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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 27, 2016 |Policy Vote: G.O. 13 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- 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 ? 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 ? 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. -- END --