Existing law authorizes the Director of General Services to convey to the City of Pomona certain property for use as a fire station and requires that the property revert to the state if the city ceases to use it as a fire station.

This bill would repeal the requirement that the property revert back to the state if the city ceases to use it as a fire station. The bill would authorize, upon approval of the Director of General Services, and in accordance with any terms and conditions agreed upon by the city and the state that the director determines are in the best interest of the state, the City of Pomona to convey a portion of that property to the Consolidated Fire Protection District of the County of Los Angeles. The bill would require the terms and conditions agreed upon by the city and the state to include appropriate consideration for the state. The bill would authorize the director to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of any portion of the property to the state.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pomona.

Existing law authorizes the Director of General Services to convey to the City of Pomona certain property for use as a fire station and requires that the property revert to the state if the city ceases to use it as a fire station.

This bill would repeal the requirement that the property revert back to the state if the city ceases to use it as a fire station. The bill would authorize, upon approval of the Director of General Services, and in accordance with any terms and conditions agreed upon by the city and the state that the director determines are in the best interest of the state, the City of Pomona to convey a portion of that property to the Consolidated Fire Protection District of the County of Los Angeles. The bill would require the terms and conditions agreed upon by the city and the state to include appropriate consideration for the state. The bill would authorize the director to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of any portion of the property to the state.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pomona.

Existing law authorizes the Director of General Services to convey to the City of Pomona certain property for use as a fire station. Existing law station and requires that the property revert to the state if the city ceases to use the property it as a fire station, the property is required to revert to the state. station.

This bill would authorize repeal the requirement that the property revert back to the state if the city ceases to use it as a fire station. The bill would authorize, upon approval of the Director of General Services, and in accordance with any terms and conditions agreed upon by the city and the state that the director determines are in the best interest of the state, the City of Pomona to convey a portion of that property to the Consolidated Fire Protection District of the County of Los Angeles. The bill would require the terms and conditions agreed upon by the city and the state to include appropriate consideration for the state. The bill would authorize the director to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of any portion of the property to the state. The bill would require the portion of land not conveyed to the district to revert to the state if the city ceases to use that portion of the property for a fire station.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pomona.

Existing law authorizes the Director of General Services to convey to the City of Pomona certain property for use as a fire station. Existing law requires that if the city ceases to use the property transferred as a fire station, the property is required to revert to the state.

This bill would authorize the City of Pomona to convey a portion of that property to the Consolidated Fire Protection District of the County of Los Angeles a portion of that property. Angeles. The bill would authorize the director to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state. The bill would require that the portion of land not conveyed to the district to revert to the state if the city ceases to use that portion of the property for a fire station.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pomona.

Existing law authorizes the Director of General Services to convey to the City of Pomona certain property for use as a fire station. Existing law requires that if the city ceases to use the property transferred as a fire station, the property is required to revert to the state.

This bill would authorize the City of Pomona to convey to the Consolidated Fire Protection District of the County of Los Angeles a portion of that property. The bill would authorize the director to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state. The bill would require that the portion of land not conveyed to the district to revert to the state if the city ceases to use that portion of the property for a fire station.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pomona.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 3137

Author:(Rodriguez)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Authorizes the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property.

The Senate amendments:

1. Provide that the conveyance is subject to approval by the Director of the Department of General Services (DGS) and must be in accordance with any terms and conditions agreed upon by the city and the state that the director determines are in the best interest of the state.
2. Require the terms and conditions to include appropriate consideration for the state, which may include, but is not limited to, transfer of a city-owned property or a portion of the sale proceeds.
3. Remove language requiring the portion of the property that is not conveyed to CFPD pursuant to this bill to revert to the state if the City of Pomona ceases to use it for a fire station.
4. Make additional clarifying and conforming changes.
5. Add chaptering provisions to avoid conflicts with SB 848 (Budget and Fiscal Review Committee) of the current legislative session.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Absent this bill, the 6.8 acres conveyed to the City of Pomona would revert to the state if and when the City of Pomona stopped using it for a fire station. The elimination of the reversion clause for the designated parcel of land could lead to a loss to the state of an asset estimated to be worth $1.5 million in 2012. An appraisal would be required to determine the current fair market value.
2. Minor and absorbable costs to DGS to amend the deed.

