8160. The plan for location of state buildings and other
improvements in the central city of the City of Sacramento, approved
by the director on March 15, 1977, and titled "Capitol Area Plan," is
the official state master plan for development in the central city.
It is hereby designated the Capitol Area Plan. It shall be a guide
for future state policy in the expansion of the state's physical
plant and in the locating of state buildings and other facilities in
the metropolitan area.
Any changes in the objectives of the Capitol Area Plan shall be
approved by a majority vote of both houses of the Legislature.
8160.1. The following terms, used in this article, shall be given
the following meanings:
(a) "Metropolitan area" means the greater metropolitan Sacramento
area, including the City of Sacramento, the County of Sacramento, and
the eastern part of Yolo County.
(b) "Central city" means that area of the City of Sacramento
bounded on the north by the American River, on the west by the
Sacramento River, and on the south and east by Interstate Highway 80.
(c) "Core area" means that area of the City of Sacramento within
the area bounded by "G" Street on the north, "R" Street on the south,
5th Street on the west, and 17th Street on the east.
(d) "Capitol area" includes both of the following:
(1) The area of the City of Sacramento which is bounded on the
north by "L" Street, on the south by "R" Street, excepting that
portion lying between 11th and 12th Streets which southern boundary
shall be the alley lying between "R" and "S" Streets, on the west by
5th Street, and on the east by 17th Street, and referring
specifically to those blocks within those boundaries containing
state-owned properties. The streets bounding the Capitol area are
included therein, and this does not constitute a change in, but is
declaratory of the existing law.
(2) The area of the City of Sacramento which is bounded on the
north by "Q" Street, on the south by "S" Street, on the west by 17th
Street, and on the east by the westerly edge of the current
right-of-way for the rail lines running north and south between 19th
and 20th Streets, and which is bounded on the north by "R" Street,
excepting that portion lying between 11th and 12th Streets which
northern boundary shall be the alley lying between "R" and "S"
Streets, on the south by "S" Street, on the west by 10th Street, and
on the east by 17th Street, inclusive, of the streets therein.
(e) "Department" means the Department of General Services.
(f) "Director" means the Director of General Services.
8161. The department may request the assistance and advice of any
state agency in the development of the master plan. Any state agency
receiving such a request may render such assistance and advice to the
department.
8162. The department shall inform the City of Sacramento and the
County of Sacramento of the master plan, and subsequent revisions
thereof, and shall make every effort to cooperate with appropriate
city and county officials to the end that the development efforts of
the state, city and county may be integrated and may proceed without
friction.
8162.5. (a) This section and Sections 8162.6, 8162.7, 8162.8, and
8162.9 shall be known as the Capitol View Protection Act.
(b) "Capitol Park" means the area lying between 9th Street on the
west, 15th Street on the east, N Street on the south, and L Street on
the north.
(c) "Height limit" means the highest point of the building except
for the following unoccupied elements: building caps that serve a
decorative function and rooftop mechanical equipment that is screened
and placed in a location furthest away when viewed from the State
Capitol or Capitol Park.
(d) "Block" means a reference to a block in a specified direction
from a given numbered street bounded by the center line of the given
street and the center line of the adjacent numbered street in the
specified direction. A reference to a block in a specified direction
from a given lettered street shall mean the property bounded by the
center line of the specified street and the center line of the
adjacent lettered street in the specified direction. A reference to a
block may also be defined by specific stated lines on opposite sides
of a given street, but parallel to the center line of the street.
(e) "Half block" means a reference to a half block in a specified
direction from a given numbered street bounded by the center line of
the given street and a line parallel to, and 200 feet in the
specified direction from, the center line of the given street. A
reference to a half block in a specified direction from a given
lettered street shall mean the property bounded by the center line of
the given street and a line parallel to, and 210 feet in the
specified direction from, the center line of the given street.
(f) "Street" means, for purposes of the height restrictions and
setback requirements, the center line of the street.
(g) "Abandoned or built across streets" means an instance in which
a portion of a given street has been abandoned or built across. A
reference to the given street shall mean the center line of the
street that would have existed if the street had not been abandoned
or built across, and was the same width as the existing given street.
(h) "K Street" shall mean, for property west of 14th Street, the
center line of the K Street Mall.
8162.6. The Legislature hereby finds and declares all of the
following:
(a) Sacramento's State Capitol and Capitol Park provide the City
of Sacramento with a unique cultural and open-space resource that is
a major attraction for thousands of visitors each year.
(b) Over the past 10 years, the skyline of downtown Sacramento has
changed dramatically, signifying the city's diversity as a center of
commerce and government. As a result of this growth, the State
Capitol no longer has the most prominent position on the skyline.
(c) In the last three years, 10 major project office buildings
have been constructed or approved within the downtown's C-3 zone and
approximately 14 additional buildings have been proposed. This growth
has prompted increased community concern about preservation of the
visual prominence of the State Capitol.
(d) Since June of 1990, state officials have been working with the
city toward developing a plan that would guide future development
downtown in a way that would preserve and enhance the visual
prominence of the State Capitol and the character and scale of
Capitol Park.
8162.7. Notwithstanding any other provision of law, except as
provided in Section 8162.9, the following height limits shall apply
as follows:
(a) The applicable height limit shall be 80 feet for the following
areas:
(1) The block surrounded by L Street on the north, 16th Street on
the east, Capitol Avenue on the south, and 15th Street on the west.
