have low income. The lease shall be under
terms and conditions determined by the director to be in the best
interests of the state.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may, in the best interests of the state, let to a public
governmental agency, for the purpose of locating and conducting its
trainable mentally retarded program, and for locating and conducting
a child-care facility, and for a period not to exceed 50 years, real
property not exceeding 10 acres located within the grounds of the
Napa State Hospital. For the additional purpose of establishing an
educational park, the director may, with the consent of the
department, renegotiate the lease, for a period not to exceed 50
years, which period shall commence January 1, 1993. For the purposes
of this section, "educational park" means a conglomerate of
educational services, including, but not limited to, a children's
center, a preschool for severely disabled children, adult educational
services, administrative offices, a community school, and a media
services building.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. That review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Assure the state the purposes of the lease are being carried
out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for the establishment of a school
building facility by the lessee prior to July 1, 1977. That facility
shall not be established until after the effective date of the act
amending this section.
(a) Notwithstanding any other provision of law, the
Director of General Services, with the consent of the Department of
Motor Vehicles, may lease or exchange, if the director deems the
leasing or exchanging to be in the best interest of the state, for a
term of years, as determined by the director, and for fair market
value, all or portions of parcels of real property, that are acquired
and used by the state for the benefit of the Department of Motor
Vehicles, as described in subdivision (b), for the purpose of
developing mixed public and private use facilities, including
adequate parking for the Department of Motor Vehicles field office,
as determined by that department, subject to all of the following
conditions:
(1) All proceeds from the lease or exchange of the Department of
Motor Vehicles property shall be deposited into the Motor Vehicle
Account in the State Transportation Fund and shall be available for
expenditure by the Department of Motor Vehicles.
(2) Each lease shall provide that the lessee may sublease for
commercial, retail or residential uses that portion of the developed
property that is not required for use of the state.
(3) A mixed-use facility developed pursuant to this section shall
be located at the current state-owned site unless there are
mitigating circumstances requiring relocation. If relocation does
become necessary, the replacement facility shall be located within
the geographic area that serves the current customer base.
(b) For purposes of this section, the following parcels of real
properties may be leased or exchanged pursuant to subdivision (a):
(1) A parcel of real property located at 1377 Fell Street, San
Francisco.
(2) 3960 Normal Street, San Diego, provided that any lease or
exchange of property shall include a condition that a local farmer's
market may continue to conduct regular business.
(3) 8629 Hellman Avenue, Rancho Cucamonga.
(c) The Department of General Services and the Department of
Motor Vehicles, jointly, shall notify the Joint Legislative Budget
Committee when the Department of General Services, with the consent
of the Department of Motor Vehicles, enters into any lease for a
period of 30 years or more and shall report to the committee the
terms and conditions of any lease at least 45 days prior to entering
into that lease.
(d) Any lease or exchange of properties carried out pursuant to
this section shall be for no less than fair market value and upon
terms and conditions that the Director of General Services determines
to be in the best interest of the state. Compensation for the
property may include land, improvements, money, or any combination
thereof.
(e) The Department of General Services shall be reimbursed for any
cost or expense incurred in the disposition or lease of any parcels
described in this section by the Department of Motor Vehicles or from
the proceeds of the lease or exchange of those parcels.
(f) The properties identified in this section are not subject to
Section 11011.1 or Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5, and the properties
shall be or have been offered to the public through a competitive
process determined by the director to be in the best interest of the
state.
(a) Notwithstanding any other provision of law, the
director may let the Nurses Cottage at the Agnew's Developmental
Center in the City of Santa Clara and units 11 to 15, inclusive, of
Building No. 7 at west campus of the center, and Buildings No. 213
and 215 at the Metropolitan State Hospital in the City of Norwalk,
with the consent of the affected state agency, pursuant to Section
14670 for emergency shelters or feeding programs for a period of not
more than five years to qualified nonprofit organizations.
At the end of the initial five-year period and every five years
thereafter, the lease shall be reviewed to assure compliance by the
lessee with the original purposes of the agreement and may be renewed
if appropriate. Property let for that purpose shall be let for the
amount of 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.
Any lease executed pursuant to this section shall also provide for
the cost of administering the lease. The administrative fee shall
not exceed three hundred dollars ($300) per year, unless the director
and the affected state agency determine that, because of
complications in the lease agreement, a higher administrative fee is
required.
(b) The Legislature finds and declares that the lease of real
property pursuant to this section serves a public purpose.
(c) For purposes of this section, "qualified nonprofit
organizations" include only those organizations which can demonstrate
the ability to pay liability insurance and other costs of
maintaining the leased property incurred in providing services for
the homeless.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for persons with
intellectual disabilities, and for a period not to exceed 55 years,
real property not exceeding five acres located within the grounds of
the Fairview State Hospital.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services, who shall do both
of the following:
(a) Ensure the state that the original purposes of the lease are
being carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
The lease shall also provide for an initial capital outlay by the
lessee of thirty thousand dollars ($30,000) prior to January 1, 1976.
The capital outlay may be, or may have been, contributed before or
after the effective date of the act adding this section.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services, may let in the best interests of the state and at a price
which will permit the development of affordable housing for persons
eligible under this section, to any person, including but not limited
to any corporation or partnership, real property not exceeding 60
acres located within the grounds of Fairview State Hospital, for the
purpose of developing affordable housing, which may include
manufactured housing, for the employees of Fairview State Hospital,
and for a period not to exceed 55 years. The lease authorized by this
section shall be nonassignable, except it may be assignable, subject
to approval by the Department of General Services and the State
Department of Developmental Services, to a partnership in which the
lessee has an interest of not less than 50 percent or to an
individual, corporation or partnership which has a net worth of at
least three million dollars ($3,000,000) and has experience
substantially equal to that of the lessee in building, marketing,
managing and leasing residences of the type to be built under the
lease, and shall be subject to review every five years by the
Director of General Services, to assure the state that the original
purposes of the lease are being carried out.
In the event of default by the lessee under the terms of the
lease, the state shall take all necessary steps to cure the default
but in no event shall state general funds, except funds collected
pursuant to Section 15863, be expended to operate the property.
The housing developed pursuant to this section shall be available
for the employees of Fairview State Hospital and to provide
transitional housing for patient-clients of Fairview State Hospital
returning to the community; provided that the housing available for
transitional housing for patient-clients shall not be in excess of 10
percent of the units developed. In the event that vacancies occur in
the units which cannot be filled by either employees of Fairview
State Hospital or transitional patient-clients, then the units may be
made available to persons who are in need of affordable housing and
whose incomes do not exceed 80 percent of the median income for
Orange County as that income may be defined from time to time by the
United States Department of Housing and Urban Development. Should any
vacancies exist in excess of 60 days after lessee has conducted a
marketing program in cooperation with the Orange County Housing
Authority and approved by the State Department of Developmental
Services, and during the 60 days the vacancies were made available to
employees, transitional patient-clients and persons whose incomes do
not exceed 80 percent of the median income for Orange County, then,
upon approval by the State Department of Developmental Services, the
vacant units may be made available to any persons employed in the
City of Costa Mesa.
The Legislature finds and declares that the provision of decent
and affordable housing for state employees and transitional patients,
i.e. clients of state mental hospitals, is a public purpose of great
statewide importance.
(a) Notwithstanding any other law, the Director of
General Services, with the consent of the Director of Developmental
Services, may, in the best interests of the state, let to any person
or entity real property not exceeding 20 acres located within the
grounds of the Fairview Developmental Center for a period not to
exceed 55 years, at a price that will permit the development of
affordable housing for people with developmental disabilities.
(b) Notwithstanding any other law, the lease authorized by this
section may be assignable subject to approval by the Director of
General Services, with the consent of the Director of Developmental
Services. The lease shall do all of the following:
(1) Provide housing for individuals who qualify based upon
criteria established by the Department of Developmental Services. A
minimum of 20 percent of the housing units developed shall be
available and affordable to individuals with developmental
disabilities served by a regional center pursuant to the Lanterman
Developmental Disabilities Services Act (Chapter 1 (commencing with
Section 4500) of Division 4.5 of the Welfare and Institutions Code).
When filling vacancies, priority for housing shall be given to
individuals transitioning from a developmental center or at risk for
admission to a developmental center.
(2) Allow for lease revenues or other proceeds received by the
state under the leases for projects authorized by this section and
Section 14670.35, to be utilized by the Department of Developmental
Services to support individuals with developmental disabilities,
including subsidizing rents for those individuals.
(3) Include provisions authorizing the Department of Developmental
Services, or its designee, to provide management oversight and
administration over the housing for individuals with developmental
disabilities and the general operations of the project sufficient to
assure the purposes of the lease are being carried out and to protect
the financial interests of the state.
(c) The Department of Developmental Services may share in
proceeds, if any, generated from the overall operation of the project
developed pursuant to this section. All proceeds received from the
project authorized by this section and the project authorized by
Section 14670.35, in accordance with the terms of the lease, shall be
deposited in the Department of Developmental Services Trust Fund,
which is hereby created in the State Treasury. Moneys in the
Department of Developmental Services Trust Fund shall be used, upon
appropriation by the Legislature, for the purpose of providing
housing and transitional services for people with developmental
disabilities. Any funds not needed to support individuals with
developmental disabilities shall be transferred to the General Fund
upon the order of the Director of Finance.
(d) The Director of General Services, with the consent of the
Director of Developmental Services, may enter into a lease pursuant
to this section at less than market value, provided that the cost of
administering the lease is recovered.
(e) The project and lease, including off-site improvements
directly related to the housing project authorized by this section,
shall not be deemed a "public works contract" as defined by Section
1101 of the Public Contract Code. However, construction projects
contemplated by the lease authorized by this section shall be
considered "public works," as defined by paragraph (1) of subdivision
(a) of Section 1720 of the Labor Code, for the purpose of prevailing
wage requirements.
