BILL NUMBER: SB 1770 CHAPTERED
BILL TEXT
CHAPTER 193
FILED WITH SECRETARY OF STATE JULY 22, 1996
APPROVED BY GOVERNOR JULY 20, 1996
PASSED THE SENATE JULY 8, 1996
PASSED THE ASSEMBLY JULY 7, 1996
AMENDED IN ASSEMBLY JULY 7, 1996
INTRODUCED BY Senator Johnston
(Coauthor: Assembly Member Woods)
FEBRUARY 22, 1996
An act to repeal and add Section 11011.21 of the Government Code,
and to amend Section 1 of Chapter 648 of the Statutes of 1992,
relating to state property, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1770, Johnston. State-owned property.
Existing law sets forth the duties of the Department of General
Services in acquiring, developing, and disposing of state property.
Existing law requires the department to prepare a list, to be known
as the Surplus Property Inventory, of state-owned real property that
is or will be unused or underutilized by the landholding agency both
at present and in the foreseeable future as well as other specified
surplus property, and to annually sell, lease, or exchange not less
than 10% of properties identified in the inventory.
This bill would repeal this provision. It would require state
agencies, when purchasing real property, to review the Surplus
Property Inventory and purchase, lease, or trade property on that
list, if possible, prior to purchasing property not on that list.
This bill would require the department to undertake and complete,
by July 1, 1997, an environmental impact report governing the
development of state offices and associated facilities on priority
state-owned sites in the Capitol area, specifically facilities on
specified blocks.
This bill would require the department to undertake and complete a
comprehensive facilities plan for the consolidation of the
Sacramento headquarters of specified state agencies as anchor tenants
on specified blocks of the Capitol area, based on specified factors.
It would require the department to submit the plan to the
Legislature no later than July 1, 1997.
This bill would require the department to prepare a comprehensive
regional plan for the acquisition of state office space within the
Sacramento region that includes specified state agencies as anchor
tenants in space that consolidates, to the extent feasible, those
agencies' operations currently located within separate facilities.
It would require the plan to establish priorities to develop and
construct, or otherwise acquire, state building projects within the
next 20 years, including identification of specified considerations.
It would require the department to submit the plan to the
Legislature on or before July 1, 1997.
This bill would additionally authorize the department to sell,
lease, exchange, or transfer specified state properties, subject to
certain conditions.
This bill would declare that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) Pursuant to Section 8160 of the Government Code,
the Legislature hereby reaffirms that the Capitol Area Plan approved
by the Director of General Services on March 15, 1977, is the
official master plan for state development activities in the
Sacramento central city area. It is the intent of the Legislature in
adopting these provisions to request the Department of General
Services to undertake specific planning activities that are directly
related to the implementation of the Capitol Area Plan and other
development planning, activities authorized by Section 8163 of the
Government Code.
(b) It is the further intent of the Legislature to reaffirm the
objectives of Senate Concurrent Resolution No. 39 of the 1991-1992
Regular Session (Resolution Chapter 131, Statutes of 1991), which
were stated as follows:
(1) To relocate state agencies into state-owned office space where
feasible.
(2) To consolidate within the Capitol area, as defined in
subdivision (g) of Section 8160.1 of the Government Code, and
adjacent areas, consistent with the Capitol Area Plan.
(c) The Legislature finds and declares, however, that the specific
space requirements identified in the 1992 Strategic Facilities Plan
should be updated in light of changing agency program needs, the
general streamlining of government, and the emergence of technology
and space planning solutions since the 1992 space requirements were
developed.
(d) It is the further intent of the Legislature to endorse the
principal findings of the Urban Land Institute, which were stated as
follows:
(1) The state should have immediate priority to further develop
the land it already owns east and south of Capitol Park to ensure
that the Capitol is not left on the fringe of downtown Sacramento.
(2) The Sacramento central business district should receive the
second priority.
(3) State offices should be located outside of these areas in
cases where agencies' programs are inappropriate for downtown and
there is little need for contact with other agencies.
(4) The state should separate site selection decisions from design
and construction decisions.