(2) The half block surrounded by Capitol Avenue on the north, 16th
Street on the east, 15th Street on the west, and a line parallel to
and 210 feet to the south of Capitol Avenue on the south.
(3) The half block to the east of 15th Street between a line
running parallel to and 210 feet to the north of N Street on the
north, and a line running parallel to and 210 feet to the south of N
Street on the south.
(4) The half block to the south of N Street between 15th Street on
the east, and a line parallel to and 200 feet to the west of 9th
Street on the west.
(b) The applicable height limit shall be 120 feet for the
following area:
The blocks between L Street on the north, 17th Street on the east,
N Street on the south and 16th Street on the west.
(c) The applicable height limit shall be 150 feet for the
following areas:
(1) The half block to the west of 16th Street between a line
parallel to and 210 feet to the north of N Street on the north, and a
line parallel to and 210 feet to the south of N Street on the south.
(2) The half block to the north of O Street between 16th Street on
the east and 8th Street on the west.
(3) The half block to the south of N Street between 8th Street on
the west and a line parallel to and 200 feet to the east of 8th
Street on the east.
(4) The block to the south of O Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet to the west of 11th Street on the west.
(5) The half block to the north of L Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 9th
Street on the west.
(6) The half block to the west of 9th Street between L Street on
the north and N Street on the south.
(d) The applicable height limit shall be 250 feet for the
following areas:
(1) The half block to the south of O Street between 13th Street
and a line parallel to and 200 feet to the west of 12th Street.
(2) The half block to the south of O Street between a line
parallel to and 200 feet to the east of 10th Street on the east, and
a line parallel to and 200 feet to the west of 8th Street on the
west.
(3) The half block to the west of 8th Street between N Street on
the north and O Street on the south.
(4) The half block to the south of K Street between 12th Street on
the east and 10th Street on the west.
(5) The block to the north of K Street between a line parallel to
and 200 feet to the west of 11th Street on the west, and a line
parallel to and 200 feet to the east of 11th Street on the east.
(e) The applicable height limit shall be 300 feet for the
following areas:
(1) The half block to the south of K Street, between 16th Street
on the east and 12th Street on the west.
(2) The half block to the South of K Street, between 10th Street
on the east and 8th Street on the west.
(3) The half block east of 8th Street, between a line parallel to
and 210 feet to the north of L Street on the north and N Street on
the south.
(f) The applicable height limit shall be 350 feet for the
following areas:
(1) The block to the north of J Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet west of 11th Street on the west.
(2) The half block to the north of I Street, between 11th Street
on the east and a line parallel to and 200 feet to the west of 11th
Street on the west.
(g) The applicable height limit shall be 400 feet for the
following areas:
(1) The half block to the north of K Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 12th
Street on the west.
(2) The half block to the north of K Street between a line
parallel to and 200 feet east of 10th Street on the east and a line
parallel to and 200 feet west of 8th Street on the west.
(3) The block to the west of 8th Street between K Street on the
north and N Street on the south.
(h) The applicable height limit shall be 450 feet for the
following areas:
(1) The half block to the south of J Street between 16th Street on
the east and a line parallel to and 200 feet west of 12th Street on
the west.
(2) The half block to the south of J Street between a line
parallel to and 200 feet to the east of 10th Street on the east and
7th Street on the west.
(3) The half block to the north of K Street between a line
parallel to and 200 feet to the east of 7th Street on the east and
7th Street on the west.
8162.8. Notwithstanding any other provision of law, the following
setback requirements shall apply:
(a) Buildings in the first half block north of L Street between a
line parallel to and 200 feet to the east of 15th Street on the east
and a line parallel to and 200 feet to the west of 9th Street on the
west, and buildings in the first half block west of 9th Street
between L Street on the north and N Street on the south shall be
subject to the following setback requirements:
(1) Each building shall be set back not less than 15 feet from the
property line along L Street or 9th Street.
(2) Buildings may be designed to include street level pedestrian
oriented features such as arcades, plazas, or building bases. These
features may extend up to six feet into the required 15-foot setback
area, but shall not exceed 30 feet in height.
(b) Buildings in the first half block east of 15th Street between
L Street on the north and N Street on the south shall be subject to
the following setback requirements:
(1) Each building shall be set back not less than 9 feet from the
property line along 15th Street.
(2) That portion of each building exceeding 60 feet shall be set
back not less than 15 feet from the base of the building along 15th
Street.
(c) Buildings in the first half block east of 11th Street between
I Street on the north and a line parallel to and 210 feet to the
south of K Street on the south, and buildings in the first half block
to the west of 11th Street between H Street on the north and a line
parallel to and 210 feet to the south of K Street on the south, shall
be subject to the following setback requirement:
That portion of each building exceeding 70 feet or five floors,
whichever is lower, shall be set back not less than 30 feet from the
base of the building along Capitol Mall and 11th Street.
8162.9. (a) Notwithstanding subdivision (a) of Section 8162.7, a
96-foot height limit shall apply to construction, exclusively for the
purposes of residential development, for Lot 4, Block 223 (known as
Capitol Area Development Authority Residential Site 21) surrounded by
N Street on the north, 14th Street on the east, 120 feet west of
14th Street on the west, and one quarter of a half block to the south
of N Street on the south.