The Director of General Services may, subject to the
approval of the State Public Works Board, enter into an agreement or
agreements whereby the state will acquire all interest of its
concessionaire at Squaw Valley, the Squaw Valley Improvement
Corporation, in exchange for an approximately 400-acre portion of
land at the former Stockton State Hospital farm declared surplus by
the Legislature in 1953, the sale of an additional portion of the
land, and an option to purchase the remaining portion for its fair
market value.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services may let to a nonprofit corporation, for the purpose of
establishing and maintaining a rehabilitation center for persons with
intellectual disabilities, for a period not exceeding 20 years, real
property, not exceeding five acres, located within the grounds of
the Fairview State Hospital in Orange County, and that is retained by
the state primarily to provide a peripheral buffer area, or zone,
between real property that the state hospital is located on and
adjacent real property, if the director deems the letting is in the
best interests of the state.
The Director of General Services, with the approval of
the State Public Works Board, may, based on current market value and
upon any terms and conditions, and with reservations and exceptions,
that in the director's opinion may be in the best interest of the
state, do both of the following:
(a) Acquire the privately held inholding at 1114 P Street, in the
City of Sacramento.
(b) Sell another property within that block or another property
within the area of the Capitol Area Development Plan.
Not less than 15 days prior to taking the actions specified in
this section, the director shall notify the Chairperson of the Joint
Legislative Budget Committee of the director's intended actions, or
not sooner than any lesser time that the chairperson, or his or her
designee, may in each case determine. This notification shall include
a statement on whether the state shall receive fair market value for
the sale of its property or, in the event the director determines it
is in the best interest of the state to receive less than fair
market value, the reasons supporting that belief.
The Director of General Services, with the approval of the
State Public Works Board and the Department of the California
Highway Patrol, may exchange, based on current market value and upon
such terms and conditions, and with such reservations and exceptions,
as in his opinion may be for the best interest of the state, the
California Highway Patrol Office on Arden Way in Sacramento
consisting of approximately two acres of land, together with the
improvements located thereon.
(a) Notwithstanding any other provision of law, the
Director of General Services, with the approval of the Director of
Parks and Recreation and the State Public Works Board, may convey at
no financial consideration to the City of Lake Elsinore, subject to
an easement for flood and water storage together with any water
rights the state may have in the property, and an easement to the
Elsinore Valley Municipal Water District for flood and water storage
together with any water rights the state may have in the property,
upon those terms, conditions, and with the reservations and
exceptions that the Director of General Services determines are in
the best interests of the state, all the right, title, and interest
of the state in that property known as the Lake Elsinore State
Recreation Area upon the condition that the property be used for
public park and recreation purposes in perpetuity and that park and
recreation improvements conform to the Lake Elsinore State Recreation
Area General Plan adopted pursuant to Section 5002.2 of the Public
Resources Code and current at the time it is conveyed, except that
the plan may be amended in accordance with the procedures for
amendment of specific plans set forth in Article 8 (commencing with
Section 65450) of Chapter 3 of Division 1 of Title 7 if duly noticed
public hearings are conducted by the local public agency or agencies
prior to adoption. In reviewing any amendment of that plan, the local
legislative body shall consider the development criteria of Section
5019.56 of the Public Resources Code.
Upon any breach of the conditions of the conveyance, the state may
reenter the property, and upon that reentry, the ownership of the
property conveyed shall revert to the state.
(b) The Department of General Services shall be reimbursed by the
Department of Parks and Recreation for any cost or expense incurred
in the conveyance of any property pursuant to this section.
(c) The City of Lake Elsinore shall make no decisions or take any
actions with respect to the use of the property conveyed pursuant to
this section unless the city has consulted with affected landowners
and considered their concerns.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Parks and Recreation
and the Department of Transportation, may let to the City of Los
Angeles, for a period not to exceed 20 years, and for fair market
value, property adjacent to the Sunspot Motel, and which is between
that motel and the Pacific Coast Highway, in Pacific Palisades, for
the purpose of providing parking for the Sunspot Motel, subject to
all of the following conditions:
(a) All rental proceeds from the Department of Parks and
Recreation property shall be deposited in the State Parks and
Recreation Fund. All rental proceeds from the Department of
Transportation property shall be deposited in the State Highway
Account within the State Transportation Fund.
(b) The City of Los Angeles shall construct a pedestrian
overcrossing at this location over the Pacific Coast Highway. If
construction is not completed within five years of the signing of the
lease, the lease may be terminated at the option of the state. Prior
to the end of the five-year period, the Department of Parks and
Recreation may consider extending this term if the department
determines it is necessary and the City of Los Angeles has taken
active efforts to facilitate construction of the overcrossing.
(c) The parking facilities and pedestrian overcrossing provided
for in this section shall be available to the beach and park public.
The Director of General Services may enter into a
lease-purchase agreement, an agreement for the appointment of a bond
trustee, an amendment to the existing Joint Powers Agreement to
provide for a parking structure, and an agreement for the Department
of General Services to act as agent for construction matters, all of
which shall be with the Joint Powers Authority created under the
Joint Powers Agreement dated June 30, 1982, entered into with the
Community Redevelopment Agency of the City of Los Angeles in
connection with the financing and construction of an office building
and parking facilities in the City of Los Angeles. The lease-purchase
agreement may provide for space to be used for private commercial
purposes. The director shall notify the Chairperson of the Joint
Legislative Budget Committee and the chairpersons of the committees
in each house which consider appropriations, of his or her intention
to execute the lease-purchase agreement at least 20 days prior to its
execution.
(a) Notwithstanding Sections 11011 and 14670, and Section
118 of the Streets and Highways Code, the Director of General
Services, with the approval of the State Public Works Board, may
lease for a period of no longer than 66 years, to the City of San
Jose, the County of Santa Clara, or a public authority formed by the
City of San Jose or the County of Santa Clara, the following real
property:
Approximately 102 acres of vacant land located in the northerly
side of the east campus of Agnews State Hospital, County of Santa
Clara. The southerly line of this parcel shall be located on Center
Road.
The lease shall be for current market value and upon those terms
and conditions and with such reservations and exception which in his
or her opinion may be in the best interest of the state. The lease
shall not permit the construction of any permanent building within
400 feet of the nearest hospital building.
(b) Net revenues generated by the lease of the parcel of Agnews
State Hospital land as described in subdivision (a), shall be
deposited as follows:
(1) Fifty percent in the General Fund.
(2) Fifty percent in the special account of the Department of
Developmental Services.
"Net revenues," as used in this section, means cash and the cash
value of any compensation other than cash.
It is the intent of the Legislature that the appropriations from
this account shall be for the purposes of nonrecurring expenditures
within the State Department of Developmental Services such as capital
expenditures for developmental centers and startup of new state or
private developmental services facilities.
(c) Notice of every public auction or bid opening shall be posted
on the property to be leased and shall be published in a newspaper of
general circulation published in the county in which the real
property to be leased is situated. The lease of property pursuant to
this section is exempt from the provisions of Sections 21100 to
21174, inclusive, of the Public Resources Code.
(d) As to any property leased pursuant to this section, the
Director of General Services shall except and reserve to the state
all mineral deposits, as defined in Section 6407 of the Public
Resources Code, below a depth of 500 feet, without surface rights of
entry.
(a) Notwithstanding Sections 11011, 14670, and 14670.9
and Section 118 of the Streets and Highways Code, the Director of
General Services, with the approval of the State Public Works Board,
may sell, lease, or exchange approximately 150 acres of vacant land
located adjacent to the northerly side of the east campus of Agnews
State Hospital, County of Santa Clara.
(b) In connection with the sale of property described in
subdivision (a), the Director of General Services may, with the
consent of the agency having jurisdiction over the property, execute
and record covenants, conditions, and restrictions affecting
remaining state-owned property, whether surplus or not, adjacent to,
or in the proximity of, and benefiting, the surplus property being
sold. The authority contained in this subdivision shall be exclusive
to that certain purchase and sale agreement between the Department of
General Services and CPS, a commercial real estate company, a
California corporation, dated prior to May 1, 1996.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the state agency concerned, may let for
any period of time any real or personal property which belongs to
the state, for radio or television purposes where he deems such
letting is in the best interests of the state.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the state agency concerned and the
approval of the governing body of any concerned local agency, may let
for any period of time any real property or interest in real
property which belongs to the state, when the director deems the
letting serves a beneficial public purpose limited to the development
of housing, including emergency shelters, or park and recreation
facilities. The leases shall be let in accordance with procedures
prescribed by the director which facilitate development of housing or
park and recreation facilities when such use is compatible with
current use and foreseeable future use of the property. All proposed
leases shall be reviewed by the State Public Works Board. In all
cases, however, at least 25 percent of the housing units developed on
state property leased pursuant to this section shall be available
for the term of the lease to moderate-income persons as defined by
Section 50093 of the Health and Safety Code, 12.5 percent shall be
available for the term of the lease to low-income persons as defined
by Section 50093 of the Health and Safety Code, and 12.5 percent
shall be available for the term of the lease to very low-income
persons as defined by Section 50105 of the Health and Safety Code.
In letting leases pursuant to this section, the director shall:
(1) give preference to projects which provide for more affordable
units than required by the percentages specified in this section; (2)
determine that the project is compatible with local planning goals
and environmental objectives.
The director may enter into leases pursuant to this section at
less than market value, provided that the cost of administering the
lease is recovered. The Department of Housing and Community
Development shall recommend to the Director of General Services a
lease amount which will enable the provision of housing for persons
of low and moderate income.
All leases executed pursuant to this section shall contain a
recital that the director has found the letting serves the required
beneficial public purpose and complies with all provisions of this
section, which recital shall be conclusive in favor of lessees from
the state and their mortgagees.