(e) It is the further intent of the Legislature that location and
design of new office space in the Sacramento region be consistent
with sound business planning for state agencies. Specifically, these
decisions should support the efficient delivery of services to the
public, provide for economical use of available space, make optimal
use of telecommuting and other technologies where appropriate, and
encourage the consolidated use of common facilities, such as
auditoriums and hearing rooms.
SEC. 2. The Department of General Services shall undertake and
complete, no later than July 1, 1997, an environmental impact report
governing the development of state offices and associated facilities
on priority state-owned sites in the Capitol area, as defined in
subdivision (d) of Section 8160.1 of the Government Code.
Specifically, the report shall govern the development of state office
facilities on blocks 153, 171, 172, 173, 174, 203, 204, 210, 225,
263, and 275.
SEC. 3. The Department of General Services shall undertake and
complete a comprehensive facilities plan for the consolidation of the
Sacramento headquarters for the State Department of Health Services,
the State Department of Education, and the Department of General
Services as anchor tenants on blocks 171, 172, 173, 174, and 225, as
the first phase of consolidation projects in the Capitol area, as
defined in subdivision (d) of Section 8160.1 of the Government Code.
This plan shall be based on analyses of program and service
requirements and economic feasibility. Based on these
considerations, the plans shall consider alternatives and make
recommendations for project location, scope, and schedule. This plan
shall be submitted to the Joint Legislative Budget Committee no
later than July 1, 1997.
SEC. 4. (a) The Department of General Services shall prepare a
comprehensive regional plan for the acquisition of state office space
within the Sacramento region that includes as anchor tenants those
state agencies identified in the 1992 Strategic Facilities Plan
prepared in response to Resolution Chapter 131 of the Statutes of
1991, in space that consolidates, to the extent feasible, those
agencies' operations currently located within separate facilities.
The comprehensive regional plan shall establish priorities to develop
and construct, or otherwise acquire, state office facilities within
the next 20 years. The plan shall identify all of the following:
(1) For each state agency identified in the 1992 Strategic
Facilities Plan that continues to need consolidated office space in
the Sacramento region:
(A) The current staff levels of the agency and any extraordinary
potential changes in the staffing of the agency during the next 20
years that are currently anticipated.
(B) The programmatic and economic basis to consolidate existing
agencies into fewer facilities.
(C) The programmatic need for the agency to be located in downtown
Sacramento or elsewhere in the Sacramento region, including a
specific rationale for the preferred general location.
(D) If the state agency currently occupies state-owned space, the
disposal of that space after the agency relocates to the new
facility.
(2) For each facility that would be constructed or otherwise
acquired to accommodate the identified agencies:
(A) Which state agencies identified in the 1992 Strategic
Facilities Plan would be expected to occupy the facility.
(B) The projected size and cost of the facility.
(C) The projected fiscal year in which to begin construction or to
acquire the facility.
(D) The relative advantages of leasing versus owning the facility.
(E) Whether the facility ought to be acquired by lease with an
option to purchase, by design-build, or by using traditional
procedures to design, bid, and construct the facility.
(b) In preparing the comprehensive regional plan, the department
shall consult with affected local agencies, and consider the housing
needs of the local community and the use of joint powers agreements.
(c) The department shall submit its comprehensive regional plan to
the chairs of the fiscal committees of the Legislature and the Chair
of the Joint Legislative Budget Committee on or before July 1, 1997.
SEC. 5. Section 11011.21 of the Government Code is repealed.
SEC. 6. Section 11011.21 is added to the Government Code, to read:
11011.21. (a) The Legislature finds and declares that the
Department of General Services has, pursuant to former Section
11011.21, as added by Section 8 of Chapter 150 of the Statutes of
1994, and amended by Section 15 of Chapter 422 of the Statutes of
1994, developed an inventory, known as the Surplus Property
Inventory, of state-owned properties that are either surplus to the
needs of the state in their entirety or are being used for a state
program and some portions of the property are unused or
underutilized.
(b) State agencies, when purchasing real property, shall review
the Surplus Property Inventory and purchase, lease, or trade property
on that list, if possible, prior to purchasing property not on the
Surplus Property Inventory.
