BILL NUMBER: AB 240 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE MAY 4, 2009
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 amended, 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 owned by the state and comprised of
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
dispose of the armory site, subject to specified
conditions .
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, subject to mutually agreed upon terms among
the Department of General Services, the Military Department, and the
city, to include that the portion of the park property leased to the
city be used as a municipally owned public recreational area
terms and conditions that the department deems is in
the best interest of the state . It The
bill would authorize, rather than direct, the department to
convey its fee interest in this regard to the
City of Santa Cruz, at no cost except for processing and title fees,
but would require consultation with the Adjutant General .
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, constituting
approximately 122 acres, other than that portion currently
leased to the City of Santa Cruz, constituting approximately 83
acres, shall be used by the state exclusively for a camp of
instruction for the National Guard. The This
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 armory site, or portions thereof,
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 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). site.
(b) (1) The disposal of the armory site shall be pursuant to
Section 11011.1 of the Government Code, except that the City of Santa
Cruz shall have the first right to acquire, before other local
agencies, in fee or by leasehold, as determined by the Department of
General Services, all or part of the armory site.
(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 , affordable housing, or other
local governmental uses . 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).
(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 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
the armory site are violated. If the armory site is sold, leased,
exchanged, or otherwise conveyed, any conditions for the use of the
armory site prescribed in subdivision (a) shall be incorporated in
the instrument conveying the property.
SEC. 2. Section 3 of Chapter 188 of the Statutes of 1999 is
amended to read:
Sec. 3. (a) The Department of General Services,
with the concurrence of the Adjutant General, may convey to the City
of Santa Cruz its fee interest in that portion of the DeLaveaga Park
SEC. 3. (a) The Department of
General Services, in consultation with the Adjutant General, may, at
no cost to the City of Santa Cruz, except for processing and title
fees, convey to the City of Santa Cruz, subject to mutually agreed
upon terms, 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 that the city is currently
using as part of the DeLaveaga Golf Course, if the city
simultaneously 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 subject to mutually agreed
upon terms among the Department of General Services, the Military
Department, and the city, to include that the real property
the city shall be subject to terms and conditions that the
director of the Department of General Services deems is in the best
interests of the state and shall include the requirement that the
real property shall be 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.