In addition to any other provision of law granting
authority to the Director of General Services to enter into leases of
state property, the Director of General Services, with the consent
of any state agency having jurisdiction thereof, may lease for a term
not to exceed thirty (30) years any real property which belongs to
the state, provided that the lessee is required to construct on the
premises a parking structure for the use of the state during the term
thereof, and the title to such facilities shall vest in the state at
the expiration of said term or earlier. Such lease may contain such
other terms and conditions as the Director of General Services may
deem to be in the best interests of the state.
Any project proposed to be constructed under the provisions of
this section which was not authorized by the Legislature at the time
the acquisition of the real property was authorized, shall not be
undertaken unless authorized by the Legislature.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the state agency concerned, or the
Trustees of the California State University with Department of
Finance and Department of General Services approval, may let for up
to 35 years any real or personal state property for energy
conservation purposes or to permit the construction and operation of
energy distribution systems, cogeneration facilities, and alternative
energy supply source facilities.
Any lease, agreement, or contract relating to the construction or
operation of such a facility may provide for the sale of energy,
performance of energy-related work, exchange of energy, and state
assistance in development and operation of the project. The lease
shall contain such other provisions as the director deems
appropriate.
Any lease of state property entered into pursuant to this section
may be at less than market value when the director determines it will
serve a statewide public purpose by implementing the policy set
forth in Section 25008 of the Public Resources Code. The director or
the Trustees of the California State University may lease back the
property and any facilities constructed thereon if such leasing is
deemed to be in the best interest of the state.
The director, or any other state agency with the approval of the
director, or the Trustees of the California State University with the
approval of the Department of Finance, may enter into contracts
regarding the operation of such facility or the providing, selling,
exchanging, buying, and use of energy in connection with a facility.
Any costs or expenses incurred by the Department of General Services
or any other state agency or the trustees in connection with the
entering into and management of any lease, agreement, or contract
entered into pursuant to this section may be reimbursed from the
rentals or other revenues from the leases, agreements, or contracts.
No lease, agreement, or contract shall be entered into pursuant to
this section unless the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is notified of the intention to
execute the lease, agreement, or contract at least 20 days prior to
its execution.
Projects which may be undertaken in the 1982-83 fiscal year
pursuant to this section include, but are not limited to,
cogeneration and energy conservation projects at the following
facilities: Metropolitan, Atascadero, Agnews, and Camarillo State
Hospitals; California Institution for Men at Chino, Correctional
Training Facility at Soledad; and California State Universities at
San Jose, Northridge, Pomona, and San Luis Obispo.
Notwithstanding Section 14670, the Director of General
Services with the consent of the Department of Corrections, may let
to the City of Vacaville for a public purpose, for a period not to
exceed 40 years, real property that belongs to the state and that is
retained by the state primarily to provide a peripheral buffer area,
or zone, between real property upon which is located the medical
facility and adjacent real property, where the director deems that
letting is in the best interests of the state.
The lease provided for by this section may be renewed, upon its
expiration, for an additional period not to exceed 40 years.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections and
Rehabilitation, may let to a nonprofit corporation, for the purpose
of conducting an educational and work program for persons with
intellectual disabilities, and for a period not to exceed 50 years,
real property not exceeding 10 acres, located within the grounds of
the Medical Facility at Vacaville, California.
A lease executed pursuant to this section shall include a
provision that the lease shall be canceled if permanent facilities
are not constructed on the leased land within five years after the
effective date of the amendments to this section enacted at the 1967
Regular Session of the Legislature.
A lease executed pursuant to this section may be assigned or
sublet in whole or in part by the lessee nonprofit corporation to any
public agency with the approval of the Director of General Services
and the Department of Corrections and Rehabilitation.
(a) Notwithstanding Sections 11011 and 54222 or any other
provision of law, the Director of General Services, with the
approval of the State Public Works Board, upon those terms and
conditions that the director deems in the best interest of the state,
may, upon the conditions specified in subdivision (c), transfer at
no cost to the City of Chino up to 140 acres of real property, of
which a portion is currently leased to the City of Chino pursuant to
Section 14672.15. The transfer of land shall be only for the
development and maintenance of a public park, public recreational
uses, and open-space uses, including the development of joint use
facilities with Chaffey Community College. Upon the transfer
authorized by this section, the lease and authority authorized by
Section 14672.15 shall terminate.
(b) Notwithstanding Section 11011 or any other provision of law,
the Director of General Services, with the approval of the State
Public Works Board, upon those terms and conditions that the director
deems in the best interests of the state, may, upon the conditions
specified in subdivision (c), transfer at no cost to the Chaffey
Community College District up to 100 acres of real property for the
development of a new community college campus and development of
joint use facilities with the City of Chino.
(c) The Department of General Services shall process an
application with the City of Chino for the zoning and specific plan
approval of approximately 450 acres of property identified as surplus
pursuant to Section 1 of Chapter 770 of the Statutes of 2000 as
amended by the act adding this section. The transfers pursuant to
subdivisions (a) and (b) shall occur only when the City of Chino has
granted, according to terms and conditions deemed acceptable by the
director, all approvals necessary to rezone the property, approved a
specific plan or plans for the property, and entered into any
development agreements needed to sell the approximately 450 acres.
(d) The transfer authorized pursuant to subdivisions (a) and (b)
are further conditioned that should the authorized uses ever cease
then title shall revert to the State of California. In addition, upon
terms and conditions deemed in the best interest of the state by the
director, the city and Chaffey College shall be responsible for
their share of the costs needed to implement the planned development
and accomplish the transfers, including, but not limited to, the
costs of infrastructure improvements, roads, utilities, environmental
mitigation measures, environmental impact reports, special studies,
and facility relocations.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the Department of Corrections,
upon any terms and conditions as the director deems in the best
interests of the state and without any monetary consideration, may
let to the City of Chino real property not to exceed 140 acres which
belongs to the state and which is retained by the state primarily to
provide a peripheral buffer area, or zone, between real property upon
which is located the California Institution for Men and adjacent
real property. The initial term of the lease authorized by this
section shall expire not later than 25 years from the effective date
of the amendments made to this section by Senate Bill No. 154 of the
1993-94 Regular Session of the Legislature provided that the lease
may be renewed by the City of Chino for an additional term not to
exceed 20 years. Permitted uses under the lease shall be for the
development and maintenance of public park and recreational
improvements and facilities, and shall include commercial enterprises
which are incidental to or consistent with public park or
recreational uses. The lease shall be nonassignable provided that the
city shall have the right to sublease a portion or all of the
premises for uses consistent with those permitted in the lease. The
lease shall be subject to periodic review after the fifth anniversary
of the lease. This review shall be made by the Director of General
Services who shall ascertain whether the original purposes of the
lease are being carried out. In the event the City of Chino subleases
a portion of the premises, the review shall be conducted separately
for the subleased portion of the premises, and in no event shall a
default of a sublease with respect to one portion of the premises
result in a termination of the lease with respect to any portion of
the premises as to which the default does not exist.
(b) Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections, upon any
terms and conditions as the director deems in the best interest of
the state and without any monetary consideration, may let to the City
of Chino, for the purpose of expanding the park described in
subdivision (a), real property that belongs to the state.
The real property may consist of up to 30 acres of land located in
proximity to the California Department of Forestry and Fire
Protection, Camp Prado.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the Department of Corrections
or the Department of the Youth Authority may let, in the best
interest of the state, any real property located within the grounds
of a facility of the Department of Corrections or the Department of
the Youth Authority to a public or private entity for a period not to
exceed 20 years for the purpose of conducting programs for the
employment and training of prisoners or wards in institutions under
the jurisdiction of the Department of Corrections or the Department
of the Youth Authority.
(b) The lease may provide for the renewing of the lease for
additional successive 10-year terms, but those additional terms shall
not exceed three in number. Any lease of state property entered into
pursuant to this section may be at less than market value when the
Director of General Services determines it will serve a statewide
public purpose.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the federal government and the
Department of Corrections, upon the terms and conditions as the
director deems in the best interests of the state, may let to the
City of Norco for a term not to exceed 25 years, for the purposes of
developing and maintaining a water treatment system for public health
purposes, real property not to exceed two acres that belongs to the
state, subject to conditions imposed in the deed by the grantor, the
United States government, and that is retained by the state primarily
to provide a well field for the provision of a potable water supply
to the California Rehabilitation Center. The lease authorized by this
section shall be nonassignable and shall be subject to periodic
review after the fifth anniversary of the lease. This review shall be
made by the Director of General Services who shall ascertain whether
the original purposes of the lease are being carried out. The lease
authorized by this section may be renewed upon its expiration for a
term not to exceed 20 years.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Mental Hygiene, may
let to the City of Costa Mesa for a public purpose real property
which belongs to the state and which is retained by the state
primarily to provide a peripheral buffer area, or zone, between real
property upon which is located a state hospital and adjacent real
property, when the director deems such letting is in the best
interests of the state.
The lease shall be for a period not to exceed 20 years but the
lease may provide for the renewing of the lease for an additional
period not to exceed 20 years.
Notwithstanding Section 14670, the director, with the
consent of the State Department of Developmental Services, may lease
to the City of San Jose for the purpose of constructing and
maintaining a fire station for a period not to exceed 75 years, real
property of approximately two acres located on the grounds of Agnew
State Hospital.
Notwithstanding Section 14670, the Director of General
Services may lease for a term of up to five years, with an option for
a five-year extension of the lease that may be acted upon by the
lessee at any time during the lease, portions of a levee surrounding
approximately 32 acres of submerged tidelands at the confluence of
the Sacramento and San Joaquin Rivers, north of Antioch, known as
Lower Sherman Island, which are currently under lease for a term of
five years to owners of buildings situated on such property. If the
option to extend the lease for five years is exercised the annual
rental shall be increased 50 percent over the current rental in
consideration therefor. The lessee may, with the approval of the
director, assign the lease or option, or both, to a third party.