(b) Notwithstanding any other provision of law, development on the
city blocks surrounding the Stanford Mansion located at 802 N
Street, and the Heilbron Mansion located at 704 O Street, shall be
environmentally sensitive to these historic mansions. Copies of
environmental documents for any development on the city blocks
surrounding these mansions shall be distributed by the State
Clearinghouse within the Governor's Office of Planning and Research
to the State Office of Historic Preservation, and other agencies as
required by the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code.
8163. The Capitol Area Plan was established for the orderly
development of the state's facilities in the metropolitan area and
the department shall be continuously responsible for necessary
revisions and for formulating and carrying out long-range development
plans.
(a) When considering recommendations for changes in the Capitol
Area Plan and in formulating the long-range plans, the department
shall take into consideration the following factors:
(1) The needs of the state, the City of Sacramento, and the County
of Sacramento and eastern Yolo County, relative to the location and
design of residential, commercial, and office buildings to be
constructed, rehabilitated and restored, parking and transit
facilities, traffic or fountains as may be deemed desirable for the
beautification and livability of the area; and
(2) The ordinances, plans, requirements, and proposed improvements
of the City of Sacramento and the County of Sacramento and eastern
Yolo County, including but not limited to, zoning regulations,
population trends, plans for regional transit development, and the
general plan of the City of Sacramento; and
(3) Any other factors which bear upon the orderly, integrated, and
cooperative development by the state, the City of Sacramento, and
the County of Sacramento and eastern Yolo County, of property in the
metropolitan area.
(b) Specific building plans for the location of state buildings,
residential housing, parking structures, and other improvements on
state-owned land in the core area shall be responsive to the
following program goals:
(1) To supply an additional two million gross square feet of
office space which will be available for state occupancy by the year
2000. This office space shall be within or contiguous to the core
area; and
(2) To develop parking and transportation facilities in the
metropolitan area to support the state's needs in the core area as
projected in the Capitol Area Plan; and
(3) To expand the supply of private and publicly owned housing in
the Capitol area to accommodate approximately 3,500 people by the
year 2000.
8164. Commencing January 1, 1979, the department shall report to
the Joint Legislative Budget Committee and each Member of the
Legislature annually. The report shall summarize all of the
following:
(a) Leases by the state to others for residential or commercial
purposes in the Capitol area.
(b) Sales or building construction initiated or completed by the
state in the metropolitan area expenditures under authority of
Section 8169.1, by type.
(c) Transactions and operations of joint powers agencies under
authority of Section 8169.4, since the last report.
(d) The department's appraisal of the degree to which projects
conform to the Capitol Area Plan.
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31st of the fourth
year after the end of the prior term, except that appointments to
fill vacancies occurring for any reason other than the expiration of
the term shall be for the unexpired portion of the term in which they
occur. The members of the board shall hold office until their
successors are appointed and qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.2. (a) The committee shall elect a chairperson. The committee
shall meet at least quarterly or upon the call of the chairperson or
the written request of any three members.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8165. The Legislature finds and declares:
(a) There is clear justification and need for the creation of a
beautiful and impressive western approach to the capital city of
California, which coordinates and integrates the planning and
development of all major elements in the immediate environment, and
emphasizes the most important single structure in the complex, the
State Capitol Building.
(b) In order to provide for the formulation and implementation of
a long-range, funded program for beautification of the mall, which is
coordinated with the plans of the multiplicity of interests
involved, it is necessary to assign responsibility and authority
sufficient to achieve these objectives to a single agency. The
department is the agency most able to effectively carry out this
assignment.
8166. The department shall have the overall responsibility and
authority for the formulation and implementation of a long-range
master plan for the improvement of the Capitol Mall. Such plan shall
be integrated and compatible with the development plans of all
appropriate public and private interests, including the Sacramento
Central City Development Projects. The principal objective of this
master plan shall be to provide a physical and aesthetic expression
in the approaches to the State Capitol Complex and to embody the best
the state can produce in coordinated environmental planning and
architectural integrity.
8167. That portion of Route 275 that extends from the end of the
Sacramento River Bridge in the City of Sacramento to the junction of
Capitol Avenue and Ninth Street in Sacramento is hereby designated as
the "Capitol Mall" and shall be an integral part of the Capitol Area
Plan.
8168. The department, in addition to the other powers granted by
this article, shall have the express power to do all acts necessary
to accomplish the overall planning and beautification of the Capitol
Mall contemplated by the 1968 amendments to former Article 1
(commencing with Section 8160) of Chapter 2.8 of Division 1 of Title
2. Such powers shall include, but not be limited to, the active
solicitation for and acceptance of any gifts or grants from whatever
source available.
8169. (a) The director may lease the real property owned by the
state within the core area, and not under the jurisdiction of any
other state agency, for purposes consistent with the Capitol Area
Plan and the management thereof, for the term and upon terms and
conditions that the director may deem appropriate. A lease shall
provide that any property subsequently leased by a joint powers
authority for which a lease or rental for a period of five years or
more is contemplated, shall be advertised and awarded utilizing for
the purpose the same procedure followed by the director for other
state properties. The director's authority to lease real property
under this section shall include, but not be limited to, the
authority to lease portions of buildings and facilities occupied or
to be occupied in part by state agencies, to private parties, and
other public agencies for office, residential, parking, and
commercial uses consistent with the Capitol Area Plan.
