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AB-1057 Armories: sales: San Diego Armory.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
AB1057:v98#DOCUMENT

Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1057


Introduced by Assembly Member Weber

February 16, 2017


An act relating to armories.


LEGISLATIVE COUNSEL'S DIGEST


AB 1057, as amended, Weber. Armories: sales: San Diego Armory.
Existing law authorizes the Director of General Services, with the approval of the Adjutant General, to lease and sell real property held for armory purposes, subject to legislative approval. Existing law establishes the Armory Fund and requires that all proceeds from the sale or lease of armories be deposited into the fund, for use, upon appropriation by the Legislature, for specified purposes related to armories.
This bill would authorize require the Director of General Services, with the approval of the Adjutant General, to sell offer an option to purchase a portion of the Military Department’s San Diego Armory, as specified, to the San Diego Center for Children, a nonprofit organization. The bill would, if the Department of General Services and the San Diego Center for Children do not agree on terms of a sale prior to June 30, 2018, require the armory to be sold in a public bidding process, as specified. reach and complete an agreement, as specified, authorize the sale of the armory pursuant to the above-referenced procedures.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) (1)Notwithstanding any other law and pursuant to Section 435 of the Military and Veterans Code, the Director of General Services, with the approval of the Adjutant General, may sell shall grant to the San Diego Center for Children, a nonprofit organization, an option to purchase approximately three acres located in the southwest corner of Assessor Parcel Number 427-020-07 in San Diego County, California, being a portion of the Military Department’s San Diego Armory, located at 7401 Mesa College Drive in San Diego, to the San Diego Center for Children, a nonprofit organization. Diego.

(2)

(b) Any purchase agreement pursuant to this subdivision (a) shall include terms and conditions determined by the Director of General Services to be in the best interest of the state based on the fair market value of the property as determined by an appraisal undertaken and approved by the Department Director of General Services. The agreement shall be executed by the organization within 60 days after the Director of General Services determines the organization is to receive the property. The sale of the property to the organization pursuant to this section shall be completed, and title transferred, within 60 days of the date the Department of General Services executes the sales agreement, or, if required by law, no later than 60 days after the State Public Works Board has authorized the sale.

(b)

(c) As to a property sold pursuant to this section, the Director of General Services shall except and reserve to the state all mineral deposits, as described in Section 6407 of the Public Resources Code, together with the right to prospect for, mine, and remove the deposits. If, however, the Director of General Services determines that there is little or no potential for mineral deposits, the reservation may be without surface right of entry above a depth of 500 feet, or the rights to prospect for, mine, and remove the deposits shall be limited to those areas of the armory conveyed that the director determines to be reasonably necessary for the removal of the deposits.
(d) If an agreement is not reached as provided in subdivision (a) or completed pursuant to the timeframes in subdivision (b), the Director of General Services, with the approval of the Adjutant General, may sell the property pursuant to Section 435 of the Military and Veterans Code.

(c)The Department of General Services, with the approval of the Adjutant General, shall post a notice of the proposed sale of the armory pursuant to subdivision (a) in a conspicuous place on its Internet Web site.

(d)If the Department of General Services and the San Diego Center for Children do not agree on terms of a sale pursuant to subdivision (a) prior to June 30, 2018, the sale of the property shall be pursuant to Section 435 of the Military and Veterans Code, and the Director of General Services shall apply a public bidding process designed to obtain the highest and most certain return for the state from a responsible bidder, and any transaction based on such a bidding process shall be deemed to be the fair market value.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the specific location of the armory property in the County of San Diego.