Notwithstanding Section 14670, the Director of General
Services, on terms and conditions the director deems in the interests
of the state and for a period not longer than 50 years, may lease to
a nonprofit corporation, for the exclusive use of providing a
residential facility and related services, including recreation,
training, and community reintegration for handicapped persons, that
parcel of land owned by the state in the City of Santa Clara
containing 4.09 acres more or less and known as the Adults Toward
Independent Living Parcel.
If the lessee-nonprofit corporation is wound up or dissolved prior
to the expiration of the term of the lease or if the parcel ceases,
for any reason, to be used exclusively for the purposes required by
this section, the lease shall be immediately canceled and the parcel
shall revert to the state.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services, who shall do all
of the following:
(a) Assure the state the original purposes of the lease are being
carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
Any lease executed pursuant to this section shall include a
provision that the lease shall be canceled if permanent facilities
are not constructed on the leased land on or before January 1, 1986,
or if the lessee-nonprofit corporation is wound up or dissolved prior
to the expiration of the term of the lease, or if the parcel ceases,
for any reason, to be used exclusively for the purposes required by
this section.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections, may
lease to the City of Folsom a parcel of approximately five acres of
unimproved real property situated in the County of Sacramento within
Rancho Rio de Los Americanos for a period not to exceed 50 years for
a police station, courthouse, or city hall.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the Department of Corrections,
may lease to the City of Folsom for purposes of a water reservoir a
parcel of approximately one and one-half acres of unimproved real
property situated in the County of Sacramento within the grounds of
the California State Prison at Folsom for a period of not to exceed
50 years.
(b) The consideration for the lease authorized by this section
shall be payable solely in money and no payment in-kind shall be
acceptable.
(c) The lease authorized by this section shall be for fair market
value and shall not be renegotiated during its term. The lease shall
be subject to periodic review every five years by the director who
shall receive a report from the lessee and shall review that report
to determine whether the purposes of the lease are being carried out.
(a) Notwithstanding Section 14670, the Department of
General Services may, upon terms and conditions in the best interest
of the state, lease vacant real property on the grounds of California
State Prison at Folsom to be determined and consented to by the
Department of Corrections and Rehabilitation for the construction and
operation of a peace officers memorial and museum facility. The
lessee shall be a nonprofit entity formed specifically for the
implementation of the construction and operation of a peace officers
memorial and museum facility at the prison. The peace officers
memorial and museum facility shall be operated for the benefit of the
general public and members of the lessee.
(b) The Department of General Services may lease the property
described in subdivision (a) for a term not to exceed 50 years.
(c) The operation of the museum facility described in subdivision
(a) shall include, but is not limited to, museums, conference rooms,
classrooms, exhibits, workshops for artifact preservation and repair,
secure storage, parking, a gift shop, and a cafeteria, snack bar, or
dining area.
(d) The Department of General Services may lease the property
described in subdivision (a) in "as is" condition. The lease shall
provide that the lessee shall be fully responsible for the
maintenance and operation of the memorial and museum facility in a
manner that does not conflict with the operation of adjacent
correctional facilities or become a public nuisance to the community.
The state shall not have any liability for any improvement,
construction, operation, or maintenance of the memorial or museum
facilities.
(e) The lease shall require the lessee to initiate construction of
the memorial and museum facility within 48 months of the beginning
of the lease term and have substantially completed construction
within 72 months of the beginning of the lease term. The Department
of General Services, with the approval of the Department of
Corrections and Rehabilitation, shall provide any utility easements
required by a public utility for construction of the memorial and
museum facility by the lessee under terms and conditions in the best
interest of the state. Utilities connections constructed by the
lessee to the memorial and museum facility shall be separate from
existing utilities used by the state and installed at the expense of
the lessee, consistent with the rules of the utility service
providers.
(f) The lease shall require that, if at any time during the term
of the lease the lessee determines that the property is no longer
needed for a memorial or museum facility or if the Department of
General Services determines that the lessee substantially abandoned
the leased property, the leased property and all improvements to the
leased property shall revert to the state. The lease shall provide
that, at the sole discretion of the Department of General Services,
the lessee shall demolish and remove all improvements and restore the
premises to the preleased condition at the lessee's expense, and if
the lessee fails to restore the leased property as directed by the
Department of General Services, the state may do so and all costs of
the demolition and restoration shall be paid by lessee.
(g) The construction and operation of the memorial and museum
facility pursuant to the lease authorized by this section are solely
the responsibility of the lessee and shall not be considered public
works.
(h) The lease shall require the lessee to pay all administrative
costs incurred by the Department of General Services associated with
the development and management of the lease and any required
easements.
(i) The lease authorized by this section shall be subject to
periodic review every five years by the director who shall receive a
report from the lessee and shall review that report to determine
whether the purposes of the lease are being carried out.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Director of State Hospitals, may
let to a nonprofit corporation, for the purpose of conducting a
canteen for use in connection with Napa State Hospital, and for a
period not to exceed 25 years, a building located within the grounds
of Napa State Hospital at Napa, California.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Director of Conservation, may lease
to a nonprofit corporation, for the purposes of conducting organized
group camping, outdoor recreation, and conservation education, and
for a period not to exceed 30 years, a portion of those certain
premises situated in the County of Mendocino, California, commonly
known as the Mendocino Woodlands, containing approximately 640 acres.
Any lease executed pursuant to this section shall include a
provision that such lease shall be canceled if financial capability
to carry out the terms of the lease is not demonstrated to the
satisfaction of the Director of General Services and the Director of
Conservation, jointly.
Notwithstanding the provisions of Section 14670, the
Director of General Services, with the consent of the state agency
concerned, on terms and conditions he deems in the interests of the
state and for a period not longer than 55 years, may lease to the
City of San Bernardino, for a public purpose exclusively, that parcel
of land owned by the state and described as follows:
A portion of Block 1, Map of West Highlands, City of San
Bernardino, County of San Bernardino, State of California, as per map
recorded in Book 5, page 77, of Maps in the Office of the County
Recorder of San Bernardino County, that portion of the West half of
Lot 2, and that portion of the North East One-Quarter of Lot 3 of
Block 60, of the 80 Acre Survey of the Rancho San Bernardino, in the
County of San Bernardino, State of California according to the plat
thereof recorded in Book 7 of Maps, page 2, Records of San Bernardino
County.
The lease authorized by this section shall have a firm term of
five years, shall provide that the amount of rental payable to the
state shall be subject to recalculation to the satisfaction of the
state at intervals of not less than every five years, and shall
provide for the reversion of the leasehold to the state upon any
breach of the lease.
Notwithstanding Section 14670, the director, with the
consent of the State Department of State Hospitals, may let to East
Valley Water District for the purpose of development and operation of
a public golf course and park, and for a period not to exceed 30
years, real property not exceeding 90 acres located within the
grounds of Patton State Hospital on those terms and conditions that
are determined by the Director of State Hospitals and by the Director
of General Services to be in the best interest of the state and for
rent that is not less than the fair market value of the land. The
lease shall provide for renegotiation of the rent at 5-year intervals
or at any more frequent interval determined by the Director of
General Services and the Director of State Hospitals to be in the
best interest of the state.
The rent, fees, or proceeds collected in connection with the lease
of property pursuant to this section shall be made available to the
State Department of State Hospitals for allocation to the Patient
Benefits Fund of Atascadero, Camarillo, Metropolitan, Napa, and
Patton State Hospitals in an amount not to exceed twenty thousand
dollars ($20,000) annually per hospital, in accordance with Section
4125 of the Welfare and Institutions Code. Any additional amounts
collected shall be deposited in the General Fund. Notwithstanding
Section 13340, the moneys deposited in a patient benefits fund
pursuant to this section are continuously appropriated, without
regard to fiscal years, for patient benefits as provided in Section
4125 of the Welfare and Institutions Code.
(a) Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services, may let in the best interests of the state to a nonprofit
corporation, for the purposes specified in this section, real
property not exceeding 45.3 acres located within the grounds of the
Agnews State Hospital. Of this amount, up to 27 acres may be leased
for a period not to exceed 79 years beginning in 1974 and ending July
1, 2053, for the purpose of constructing a business development
park. In addition, no more than five acres, of the remaining acres,
required by the local government agency for offsite improvements and
roadways to support the business development park, may be leased for
a period not to exceed 79 years beginning in 1974 and ending July 1,
2053. The remaining acres shall be leased for a period not to exceed
50 years beginning in 1974 and ending on July 1, 2024, for the
purpose of conducting an educational and work program for
developmentally disabled and other handicapped persons. In the event
the nonprofit corporation fails to substantially commence
construction of the business development park by July 1, 1988, the
terms of the lease allowing construction of a business development
park and roadways and offsite improvements shall be null and void,
and the lease shall revert to a 50-year period terminating July 1,
2024.
The Department of General Services may provide a one-year
extension to the deadline for commencement of construction if the
department determines the nonprofit corporation has reasonable
grounds for failure to commence construction.
(b) The lease authorized by this section shall be subject to
periodic review every five years. The review shall require submission
of a report every five years by the lessee. The report shall be
reviewed by the Director of General Services, who shall assure the
state that the original purposes of the lease are being carried out.
(c) Subject to the approval of the Director of General Services
and the State Department of Developmental Services, a lease executed
under subdivision (a) may be revised to provide any of the following:
(1) That the nonprofit corporation may assign its interest in the
leased property, in whole or in part.
(2) That the nonprofit corporation may sublet all or any portion
of the leased property.
(3) That the nonprofit corporation may enter into joint ventures
with any other person, firm, partnership, or corporation to construct
facilities or to conduct programs and activities on the leased
property.
(d) Any revision of the nonprofit corporation's lease pursuant to
subdivision (c) shall be subject to the requirement that all
activities, assignments, and subleases shall be in furtherance of the
purposes specified in subdivision (a).