COMMENTS:

1. Bill Summary. This bill authorizes the City of Pomona to convey to CFPD a portion of formerly state-owned land, upon approval by the Director of DGS and in accordance with any terms and conditions agreed upon by the city and the state that the director determines are in the best interest of the state. The terms and conditions must include appropriate consideration for the state, which may include, but is not limited to, transfer of a city-owned property or a portion of the sale proceeds.

The bill allows the Director DGS to take any action necessary to ensure that the transfer of that portion of the property shall not result in the reversion of any portion of the property to the state. This bill also repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.

This bill is sponsored by the City of Pomona.

1. Author's Statement. According to the author, "The Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset."
2. Background. In 1973, DGS was authorized to convey to the City of Pomona approximately 6.8 acres of property in the City of Pomona for use as a fire station. Existing law specifies that the entire property shall revert to the state if the City of Pomona ceases to use it for a fire station.

The City of Pomona in 1979 completed construction of Fire Station 187, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona further invested in the property and built a Fire Training Center. Both facilities were operated by the City of Pomona Fire Department from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the Fire Training Center for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

1. Previous Legislation. AB 1515 (Torres) of 2012 was identical to this bill. AB 1515 was held in the Senate Rules Committee.
2. Arguments in Support. The City of Pomona, sponsor of this bill, writes, "The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0004957

 THIRD READING  

Bill No: AB 3137

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 77-0, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: City of Pomona

DIGEST:

This bill authorizes the City of Pomona to convey a portion of former state surplus property to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles, as specified.

Senate Floor Amendments of 8/24/18 repeal the requirement in existing law that the property revert back to state if the city ceases to use it as a fire station, and requires the Department of General Services (DGS) to approve the conveyance of the property to CFPD.

ANALYSIS:

Existing law:

1. Authorizes DGS, subject to legislative approval, to sell, lease, exchange, or transfer various specified properties for current market value, or upon such other terms and conditions that DGS determines are in the best interest of the state.
2. Authorizes DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.
3. Defines the 6.8 acres as the property situated on state hospital property immediately north of and adjacent to the state hospital staff residences bounded on the east by San Jose Creek, on the north by Temple Boulevard, and the west by the existing state hospital property line.
4. Provides that if the City of Pomona ceases to use the property transferred pursuant to this act for a fire station, the property shall revert to the state.

This bill:

1. Authorizes the City of Pomona, upon approval of the Director of DGS and in accordance with any terms and conditions agreed upon by the city and state that the director determines are in the best interest of the state, to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Provides that the terms and conditions shall include appropriate consideration for the state, which may include, but is not limited to, transfer of a city-owned property or a portion of the sale proceeds.
3. Provides that the Director of DGS may take any action necessary to ensure that the transfer of that portion of the property shall not result in the reversion of any portion of the property to the state.
4. Requires, if the City of Pomona ceases to use the portion of the property that is not conveyed for a fire station, that portion of the property to revert to the state.
5. Repeals the requirement in existing law that the property revert back to the state if the city ceases to use it as a fire station.
6. Includes findings and declarations pertaining to the need of a special statute and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.

Background

Purpose of the bill. According to the author, “the Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City [of Pomona] would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset.”

The property. In 1973, the state of California conveyed to the City of Pomona 6.8 acres of real property (Parcel A and B), located at 3325 Temple Avenue in Pomona, for construction of facilities to improve fire protection for the surrounding area and the adjoining state hospital. Existing law provides that, in the event the City of Pomona ceases to use the property for a fire station, the property shall revert to the state.

In 1979 the City of Pomona completed construction of Fire Station 187 on Parcel A, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona also built a fire training facility on Parcel B.