(c) The Department of General Services may sell, lease, exchange,
or transfer for current market value, or upon terms and conditions as
the Director of General Services determines are in the best interest
of the state, all or part of properties as follows:
Parcel 1. Approximately 292 acres with improvements thereon,
known as the Agnews Developmental Center-West Campus, bounded by Lick
Mill Blvd., Montague Expressway, Lafayette Street and Hope Drive, in
Santa Clara, Santa Clara County.
Parcel 2. Approximately 56 acres known as a portion of the Agnews
Developmental Center-East Campus, located between the Agnews
Developmental Center and Coyote Creek, in San Jose, Santa Clara
County.
Parcel 3. Approximately 102 acres with improvements thereon,
known as the Stockton Developmental Center, located at 510 E.
Magnolia Street, in Stockton, San Joaquin County.
Parcel 4. Approximately 12.72 acres with improvements thereon,
formerly used as a Department of Forestry and Fire Protection
facility, known as Bolinger Canyon Pest Management Facility, located
off Highway 680 at 18112-18114 Bolinger Canyon Road, in San Ramon,
Contra Costa County.
Parcel 5. Approximately one acre with improvements thereon, known
as the California Department of Forestry and Fire Protection,
Cottonwood Pass Forest Fire Station, located three miles west of
Highway 33 on the south side of Highway 41, in Kings County.
Parcel 6. Approximately 33.56 acres with improvements thereon,
known as the California Highway Patrol Motor Transport Facility and
Shop, located at 2800 Meadowview Road, in Sacramento, Sacramento
County.
Parcel 7. Approximately 1.03 acres of land, not including
improvements thereon, located at 1614 O Street, in Sacramento,
Sacramento County, and leased by the Department of General Services
to the Capital Area Development Authority for development of the 17th
Street Commons condominiums.
Parcel 8. Approximately 2 acres of land, not including
improvements thereon, located on a portion of block 273 bound by
10th, 11th, P, and Q Streets, in Sacramento, Sacramento County, and
leased by the Department of General Services to the Capital Area
Development Authority for development of the Somerset Parkside
condominiums.
Parcel 9. Approximately 1.76 acres of land, not including
improvements thereon, located on the south 1/2 of block bound by
15th, 16th, O, and P Streets and the south 1/4 of block bound by
14th, 15th, O, and P Streets, in Sacramento, Sacramento County, and
leased by the Department of General Services to the Capital Area
Development Authority for development of the Stanford Park
condominiums.
Parcel 10. Approximately 1.18 acres of land, not including
improvements thereon, located on the north 1/2 of block bound by 9th,
10th, Q, and R Streets, in Sacramento, Sacramento County, and leased
by the Department of General Services to the Capital Area
Development Authority for development of the Saratoga Townhomes.
Parcel 11. Approximately 3.66 acres including improvements
thereon, known as the Department of General Services, Junipero Serra
State Office Building, located at 107 S. Broadway, in Los Angeles,
Los Angeles County.
Parcel 12. Approximately 32 acres including improvements thereon,
being a portion of the State Department of Developmental Services
Fairview Developmental Center, located at 2501 Harbor Blvd., in Costa
Mesa, Orange County.
Parcel 13. Approximately 3.6 acres, with improvements thereon.
Entire structure used as the Delano Armory by the Military
Department, located at 705 South Lexington Street, in Delano, Kern
County.
Parcel 14. Approximately 5 acres of vacant land, being a portion
of the Military Department's San Diego Armory, located at 7401 Mesa
College Drive, in San Diego, San Diego County.
Parcel 15. Approximately 23 acres of vacant land fronting the
highway, being a portion of the State Department of Mental Health's
Napa State Hospital, located at 2100 Napa Vallejo Highway, in Napa,
Napa County, which shall only be available for lease.
Parcel 16. Approximately 1,720 acres of agricultural land, being
a portion of the Department of Corrections' Imperial South Centinella
Prison, located at 2302 Brown Road, in Imperial, Imperial County,
which shall only be available for lease.