(e) Any sublease or partial assignment or transfer of the
nonprofit corporation's interest in the leased property, whether
voluntary, involuntary, or by operation of law, shall not terminate
the nonprofit corporation's remaining interest in the leased
property.
(f) In addition to rent paid by the nonprofit corporation to the
state, the nonprofit corporation shall pay the state 50 percent of
the gross rental income resulting from any subleases pursuant to
subdivision (c) through June 30, 2024, and 75 percent of the gross
rental income from July 1, 2024, to July 1, 2053. Any proceeds
received by the state shall be deposited in a special account within
the General Fund to be known as the Developmental Disabilities
Services Account. All funds within this account shall be held without
regard to fiscal years and shall be available for appropriation by
the Legislature for the benefit of persons with developmental
disabilities. Any interest accruing to moneys deposited in the
account also shall accrue to the account.
On or before April 15 of each year beginning in 1987, the State
Department of Developmental Services shall submit a report to the
Assembly Ways and Means Committee and the Senate Appropriations
Committee. The report shall include, but not be limited to, the
following information:
(1) The amount of funds in the Developmental Disabilities Services
Account in the General Fund.
(2) The department's priorities for expenditure of those funds.
(g) Any profits to the nonprofit corporation from the proceeds of
a sublease executed pursuant to paragraph (2) of subdivision (c)
shall be directed into programs for persons with disabilities for the
purpose of directly benefiting clients of the nonprofit corporation.
(h) A minimum of 15 percent of the total number of jobs created as
a result of the sublease shall be reserved for handicapped employees
and placed by the nonprofit corporation.
(i) (1) Moneys in the Developmental Disabilities Services Account
shall be expended by the State Department of Developmental Services,
through a request for proposals process, for projects that expand the
availability of affordable housing for persons with developmental
disabilities, including housing for funding developers in nonprofit
housing development corporations or coalitions with expertise in the
housing needs of persons with developmental disabilities.
(2) Prior to the expenditure of funds under this subdivision, the
department shall consult with stakeholder groups, as designated by
the State Department of Developmental Services, in ranking proposals
and awarding funds. At least one project shall be located on the site
previously known as the West Campus of Agnews Developmental Center.
Funds shall not be awarded pursuant to this subdivision to a regional
center for the development or management of housing projects or to
fund regional center staff required in subdivision (c) of Section
4640.6 of the Welfare and Institutions Code.
(3) On or before April 15 of each year, the State Department of
Developmental Services shall submit a report to the appropriate
fiscal and policy committees of the Legislature on the implementation
of this subdivision. The report shall include, but not be limited
to, both of the following:
(1) A description of projects funded in the previous year.
(2) A description of the process used to select projects,
including the criteria used in their selection and the stakeholder
groups that were consulted as part of that process.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections, may
lease to the County of Humboldt a 5.5-acre portion of the property
situated in the County of Humboldt known as the Eel River
Conservation Camp for a period not to exceed 20 years for purposes of
operating a refuse disposal facility.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of Developmental
Services, may let to a nonprofit corporation, for the purpose of
conducting an educational and work program for persons with
intellectual disabilities, and for a period not to exceed 50 years,
real property not exceeding 18.50 acres located within the grounds of
the Camarillo State Hospital at 1732 Lewis Road in the City of
Camarillo.
The lease authorized by this section shall be nonassignable and
shall be subject to periodic review every five years. The review
shall be made by the Director of General Services and the Director of
Developmental Services who shall do all of the following:
(a) Assure the state the original purposes of the lease are being
carried out.
(b) Determine what, if any, adjustment should be made in the terms
of the lease.
Notwithstanding Section 14670, whenever a private,
nonprofit organization has acquired state-owned equipment for the
purpose of helping disadvantaged and minority youth learn the
technical skills they need in order to gain employment in the growing
video communications field, during a period when the private,
nonprofit organization, is being funded, either partially or
entirely, with state moneys, the private, nonprofit organization,
once it no longer is funded with state moneys, may lease the state
equipment, with the approval of the Department of General Services
and the consent of the state agency concerned, for a term not to
exceed 25 years and for consideration of one dollar ($1) per month
and an agreement to continue assisting disadvantaged and minority
youth in the above-mentioned endeavors. The lease shall contain an
express provision that should the equipment not be used pursuant to
the above agreement, the lease shall thereby be terminated.
Any lease agreement made pursuant to this section shall be subject
to review by the Department of General Services every five years, at
which time the department may terminate the lease, if it determines
that the provisions of this section are not being complied with.
Notwithstanding Section 14670, the Director of General
Services may let to Solano Community College, for a period not to
exceed 25 years, for the purpose of establishing a fire science
training center, real property located within the grounds of the
California Medical Facility in Vacaville.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the State Department of State
Hospitals, may let a building located at Patton State Hospital to a
nonprofit corporation or local government, for a period not to exceed
20 years, for the purpose of providing services to elderly persons.
(a) Notwithstanding Section 14670, or any other provision
of law, the Director of General Services, with the consent of the
Department of Corrections, may lease to the United States Postal
Service for a term of 25 years and for the consideration specified in
subdivision (b), real property not to exceed five acres, located
upon and within the grounds of the California Institution for Men at
Chino. The Department of Corrections shall allow to designated United
States Postal Service employees access to the firearms range located
on that property for weapons qualifications.
(b) The United States Postal Service, in consideration for the
lease of property and access by postal workers permitted by this
section, shall cause to be designed and constructed a 2,000 square
foot multipurpose building on the property, as well as a 15-lane
extension of the existing firing range. The United States Postal
Service shall be responsible for all costs associated with the
design, development, and construction of the lease site, building,
and firearms range. Upon expiration of the lease agreement, ownership
of any and all capital improvements shall vest in the State of
California.
Notwithstanding Section 14670, the Director of General
Services, with the consent of the Department of Corrections, upon the
terms and conditions as the director deems in the best interests of
the state, may let to the Santa Ana Watershed Project Authority for a
term not to exceed 25 years, for the purposes of developing and
operating a desalter plant for underground water, real property not
to exceed three acres that belongs to the California Institution for
Men, Chino. The lease authorized by this section shall be
nonassignable and shall be subject to periodic review after the fifth
anniversary of the lease. The review shall be made by the Director
of General Services who shall ascertain whether the original purposes
of the lease are being carried out. The lease authorized by this
section may be renewed upon its expiration for a term not to exceed
20 years upon the concurrence of the Director of Corrections.
(a) The Department of General Services shall lease upon
terms and conditions deemed in the best interest of the state, any or
all of the Preston Castle portion of the Ione Youth Facility as
agreed to and designated by the Department of the Youth Authority.
(b) The property shall be let for a term not to exceed 55 years
and for the consideration of one dollar ($1) per year. The property
shall be let to the Preston Castle Foundation, a nonprofit public
benefit corporation, for uses that include, but are not limited to,
museums, art gallery, courtroom, city hall, hostel, adult college
classrooms and dormitory, culinary school, senior center, and related
retail that shall be consistent with the lease agreement.
(c) The Preston Castle portion of the Ione Youth Facility shall be
leased in its "as is" condition and the state shall have no
liability for repairs, rehabilitation, or other improvements. The
lease shall provide that the lessee shall undertake and accomplish
significant repairs, rehabilitation, or other improvements not later
than 15 years from the effective date of the lease.
(d) At any time during the lease, at the request of the Preston
Castle Foundation, the Director of General Services may determine
that the Preston Castle Foundation has successfully rehabilitated the
property for the uses specified in subdivision (b) and that those
uses are hereby determined to benefit the general public. Upon making
that determination, the Director of General Services shall transfer
ownership and control of Preston Castle, with the consent of the
Director of the Department of the Youth Authority, to the Preston
Castle Foundation at no cost, other than the costs incurred for the
real estate transfer. These terms and conditions of the transfer will
be deemed to be in the best interest of the state.
(e) However, should the Preston Castle no longer be used for the
purposes specified in subdivision (b), a reversion of title to the
state may take effect. This reversion clause shall remain in effect
for as long as the state operates a youth correctional facility on
the adjacent land.
(f) The lease and transfer described in this section are exempt
from Division 13 (commencing with Section 21000) of the Public
Resources Code. Work performed by the Preston Castle Foundation on
the property that is the subject of this section shall not be
considered public works.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the Department of the Youth
Authority, shall lease a five acre portion of the Ione Youth Facility
as designated by the Department of the Youth Authority, for a term
not to exceed 30 years and at the rate of one dollar ($1) per year,
to the County of Amador for use as a regional juvenile detention
facility.
(b) The lease shall provide that the property shall be leased "as
is" and that the state shall have no liability for repairs,
rehabilitation, or other improvements. It shall provide that the
lessee county shall complete the detention facility not later than
three years after the effective date of the lease, and that the
facility shall be operated by the County of Amador pursuant to the
terms of the lease.
(c) The lease described in this section shall be exempt from the
requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(d) The Department of General Services shall be reimbursed for its
costs related to the lease, including, but not limited to, any
survey costs, title transfer fees, and department staff time.
(e) The Legislature finds and declares that the lease of a portion
of the Ione Youth Facility to the County of Amador for use as a
juvenile detention facility pursuant to this section, is for a
statewide public purpose.
(a) Notwithstanding Section 14670, the Director of
General Services, with the consent of the Department of the Youth
Authority, may lease real property appurtenant to or part of the Ione
Youth Facility as designated by the Department of the Youth
Authority, which real property located in the County of Amador
comprises the easements known as the Preston Ditch, Henderson
Reservoir, Preston Reservoir, Preston Forebay, certain water rights
with a diversion point on Sutter Creek, unused land at the Ione Youth
Facility, and other pipelines and facilities leased to the County of
Amador as lessee in the document entitled "Agreement for Wastewater
Management Plan" dated March 22, 1978, which interests have been
assigned to the Amador Regional Sanitation Authority, a joint powers
agency comprised of the County of Amador and the Cities of Amador
City and Sutter Creek. The new lease shall be for a term not to
exceed 30 years and at the rate of one dollar ($1) per year, to the
Amador Regional Sanitation Authority for its continued use as a
wastewater delivery and disposal system. The lease shall contain the
terms and conditions for wastewater disposal and other matters to
which the parties agree.
