BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1907 (Daly) - Orange County Fair:  sale of state property
          
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          |Version: May 27, 2016           |Policy Vote: G.O. 13 - 0        |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Mark McKenzie       |
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          This bill meets the criteria for referral to the Suspense File.



          Bill  
          Summary:  AB 1907 would repeal the authority for the Department  
          of General Services (DGS) to sell all or part of the Orange  
          County Fairgrounds, as specified.


          Fiscal  
          Impact:  Unknown foregone revenues, potentially in excess of  
          $100 million (General Fund), to the extent DGS were to exercise  
          the authority to sell the property in the future.  Staff notes  
          that previous attempts to sell the property were unsuccessful,  
          and there are no current plans to sell any part of the property.  
           (see staff comments)


          Background:  Existing law divides the state into 54 agricultural districts,  
          including the 32nd District, located in Orange County, and  
          District 32a, which consists of all real property within  
          District 32 that is commonly known as the Orange County Fair in  







          AB 1907 (Daly)                                         Page 1 of  
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          the City of Costa Mesa.  Existing law authorizes DGS to sell all  
          or any portion of the property that composes District 32a  
          pursuant to a public bidding process designed to obtain the  
          highest, most certain return for the state from a responsible  
          bidder, and specifies that such a transaction would be deemed to  
          be the fair market value.  Existing law also requires DGS to  
          report specified information to the Legislature 30 days prior to  
          executing a transaction, including the financial terms, a  
          comparison of fair market value and the agreed upon price, and  
          any basis for agreeing to terms and conditions other than fair  
          market value.  Proceeds from the sale would be deposited into  
          the General Fund, after paying off any bonds that involve the  
          property and reimbursing DGS for any administrative costs.
          The 2009-10 budget agreement authorized the sale of Orange  
          County Fair property as one part of a larger effort to generate  
          revenue from the state's high value assets to help close  
          significant state budget gaps following the 2008 financial  
          crisis.  In October 2009, DGS began soliciting bids for the sale  
          of the property.  The highest bid of $56.5 million was far below  
          the assumed value of $96 million to $180 million, so DGS  
          rejected all bids for the sale in March of 2010, and instead  
          commenced negotiations with the City of Costa Mesa for sale of  
          the property.  In August 2010, DGS again put the Orange County  
          Fair property out to bid, and Facilities Management West was  
          selected as winning bidder after offering $100 million for the  
          property.  However, the Fourth District Court of Appeal blocked  
          that sale, citing a flawed bidding process, as well as a lack of  
          approval and oversight from the Legislature.  DGS has not  
          attempted to sell the property since that ruling, and currently  
          has no further plans for selling the property.

          According to the Department of Food and Agriculture, the Orange  
          County Fair operates with a surplus and attracts over 1.3  
          million visitors annually. 


          Proposed Law:  
            AB 1907 would repeal provisions in existing law that create  
          District 32a, commonly known as the Orange County Fair, and  
          those that authorize DGS to sell all or any portion of the  
          property that composes District 32a, as specified.


          Related  








          AB 1907 (Daly)                                         Page 2 of  
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          Legislation:  AB 4x 22 (Evans), Chap. 20, 2009-10 4th Ex.  
          Session, authorized DGS to sell all or part of the Orange County  
          Fair, among other things related to state property.


          Staff  
          Comments:  This bill would repeal the authority for DGS to sell  
          the Orange County Fairgrounds, thereby removing the potential  
          for future one-time state revenue gains.  While the estimated  
          value of the property in 2009 was $96 million to $180 million,  
          it is safe to assume that the current value could be much  
          higher, considering the original estimate was at the depths of  
          the recession.  Staff notes, however, that the City of Costa  
          Mesa has consistently opposed the sale, and indicated that they  
          would not entitle the property for development or reuse for any  
          purpose other than as a fairgrounds, which accounts for dampened  
          buyer interest and low bids in the initial sale attempts.   
          Furthermore, Costa Mesa voters passed an ordinance that requires  
          voter approval for any change to the use of the property.  It  
          appears highly unlikely that DGS would consider advertising the  
          property for sale in the near future, and highly unlikely it  
          would sell for a fair price if it were offered for sale,  
          considering local opposition to changing the allowable use of  
          the property (thereby depressing development interest), and a  
          lack of interest among DGS and the current Administration in  
          selling the property. 


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