Parcel 17. Approximately 800 acres of agricultural land, being a
portion of the Department of Corrections' Imperial North Calipatria
Prison, located at 7018 Blair Road, in Calipatria, Imperial County,
which shall only be available for lease.
(d) The Director of General Services, after further study and with
the consent of the agency in control and possession of the property,
may sell, lease, exchange, or transfer for current market value,
upon terms and conditions as the director determines are in the best
interest of the state, portions of properties as follows:
Parcel 1. Excess acreage of the Department of Forestry and Fire
Protection, known as the Alder Conservation Camp, located at 1400
Alder Camp Road, in Klamath, Del Norte County, near Highway 101 and
Highway 169. Specific parcels available for disposition to be
determined through a study by the Department of General Services and
the Department of Forestry and Fire Protection.
Parcel 2. Excess acreage of the Department of Forestry and Fire
Protection, known as the Deadwood Conservation Camp, located at 17140
McAdams Creek Road, in Fort Jones, Siskiyou County, north of Fort
Jones off Highway 3. Specific parcels available for disposition to
be determined through a study by the Department of General Services
and the Department of Forestry and Fire Protection.
Parcel 3. Excess acreage of the Department of Forestry and Fire
Protection, known as the Eel River Conservation Camp, located in
Redway, Humboldt County, north of Garberville off Highway 101.
Specific parcels available for disposition to be determined through a
study by the Department of General Services and the Department of
Forestry and Fire Protection.
Parcel 4. Excess acreage of the Department of Forestry and Fire
Protection, known as the Fawn Lodge Forest Fire Station, located on
Fawn Lodge Road off Highway 299, in Weaverville, Trinity County.
Specific parcels available for disposition to be determined through a
study by the Department of General Services and the Department of
Forestry and Fire Protection.
Parcel 5. Excess acreage of the Department of Forestry and Fire
Protection, known as the Miramonte Conservation Camp, located at
49039 Orchard Drive, in Miramonte, Fresno County. Specific parcels
available for disposition to be determined through a study by the
Department of General Services and the Department of Forestry and
Fire Protection.
Parcel 6. Excess acreage with improvements thereon, of the
Department of Forestry and Fire Protection's Mt. Zion Lookout,
located at the end of Mount Zion Road, in Pine Grove, Amador County.
Specific parcels available for disposition to be determined through
a study by the Department of General Services and the Department of
Forestry and Fire Protection.
Parcel 7. Excess acreage of the Department of Forestry and Fire
Protection, known as the Shingletown Forest Fire Station, located off
Highway 44, in Shingletown, Shasta County. Specific parcels
available for disposition to be determined through a study by the
Department of General Services and the Department of Forestry and
Fire Protection.
Parcel 8. Excess acreage of Department of Forestry and Fire
Protection, known as the Tularcitos Forest Fire Station, located on
Cachagua Road off Valley Road, in Carmel, Monterey County. Specific
parcels available for disposition to be determined through a study by
the Department of General Services and the Department of Forestry
and Fire Protection.
Parcel 9. Excess acreage of Department of Forestry and Fire
Protection, known as the Wolf Creek Forest Fire Station, located at
10106 Combie Road, in Higgins Corners, Nevada County. Specific
parcels available for disposition to be determined through a study by
the Department of General Services and the Department of Forestry
and Fire Protection.
Parcel 10. Excess acreage with improvements thereon, of the State
Department of Mental Health's Metropolitan State Hospital, located
at 11400 South Norwalk Blvd., in Norwalk, Los Angeles County.
Specific parcels available for disposition to be determined through a
study by the Department of General Services and the Department of
Mental Health.
Parcel 11. Excess acreage of the Military Department's Camp San
Luis Obispo, located on Highway 101 north of San Luis Obispo, in San
Luis Obispo County. Specific parcels available for disposition to be
determined through a study by the Department of General Services and
the Military Department.
Parcel 12. Vacant land of the Military Department's Camp
Escondido Armory located at 304 East Park Avenue, in Escondido, San
Diego County. Specific parcels available for disposition to be
determined through a study by the Department of General Services and
the Military Department.