The City of Pomona Fire Department operated both the fire station and the fire academy from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the training facility for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

Related/Prior Legislation

AB 1977 (Committee on Accountability and Administrative Review, 2018) authorizes DGS to dispose of the following specified state surplus properties: the Santa Ana State Building in Santa Ana, Orange County; the California Highway Patrol (CHP) area office in Crescent City, Del Norte County; the CHP area office in Truckee, Nevada County; the CHP area office in San Diego, San Diego County. (Pending on the Governor’s Desk)

AB 3251 (Committee on Veterans Affairs, 2018) authorizes DGS to sell the Hanford, Placerville, Redwood City, Reedley, Susanville, and Sylmar armories, as well as a six-acre parcel of land in San Jose. (Pending on the Senate Floor)

AB 1515 (Torres, 2012) would have authorized the City of Pomona to convey to the CFPD of the County of Los Angeles a portion of former state surplus property, as specified. (Held in the Senate Rules Committee)

AB 151 (Lancaster, Chapter 68, Statutes of 1973) authorized DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, absent this bill, the 6.8 acres conveyed to the City of Pomona would revert to the state if and when the City of Pomona stopped using it for a fire station. The elimination of the reversion clause for the designated parcel of land could lead to a loss to the state of an asset estimated to be worth $1.5 million in 2012. An appraisal would be required to determine the current fair market value. Additionally, minor and absorbable costs to DGS to amend the deed.

SUPPORT: (Verified 8/24/18)

City of Pomona (source)

Tim Sandoval, Mayor of the City of Pomona

OPPOSITION: (Verified 8/24/18)

None received

ARGUMENTS IN SUPPORT: According to the City of Pomona, “CFPD continues to operate the Fire Station and utilizes the Fire Training Facility for staff training purposes. The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training Facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel.”

ASSEMBLY FLOOR: 77-0, 5/30/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Patterson

Prepared by:

8/27/18 19:51:33

**** END ****

 THIRD READING  

Bill No: AB 3137

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Portantino, Vidak, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Weiner

ASSEMBLY FLOOR: 77-0, 5/30/18 - See last page for vote

SUBJECT:

SOURCE: City of Pomona

DIGEST:

This bill authorizes the City of Pomona to convey a portion of former state surplus property to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles, as specified.

ANALYSIS:

Existing law:

1. Authorizes the Department of General Services (DGS), subject to legislative approval, to sell, lease, exchange, or transfer various specified properties for current market value, or upon such other terms and conditions that DGS determines are in the best interest of the state.
2. Authorizes DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.
3. Defines the 6.8 acres as the property situated on state hospital property immediately north of and adjacent to the state hospital staff residences bounded on the east by San Jose Creek, on the north by Temple Boulevard, and the west by the existing state hospital property line.
4. Provides that if the City of Pomona ceases to use the property transferred pursuant to this act for a fire station, the property shall revert to the state.

This bill:

1. Authorizes the City of Pomona to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Provides that the Director of DGS may take any action necessary to ensure that the transfer of that portion of the property shall not result in the reversion of the property to the state.
3. Requires, if the City of Pomona ceases to use the portion of the property that is not conveyed for a fire station, that portion of the property to revert to the state.
4. Repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.
5. 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 unique need for the City of Pomona to convey its fire protection facilities to CFPD of the County of Los Angeles to improve fire protection for the people of the City of Pomona and for the surrounding area.

Background

Purpose of the bill. According to the author, “the Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City [of Pomona] would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset.”

The property. In 1973, the state of California conveyed to the City of Pomona 6.8 acres of real property (Parcel A and B), located at 3325 Temple Avenue in Pomona, for construction of facilities to improve fire protection for the surrounding area and the adjoining state hospital. Existing law provides that, in the event the City of Pomona ceases to use the property for a fire station, the property shall revert to the state.

In 1979 the City of Pomona completed construction of Fire Station 187 on Parcel A, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona also built a fire training facility on Parcel B.