(b) The director may sell real property that is owned by the state
within the Capitol Area Plan area that is not under the jurisdiction
of any other state agency and that is designated for residential and
commercial purposes in the 1997 update of the plan. If the director
sells property under this section, that property shall be sold at its
fair market value to the joint powers authority created pursuant to
Section 8169.4 for resale and use in the development of residential
and commercial properties consistent with the Capitol Area Plan. In
addition, any property sold under this section shall not diminish the
number of existing dwelling units or subsequently developed units
that are required to be made available to low-income households
pursuant to Section 8193. For the purposes of Section 8193, an
existing residential dwelling unit or a subsequently developed unit
located on land sold pursuant to this section shall continue to be
included in the determination of the total number of dwelling units
located on property leased by the joint powers authority created
pursuant to Section 8169.4.
The director may not sell any existing residential properties
pursuant to this subdivision that are under the management of the
joint powers authority created pursuant to Section 8169.4 unless that
sale is part of an overall development plan that will lead to a net
increase in residential units on the affected site or sites.
In addition, the director may not sell any existing residential
properties pursuant to this subdivision that are under the management
of the joint powers authority created pursuant to Section 8169.4
unless a deed restriction is recorded against the properties that
contains an express condition and covenant that the real property
conveyed shall be used only for residential purposes for a period of
at least 45 years. "Residential purposes" means the same or
substantially similar multifamily, single-family, or condominium use,
or a mixed use, with the same or greater number of residential units
on the affected site. The terms of the restriction are for the
benefit of the public at large and for the benefit of all parcels of
land located within the boundaries of the Capitol Area Plan. The
residential use required by this subdivision shall bind all
successive owners of the property for a period of 45 years from the
date the property is conveyed by the joint powers authority.
(c) With respect to residential leases, the director's authority
included in this section shall not extend beyond the Capitol area.
The director shall assure that tenants residing within the Capitol
area are not involuntarily displaced as a result of leases executed
after January 1, 1978. The director's authority shall also include
the authority to enter into long-term leases not to exceed 60 years
and to pledge, subordinate, hypothecate, or to permit the assignment
of these leases in connection with financing to be obtained by any
lessee or sublessee.
(d) The director may not execute a sales agreement or lease
agreement for a term lease of more than five years between the state
and another entity, enter into a joint powers agreement, or issue
revenue bonds or notes of evidences of indebtedness offered by the
joint powers authority, if the agreement concerns state-owned
property in the County of Sacramento or the County of Yolo, unless
not less than 30 days prior to its execution he or she notifies and
provides an economic analysis of the proposed sale to the Members of
the Legislature who represent the Capitol area and the chairman of
the committee in each house of the Legislature which considers
appropriations, the chairman of the appropriate policy committee in
each house, and the Chairman of the Joint Legislative Budget
Committee, or his or her designee, in writing of his or her intention
to execute such an agreement. The chairman of the committee or his
or her designee may determine a lesser notification period prior to
execution. A copy of the notice shall be provided to any person who
requests the director in writing for the notice.
(e) The Legislature hereby finds that it will be of broad public
benefit to stimulate development of residential and commercial
components of the Capitol Area Plan. Therefore, the director may sell
property to the joint powers authority created pursuant to Section
8169.4 at a price that is determined to be its fair market value and
terms that have been determined to be appropriate to stimulate timely
development to meet the goals set forth by the Legislature in the
1997 update of the Capitol Area Plan. The Capitol Area Development
Authority may request these sales after providing the director with
appropriate economic analysis in support of the value at which
property is to be conveyed. The director may approve the sale of the
property if he or she concurs with the economic analysis.
(f) The Legislature hereby finds that it will be of broad public
benefit to lease some residential units in the Capitol area to
persons and families of low or moderate income, as defined by Section
50093 of the Health and Safety Code, for less than prevailing market
rental rates. Therefore, the director may rent or provide for the
rental of residential facilities to persons and families of low or
moderate income for less than market rental rates and enter into
long-term ground leases at nominal or below market rental rates when
the director deems it will benefit these persons and families.
(g) All leases of state-owned property in the core area to any
private person for other than parking shall be subject to possessory
interest taxes in accordance with Chapter 1 (commencing with Section
101) of Part 1 of Division 1 of the Revenue and Taxation Code.
(h) The net proceeds of any moneys received from the disposition
of any state parcels sold pursuant to subdivision (b) shall be
deposited into the General Fund. The department shall be reimbursed
for any cost or expense incurred in the disposition of any parcels.
