BILL NUMBER: AB 240	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 10, 2009

   An act to amend Sections 2 and 3 of Chapter 188 of the Statutes of
1999, relating to conveyances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 240, as introduced, Monning.  Conveyances: DeLaveaga Park.
   Existing law requires all real property within the DeLaveaga Park
Property owned by the state, other than that portion leased to the
City of Santa Cruz, to be used for a National Guard camp of
instruction and, if that use is determined by the Adjutant General to
be no longer necessary for that purpose, requires the Department of
General Services to reconvey the real property to the city, to be
used in perpetuity for public recreational purposes. The department
is also directed to convey to the city its fee interest in that
portion of the DeLaveaga Park Property leased to the city to be used
as a municipally owned public golf course, if the city simultaneously
conveys in fee to the state the portion of the property that is
leased to the state.
   This bill would describe the portion of real property within the
DeLaveaga Park Property leased to the City of Santa Cruz as
comprising approximately 40 acres to be referred to as "the armory
site," and make various conforming changes.
   The bill would delete the provisions requiring the Department of
General Services to reconvey the real property to the city if the
Adjutant General determines the property to be no longer necessary
for the purpose of a camp of instruction for the National Guard, and
would instead authorize the department, in that instance, to sell,
lease, exchange, or otherwise convey the armory site subject to the
condition that the property be used in perpetuity for public
recreational purposes. It would specify that the City of Santa Cruz
would have the first right to acquire in fee or by leasehold all or
part of the armory site before the department offers it to a 3rd
party for sale, lease, exchange, or other conveyance subject to the
condition that the real property be used in perpetuity for public
recreational purposes. It would specify that nothing in these
provisions would be construed to preclude the continued use of the
armory building for the provision of services to homeless persons.
   The bill would also delete the provisions requiring the city to
simultaneously convey in fee to the state the portion of the
DeLaveaga Park Property that is leased to the state, and instead
require the city to simultaneously quitclaim any interest it has in
the armory site, as a condition for the department conveying its fee
interest in the portion of the park property leased to the city to be
used as a municipally owned public recreational area. It would
authorize, rather than direct, the department to convey its fee
interest in this regard.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2 of Chapter 188 of the Statutes of 1999 is
amended to read:
  Sec. 2.  (a) All real property within the DeLaveaga Park Property
owned in fee by the State of California, other than that portion
currently leased to the City of Santa Cruz, shall be used by the
state exclusively for a camp of instruction for the National Guard.
 The real property used by the state for a camp of instruction,
comprising approximately 40 acres, shall be referred to as the armory
site for purposes of this section.  If, however, the Adjutant
General determines that the  real property  
armory site  , within the foreseeable future, will no longer be
necessary for a National Guard camp of instruction and notifies the
Department of General Services of that determination, the Department
of General Services  shall, within 180 days of that
notification, convey the real property in fee to the city, subject
only to the condition that the real property be used by the city in
perpetuity for public recreational purposes, and for no other
compensation or consideration   may sell, lease,
exchange, or otherwise convey the armory site, subject to the
condition that the real property be used in perpetuity for public
recreational purposes  . 
   (b) (1) Notwithstanding any other provision of law, the City of
Santa Cruz shall have the first right to acquire in fee or by
leasehold, all or part of the armory site, prior to the Department of
General Services selling, leasing, exchanging, or otherwise
conveying the armory site to a third party pursuant to subdivision
(a).  
   (2) Any lease, exchange, or other conveyance of the armory site to
the City of Santa Cruz pursuant to this subdivision shall be subject
to the condition that the real property be used in perpetuity for
public recreational purposes. However, nothing in this section shall
be construed to preclude the continued use of the armory building for
the provision of services, including, but not limited to, shelter
services, to homeless persons.  
   (3) If the City of Santa Cruz does not acquire the entire armory
site pursuant to this subdivision, the Department of General Services
may sell, lease, exchange, or otherwise convey any remaining portion
of the armory site pursuant to subdivision (a).  
   (b) 
    (c)  Notwithstanding any other provision of law that
limits reversionary rights to real property, including, but not
necessarily limited to, Chapter 5 (commencing with Section 885.010)
of Title 5 of Part 2 of Division 2 of the Civil Code, title to the
 property   armory site  described in
subdivision (a) shall revert to the possession, control, and
ownership of the state if any of the conditions for the use of
 that real property   the armory site  are
violated. If the  property is conveyed to the City of Santa
Cruz   armory site is sold, leased, exchanged, or
otherwise conveyed  , any conditions for the use of 
that property   the armory site  prescribed in
subdivision (a) shall be incorporated in the instrument conveying the
property  to the City of Santa Cruz  .
  SEC. 2.  Section 3 of Chapter 188 of the Statutes of 1999 is
amended to read:
  Sec. 3.  (a) The Department of General Services  is hereby
directed, within 180 days of the effective date of this act, to
  may  convey to the City of Santa Cruz  ,
in accordance with the June 27, 1967, Lease Exchange Agreement
between the state and the City of Santa Cruz,  its fee
interest in that portion of the DeLaveaga Park Property that the
state is currently leasing to the city, comprising approximately 83
acres, and  which   that  the city is
currently using as part of the DeLaveaga Golf Course, if  ,
in accordance with that agreement,  the city simultaneously
 conveys in fee to the State of California that portion of
the DeLaveaga Park Property that the city is currently leasing to the
State of California pursuant to the lease exchange agreement,
comprising approximately 98 acres of the "upper portion" of the
DeLaveaga Park Property, to be used by the state for public
recreational purposes   quitclaims any interest it has
in the armory site described in subdivision (a) of Section 2 of this
act  . The state's conveyance to the city shall be conditioned
upon the real property being used as a municipally owned public golf
course for as long as the city determines and thereafter used, in
perpetuity, as a municipally owned public recreational area.
   (b) Notwithstanding any other provision of law that limits
reversionary rights to real property, including, but not necessarily
limited to, Chapter 5 (commencing with Section 885.010) of Title 5 of
Part 2 of Division 2 of the Civil Code, title to the property
described in subdivision (a) shall revert to the possession, control,
and ownership of the state if any of the conditions for the use of
that real property are violated. If the property is conveyed to the
City of Santa Cruz, any conditions for the use of that property
prescribed in subdivision (a) shall be incorporated in the instrument
conveying the property to the City of Santa Cruz.