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 of begin deletea end deletebegin insertan initial end insertmonthly rate of twenty-two
19cents ($0.22) per squarebegin delete foot.end deletebegin insert foot of the museum facility.end insert
20(c) The operation of the museum facility described in
21subdivision (a) shall include, but is not limited to, museums,
22
conference rooms, classrooms, exhibits, workshops for artifact
23preservation and repair, secure storage, parking, a gift shop, and
24a cafeteria, snack bar, or dining area.
25(d) The Department of General Services shall lease the property
26described in subdivision (a) in “as is” condition. The lease shall
27provide that the lessee shall be fully responsible for the
28maintenance and operation of the memorial and museum facility
29in a manner that does not conflict with the operation of adjacent
30correctional facilities or become a public nuisance to the
31community. The state shall not have any liability for any
32improvement, construction, operation, or maintenance of the
33memorial or museum facilities.
34(e) The lease shall require the lessee to initiate construction of
35the memorial and
museum facility within 48 months of the
36beginning of the lease term and have substantially completed
37construction within 72 months of the beginning of the lease term.
38The Department of General Services, with the approval of the
P3 1Department of Corrections and Rehabilitation, shall provide any
2utility easements required by a public utility for construction of
3the memorial and museum facility by the lessee under terms and
4conditions in the best interest of the state. Utilities connections
5constructed by the lessee to the memorial and museum facility
6shall be separate from existing utilities used by the state and
7installed at the expense of the lessee.
8(f) The lease shall require that if at any time during the term of
9the lease the lessee determines that the property is no longer needed
10for a memorial or museum facility or if the Department of
General
11Services determines that the lessee substantially abandoned the
12leased property, the leased property and all improvements to the
13leased property shall revert to the state. The lease shall provide
14that, at the sole discretion of the Department of General Services,
15the lessee shall demolish and remove all improvements and restore
16the premises to the preleased condition at the lessee’s expense,
17and if the lessee fails to restore the leased property as directed by
18the Department of General Services, the state may do so and all
19costs of the demolition and restoration shall be paid by lessee.
20(g) The construction and operation of the memorial and museum
21facility pursuant to the lease authorized by this section are solely
22the responsibility of the lessee and shall not be considered public
23works.
24(h) The lease shall require the lessee to pay all administrative
25costs incurred by the Department of General Services associated
26with the development and management of the lease and any
27required easements.
28(i) The lease authorized by this section shall be subject to
29periodic review every five years by the director who shall receive
30a report from the lessee and shall review that report to determine
31whether the purposes of the lease are being carried out.
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