8169.1. The director may maintain, repair, alter, sell, remove, or
demolish buildings or other structures within the Capitol area when
the director deems it desirable to do so, and may construct such
structures, facilities, alterations, and improvements as are
consistent with the Capitol Area Plan. All moneys collected pursuant
to this section and Section 8169 shall be deposited in the General
Fund as provided by Section 15863. All moneys now and hereafter
deposited in said account shall be available for the purposes set
forth in Section 15863, and for the payment of all costs and
expenses, including administrative costs and expenses, incurred in
performing any work, acts or functions authorized by Sections 8160 to
8169.4, inclusive, including maintenance, alterations, repairs,
demolition, minor construction, purchase of furnishings, relocation
of tenants, and the implementation of all other policies and programs
set forth in the Capitol Area Plan, such as, but without being
limited to, parking and transit programs; provided, however, that as
of July 1, 1982, all moneys collected pursuant to this section and
Section 8169 shall be deposited in the General Fund and are
continuously appropriated to the Department of General Services for
the payment of all costs and expenses, including administrative costs
and expenses, incurred in performing any of the above referred to
work, acts or functions and the implementation of all policies and
programs set forth in the Capitol Area Plan. Commencing July 1, 1984,
any unneeded balance in the appropriation made by this section shall
be transferred by the Controller on order of the Director of General
Services to the unencumbered balance of the General Fund.
8169.2. The director shall promulgate regulations for relocation
payments and assistance consistent with the requirements of Sections
51063 and 51310 of the Health and Safety Code.
8169.3. Construction of parking structures in the core area on
state-owned property for the use of the state pursuant to Section
14671.5 is hereby authorized by the Legislature.
8169.4. The department and the City of Sacramento are authorized to
enter into an agreement pursuant to the provisions of Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 to accomplish
any of the purposes or objectives set forth in the Capitol Area Plan
as provided for by this article. For the purposes of Section 6502,
the power to accomplish any such purpose or objective shall be
considered to be a power common to the contracting parties. The
department may provide moneys for the operation of the joint powers
authority from the funds appropriated by Section 8169.1, or from any
other moneys available for such purpose, and the director may lease
any of the property in the core area to the authority, with or
without consideration, and upon such terms and conditions as the
director deems necessary to accomplish the purposes and objectives
set forth in the Capitol Area Plan. The authority may issue revenue
bonds, notes or evidences of indebtedness as provided in Article 2
(commencing with Section 6540) of Chapter 5 of Division 7 of Title 1.
8169.5. (a) In furtherance of the Capitol Area Plan, the objectives
of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of the
Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
(b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
(i) The request for qualifications.
(ii) Site development guidelines.
(iii) Architectural and all system design requirements for the
facilities.
(iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
(v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
(B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
(C) If the department proceeds to acquire the facilities on a
design-build basis, in addition to any other requirements imposed
pursuant to this section, notwithstanding Section 7550.5, the
department shall provide the Legislature, beginning on July 1, 1999,
and every three months thereafter until the facilities are completed,
with a status report that includes information regarding any
benefits that the state may have realized from use of the
design-build approach, any problems that have been encountered from
the use of a design-build approach, and lessons learned that may be
applied to a future project. The department shall issue a final
report when the facilities are completed.
(D) If the department proposes to contract for construction
separate from design, the department shall, prior to commencing work
on working drawings for the facilities on blocks 171, 172, 173, 174,
and 225, submit to the Legislature a copy of the preliminary plans
for the facilities and a detailed and specific space program for the
facilities that identifies the specific spatial needs of the state
agencies.
(E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
(i) A final estimated cost for design, construction, and other
costs.
(ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
(3) Except for the reports specified in subparagraph (C) of
paragraph (2), the department shall submit to the Legislature the
information required to be submitted pursuant to paragraphs (2) and
(6) on or before December 1, 1998. Except for those contracts and
agreements necessary to prepare the information required by
paragraphs (2) and (6), the department shall not solicit bids to
enter into any agreement to design and build or otherwise acquire the
facilities or commence work on working drawings on block 171, 172,
173, 174, or 225 sooner than the later of April 1, 1999, or 120 days
after the department submits to the Legislature the information
required to be submitted pursuant to paragraphs (2) and (6). The
Legislative Analyst shall evaluate the information submitted to the
Legislature and shall prepare a report to the Joint Committee on
Rules within 60 days of receiving the documents submitted to the
Legislature. It is the intent of the Legislature that the Joint
Committee on Rules meet prior to the date the department is
authorized to solicit bids to design and build or otherwise acquire
the facilities or commence work on working drawings for the purposes
of discussing the report from the Legislative Analyst and adopting a
report with any recommendations to the department on changes to the
site design criteria, performance criteria, and specifications and
specific criteria for determining the winning bidder. If the Joint
Committee on Rules adopts a report prior to the date the department
is authorized to solicit bids to design and build or otherwise
acquire the facilities or commence work on working drawings, the
department may solicit the bids or commence the work when the report
is adopted by the Joint Committee on Rules. The Senate Committee on
Rules and the Speaker of the Assembly may designate members of their
respective houses to monitor the progress of the preparation of the
documents to be submitted pursuant to paragraph (2). The department
shall prepare periodic progress reports and meet with the designated
members or their representatives, as necessary, while preparing the
documents.
(4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
(5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
(6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
(d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
8169.6. (a) (1) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of
approximately 1,400,000 gross square feet of office space on
state-owned land in the Capitol area in downtown Sacramento on Block
204 (bounded by 7th, 8th, O, and P Streets) or Block 203 (bounded by
7th, 8th, N, and O Streets), or both of those blocks. The project
shall include associated parking onsite and in a parking garage to be
constructed on Block 266 (bounded by 8th, 9th, Q, and R Streets).
The project cost shall include the cost of rehabilitation of the
Heilbron House currently located on Block 204, and the project cost
may include the cost of relocation of the Heilbron House.