The City of Pomona Fire Department operated both the fire station and the fire academy from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the training facility for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

Related/Prior Legislation

AB 1977 (Committee on Accountability and Administrative Review, 2018) authorizes DGS to dispose of the following specified state surplus properties: the Santa Ana State Building in Santa Ana, Orange County; the California Highway Patrol (CHP) area office in Crescent City, Del Norte County; the CHP area office in Truckee, Nevada County; the CHP area office in San Diego, San Diego County. (Pending on the Assembly Floor)

AB 3251 (Committee on Veterans Affairs, 2018) authorizes DGS to sell the Hanford, Placerville, Redwood City, Reedley, Susanville, and Sylmar armories, as well as a six-acre parcel of land in San Jose. (Pending in the Senate Veterans Affairs Committee)

AB 1515 (Torres, 2012) would have authorized the City of Pomona to convey to the CFPD of the County of Los Angeles a portion of former state surplus property, as specified. (Held in the Senate Rules Committee)

AB 151 (Lancaster, Chapter 68, Statutes of 1973) authorized DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, absent this bill, the 6.8 acres conveyed to the City of Pomona would revert to the state if and when the City of Pomona stopped using it for a fire station. The elimination of the reversion clause for the designated parcel of land could lead to a loss to the state of an asset estimated to be worth $1.5 million in 2012. An appraisal would be required to determine the current fair market value.Additionally, minor and absorbable costs to DGS to amend the deed.

SUPPORT: (Verified 8/16/18)

City of Pomona (source)

Tim Sandoval, Mayor of the City of Pomona

OPPOSITION: (Verified 8/16/18)

None received

ARGUMENTS IN SUPPORT: According to the City of Pomona, “CFPD continues to operate the Fire Station and utilizes the Fire Training Facility for staff training purposes. The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training Facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel.”

ASSEMBLY FLOOR: 77-0, 5/30/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Patterson

Prepared by:

8/20/18 10:06:32

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 3137 (Rodriguez) - State property: conveyance: City of Pomona

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 16, 2018

Bill Summary:

AB 3137 would authorize the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property, as specified.

Fiscal Impact:

• Absent this bill, the 6.8 acres conveyed to the City of Pomona would revert to the state if and when the City of Pomona stopped using it for a fire station. The elimination of the reversion clause for the designated parcel of land could lead to a loss to the state of an asset estimated to be worth $1.5 million in 2012. An appraisal would be required to determine the current fair market value.
• Minor and absorbable costs to the Department of General Services (DGS) to amend the deed.

Author Amendments:

Amend the code section to address chaptering conflicts.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 3137 (Rodriguez) - State property: conveyance: City of Pomona

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 3137 would authorize the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property, as specified.

Fiscal Impact:

• Absent this bill, the 6.8 acres conveyed to the City of Pomona would revert to the state if and when the City of Pomona stopped using it for a fire station. The elimination of the reversion clause for the designated parcel of land could lead to a loss to the state of an asset estimated to be worth $1.5 million in 2012. An appraisal would be required to determine the current fair market value.
• Minor and absorbable costs to the Department of General Services (DGS) to amend the deed.

Background:

The City of Pomona received 6.8 acres of property from the state in 1973 for facilities to improve fire protection in the surrounding area and the Lanterman Developmental Center. Existing law stipulates that in the event the city ceases to use the property as a fire station, the property shall revert to the state. In 1979, the city completed construction of a fire station, which has continued in operation to provide fire protection services according to state requirements. The city further invested in the property and built a fire training facility on the property. Both facilities were operated by the city fire department from 1979 to 1995, when the city contracted with the CFPD for fire protection and emergency response services. The city retained ownership of the property and the state continued to maintain water utilities on the property. CFPD continues to operate the fire station and uses the training facility for staff training purposes.

