BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 240
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 240 (Monning)
          As Amended  September 3, 2009
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(April 13,      |SENATE: |40-0 |(September 9,  |
          |           |     |2009)           |        |     |2009)          |
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           Original Committee Reference:    B. & P.  

           SUMMARY  :   Revises the terms of a previously authorized exchange  
          of state-owned surplus real property located in the City of  
          Santa Cruz (City).   

           The Senate amendments  : 

          1)Permit the Adjutant General (AG) to determine whether the  
            entire armory site, or portions thereof, will be necessary for  
            a National Guard instruction camp.

          2)Subject the transfer to current law, except that the City  
            shall have the first right of refusal to acquire all or part  
            of the armory site, as determined by the Department of General  
            Services (DGS).

          3)Add affordable housing or other local government uses to the  
            list of permissible uses for the armory site. 

          4)Require DGS to consult with the AG in executing the transfer  
            of the DeLaveaga Park Property for the armory site. 

          5)Delete the requirement that the state's conveyance to the City  
            be subject to mutually agreed terms among DGS, the Military  
            Department, and the City and instead states that the City  
            shall be subject to terms and conditions that the director of  
            DGS deems is in the best interests of the state, which 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. 

          6)Delete the provision that DGS's transfer occur at no cost to  
            the City, except for processing and title fees.








                                                                  AB 240
                                                                  Page  2


          7)Require that DGS and the AG concur in the terms and conditions  
            of DGS's conveyance to the City.

          8)Make technical and clarifying changes.

           EXISTING LAW  :

          1)Requires DGS to exchange with the City, state-owned property  
            that is currently leased to the City, and which is being used  
            as a portion of the DeLaveaga Golf Course, for City owned  
            property leased to the National Guard for training purposes.

          2)Requires DGS to convey the Armory site to the City if it is  
            deemed to be surplus to the needs of the state and will be  
            used in perpetuity for recreational purposes.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, negligible fiscal impact.  The bill only  
          changes the mechanism of a previously authorized disposition.

           
          Analysis Prepared by  :    Ross Warren / B. & P. / (916) 319-3301 


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