(b) The lease shall provide that the property shall be leased "as
is" and that the state shall have no liability for repairs,
rehabilitation, or other improvements. It shall provide that the
lessee, Amador Regional Sanitation Authority, shall operate the
leased property pursuant to the terms of the lease under those terms
and conditions, as deemed to be in the best interest of the state.
(c) The lease described in this section shall be exempt from the
requirements of Division 13 (commencing with Section 2100) of the
Public Resources Code.
(d) The Department of General Services shall be reimbursed for its
cost related to the lease, including, but not limited to, any survey
costs, title transfer fees, administrative costs, and department
staff time.
(e) The Legislature finds and declares that the lease of the
described portion of the Ione Youth Facility and appurtenant real
property to the Amador Regional Sanitation Authority for use as a
wastewater delivery and disposal system pursuant to this section is
for a statewide public purpose.
The jurisdiction of real property owned by the state may be
transferred from one state agency to another state agency with the
written approval of the director.
In connection with such a transfer, the director may authorize the
payment of the consideration he or she deems proper from available
funds of the receiving agency to the transferring agency.
Where the interest the state owns in real property is not under
the jurisdiction of any specified state agency the department may act
as the transferring agency.
Upon request and without fee, the recorder of each county in which
any portion of real property so transferred is located shall record
any instruments executed in connection with such a transfer.
(a) The Legislature finds and declares all of the
following:
(1) The state owns approximately 1.69 acres of real property
located at 995 Fir Street in the City of Chico, currently used by the
Department of the California Highway Patrol as its Chico area
office.
(2) For the purposes of this section, the real property described
in paragraph (1) shall be referred to as the "Fir Street Property."
(3) The Chico area office of the department has outgrown the
facilities on the Fir Street Property, and relocating the operations
of the Chico 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 Fir Street 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 Chico 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 Fir Street 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 Fir Street
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 Chico 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 Fir Street Property for
disposition, pursuant to the authorization described in subdivision
(b), to the City of Chico for purposes of a local government-owned
facility, and under terms and conditions that provide for continuous
operation of the state's facilities at the Fir Street Property until
relocation is accomplished. If the City of Chico is unable to enter
into an agreement for the disposition of the Fir Street Property
within 120 days after notice from the Department of General Services,
the director may offer the Fir Street 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 Fir Street 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 Fir Street Property.
(f) For the purposes of this section, the Fir Street 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 continuous operation of the Chico 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 Fir Street 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 Chico fails to
enter into an agreement for the disposition of the Fir Street
Property, the Department of General Services shall advertise the
availability of the Fir Street Property and award the sale, lease,
exchange, or any combination thereof, of all or a portion of the Fir
Street 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 Fir Street 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 Fir Street
Property, and provide them to the Department of Finance for review
prior to soliciting bids.
(2) The Department of General Services shall obtain approval from
the Department of Finance prior to the execution of any disposition
agreement regarding the Fir Street 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.
The Director of General Services may enter into
negotiations with the City of Concord on behalf of the Military
Department for the exchange of certain real property located on
Willow Pass Road next to the Concord Civic Center which contains a
California National Guard armory facility for certain real property
owned by the City of Concord and for the improvement thereof with an
armory facility for use by the California National Guard. The
exchange shall be based on current market value and subject to such
terms and conditions, and with such reservations and exceptions, as
in the opinion of the Director of General Services are in the best
interests of the state, including the condition that the exchange
shall result in no net cost to the state.
The Director of General Services may transfer and convey,
without charge or consideration, to the City of Salinas, all rights,
title, and interests, including any equitable interest, held by the
state in the real property situated at 342 Front Street, Salinas,
California. The Legislature hereby finds that it has deemed the
subject property, formerly used as an Employment Development
Department office, as surplus and that the city has received a
transfer of property interests from the United States for any
interest held by the United States Department of Labor in that
property.
The Director of General Services, with the concurrence of
the Director of Parks and Recreation, shall quitclaim to the County
of Los Angeles, at no cost to the county, all interests of the state
in the state and county arboretum at 301 North Baldwin Avenue,
Arcadia, California, consisting of approximately 111 acres. The
county shall develop, maintain, operate, and preserve the land as a
botanical garden for public park and recreation use. Natural,
historic, and cultural resources existing on the site shall continue
to be maintained, preserved, interpreted, and protected for public
enjoyment. No change in use of the property from public park and
recreation purposes without specific approval of the Director of
Parks and Recreation shall be allowed. Upon any breach of these
conditions, the state may reenter the property, and upon that
reentry, the interest of the County of Los Angeles shall terminate
and ownership shall be entirely in the state.
(a) The Director of General Services, with the concurrence
of the Director of Parks and Recreation, may convey to, exchange, or
lease for a term of longer than five years, with the City of Los
Angeles, at less than fair market value, approximately 28 acres of
property known as Pan Pacific Park, located in the City of Los
Angeles. The city shall develop, maintain, operate, and preserve the
park for the use and recreation of the public and shall succeed to
the interests of the state in any contracts relating to the operation
and maintenance of the park.
(b) The deed or other instrument of transfer shall provide that
the property shall be used only for public park and recreation
purposes, and if this condition is violated, the state shall have the
right to reenter and take possession of the property, and, upon that
reentry, title thereto shall revert to the State of California. The
deed or other instrument of transfer shall further provide for the
property to revert to the state if, within a period not to exceed 10
years from the date of transfer, the property is not developed to
provide for public recreational use and enjoyment. The Director of
General Services may provide additional terms and conditions which he
or she determines to be in the best interest of the state.
(c) Any costs incurred by the Department of General Services in
administering the conveyance or exchange authorized in subdivision
(a) shall be paid by the joint powers agency or entity receiving the
property.
(d) A condition of state conveyance shall be a cooperative
agreement between the City of Los Angeles and the County of Los
Angeles that shall become effective upon the transfer or lease of the
park and shall contain a provision making the transfer or lease
subject to a right in the County of Los Angeles to place and operate
a museum on the property. The agreement shall provide that the
location, size, and shape of the museum as well as other park
development projects proposed by the city shall be subject to the
site plan diagram in the 1992 Pan Pacific Auditorium Site Development
Plan or other mutual agreement of the City of Los Angeles and the
County of Los Angeles. The exercise of the right by the County of Los
Angeles to place and operate a museum shall be conditioned on the
county's commitment of sufficient funds for construction and
operation of the museum.
(e) The 1978 Operating Agreement between the state and the County
of Los Angeles shall be terminated by operation of law upon the
transfer or lease of the park to the City of Los Angeles.
(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.
(a) The Legislature finds and declares all of the
following:
(1) Located in the City of San Diego, the state owns approximately
2.7 acres of real property on two city blocks bounded by Ash Street
on the north, Front Street on the east, "A" Street on the south, and
State Street on the west, with improvements, currently used for state
offices.
(2) For purposes of this section, the real property described in
paragraph (1) shall be referred to as the "San Diego Property."
(3) Continuing the consolidated operations of the various state
agencies in one location will greatly facilitate and improve the
efficiency of the administrative operations of the state.
(4) The San Diego Property may be sold, exchanged, leased, or any
combination thereof, and the proceeds used to carry out the intent of
the Legislature to consolidate various departments and state
agencies to protect the health and safety of the people.
(5) The disposition of the San Diego Property authorized in 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 San Diego Property.
The director shall use the proceeds of any sale, exchange, or lease
made pursuant to this subdivision to acquire the land and facilities
described in subdivision (g) to consolidate various state departments
within the downtown area of the City of San Diego.
(c) 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 San Diego
Property may include land, or a combination of land, improvements,
and money.
(d) (1) Any funds received from the sale, exchange, or lease of
the San Diego 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 the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase pursuant
to this subdivision.
(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, or exchange of
the San Diego Property.
(f) For the purposes of this section, the San Diego 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 purposes of providing usable office and related space
not to exceed 120,000 net square feet in the City of San Diego in
order to consolidate various departments and state agencies. It is
the intent of the Legislature that the state obtain an equity
interest in any land or facility authorized by this subdivision.
(2) Notwithstanding Section 14669, the department shall advertise
and award the lease or leases to the proposer offering to provide a
building or buildings that meet the state's requirements and that the
director determines are in the best interest of the state. The
director may also lease all or part of the San Diego Property for a
period not to exceed 66 years.
(h) (1) The Department of General Services shall develop the terms
and conditions of any agreements or lease, 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 execution of any agreement or lease.
(2) The Department of General Services shall notify the
chairperson of the committee in each house 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 sooner than a
lesser time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine. If
any of the three committees fail to take an action with respect to
the submittal within 45 days after the submittal, this inaction shall
be deemed to be approval for purposes of this section.
(a) The Legislature finds and declares all of the
following:
(1) The state owns approximately 3.14 acres of real property
located at 2440 Main Street in the City of Red Bluff, with
improvements, currently used for state offices.
(2) For purposes of this section, the real property described in
paragraph (1) shall be referred to as the "Red Bluff Property."
(3) Continuing the consolidated operations of the various state
agencies in one location will greatly facilitate and improve the
efficiency of the administrative operations of the state.
(4) The Red Bluff Property may be sold, exchanged, leased, or any
combination thereof, and the proceeds used to carry out the intent of
the Legislature to consolidate various departments and state
agencies to protect the health and safety of the people.
(5) The disposition of the Red Bluff Property authorized in 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 Red Bluff Property.