(2) The project may include residential development and additional
commercial space, subject to all of the following conditions:
(A) The inclusion of the residential development and additional
commercial space shall not reduce the scope of the approximately
1,400,000 gross square feet of office space described in paragraph
(1).
(B) The inclusion of the residential development and additional
commercial space shall not expand the state's cost beyond that
authorized in paragraph (3) of subdivision (b).
(C) Any cost associated with the residential space shall not be
funded by any lease-revenue bonds authorized for the project.
(D) Notwithstanding subdivision (b) of Section 8169, the
department may sell, lease, or otherwise transfer a portion of the
parcel not used to develop the approximately 1,400,000 gross square
feet of office space described in paragraph (1) to the Capitol Area
Development Authority created by the joint powers agreement executed
pursuant to Section 8169.4, a private developer, or both, for the
residential or additional commercial development.
(E) The residential and additional commercial development may be
funded and constructed by the Capitol Area Development Authority, a
private developer, or both.
(F) In order to address security concerns, no part of the
residential development may be included in the same structure as the
approximately 1,400,000 gross square feet of office space described
in paragraph (1). This restriction applies to residential living
quarters, residential parking, and any utilities necessary for the
residential development.
(b) (1) The department may contract for the lease, lease-purchase,
lease with an option to purchase, acquisition, design, design-build,
construction, deconstruction, construction management, and other
services related to the design and construction of the office and
parking facilities. If the director selects design-build as the
method of delivery, the department shall use the method of
design-build authorized by clause (i) of subparagraph (A) of
paragraph (3) of subdivision (d) of Section 14661. The State Public
Works Board may issue revenue bonds, negotiable notes, or negotiable
bond anticipation notes pursuant to the State Building Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3)
to finance all costs associated with the acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the Department of General
Services shall commit a sufficient amount of its support budget to
repay any outstanding loans. It is the intent of the Legislature that
this commitment shall be included in future Budget Acts until all
outstanding loans are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of land, planning, preliminary plans, working drawings or
concept drawings, performance criteria, construction, deconstruction,
furnishings, equipment, construction management and supervision,
other costs relating to the design and construction of the
facilities, exercising any purchase option, and any additional sums
necessary to pay interim and permanent financing costs. The
additional amount may include interest and the establishment of a
reasonable construction reserve fund to ensure that the funds are
available in the event future augmentations are needed to complete
the facilities authorized by this section. If the construction
reserve funds are not needed to complete construction, they shall be
used to repay the future debt payments.
(3) Authorized costs of the facilities for planning, concept
drawings or preliminary plans, working drawings, demolition,
construction, and other costs shall not exceed three hundred
ninety-one million dollars ($391,000,000). Notwithstanding Section
13332.11, the State Public Works Board may authorize the augmentation
of the amount authorized under this paragraph by up to 10 percent of
the amount authorized.
(4) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable consolidated office space over the same time period.
The department shall perform this analysis and shall obtain interest
rates, discount rates, and Consumer Price Index figures from the
Treasurer. For purposes of this analysis, the department shall
compare the cost of acquiring and operating the proposed facilities
with the amount saved from not having to pay the cost of leasing and
operating an equivalent amount of comparable consolidated office
space that would no longer need to be leased.
(5) The department is authorized and directed to execute and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the project described in this section.
(6) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800) of
Division 3). This paragraph does not exempt the department from the
requirements of the California Environmental Quality Act. This
paragraph is declarative of existing law.
8160. The plan for location of state buildings and other
improvements in the central city of the City of Sacramento, approved
by the director on March 15, 1977, and titled "Capitol Area Plan," is
the official state master plan for development in the central city.
It is hereby designated the Capitol Area Plan. It shall be a guide
for future state policy in the expansion of the state's physical
plant and in the locating of state buildings and other facilities in
the metropolitan area.
Any changes in the objectives of the Capitol Area Plan shall be
approved by a majority vote of both houses of the Legislature.
8160.1. The following terms, used in this article, shall be given
the following meanings:
(a) "Metropolitan area" means the greater metropolitan Sacramento
area, including the City of Sacramento, the County of Sacramento, and
the eastern part of Yolo County.
(b) "Central city" means that area of the City of Sacramento
bounded on the north by the American River, on the west by the
Sacramento River, and on the south and east by Interstate Highway 80.
(c) "Core area" means that area of the City of Sacramento within
the area bounded by "G" Street on the north, "R" Street on the south,
5th Street on the west, and 17th Street on the east.
(d) "Capitol area" includes both of the following:
(1) The area of the City of Sacramento which is bounded on the
north by "L" Street, on the south by "R" Street, excepting that
portion lying between 11th and 12th Streets which southern boundary
shall be the alley lying between "R" and "S" Streets, on the west by
5th Street, and on the east by 17th Street, and referring
specifically to those blocks within those boundaries containing
state-owned properties. The streets bounding the Capitol area are
included therein, and this does not constitute a change in, but is
declaratory of the existing law.
(2) The area of the City of Sacramento which is bounded on the
north by "Q" Street, on the south by "S" Street, on the west by 17th
Street, and on the east by the westerly edge of the current
right-of-way for the rail lines running north and south between 19th
and 20th Streets, and which is bounded on the north by "R" Street,
excepting that portion lying between 11th and 12th Streets which
northern boundary shall be the alley lying between "R" and "S"
Streets, on the south by "S" Street, on the west by 10th Street, and
on the east by 17th Street, inclusive, of the streets therein.
