Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 338

Introduced by Assembly Member Chávez

February 13, 2013

An act relating to begin delete public safety end delete begin insert state property end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 338, as amended, Chávez. begin delete Public safety. end delete begin insert State property: surplus. end insert

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Existing law authorizes the Director of General Services, to dispose of state surplus property, subject to specified conditions, including authorization by the Legislature.

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This bill would authorize the Director of Parks and Recreation, with the approval of the Director of General Services, to enter into an agreement with the City of Carlsbad for the exchange of specified parcels of real property subject to certain conditions.

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Existing law prescribes certain punishments for public safety offenses.

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This bill would express the intent of the Legislature to enact legislation to amend the Penal Code, relating to public safety issues.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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(a) The Director of Parks and Recreation, with
the approval of the Director of General Services, is hereby
authorized to enter into a mutually beneficial agreement with the
City of Carlsbad, San Diego County, for the exchange of real
property as specified in this section. The real property to be offered
by the state consists of portions of the property known as South
Carlsbad State Beach located between Cerezo Drive and Avenida
Encinas in the City of Carlsbad. The real property to be offered
by the city consists of a portion or portions of excess property
created through the redesign and realignment of Carlsbad
Boulevard.

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(b) The City of Carlsbad shall reimburse the state for the
difference in the appraised value of the property that is to be
exchanged, if the state is found to be receiving less value, except
that any costs for design or development that have been advanced
on behalf of the state by the City of Carlsbad shall be deducted
from the value on a prorate share basis, and for reasonable
administrative costs incurred to complete the transfer of title.

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(c) The City of Carlsbad shall be solely responsible for
compliance with the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code) in connection with the transfer of property
ownership. The Department of Parks and Recreation shall be
responsible for compliance with Section 6(f)(3) of the federal Land
and Water Conservation Fund Act of 1965 (Public Law 88-578).

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(d) The exchange of lands carried out pursuant to this section
shall be based on current fair market value and subject to the terms
and conditions, and with the reservations, restrictions, and
exceptions, that the Director of General Services determines are
in the best interests of the state, including the condition that the
exchange shall result in no net cost or loss to the state.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to amend the Penal Code, relating to public safety issues.

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