Amended in Senate February 11, 2014

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 146

Introduced by Assembly Member begin delete Gorell end delete begin insert Olsen end insert

January 18, 2013

An act to begin delete add Section 7073.7 to the Government Code, relating to economic development. end delete begin insert amend Section 14631 of the Government Code, relating to the State Capitol, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 146, as amended, begin delete Gorell end delete   begin insert Olsen end insert . begin delete Economic development: enterprise zones: joint application. end delete begin insert State Capitol: location of California American Portuguese Veterans Memorial. end insert

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Existing law prescribes various duties for the Department of General Services in connection with the development and maintenance of the park around the State Capitol Building. Existing law authorizes the American Portuguese Club Incorporated, in consultation with the department and a specifically created committee, to construct and maintain a memorial in the existing All Veterans Memorial to honor California American Portuguese veterans, as specified.

end insert begin insert

This bill would modify provisions relating to the site of the memorial, requiring it to be located within the Veterans Memorial Grove, a specified area adjacent to the All Veterans Memorial.

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This bill would declare that it is to take effect immediately as an urgency statute.

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The Enterprise Zone Act authorizes the designation of certain depressed areas in this state as enterprise zones for purposes of providing specific economic incentives within those areas, upon application by a city, county, or city and county.

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This bill, notwithstanding any other provision of the act, would authorize the City of Oxnard, the City of Port Hueneme, and the Oxnard Harbor District to jointly apply for designation as an enterprise zone, as specified.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the cities of Oxnard and Port Hueneme and the Oxnard Harbor District.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION end insert begin insert 1. end insert   

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begin insert Section 14631 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

14631.  

(a)  begin insert (1) end insert begin insert   end insert The American Portuguese Club Incorporated,
or any successor entity, begin delete may, end delete in consultation with the department,
begin insert may end insert plan and construct a memorial begin delete in the existing All Veterans
Memorial end delete to honor California American Portuguese veterans begin insert , as
provided in this section end insert .

begin insert

(2) The memorial shall be located within the Veterans Memorial
Grove, as identified in Section 16 of Sheet 5, Capitol Park
Topographic Survey by Morrow Surveying Land Surveyors, dated
November 11, 2011, adjacent to the All Veterans Memorial. For
purposes of this section, “All Veterans Memorial” means that area
in Section 16 from the foot of the berm retaining wall due north
to the asphaltic concrete pathways. “Veterans Memorial Grove”
means that undeveloped area in Section 16 from the foot of the
berm retaining wall due south to the N Street sidewalk.

end insert

(b) The California American Portuguese Veterans Memorial
Committee is hereby established and shall include as members all
of the following:

(1) The director, or his or her designee.

(2) The State Historic Preservation Officer, or his or her
designee.

(3) A Member of the Assembly appointed by the Speaker of the
Assembly.

(4) A Member of the Senate appointed by the Senate Committee
on Rules.

(c) The department, in consultation with the American
Portuguese Club Incorporated, shall do all of the following:

(1) Review the preliminary design plans to identify potential
maintenance concerns.

(2) Ensure compliance with the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and with
any other safety concerns.

(3) Review and approve California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code) documents prepared for work at the designated
historic property.

(4) Review final construction documents to ensure that all
requirements are met.

(5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding,
provisions for damage to state property, and inspection
requirements.

(6) Prepare a maintenance agreement outlining the American
Portuguese Club Incorporated’s responsibility for the long-term
maintenance of the memorial due to aging, vandalism, or
relocation.

(7) Inspect the construction performed by the contractor selected
by the California American Portuguese Veterans Memorial
Committee.

(d) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall,
in consultation with the department, establish a schedule for the
design, construction, and dedication of the memorial, begin delete implement
procedures to solicit designs for the memorial and devise a
selection process for the choice of the design, end delete and establish a
program for the dedication of the memorial.

(e) The department, the Department of Veterans Affairs, and
the California American Portuguese Veterans Memorial Committee
shall approve the design of the memorial.

(f) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
not begin construction of the memorial until begin delete the master plan of the
State Capitol Park is approved and adopted by the Joint Committee
on Rules, and end delete the Joint Committee on Rules and the Department
of Finance have determined that sufficient private funding is
available to construct and maintain the memorial.

(g) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to the
American Portuguese Club Incorporated.

(h) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
sign a maintenance agreement with the state, as created under
paragraph (6) of subdivision (d), to maintain the memorial with
private contributions.

(i) As adopted by the Joint Committee on Rules, this memorial
shall be constructed within the begin delete existing boundary of the All
Veterans Memorial. end delete begin insert boundaries of the Veterans Memorial Grove,
as described in paragraph (2) of subdivision (a). end insert

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begin insert SEC. end insert begin insert 2. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to facilitate completion of the California American
Portuguese Veterans Memorial at the earliest possible time prior
to the celebration of Portuguese Heritage Month in June 2014, it
is necessary for this act to take immediate effect.

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SECTION 1.  

The Legislature finds and declares that the
partnerships established between the City of Oxnard, the City of
Port Hueneme, and the Oxnard Harbor District reflect the local
community’s shared goal of alleviating their higher-than-average
unemployment and poverty, and the establishment of an enterprise
zone will create new opportunities for local workers and jump-start
economic growth by promoting new business and jobs. The
Legislature further finds and declares that with an enterprise zone
designation, the partnership between these entities will allow
greater resources and marketing potential to drive local economic
activity.

SEC. 2.  

Section 7073.7 is added to the Government Code, to
read:

7073.7.  

(a) Notwithstanding any other provision of this chapter,
the City of Oxnard, the City of Port Hueneme, and the Oxnard
Harbor District may jointly submit an application to the department
for designation as an enterprise zone.

(b)  Unless otherwise agreed to by the applicants and the
department, the Oxnard City Council shall serve as the governing
body for the enterprise zone designated pursuant to this section.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique collaborative economic
relationship between the City of Oxnard, the City of Port Hueneme
and the Oxnard Harbor District.

end delete