BILL ANALYSIS
AB 2279
Page 1
ASSEMBLY THIRD READING
AB 2279 (Evans)
As Introduced February 18, 2010
Majority vote
BUSINESS & PROFESSIONS 7-4 APPROPRIATIONS 10-5
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|Fuentes, Ammiano, Coto, |
| |Hill, Ma, | |Davis, Bonnie Lowenthal, |
| |Nava, Ruskin | |Hall, Skinner, Solorio, |
| | | |Torlakson, Hill |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Conway, Niello, |Nays:|Conway, Harkey, Miller, |
| |Smyth | |Nielsen, Norby |
| | | | |
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SUMMARY : Authorizes the Department of General Services (DGS) to
sell or exchange specified property to the County of Napa
(County). Specifically, this bill :
1)Authorizes DGS to sell or exchange at no less than current
fair market value, by January 1, 2015, all or part of
approximately 850 acres of property located at the Napa State
Hospital, 2100 Napa Vallejo Highway, Napa to the County, upon
terms and conditions DGS deems are in the best interest of the
state.
2)States that if the property is not sold or exchanged by
January 1, 2015, it is no longer surplus.
3)Requires the County to retain title to the entire property
sold or exchanged for use as a park or wildlife preserve, or
in the event of the future sale or exchange of that property
by the County, the County shall, by recorded easement,
restrict future uses of the property to those same uses.
4)Requires the net proceeds of any moneys received from the
disposition of the property to be paid into the Deficit
Recovery Bond Retirement Sinking Fund Subaccount. Reimburses
DGS for any cost or expense incurred in the disposition from
these proceeds.
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5)Permits the County to enter into an agreement with a nonprofit
land trust or nonprofit conservation entity for the purpose of
sharing the costs associated with the sale or exchange.
6)Makes legislative findings and declarations.
EXISTING LAW :
1)Authorizes DGS to dispose of surplus state real property by
sale, lease, exchange, a sale combined with an exchange, or
other manner of disposition of property, as authorized by the
Legislature, upon any terms and conditions and subject to any
reservations and exceptions that DGS deems to be in the best
interests of the state.
2)Requires state agencies to annually review proprietary state
lands under its jurisdiction to determine what lands are in
excess of the agency's foreseeable needs and to report such to
DGS. These lands include, but are not limited to:
a) Land not currently being utilized, or currently being
underutilized, for any existing or ongoing program;
b) Land for which the agency has not identified any
specific utilization relative to future needs; and,
c) Land not identified by the agency within its master plan
for facility development.
3)Requires state agencies, when purchasing real property, to
review the Surplus Property Inventory of state properties and
purchase, lease, or trade property on that list, if possible,
prior to purchasing property not on the inventory.
4)Provides that a local agency that expresses interest in
acquiring a parcel of surplus property shall demonstrate, to
the satisfaction of DGS that the real property is to be used
by the local agency for open space, public parks, affordable
housing projects, or development of local government-owned
facilities.
5)Requires that the proceeds from the sale of surplus state
property, with specified exceptions, be used to pay the
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principal and interest on the Economic Recovery Bond Act of
2004, Proposition 60A, adopted by the voters in November 2004.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, based on an almost identical legislative proposal in
2007, DGS estimated the value of the property at about $4
million. Pursuant to Proposition 60A, which was passed by the
voters in November 2004, the proceeds of this sale, less DGS
transaction costs, will be used to pay off the state's Economic
Recovery Bonds. In the event those bonds are already paid off
at the time of sale, the proceeds will go to the General Fund.
COMMENTS : The 850-acre parcel, known as Skyline Park, is
located on the grounds of Napa State Hospital in Napa County and
includes more than 12 miles of hiking, riding and bicycling
trails, a native plant garden, horse arena, archery range and a
"disc" golf course.
Since 1979, Napa County has leased the property from the state
for $100 per year, with the current lease expiring in 2030.
This property was placed on the surplus property list by the
Department of Mental Health (DMH). According to the author's
office, even after the sale, DMH would retain sufficient
property near the present hospital for any foreseeable
expansion.
Napa County has a Transient Occupancy Tax ordinance which sets
aside money to fund county parks, and, thus, has a dedicated
revenue stream to afford this property.
According to the sponsor, the Napa County Board of Supervisors,
"The intent of AB 2279 is to preserve the property as a public
park in perpetuity. The Park is used extensively by hikers,
mountain bikers, and equestrians. Keeping this parcel open to
citizens as a public park for future generations is enormously
important to the Board as well as Napa County citizens."
Analysis Prepared by : Sarah Weaver / B., P. & C. P. / (916)
319-3301 FN:
0004074