Proposed Law:

This bill would authorize the City of Pomona to convey to the Consolidated Fire Protection District of the County of Los Angeles a portion of the 6.8 acres of land conveyed to the City of Pomona. The Director of DGS would be authorized to take any action necessary to ensure that the transfer of that portion of the property shall not result in the reversion of the property to the state. This bill would provide that the portion of the land that is not conveyed to the CFPD be reverted to the state if the City of Pomona ceases to use that portion of the property for a fire station. This bill would repeal existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.

Related Legislation:

AB 1515 (Torres, 2012), similar to this bill, would have authorized the City of Pomona to convey to the CFPD of the County of Los Angeles a portion of former state surplus property, as specified. It was held in the Senate Rules Committee.

Staff Comments:

AB 1515 estimated $1.5 million in General Fund loss of state property, based on potential future sale as surplus property, or loss of annual lease revenue. The estimate of $1.5 million was preliminary as a formal assessment had not been completed. Staff notes that a formal assessment has still not been completed, so the fair market value, which could be significantly different than the prediction in 2012, has not been determined.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/26/2018

SUBJECT:

DIGEST: This bill authorizes the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property, as specified.

ANALYSIS:

Existing law:

1. Authorizes the Department of General Services (DGS), subject to legislative approval, to sell, lease, exchange, or transfer various specified properties for current market value, or upon such other terms and conditions that DGS determines are in the best interest of the state.
2. Authorizes DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.
3. Defines the 6.8 acres as the property situated on state hospital property immediately north of and adjacent to the state hospital staff residences bounded on the east by San Jose Creek, on the north by Temple Boulevard, and the west by the existing state hospital property line.
4. Provides that if the City of Pomona ceases to use the property transferred pursuant to this act for a fire station, the property shall revert to the state.

This bill:

1. Authorizes the City of Pomona to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Provides that the Director of DGS may take any action necessary to ensure that the transfer of that portion of the property shall not result in the reversion of the property to the state.
3. Requires, if the City of Pomona ceases to use the portion of the property that is not conveyed for a fire station, that portion of the property to revert to the state.
4. Repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.
5. 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 unique need for the City of Pomona to convey its fire protection facilities to CFPD of the County of Los Angeles to improve fire protection for the people of the City of Pomona and for the surrounding area.

Background

Purpose of the bill. According to the author, “the Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City [of Pomona] would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset.”

The property. In 1973, the state of California conveyed to the City of Pomona 6.8 acres of real property (Parcel A and B), located at 3325 Temple Avenue in Pomona, for construction of facilities to improve fire protection for the surrounding area and the adjoining state hospital. Existing law provides that, in the event the City of Pomona ceases to use the property for a fire station, the property shall revert to the state.

In 1979 the City of Pomona completed construction of Fire Station 187 on Parcel A, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona also built a fire training facility on Parcel B.

The City of Pomona Fire Department operated both the fire station and the fire academy from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the training facility for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

Prior/Related Legislation

AB 1977 (Committee on Accountability and Administrative Review, 2018) authorizes DGS to dispose of the following specified state surplus properties: the Santa Ana State Building in Santa Ana, Orange County; the California Highway Patrol (CHP) area office in Crescent City, Del Norte County; the CHP area office in Truckee, Nevada County; the CHP area office in San Diego, San Diego County. (Pending in the Senate Appropriations Committee)

AB 3251 (Committee on Veterans Affairs, 2018) authorizes DGS to sell the Hanford, Placerville, Redwood City, Reedley, Susanville, and Sylmar armories, as well as a six-acre parcel of land in San Jose. (Pending in the Senate Veterans Affairs Committee)

AB 1515 (Torres, 2012) would have authorized the City of Pomona to convey to the CFPD of the County of Los Angeles a portion of former state surplus property, as specified. (Held in the Senate Rules Committee)

AB 151 (Lancaster, Chapter 68, Statutes of 1973) authorized DGS, to convey to the City of Pomona approximately 6.8 acres of land at Pacific State Hospital, for use as a fire station, upon such terms and conditions as in his opinion may be for the best interests of the state, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

City of Pomona (Source)

