BILL NUMBER: SB 178 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 23, 2009
AMENDED IN SENATE MAY 21, 2009
INTRODUCED BY Senator Aanestad
FEBRUARY 17, 2009
An act to add Section 14673.9 to the Government Code, relating to
state property, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 178, as amended, Aanestad. State property: Department of
Forestry and Fire Protection.
Existing law authorizes the Director of General Services to
acquire and convey real property for the state, whenever that
transfer of the real property is authorized or contemplated by law.
This bill would authorize the director to sell, exchange, lease,
as defined, or any combination thereof, all or a portion of the
Cypress Property, approximately 3 acres of real property in the City
of Redding, currently used by the Department of Forestry and Fire
Protection as its Shasta-Trinity Unit Headquarters, that is
specifically declared not to be surplus to the needs of the state.
The bill would require the director to use the proceeds of any sale,
exchange, lease, or combination thereof of all or a portion of the
Cypress Property to acquire or lease the land and facilities
necessary to provide a substitute location for the Shasta-Trinity
Unit Headquarters on or near the Redding Airport to consolidate or
expand the operations of the Shasta-Trinity Unit, thereby making an
appropriation a substitute location and substitute
facilities for the Shasta-Trinity Unit Headquarters, thereby making
an appropriation. The bill would require the state to retain
ownership of the portion of the Cypress Property where the
telecommunications tower and the vault are located. The bill would
prohibit the director from disposing of that portion of the Cypress
Property, unless the director makes a specified determination. The
bill would require the Department of Forestry and Fire Protection to
transfer funds from its support budget to the Department of General
Services for any cost or expense incurred by the Department of
General Services in the disposition of the Cypress Property and in
the relocation, construction, or acquisition of the substitute
location and facilities for the Shasta-Trinity Unit Headquarters. The
bill would authorize the director to enter into one or more agree
ments, contracts, or leases to provide a substitute
location and substitute facilities for the Shasta-Trinity Unit
Headquarters, but would also require the director to provide for
the continuous operation of the state's facilities at the Cypress
Property until relocation is accomplished . The bill would
require the director to initially offer the Cypress Property for
disposition , subject to specified terms and conditions,
to the City of Redding. The bill would authorize the director to
offer the Cypress Property to the public through a competitive
selection process determined by the director to be in the best
interest of the state, if the City of Redding is unable to enter an
agreement for the disposition of the Cypress Property . The
bill would also authorize the director to enter into one or more
agreements or leases for the purpose of providing a substitute
location for the Shasta-Trinity Unit Headquarters on or near the
Redding Airport , consistent with the
requirements of the initial offer and within 120 days after notice
from the Department of General Services . The bill would
provide that any use or redevelopment of the Cypress Property awarded
to a nongovernmental entity not involving the exercise of sovereign
activities of the state or another government agency would be subject
to the zoning and building code regulations of the City of Redding.
The bill would require the Department of General Services to notify
the chairperson of the committee in each house of the Legislature
that considers appropriations and the Chairperson of the Joint
Legislative Budget Committee in writing of the director's intention
to enter into a lease or an agreement not less than the minimum time
that the Chairperson of the Joint Legislative Budget Committee is
authorized to determine in each instance.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14673.9 is added to the Government Code, to
read:
14673.9. (a) The Legislature finds and declares all of the
following:
(1) The state owns approximately three acres of real property
located at 875 Cypress Avenue in the City of Redding, currently used
by the Department of Forestry and Fire Protection as its
Shasta-Trinity Unit Headquarters.
(2) For purposes of this section, the real property described in
paragraph (1) shall be referred to as the "Cypress Property."
(3) The Shasta-Trinity Unit of the department has outgrown the
deteriorating facilities on the Cypress Property.
(4) The department has other operations on and near the
Redding Airport in the area , and relocating,
consolidating, and expanding the operations of the Shasta-Trinity
Unit on or near that single location will
facilitate and improve the efficiency of the department and better
protect the health and safety of the residents of the state.
(5) The Cypress Property may be sold, exchanged, leased, or any
combination thereof and the proceeds may be used to carry out the
intent of the Legislature to consolidate or expand the operations of
the Shasta-Trinity Unit of the Department of Forestry and Fire
Protection to protect the health and safety of the people.
(6) The disposition of the Cypress Property authorized by this
section does not constitute a sale or other disposition of surplus
state property within the meaning of Section 9 of Article III of the
California Constitution or subdivision (g) of Section 11011.
(b) The Director of General Services may sell, exchange, lease, or
any combination thereof, all or a portion of the Cypress Property.
