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AB-1011 Department of Transportation: transfer of vacant property.(2015-2016)

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Amended  IN  Assembly  April 14, 2015
Amended  IN  Assembly  March 26, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1011

Introduced by Assembly Member O'Donnell

February 26, 2015

An act to add Section 14673.12 118.8 to the Government Streets and Highways Code, relating to state property.


LEGISLATIVE COUNSEL'S DIGEST


AB 1011, as amended, O'Donnell. State property: Los Angeles. Department of Transportation: transfer of vacant property.

Under existing law the Department of General Services has various duties relating to state property.

This bill would require the Department of General Services, with the consent of the Department of Transportation, to relinquish specified property in the City of Los Angeles for use by the City of Los Angeles Department of Parks and Recreation as a park, as specified.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property. Existing law requires the department to offer to sell or exchange certain excess real property that consists of lands of notable environmental value to various public agencies for park purposes prior to disposing of the property.
This bill would require the department to transfer certain vacant real property in the City of Los Angeles to that city for park purposes, subject to various terms and conditions.
This bill would make legislative findings and declarations as to the necessity of a special statute.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 14673.12 is added to the Government Code, to read:
14673.12.

(a)Notwithstanding Section 14670, the Department of General Services shall, upon terms and conditions in the best interest of the state, relinquish vacant real property in Los Angeles geographically bounded by North Gaffey Street on the west, the 110 Freeway South Terminus on the southeast, and the Vincent Thomas Bridge/CA47 S off ramp on the north, to be determined and consented by the Department of Transportation for use by the City of Los Angeles Department of Parks and Recreation as a park. The park shall be operated for the benefit of the general public.

(b)The Department of General Services shall relinquish the property described in subdivision (a) in “as is” condition. The contract shall provide that the City of Los Angeles shall be fully responsible for the maintenance and operation of the property in a manner that does not become a public nuisance to the community. The state shall not have any liability for any improvement, construction, operation, or maintenance of the park or park facilities.

SECTION 1.

 Section 118.8 is added to the Streets and Highways Code, to read:

118.8.
 (a) Notwithstanding any other provision of law, the department, upon terms and conditions that are in the best interest of the state, shall transfer vacant real property geographically bounded by North Gaffey Street on the west, the south terminus of the State Highway Route 110 Freeway on the south and east, and the Vincent Thomas Bridge and State Highway Route 47 south off ramp on the north in the City of Los Angeles to that city for use by its park and recreation department as a park. The park shall be operated for the benefit of the general public.
(b) The department shall transfer the property described in subdivision (a) in “as is” condition. The contract shall provide that the City of Los Angeles shall be fully responsible for the maintenance and operation of the property in a manner that the property does not become a public nuisance. The state shall not have any liability for any improvement, construction, operation, or maintenance of the park or park facilities.

SEC. 2.

 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 circumstances applicable to the relinquishment of vacant land in Los Angeles.