AB 1503, as amended, Beth Gaines. Department of General Services.
Existing law authorizes the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease a parcel of unimproved real property within the grounds of the California State Prison at Folsom for a water reservoir, as specified.
This bill would require the Department of General Services, with the consent of the Department of Corrections and Rehabilitation, to lease vacant real property on the grounds of California State Prison at Folsom to the Old Guard Foundation, Inc. or a similar and related nonprofit entity, for the construction and operation of a peace officers memorial and museum facility. This bill would require that the lease, among other things, not exceed a 50-year term. This bill would provide that the construction and operation of the memorial and museum facility by the lessee pursuant to the lease are solely the responsibility of the lessee.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 14672.54 is added to the Government
2Code, to read:
(a) Notwithstanding Section 14670, the Department
4of General Services shall lease upon terms and conditions in the
5best interest of the state vacant real property on the grounds of
6California State Prison at Folsom to be determined and consented
7to by the Department of Corrections and Rehabilitation for the
8construction and operation of a peace officers memorial and
9museum facility. The lessee shall be the Old Guard Foundation,
10Inc., a nonprofit corporation registered with the Secretary of State,
11or a similar and related nonprofit entity formed specifically for the
12implementation of the construction and operation of a peace
13officers memorial and museum facility at the prison. The peace
14officers memorial and museum facility shall be operated for the
15benefit of the general public and members of the
lessee.
16(b) The Department of General Services shall lease the property
17described in subdivision (a) for a term not to exceed 50 years and
18for the consideration ofbegin delete one dollar ($1) per year and a one-time
19payment of $50 to be paid at the beginning of the lease term. Theend delete
20begin insert a monthly rate of twenty-two cents ($0.22) per square foot.end insert
21begin insert(c)end insertbegin insert end insertbegin insertThe end insertoperation of the museum facilitybegin insert
described in subdivision
22(a)end insert shall include, but is not limited to, museums, conference rooms,
23classrooms, exhibits, workshops for artifact preservation and repair,
24secure storage, parking, a gift shop, and a cafeteria, snack bar, or
25dining area.
26(c)
end delete
27begin insert(d)end insert The Department of General Services shall lease the property
28described in subdivision (a) in “as is” condition. The lease shall
29provide that the lessee shall be fully responsible for the
30maintenance and operation of the memorial and museum facility
31in a manner that does not conflict with the operation of adjacent
32correctional facilities or become a public nuisance to the
33community. The
state shall not have any liability for any
34improvement, construction, operation, or maintenance of the
35memorial or museum facilities.
36(d)
end delete
37begin insert(e)end insert The lease shall require the lessee to initiate construction of
38the memorial and museum facility within 48 months of the
P3 1beginning of the lease term and have substantially completed
2construction within 72 months of the beginning of the lease term.
3The Department of General Services, with the approval of the
4Department of Corrections and Rehabilitation, shall provide any
5utility easements required by a public utility for construction of
6the memorial and museum facility by the lessee under terms and
7conditions in the best interest of the
state. Utilities connections
8constructed by the lessee to the memorial and museum facility
9shall be separate from existing utilities used by the state and
10installed at the expense of the lessee.
11(e)
end delete
12begin insert(f)end insert The lease shall require that if at any time during the term of
13the lease the lessee determines that the property is no longer needed
14for a memorial or museum facility or if the Department of General
15Services determines that the lessee substantially abandoned the
16leased property, the leased property and all improvements to the
17leased property shall revert to the state. The lease shall provide
18that, at the sole discretion of the Department of General Services,
19the lessee shall
demolish and remove all improvements and restore
20the premises to the preleased condition at the lessee’s expense,
21and if the lessee fails to restore the leased property as directed by
22the Department of General Services, the state may do so and all
23costs of the demolition and restoration shall be paid by lessee.
24(f)
end delete
25begin insert(g)end insert The construction and operation of the memorial and museum
26facility pursuant to the lease authorized by this section are solely
27the responsibility of the lessee and shall not be considered public
28works.
29(g)
end delete
30begin insert(h)end insert The lease shall require the lessee to pay all administrative
31costs incurred by the Department of General Services associated
32with the development and management of the lease and any
33required easements.
34(i) The lease authorized by this section shall be subject to
35periodic review every five years by the director who shall receive
36a report from the lessee and shall review that report to determine
37whether the purposes of the lease are being carried out.
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