The director shall use the proceeds of any sale, exchange, lease, or
any combination thereof made pursuant to this subdivision to acquire
the land and facilities described in subdivision (g) in
order to consolidate or expand the operations of the Shasta-Trinity
Unit of the Department of Forestry and Fire Protection.
(h).
(c) Notwithstanding subdivision (b), because the
telecommunications tower and vault are critically located on the
Cypress Property for state operations, the state shall retain
ownership of the portion of the Cypress Property where the
telecommunications tower and vault are located, and the Director of
General Services shall not dispose of that portion of the Cypress
Property, as otherwise authorized by subdivision (b), unless the
director determines that the telecommunications tower and vault can
be relocated to another site with equivalent utility as part of the
cost of the relocation authorized pursuant to subdivision (b).
(c)
(d) The director shall initially offer the Cypress
Property for disposition, pursuant to the authorization described in
subdivision (b), to the City of Redding for purposes of a local
government-owned facility, and under terms and conditions that
provide for continuous operation of the state's facilities at the
Cypress Property until relocation is accomplished . If the City
of Redding is unable to enter into an agreement for the disposition
of the Cypress Property within 120 days after notice from the
Department of General Services , the director may offer the
Cypress Property for disposition, as described in subdivision (b), to
the public through a competitive selection process determined by the
director to be in the best interest of the state.
(d)
(e) Any exchange, lease, or sale of properties carried
out pursuant to this section shall be for no less than fair market
value, as determined by an independent appraisal approved by the
Department of General Services or pursuant to a competitive
selection process. Compensation for the Cypress Property may include
land, or a combination of land, improvements, and money.
(e)
(f) The Department of General Services shall be
reimbursed for any reasonable cost or expense for the transactions
described in this section from the proceeds of the sale, lease,
exchange, or combination thereof of the Cypress Property. The
Department of Forestry and Fire Protection shall transfer funds from
its support budget to the Department of General Services for any cost
or expense incurred by the Department of General Services in the
disposition of the Cypress Property and in the relocation,
construction, or acquisition of the substitute location and
facilities identified in subdivision (h).
(f)
(g) For purposes of this section, the Cypress Property
shall not be subject to the provisions of Section 11011.1 or Article
8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division
2 of Title 5.
(g) The director may enter into one or more agreements or leases
for the purpose of providing a substitute location for the
(h) The director may enter into one or
more agreements, contracts, or leases to provide a substitute
location and substitute facilities for the Shasta-Trinity Unit
Headquarters on or near the Redding Airport in order to
consolidate or expand the operations of the Shasta-Trinity Unit of
the Department of Forestry and Fire Protection. ,
but shall provide for the continuous operation of the
state's facilities at the Cypress Property until relocation is
accomplished.
(h)
(i) (1) Any funds received from the sale, exchange,
lease, or combination thereof of all or a portion of the Cypress
Property authorized by this section shall be held in trust and used
only for the acquisition, lease, lease-purchase, lease with option to
purchase, or lease-purchase finance of the land and facilities
identified in subdivision (g) (h) and
are hereby appropriated to the Department of General Services for
expenditure for the purposes of this subdivision.
(2) For purposes of this section, the term "lease" or "leases"
means a lease, or the selection and acquisition of a lease-purchase,
lease-purchase finance, or lease with an option to purchase.
(i)
(j) (1) Notwithstanding Section 14669, if the City of
Redding fails to enter into an agreement for the disposition of the
Cypress Property, the Department of General Services shall advertise
the availability of the Cypress Property and award the sale, lease,
exchange, or any combination thereof, of all or a portion
of the Cypress Property to the proposer offering to provide a
building or buildings that meet the state's requirements if the
director determines that the sale, lease, exchange, or any
combination thereof to be in the best interest of the state. The
director may also lease all or part of the Cypress Property for a
period not to exceed 66 years.
(2) Any use or redevelopment of the Cypress Property awarded to a
nongovernmental entity pursuant to this section and not involving the
exercise of sovereign activities of the state or another government
agency shall be subject to the zoning and building code regulations
of the City of Redding.
(j)
(k) (1) The Department of General Services shall
develop the terms and conditions of any disposition agreement
regarding the Cypress Property, and provide them to the Department of
Finance for review prior to soliciting bids. The Department of
General Services shall obtain approval from the Department of Finance
prior to the execution of any disposition agreement regarding the
Cypress Property.
(2) The Department of General Services shall notify the
chairperson of the committee in each house of the Legislature that
considers appropriations and the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, in writing of the director'
s intention to enter into a lease or an agreement, not less than the
minimum time that the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, may in each instance determine.