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the City of Pomona, “CFPD continues to operate the Fire Station and utilizes the Fire Training Facility for staff training purposes. The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training Facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 3137

Author:(Rodriguez)

As Introduced Ver:February 16, 2018

Majority vote

SUMMARY: Authorizes the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property. Specifically, this bill:

1. Authorizes the City of Pomona to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Authorizes the Director of the Department of General Services (DGS) to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state.
3. Requires, if the City of Pomona ceases to use the portion of the property that is not conveyed for a fire station, that portion of the property to revert to the state.
4. Repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.
5. Finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of California Constitution Article IV, Section 16, because of the unique need for the City of Pomona to convey its fire protection facilities to the Consolidated Fire Protection District of the County of Los Angeles to improve fire protection for the people of the City of Pomona and for the surrounding area.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. In the absence of this bill, the land would revert to the state, when and if the City of Pomona stopped using the land for a fire station. The elimination of the reversion clause for the designated parcel might be a loss to the state of an asset estimated to be worth approximately $1.5 million in 2012. An appraisal would be required to determine current fair market value.
2. Minor and absorbable costs to DGS to amend the deed.

COMMENTS:

1. Bill Summary. This bill authorizes the City of Pomona to convey to CFPD a portion of land conveyed to the City of Pomona by the state in 1973, and authorizes the Director of DGS to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state. If the City of Pomona ceases to use that portion of the property that is not conveyed to CFPD for a fire station, this bill requires that portion of the property to revert to the state. This bill also repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station. This bill is sponsored by the City of Pomona.
2. Author's Statement. According to the author, "The Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset."
3. Background. In 1973, DGS was authorized to convey to the City of Pomona approximately 6.8 acres of property in the City of Pomona for use as a fire station. Existing law specifies that the entire property shall revert to the state if the City of Pomona ceases to use it for a fire station.

The City of Pomona in 1979 completed construction of Fire Station 187, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona further invested in the property and built a Fire Training Center. Both facilities were operated by the City of Pomona Fire Department from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the Fire Training Center for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

1. Previous Legislation. AB 1515 (Torres) of 2012 was identical to this bill. AB 1515 was held in the Senate Rules Committee.
2. Arguments in Support. The City of Pomona, sponsor of this bill, writes, "The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel."
3. Arguments in Opposition. None on file.

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003030

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3137

Author:(Rodriguez) – As Introduced Ver:February 16, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of a property being used as a fire training facility. Specifically, this bill:

1. Authorizes the City of Pomona to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Authorizes the Director of the Department of General Services (DGS) to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state.
3. Eliminates the existing requirement that the property being transferred to CFPD revert to the state but maintains that the remaining portion of the parcel retained by the City of Pomona must revert to the state if it ceases to be used by the city for a fire station.

FISCAL EFFECT:

1. In the absence of the bill, the land would revert to the state, when and if the City of Pomona stopped using the land for a fire station. The elimination of the reversion clause for the designated parcel might be a loss to the state of an asset estimated to be worth approximately $1.5 million in 2012. An appraisal would be required to determine current fair market value.
2. Minor and absorbable costs to DGS to amend the deed.

COMMENTS:

1. Purpose. Statute precludes transfer of the fire training facility site by the City of Pomona to CFPD. AB 3137 would release the deed restriction and allow the transfer of the site to CFPD.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the fire training facility to CFPD for financial considerations. While a previous agreement to sell the training center property was in place, CFPD would not agree absent removal of the original deed restriction. This bill eliminates the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the city.

1. Background. The City of Pomona received 6.8 acres of property from the State of California in 1973 to use as a fire station. Existing law specifies that the entire property must revert to the state if the City of Pomona ceases to use it for a fire station.

The City of Pomona, in 1979, completed construction of Fire Station 187, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona further invested in the property and built a Fire Training Center on the remainder of the property. Both facilities were operated by the City of Pomona Fire Department from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the Fire Training Center for staff training purposes. The City of Pomona, sponsor of this bill, writes:

The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training facility parcel to the appropriate governmental entity. The CFPD is interested in acquiring the training site from the City and continuing its use as one of their primary training sites for fire response personnel.