The director shall use the proceeds of any sale, exchange, or lease
made pursuant to this subdivision to acquire the land and facilities
described in subdivision (g) to consolidate various state departments
in closer proximity within the City of Red Bluff.
(c) 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 Red Bluff
Property may include land, or a combination of land, improvements,
and money.
(d) (1) Any funds received from the sale, exchange, or lease of
the Red Bluff 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 the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase pursuant
to this subdivision.
(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, or exchange of
the Red Bluff Property.
(f) For the purposes of this section, the Red Bluff 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 purposes of providing usable office and related space
not to exceed 40,000 net square feet in the City of Red Bluff in
order to consolidate various departments and state agencies. It is
the intent of the Legislature that the state obtain an equity
interest in any land or facility authorized by this subdivision.
(2) Notwithstanding Section 14669, the department shall advertise
and award the lease or leases to the proposer offering to provide a
building or buildings that meet the state's requirements and that the
director determines are in the best interest of the state. The
director may also lease all or part of the Red Bluff Property for a
period not to exceed 66 years.
(h) (1) The Department of General Services shall develop the terms
and conditions of any agreements or lease, 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 execution of any agreement or lease.
(2) The Department of General Services shall notify the
chairperson of the committee in each house 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 sooner than a
lesser time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine. If
any of the three committees fail to take an action with respect to
the submittal within 45 days after the submittal, this inaction shall
be deemed to be approval for purposes of this section.
(a) With the consent of the state agency concerned, the
director may authorize the sale or exchange of any personal property
which belongs to the state, if he or she deems the sale or exchange
is in the best interests of the state.
(b) All money received by a state agency for the sale of personal
property, or surplus personal property pursuant to subdivision (c),
shall be accounted for to the Controller, who shall remit the money
to the fund or funds from which the state agency receives the
majority of its support appropriation. The money may be made
available by the Department of Finance for expenditure by the state
agency in augmentation of its support appropriation subject to the
requirements of Section 28.00 of the Budget Act.
(c) Personal property which is identified by the Department of
General Services as surplus to a state agency's needs, the
determination of which is concurred in by the state agency concerned,
shall be sold or otherwise disposed of by the state agency within
one year after that identification. The one-year time period for sale
or disposition may be extended for good cause upon approval by the
department. The proposed method of sale or disposition shall be
subject to the approval of the department.
(d) If the surplus personal property is not sold or otherwise
disposed of within the one-year period or extension thereof,
possession and control of the personal property shall vest in the
department, which may then sell, trade, or otherwise dispose of the
surplus personal property, as determined by the department to be in
the best interests of the state. The proceeds from sales held by the
department under this subdivision shall be deposited in the General
Fund, less any amounts sufficient for the department to recover its
costs.
(e) Notwithstanding subdivisions (b) and (d), state personal
property purchased with federal funds and later disposed of as
surplus pursuant to this section shall be disposed of in accordance
with federal requirements, including any requirement for remittance
of the proceeds from those sales to the appropriate federal fund or
agency. The Department of General Services, or the state agency
concerned if it is holding the sale, may, however, if not precluded
by federal law, deduct from the proceeds its costs for holding the
sales.
The director may authorize the transfer or loan of personal
property owned by the state from one state agency to another state
agency if he deems the transfer or loan and the terms and conditions
thereof, are in the best interests of the state.
Upon behalf and in the name of the state, the department may
contract to purchase or otherwise acquire, that certain real
property situate in the City of Sacramento, County of Sacramento,
State of California, and bounded and described as follows, to wit:
Lots five (5) and six (6) in the block bounded by 10th and 11th
and O and P Streets, upon such terms and conditions as may be in the
best interests of the state.
Upon acquisition the department may make the structure thereon
available to state agencies upon such terms and conditions as may
appear proper.
If the property is acquired under a contract to purchase, all
money remaining after payment of interest, maintenance, repair,
alteration, and other necessary expenditures, shall be paid or
credited to the balance due upon the purchase price.
Any state agency, with the approval of the director, may
permit motor vehicle parking by state officers and employees or other
persons upon state property under the jurisdiction or control of
such agency and may prescribe the terms and conditions of such
parking including the payment of parking fees in such amounts and
under such circumstances as may be determined by the state agency
with the approval of the Director of General Services. Different
rates of parking fees, based upon the number of riders in each
vehicle, may be charged.
No such parking shall be permitted by any state agency except
pursuant to this section.
Varying rates of parking fees may be established for different
localities or for different parking facilities.
This section shall not apply to facilities constructed under the
State College Revenue Bond Act of 1947, nor shall it apply to the
parking of legislators' motor vehicles in the State Capitol Garage.
The Legislature hereby declares it to be the policy of the state
to permit motor vehicle parking by state officers and employees or
other persons on state-owned or controlled property to the extent
reasonably possible and subject to the charging of parking fees under
such circumstances and in such amounts as may be deemed appropriate.
The Legislature by this section does not intend to authorize the
institution of a public parking program unrelated to state purposes
and in competition with private industry.
The Department of General Services is authorized to acquire,
pursuant to the Property Acquisition Law (Part 11, commencing with
Section 15850, Division 3, Title 2, Government Code) or by lease or
other means, real property and to construct, operate, and maintain
motor vehicle parking facilities thereon for state officers and
employees, or other persons, provided that no such acquisition shall
be commenced pursuant to the Property Acquisition Law unless and
until an appropriation of funds therefor has been made by the
Legislature. The department may enter into arrangements with other
public and state agencies for joint use of motor vehicle parking
facilities, provided the benefit to be derived by the state is
commensurate with its participation. The department may prescribe the
terms and conditions of this parking, including the payment of
parking fees in any amounts and under any circumstances as may be
determined by the department. Varying rates of parking fees may be
established for different localities or for different parking
facilities. The department may charge different rates of parking fees
based on the number of riders in each vehicle. In determining rates
of parking fees the department shall consider the rates charged in
the same locality by other public agencies and by private employers
for employee parking. The use of electricity by state government and
other government entities, state officers and employees, or other
persons for the charging of an electric vehicle in a department
maintained or joint use motor vehicle parking facility is not a gift
of public funds by the department that is prohibited by Section 6 of
Article XVI of the California Constitution.
Revenues received by the department from (a) any of the
hereinabove motor vehicle parking facilities as may be designated by
the director, and (b) motor vehicle parking facilities under the
jurisdiction of any other state agency which has entered into an
agreement with the department for the payment of revenues therefrom
to the department, shall be deposited in the General Fund and are
hereby appropriated, without regard to fiscal years, to the
Department of General Services for the construction, operation, and
maintenance of motor vehicle parking facilities on real property
acquired hereunder or on real property under the jurisdiction of any
other state agency which has agreed to the payment of revenues as
aforesaid from its motor vehicle parking facilities to the
department, for reimbursement to state agencies for all or part of
the costs incurred by these agencies in selling public transit passes
at a discount to defray state agency employees' commuting costs, and
for other approved transportation subsidy programs. The department
shall certify to the Department of Finance the amount of funds
available for reimbursement of transportation subsidies. The
Department of Finance shall determine the amount that may be
withdrawn by state agencies for payment of these subsidies. Requests
from state agencies for reimbursement shall include appropriate
verification of the state agency's costs. Any unneeded balance in
this appropriation shall be transferred by the Controller on order of
the Director of General Services to the unappropriated balance of
the General Fund.
The Legislature by this section does not intend to authorize the
institution of a private parking program unrelated to state purposes
in competition with private industry.
(a) Notwithstanding the provisions of Section 14678, the
Department of General Services may enter into agreements with the
federal government, including the Urban Mass Transportation
Administration, and local agencies to implement demonstration
employee mass transportation programs under which the revenues of the
project in the form of parking fees are used to repay the costs of
the program. For those purposes, the revenue from parking fees
generated by the parking facility or facilities in the project shall
be allocated to the project pursuant to the agreement. This
subdivision shall apply only to the Van Nuys State Office Building.
(b) The director may, for a period not longer than the
demonstration employee mass transportation program implemented
pursuant to subdivision (a), allocate parking fees from employees at
facilities leased by the state in the Van Nuys area and use those
parking fees collected to finance the demonstration program
implemented in that area.
(c) The revenue from parking fees from facilities leased by the
state in the Van Nuys area is appropriated without regard to fiscal
years to the department for allocation to the project described in
subdivision (a) for a period not longer than the demonstration
program implemented pursuant to that subdivision.
(a) A parking facility under the jurisdiction or control of
a state agency, that is available to private persons who desire to
conduct business with the state agency, shall reserve for the
exclusive use of any vehicle that displays either a special
identification license plate issued pursuant to Section 5007 of the
Vehicle Code or a distinguishing placard issued pursuant to Section
22511.55 or 22511.59 of the Vehicle Code a minimum of one parking
space for up to 25 spaces, and additional parking spaces pursuant to
Section 1129B of Part 2 of Title 24 of the California Code of
Regulations.
(1) (A) The space or spaces shall be reserved by posting
immediately adjacent to and visible from such space or spaces a sign
consisting of a profile view of a wheelchair with occupant in white
on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008, or as
the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(b) If no parking facility under the jurisdiction and control of a
state agency is available to private persons who desire to conduct
business with the state agency, the state agency shall request the
local authority having jurisdiction over streets immediately adjacent
to the property of the state agency to provide parking spaces for
the use of disabled persons and disabled veterans pursuant to Section
22511.7 of the Vehicle Code.
(c) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450, as
appropriate, conforming regulations to ensure compliance with
subparagraph (B) of paragraph (1) of subdivision (a) and paragraph
(2) of subdivision (a). Initial regulations to implement these
provisions shall be adopted as emergency regulations. The adoption of
these regulations shall be considered by the Department of General
Services to be an emergency necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
(a) Any state agency which has under its jurisdiction or
control any parking facility, which is available to state officers
and employees or to private persons who desire to conduct business
with a state agency, shall construct, operate, and maintain bicycle
and moped parking facilities for the use of bicycle and moped riders.