(e) "Department" means the Department of General Services.
(f) "Director" means the Director of General Services.
8161. The department may request the assistance and advice of any
state agency in the development of the master plan. Any state agency
receiving such a request may render such assistance and advice to the
department.
8162. The department shall inform the City of Sacramento and the
County of Sacramento of the master plan, and subsequent revisions
thereof, and shall make every effort to cooperate with appropriate
city and county officials to the end that the development efforts of
the state, city and county may be integrated and may proceed without
friction.
8162.5. (a) This section and Sections 8162.6, 8162.7, 8162.8, and
8162.9 shall be known as the Capitol View Protection Act.
(b) "Capitol Park" means the area lying between 9th Street on the
west, 15th Street on the east, N Street on the south, and L Street on
the north.
(c) "Height limit" means the highest point of the building except
for the following unoccupied elements: building caps that serve a
decorative function and rooftop mechanical equipment that is screened
and placed in a location furthest away when viewed from the State
Capitol or Capitol Park.
(d) "Block" means a reference to a block in a specified direction
from a given numbered street bounded by the center line of the given
street and the center line of the adjacent numbered street in the
specified direction. A reference to a block in a specified direction
from a given lettered street shall mean the property bounded by the
center line of the specified street and the center line of the
adjacent lettered street in the specified direction. A reference to a
block may also be defined by specific stated lines on opposite sides
of a given street, but parallel to the center line of the street.
(e) "Half block" means a reference to a half block in a specified
direction from a given numbered street bounded by the center line of
the given street and a line parallel to, and 200 feet in the
specified direction from, the center line of the given street. A
reference to a half block in a specified direction from a given
lettered street shall mean the property bounded by the center line of
the given street and a line parallel to, and 210 feet in the
specified direction from, the center line of the given street.
(f) "Street" means, for purposes of the height restrictions and
setback requirements, the center line of the street.
(g) "Abandoned or built across streets" means an instance in which
a portion of a given street has been abandoned or built across. A
reference to the given street shall mean the center line of the
street that would have existed if the street had not been abandoned
or built across, and was the same width as the existing given street.
(h) "K Street" shall mean, for property west of 14th Street, the
center line of the K Street Mall.
8162.6. The Legislature hereby finds and declares all of the
following:
(a) Sacramento's State Capitol and Capitol Park provide the City
of Sacramento with a unique cultural and open-space resource that is
a major attraction for thousands of visitors each year.
(b) Over the past 10 years, the skyline of downtown Sacramento has
changed dramatically, signifying the city's diversity as a center of
commerce and government. As a result of this growth, the State
Capitol no longer has the most prominent position on the skyline.
(c) In the last three years, 10 major project office buildings
have been constructed or approved within the downtown's C-3 zone and
approximately 14 additional buildings have been proposed. This growth
has prompted increased community concern about preservation of the
visual prominence of the State Capitol.
(d) Since June of 1990, state officials have been working with the
city toward developing a plan that would guide future development
downtown in a way that would preserve and enhance the visual
prominence of the State Capitol and the character and scale of
Capitol Park.
8162.7. Notwithstanding any other provision of law, except as
provided in Section 8162.9, the following height limits shall apply
as follows:
(a) The applicable height limit shall be 80 feet for the following
areas:
(1) The block surrounded by L Street on the north, 16th Street on
the east, Capitol Avenue on the south, and 15th Street on the west.
(2) The half block surrounded by Capitol Avenue on the north, 16th
Street on the east, 15th Street on the west, and a line parallel to
and 210 feet to the south of Capitol Avenue on the south.
(3) The half block to the east of 15th Street between a line
running parallel to and 210 feet to the north of N Street on the
north, and a line running parallel to and 210 feet to the south of N
Street on the south.
(4) The half block to the south of N Street between 15th Street on
the east, and a line parallel to and 200 feet to the west of 9th
Street on the west.
(b) The applicable height limit shall be 120 feet for the
following area:
The blocks between L Street on the north, 17th Street on the east,
N Street on the south and 16th Street on the west.
(c) The applicable height limit shall be 150 feet for the
following areas:
(1) The half block to the west of 16th Street between a line
parallel to and 210 feet to the north of N Street on the north, and a
line parallel to and 210 feet to the south of N Street on the south.
(2) The half block to the north of O Street between 16th Street on
the east and 8th Street on the west.
(3) The half block to the south of N Street between 8th Street on
the west and a line parallel to and 200 feet to the east of 8th
Street on the east.
(4) The block to the south of O Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet to the west of 11th Street on the west.
(5) The half block to the north of L Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 9th
Street on the west.
(6) The half block to the west of 9th Street between L Street on
the north and N Street on the south.
(d) The applicable height limit shall be 250 feet for the
following areas:
(1) The half block to the south of O Street between 13th Street
and a line parallel to and 200 feet to the west of 12th Street.
(2) The half block to the south of O Street between a line
parallel to and 200 feet to the east of 10th Street on the east, and
a line parallel to and 200 feet to the west of 8th Street on the
west.
