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AB-3061 State highways: property leases.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB3061:v96#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3061


Introduced by Assembly Member Gloria
(Coauthor: Assembly Member Waldron)

February 16, 2018


An act to add Section 104.25 to the Streets and Highways Code, relating to state highways. highways, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 3061, as amended, Gloria. State highways: property leases.
Existing law provides that the Department of Transportation has full possession and control of the state highway system, including associated property. Existing law requires the department, when requested to do so by a city, county, or special district, to lease unoccupied unimproved property that is held for future highway purposes to the city, county, or special district within which the property is located, and requires the lease to be renewable. Existing law authorizes the city, county, or special district to use the leased property first for agricultural and community garden purposes, and 2nd for recreational purposes, and requires the lease amount to be $1 per year for not less than one year. Existing law authorizes the department to lease specified property in the City of San Diego to a city, county, or other political subdivision or another state agency for an emergency shelter, a feeding program, or the establishment of a day care center for children, at a lease amount of $1 per month and payment of an administrative fee not to exceed $500 per year, as specified.
This bill would authorize the department to lease specified additional property in the City of San Diego to a city or county, a political subdivision of a city or county, or another state agency, for purposes of an emergency shelter, feeding program, or day care for children, at a lease amount of $1 per month and an administrative fee not to exceed $500 per year, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 104.25 is added to the Streets and Highways Code, to read:

104.25.
 (a) The department may lease the real property located at 4747 Pacific Highway in the City of San Diego, department parcel number 760-216-19-00, which was acquired for highway purposes and is not excess property, to a city or county, a political subdivision of a city or county, or another state agency, for purposes of an emergency shelter, feeding program, or day care for children.
(b) (1) The lease amount shall be for one dollar ($1) per month.
(2)  The lease amount may be paid in advance of the term covered to reduce the administrative costs associated with the payment of the monthly rental fee.
(3) The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose.

SEC. 2.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the state’s urgent homelessness crisis, alleviate San Diego residents’ chronic need of permanent housing and supportive services, and to lower the overall burden of disease from communicable and mental health diseases at the earliest possible time, it is necessary that this act take effect immediately.