1. Prior Legislation. AB 1515 (Torres), of the 2011-12 Legislative Session, was nearly identical to this bill. AB 1515 was held in the Senate Rules Committee.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

ABPCA Bill Id:AB 3137 (

Author:Rodriguez) – As Introduced Ver:February 16, 2018

SUBJECT: State property: conveyance: City of Pomona.

SUMMARY: Authorizes the City of Pomona to convey to the Consolidated Fire Protection District (CFPD) of the County of Los Angeles a portion of former state surplus property. Specifically, this bill:

1. Authorizes the City of Pomona to convey to CFPD a portion of the 6.8 acres of land conveyed to the city by the state in 1973.
2. Authorizes the Director of the Department of General Services (DGS) to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state.
3. Requires, if the City of Pomona ceases to use the portion of the property that is not conveyed for a fire station, that portion of the property to revert to the state.
4. Repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station.
5. 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 unique need for the City of Pomona to convey its fire protection facilities to the Consolidated Fire Protection District of the County of Los Angeles to improve fire protection for the people of the City of Pomona and for the surrounding area.

EXISTING LAW:

1. Authorizes DGS to convey to the City of Pomona certain property for use as a fire station.
2. Requires the property to revert to the state if the City of Pomona ceases to use the property as a fire station.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Bill Summary. This bill authorizes the City of Pomona to convey to CFPD a portion of land conveyed to the City of Pomona by the state in 1973, and authorizes the Director of DGS to take any action necessary to ensure that the transfer of that portion of the property not result in the reversion of the property to the state. If the City of Pomona ceases to use that portion of the property that is not conveyed to CFPD for a fire station, this bill requires that portion of the property to revert to the state. This bill also repeals existing law requiring all of the property originally conveyed to the City of Pomona to revert to the state if the City of Pomona ceases to use it as a fire station. This bill is sponsored by the City of Pomona.
2. Author's Statement. According to the author, "The Fire District utilizes the East County Fire Training Center to train Fire District personnel from throughout the region. The City would benefit from revenues associated with the sale of the Fire Training Center, while the Fire District would benefit as the official owner of this key District asset."
3. Background. In 1973, DGS was authorized to convey to the City of Pomona approximately 6.8 acres of property in the City of Pomona for use as a fire station. Existing law specifies that the entire property shall revert to the state if the City of Pomona ceases to use it for a fire station.

The City of Pomona in 1979 completed construction of Fire Station 187, which has continued in operation to provide fire protection services according to state requirements. The City of Pomona further invested in the property and built a Fire Training Center. Both facilities were operated by the City of Pomona Fire Department from 1979 to 1995, at which time the City of Pomona contracted with CFPD for fire protection and emergency response services. The City of Pomona retained ownership of the property. CFPD continues to operate Fire Station 187 and utilizes the Fire Training Center for staff training purposes.

According to the author's office, the City of Pomona wishes to convey the portion of the property that houses the Fire Training Center to CFPD for financial considerations. While a previous agreement to sell the Training Center property was in place, CFPD would not agree to consummate the sale absent removal of the original deed restriction. This bill would eliminate the deed restriction only on the portion of the property that would be conveyed to CFPD, retaining the reversion clause for the property retained by the City.

1. Previous Legislation. AB 1515 (Torres) of 2012 was identical to this bill. AB 1515 was held in the Senate Rules Committee.
2. Arguments in Support. The City of Pomona, sponsor of this bill, writes, "The sale of the Fire Training Facility site to the CFPD provides the best alternative to maintain the Fire Training Facility and service response from the Fire Station at its current level, while enabling sale and transfer of the Training facility parcel to the appropriate governmental entity, in CFPD. The CFPD is interested in acquiring the training site from the City and continue its use as one of their primary training sites for fire response personnel."
3. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

City of Pomona [SPONSOR]

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958