(b) If no parking facility under the jurisdiction and control of a
state agency is available to state officers and employees or to
private persons who desire to conduct business with a state agency,
the state agency shall request the local authority having
jurisdiction over streets and sidewalks immediately adjacent to the
property of the state agency to provide parking spaces upon which
parking facilities for use by bicycle and moped riders shall be
constructed, operated, and maintained by such agency.
(c) As used in this section, "parking facility" means any facility
or combination of facilities for parking which contains six or more
parking spaces.
Whenever a state building or other state structure is about
to be constructed and it is necessary to clear any land, public
street or public way of any easement or right-of-way, or the works of
any public utility, which would interfere with the state building or
structure, the Director of General Services may enter into an
agreement with the owner of the easement or right-of-way, or public
utility, for the relocating or removal of any facilities of such
public utility or owner which lie in, on, along, or across such land,
public street or public way and for the conveying or quitclaiming to
the state of any interest of such utility or owner in such land,
public street or public way. The cost of such removal or relocation
may be paid, with the approval of the State Public Works Board, out
of any money available for the construction of the state building or
other structure the erection of which necessitates such relocation or
removal. Nothing in this section authorizes the relocation or
removal at state expense of any public utility works or other
facilities which, under the same circumstances, the public utility or
owner would be required to relocate or remove at its own expense.
Notwithstanding any other provision of law the Department of
General Services is authorized to approve and make effective an
agreement between any state agency authorized to invest funds under
the control of the agency and the Governor whereby the agency agrees
to invest with the Governor funds not exceeding the sum of three
hundred thousand dollars ($300,000) for construction, improvements,
and equipment of buildings and other facilities, including
landscaping, in the County of Sacramento for the Office of Civil
Defense. The agreement shall provide for the liquidation of the
investment with interest at a rate agreed upon between the parties,
out of rental charges to be paid by the agencies using the building
or such other funds as are available to the Governor for the purpose.
Any state agency authorized to invest funds under its control and
the Governor are hereby authorized to enter into the above agreement.
Whenever under any general or special statute the Director of
General Services is authorized to invest the money in a special fund
in the State Treasury, he is hereby authorized to invest the money in
any such fund or funds for the purposes of this section. Investments
by the Director of General Services under this section shall not
exceed three hundred thousand dollars ($300,000) in the aggregate.
Any such investment shall be made pursuant to an agreement between
the Director of General Services and the Governor providing for the
investment of such funds and the liquidation of the investment with
interest at the rate agreed upon between the parties out of rental
charges to be paid by the agencies using the building or from other
funds available to the Governor for such purpose.
(a) Whenever the Director of Corrections, the Director of
the Youth Authority, or the Director of General Services acting on
behalf of either director, decides either to go out to bid to
construct a state building, expand an existing building, expand the
use of an existing building, or enter into a lease of an existing
building, he or she shall notify in writing, at least 60 days prior
to going out to bid or entering into a lease, all of the following
officials of his or her intent to construct, expand, or lease the
building, along with a description of the location of the building:
(1) Each Member of the Legislature whose district encompasses the
location of the building to be constructed, expanded, or leased or
whose district encompasses the location of the building to be
relocated when the relocation is to another member's district.
(2) The clerk of the county board of supervisors in the county in
which the building is to be constructed, expanded, or leased.
(3) If the building is to be constructed, expanded, or leased
within a city, the city clerk and the mayor of the city.
(b) In those instances where either the Director of Corrections or
the Director of the Youth Authority is exempt from the bidding
process, that director, or the Director of General Services if he or
she is acting on behalf of either director, shall notify the clerk of
the legislative body of the affected agency described in subdivision
(a), in writing, at least 60 days prior to the construction,
expansion, or lease of a building.
(a) Final determination of the use of existing state-owned
and state-leased facilities that are currently under the jurisdiction
of the Department of General Services by state agencies shall be
made by the Department of General Services.
(b) A request of an agency that is required to be made to and
approved by the Department of General Services to acquire new
facilities through lease, purchase, or construction shall first
consider the utilization of existing state-owned, state-leased, or
state-controlled facilities before considering the leasing of
additional facilities on behalf of a state agency. If no available
appropriate state facilities exist, the Department of General
Services shall procure approved new facilities for the agency that
meet the agency's needs using cost efficiency as a primary criterion,
among other agency-specific criteria, as applicable.
(c) When tenant state agencies located in existing state-owned or
state-leased facilities vacate their premises, they shall continue
paying rent for the facilities unless and until a new tenant can be
assigned or until the Department of General Services can negotiate a
mutual termination of the lease. If the department generates the
tenant's relinquishment, or if the tenant is vacating in accordance
with the provisions of its lease agreement, the tenant shall not be
obligated to pay rent after vacating the premises.
(a) The department, in consultation with the State Energy
Resources Conservation and Development Commission, shall ensure that
solar energy equipment is installed, no later than January 1, 2007,
on all state buildings and state parking facilities, where feasible.
The department shall establish a schedule designating when solar
energy equipment will be installed on each building and facility,
with priority given to buildings and facilities where installation is
most feasible, both for state building and facility use and
consumption and local publicly owned electric utility use, where
feasible.
(b) Solar energy equipment shall be installed where feasible as
part of the construction of all state buildings and state parking
facilities that commences after December 31, 2002.
(c) For purposes of this section, it is feasible to install solar
energy equipment if adequate space on a building is available, and if
the solar energy equipment is cost-effective.
(d) No part of this section shall be construed to exempt the state
from any applicable fee or requirement imposed by the Public
Utilities Commission.
(e) The department may adopt regulations for the purposes of this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1. For purposes of Chapter
3.5 (commencing with Section 11340) of Part 1, including, but not
limited to, Section 11349.6, the adoption of the regulations shall be
considered by the Office of Administrative Law to be necessary for
the immediate preservation of the public peace, health, safety, and
general welfare. Notwithstanding the 120-day limit specified in
subdivision (e) of Section 11346.1, the regulations shall be repealed
180 days after their effective date, unless the department complies
with Chapter 3.5 (commencing with Section 11340) of Part 1 as
provided in subdivision (e) of Section 11346.1.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Cost-effective" means that the present value of the savings
generated over the life of the solar energy system, including
consideration of the value of the energy produced during peak and
off-peak demand periods and the value of a reliable energy supply not
subject to price volatility, shall exceed the present value cost of
the solar energy equipment by not less than 10 percent. The present
value cost of the solar energy equipment does not include the cost of
unrelated building components. The department, in making the present
value assessment, shall obtain interest rates, discount rates, and
consumer price index figures from the Treasurer, and shall take into
consideration air emission reduction benefits.
(2) "Local publicly owned electric utility" means a local publicly
owned electric utility as defined in Section 9604 of the Public
Utilities Code.
(3) "Solar energy equipment" means equipment whose primary purpose
is to provide for the collection, conversion, storage, or control of
solar energy for electricity generation.
(a) The department, in consultation with the State Energy
Resources Conservation and Development Commission, shall ensure that
solar energy equipment is installed, no later than January 1, 2009,
on all state buildings, state parking facilities, and state-owned
swimming pools that are heated with fossil fuels or electricity,
where feasible. The department shall establish a schedule designating
when solar energy equipment will be installed on each building and
facility, with priority given to buildings and facilities where
installation is most feasible.
(b) Solar energy equipment shall be installed, where feasible, as
part of the construction of all state buildings and state parking
facilities for which construction commences on or after January 1,
2008.
(c) For purposes of this section, it is feasible to install solar
energy equipment if adequate space on or adjacent to a building is
available, if the solar energy equipment is cost-effective, and if
funding is available from the state or another source.
(d) Any solar energy equipment installed pursuant to this section
shall meet applicable standards and requirements imposed by state
and local permitting authorities, including, but not limited to, all
of the following:
(1) Certification by the Solar Rating Certification Corporation,
which is a nonprofit third party supported by the Department of
Energy, or any other nationally recognized certification agency.
(2) All applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories, such as
the Underwriters Laboratories.
(3) Where applicable, the regulations adopted by the Public
Utilities Commission regarding safety and reliability.
(e) This section does not exempt the state from the payment of any
applicable fee or requirement imposed by the Public Utilities
Commission.
(f) The department may adopt regulations for the purposes of this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1. For purposes of that
chapter, including, but not limited to, Section 11349.6, the adoption
of the regulations shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation of
the public peace, health, safety, and general welfare.
Notwithstanding the 120-day limit specified in subdivision (e) of
Section 11346.1, the regulations shall be repealed 180 days after
their effective date, unless the department complies with Chapter 3.5
(commencing with Section 11340) of Part 1 as provided in subdivision
(e) of Section 11346.1.
(g) Any solar energy equipment installed pursuant to this section
shall be subject to the provisions of the California Solar Rights Act
of 1978 (Chapter 1154 of the Statutes of 1978), as amended.
(h) For purposes of this section, the following terms have the
following meanings:
(1) "Cost-effective" means that the present value of the savings
generated over the life of the solar energy system, including
consideration of the value of the energy produced during peak and
off-peak demand periods and the value of a reliable energy supply not
subject to price volatility, shall exceed the present value cost of
the solar energy equipment by not less than 10 percent. The present
value cost of the solar energy equipment does not include the cost of
unrelated building components. The department, in making the present
value assessment, shall obtain interest rates, discount rates, and
consumer price index figures from the Treasurer, and shall take into
consideration air emission reduction benefits and the value of stable
energy costs.
(2) "Local publicly owned electric utility" means a local publicly
owned electric utility as defined in subdivision (d) of Section 9604
of the Public Utilities Code.
(3) "Solar energy equipment" means equipment whose primary purpose
is to provide for the collection, conversion, storage, or control of
solar energy for the purpose of heat production, electricity
production, or simultaneous heat and electricity production.