Parcel 13. Excess acreage of the Military Department's Hollister
Armory, located at 2302 San Felipe Road, in Hollister, San Benito
County. Specific parcels available for disposition to be determined
through a study by the Department of General Services and the
Military Department.
Parcel 14. Excess acreage of the Military Department's Merced
Armory, located at 1240 West 8th Street, in Merced, Merced County.
Specific parcels available for disposition to be determined through a
study by the Department of General Services and the Military
Department.
Parcel 15. Excess acreage of the Military Department's Salinas
Armory, located at Howard and Lincoln Streets, in Salinas, Monterey
County. Specific parcels available for disposition to be determined
through a study by the Department of General Services and the
Military Department.
Parcel 16. Excess acreage of the Military Department's Visalia
Armory, located at 1100 North Akers Road, in Visalia, Tulare County.
Specific parcels available for disposition to be determined through
a study by the Department of General Services and the Military
Department.
Parcel 17. Excess acreage of the Military Department's Willows
Armory, located at 950 West Laurel Street, in Willows, Glenn County.
Specific parcels available for disposition to be determined through
a study by the Department of General Services and the Military
Department.
(e) The Department of General Services shall be reimbursed for any
cost or expense incurred in the disposition of any parcels.
(f) Notices of every public auction or bid opening shall be posted
on the property to be sold pursuant to this section, and shall be
published in a newspaper of general circulation published in the
county in which the real property to be sold is situated.
(g) Any sale, exchange, lease, or transfer of a parcel described
in this section is exempt from Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code.
(h) As to any property sold pursuant to this section consisting of
15 acres or less, the Director of General Services shall except and
reserve to the state all mineral deposits possessed by the state, as
defined in Section 6407 of the Public Resources Code, below a depth
of 500 feet, without surface rights of entry. As to property sold
pursuant to this section consisting of more than 15 acres, the
director shall except and reserve to the state all mineral deposits,
as defined in Section 6407 of the Public Resources Code, together
with the right to prospect for, mine, and remove the deposits. The
rights to prospect for, mine, and remove the deposits shall be
limited to those areas of the property conveyed that the director,
after consultation with the State Lands Commission, determines to be
reasonably necessary for the removal of the deposits.
(i) The net proceeds of any moneys received from the disposition
of any parcels described in this section shall be deposited in the
General Fund.
SEC. 7. (a) The Department of General Services may sell, lease,
exchange, or transfer for current market value, or upon terms and
conditions as the Director of General Services determines are in the
best interests of the state, all or part of a parcel consisting of
approximately 250 acres, being a portion of the State Department of
Developmental Services' Sonoma Developmental Center, located at 15000
Arnold Drive, in Eldridge, Sonoma County.
(b) Subdivision (a) shall become operative only if Senate Bill
1418 of the 1995-96 Regular Session is chaptered and takes effect.
SEC. 8. Section 1 of Chapter 648 of the Statutes of 1992 is
amended to read:
Section 1. The Director of General Services, with the approval of
the State Public Works Board, may sell, exchange, convey, or lease
for current market value or for any lesser consideration authorized
by law and upon those terms and conditions and subject to those
reservations and exceptions as the Director of General Services
determines are in the best interest of the state, all or any part of
the following real property:
Parcel 1. Approximately 415 acres of land being portions of
Sections 19, 28, 29, and 30 of Township 7 North, Range 4 West, Mount
Diablo Base and Meridian, in the vicinity of the Rector Reservoir,
Napa County, which may only be sold, exchanged, conveyed, or leased
to a governmental entity or a nonprofit organization exclusively for
open-space or conservation purposes.
Parcel 2. A strip of land approximately 8 feet wide and 411.9 feet
long bordering Ramona Ave, in the City of Sacramento, County of
Sacramento.
Parcel 3. Approximately 1.42 acres, with a structure used as a
field office by the California Highway Patrol at 11900 Sutton Way,
Grass Valley, Nevada County.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that the State of California can implement planning
procedures necessary to effectively utilize state property at the
earliest possible time, it is necessary that this act take effect
immediately.