BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1515|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1515
Author: Torres (D)
Amended: 8/24/12 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 13-0, 6/26/12
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Padilla, Walters,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 77-0, 5/30/12 - See last page for vote
SUBJECT : State property: conveyance: City of Pomona
SOURCE : City of Pomona
DIGEST : This bill authorizes the City of Pomona to
convey to the Consolidated Fire Protection District of the
County of Los Angeles (CFPD) a portion of former state
surplus property, as specified.
Senate Floor Amendments of 8/24/12 authorize the Director
of the Department of General Services (DGS) to take any
action necessary to ensure that the transfer of that
portion of a specified parcel of property in the City of
Pomona not result in the reversion of the property to the
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state. In addition, the amendments provide that a
different portion of the parcel in the City of Pomona may
revert to the state if the city ceases to use that portion
of the property for a fire station.
ANALYSIS :
Existing law:
1. Authorizes DGS to convey to the City of Pomona certain
property for use as a fire station.
2. Requires that if the City of Pomona ceases to use the
property transferred as a fire station, the property
shall revert to the state.
This bill:
1. Authorizes the City of Pomona to convey to CFPD a
portion of the 6.8 acres of land conveyed to the City of
Pomona by the state in 1973.
2. Authorize the Director of DGS to take any action
necessary to ensure that the transfer of that portion of
the property not result in the reversion of the property
to the state. This bill requires that if the City
ceases to use that portion of the property that is not
conveyed for a fire station, that the portion of the
property shall revert to the state.
Comments
The City of Pomona received 6.8 acres of property (Parcel A
and B) located at 3325 Temple Avenue in Pomona from the
State of California in 1973, through Chapter 68 of the
Statutes of 1973, for construction of facilities to improve
fire protection for the surrounding area and the adjoining
state hospital. Existing law stipulates that in the event
the City of Pomona ceases to use the property for a fire
station, the property shall revert to the state.
In 1979, the City of Pomona completed construction of Fire
Station 187 on Parcel A, which has continued in operation
to provide fire protection services according to state
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requirements. The City of Pomona further invested in the
property and built a Fire Training Facility on Parcel B.
Both facilities were operated by the City of Pomona Fire
Department from 1979 to 1995, at which time the City of
Pomona contracted with CFPD for fire protection and
emergency response services. The City of Pomona retained
ownership of the property. CFPD continues to operate Fire
Station 187 and utilizes the Fire Training Facility for
staff training purposes.
According to the author's office, due to the weakened
economy and its impact on the City of Pomona's general
fund, budget cuts across all City departments have been
implemented. The cost to provide CFPD fire protection and
emergency response services and maintenance of the Fire
Training Facility are critically impacting limited City
resources. The transfer of the Fire Training Facility site
(Parcel B) to CFPD provides the best alternative to
maintain the Fire Training Facility and service response
from Fire Station 187 at its current level. CFPD is
interested in acquiring the training site from Pomona and
continuing its use as one of their primary training sites
for fire response personnel.
The restriction on the property established by existing law
precludes transfer of the Fire Training Facility site by
the City of Pomona to CFPD. This bill releases the deed
restriction and allows the transfer of this site (Parcel B)
to CFPD. Recent amendments taken in the Assembly
Appropriations Committee provide that if any portion of the
6.8 acres conveyed to the City of Pomona is not used for a
fire station, that portion must revert to the state, and
provide that if any portion of the land conveyed to the
CFPD is not used for fire training facilities, that portion
must revert to the state. Amendments also require the
Director of the Department of General Services to approve
the conveyance by the City of Pomona to the CFPD for use as
a fire training facility, upon the terms and conditions
that are in the best interests of the state, as determined
by the Director.
Related Legislation
SB 1392 (Pavley) proposes requiring if a developmental
center is determined to no longer meet the needs of the
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state for directly serving developmentally disabled persons
that the grounds may be made available for lease. The bill
died in the Assembly Appropriations Committee.
SB 1217 (Dutton) proposes reauthorizing DGS to lease a
building at the Patton State Hospital to a private
nonprofit corporation or local government for the purposes
of providing services to elderly persons. The bill is on
the Senate Unfinished Business File.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, estimated
$1.5 million General Fund loss of state property, based on
potential future sale as surplus property, or loss of
annual lease revenue. The estimate of $1.5 million is
preliminary as a formal assessment has not been completed.
Proposition 57, the Economic Recovery Bond Act of 2004,
authorized the sale of $15 billion in long term bonds to
pay off accumulated debt. Pursuant to Proposition 60A
(2004), proceeds from the sale of surplus properties are
deposited in the Deficit Recovery Bond Retirement Sinking
Fund Subaccount and are be used to pay the principal and
interest on Proposition 57 bonds. Once these bonds are
fully repaid, proceeds from surplus property sales would be
deposited in the General Fund. Proposition 60A only
applies to those properties that were purchased with
General Fund revenue or bonds secured by the General Fund.
Proposition 60A does not apply to the sale of surplus
property acquired with special funds.
Revenue from the leasing of state property may be used for
any purpose.
As of April 1, 2012, the balance on the $15 billion of
economic recovery bonds was $6.5 billion. This bill
reduces the state's flexibility in disposing of this
property and potentially reducing this balance.
SUPPORT : (Verified 8/25/12)
City of Pomona (source)
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ASSEMBLY FLOOR : 77-0, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Donnelly, Fletcher, Valadao
DLW:m 8/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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