(3) The half block to the west of 8th Street between N Street on
the north and O Street on the south.
(4) The half block to the south of K Street between 12th Street on
the east and 10th Street on the west.
(5) The block to the north of K Street between a line parallel to
and 200 feet to the west of 11th Street on the west, and a line
parallel to and 200 feet to the east of 11th Street on the east.
(e) The applicable height limit shall be 300 feet for the
following areas:
(1) The half block to the south of K Street, between 16th Street
on the east and 12th Street on the west.
(2) The half block to the South of K Street, between 10th Street
on the east and 8th Street on the west.
(3) The half block east of 8th Street, between a line parallel to
and 210 feet to the north of L Street on the north and N Street on
the south.
(f) The applicable height limit shall be 350 feet for the
following areas:
(1) The block to the north of J Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet west of 11th Street on the west.
(2) The half block to the north of I Street, between 11th Street
on the east and a line parallel to and 200 feet to the west of 11th
Street on the west.
(g) The applicable height limit shall be 400 feet for the
following areas:
(1) The half block to the north of K Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 12th
Street on the west.
(2) The half block to the north of K Street between a line
parallel to and 200 feet east of 10th Street on the east and a line
parallel to and 200 feet west of 8th Street on the west.
(3) The block to the west of 8th Street between K Street on the
north and N Street on the south.
(h) The applicable height limit shall be 450 feet for the
following areas:
(1) The half block to the south of J Street between 16th Street on
the east and a line parallel to and 200 feet west of 12th Street on
the west.
(2) The half block to the south of J Street between a line
parallel to and 200 feet to the east of 10th Street on the east and
7th Street on the west.
(3) The half block to the north of K Street between a line
parallel to and 200 feet to the east of 7th Street on the east and
7th Street on the west.
8162.8. Notwithstanding any other provision of law, the following
setback requirements shall apply:
(a) Buildings in the first half block north of L Street between a
line parallel to and 200 feet to the east of 15th Street on the east
and a line parallel to and 200 feet to the west of 9th Street on the
west, and buildings in the first half block west of 9th Street
between L Street on the north and N Street on the south shall be
subject to the following setback requirements:
(1) Each building shall be set back not less than 15 feet from the
property line along L Street or 9th Street.
(2) Buildings may be designed to include street level pedestrian
oriented features such as arcades, plazas, or building bases. These
features may extend up to six feet into the required 15-foot setback
area, but shall not exceed 30 feet in height.
(b) Buildings in the first half block east of 15th Street between
L Street on the north and N Street on the south shall be subject to
the following setback requirements:
(1) Each building shall be set back not less than 9 feet from the
property line along 15th Street.
(2) That portion of each building exceeding 60 feet shall be set
back not less than 15 feet from the base of the building along 15th
Street.
(c) Buildings in the first half block east of 11th Street between
I Street on the north and a line parallel to and 210 feet to the
south of K Street on the south, and buildings in the first half block
to the west of 11th Street between H Street on the north and a line
parallel to and 210 feet to the south of K Street on the south, shall
be subject to the following setback requirement:
That portion of each building exceeding 70 feet or five floors,
whichever is lower, shall be set back not less than 30 feet from the
base of the building along Capitol Mall and 11th Street.
8162.9. (a) Notwithstanding subdivision (a) of Section 8162.7, a
96-foot height limit shall apply to construction, exclusively for the
purposes of residential development, for Lot 4, Block 223 (known as
Capitol Area Development Authority Residential Site 21) surrounded by
N Street on the north, 14th Street on the east, 120 feet west of
14th Street on the west, and one quarter of a half block to the south
of N Street on the south.
(b) Notwithstanding any other provision of law, development on the
city blocks surrounding the Stanford Mansion located at 802 N
Street, and the Heilbron Mansion located at 704 O Street, shall be
environmentally sensitive to these historic mansions. Copies of
environmental documents for any development on the city blocks
surrounding these mansions shall be distributed by the State
Clearinghouse within the Governor's Office of Planning and Research
to the State Office of Historic Preservation, and other agencies as
required by the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code.
8163. The Capitol Area Plan was established for the orderly
development of the state's facilities in the metropolitan area and
the department shall be continuously responsible for necessary
revisions and for formulating and carrying out long-range development
plans.
(a) When considering recommendations for changes in the Capitol
Area Plan and in formulating the long-range plans, the department
shall take into consideration the following factors:
(1) The needs of the state, the City of Sacramento, and the County
of Sacramento and eastern Yolo County, relative to the location and
design of residential, commercial, and office buildings to be
constructed, rehabilitated and restored, parking and transit
facilities, traffic or fountains as may be deemed desirable for the
beautification and livability of the area; and
(2) The ordinances, plans, requirements, and proposed improvements
of the City of Sacramento and the County of Sacramento and eastern
Yolo County, including but not limited to, zoning regulations,
population trends, plans for regional transit development, and the
general plan of the City of Sacramento; and
(3) Any other factors which bear upon the orderly, integrated, and
cooperative development by the state, the City of Sacramento, and
the County of Sacramento and eastern Yolo County, of property in the
metropolitan area.
(b) Specific building plans for the location of state buildings,
residential housing, parking structures, and other improvements on
state-owned land in the core area shall be responsive to the
following program goals:
(1) To supply an additional two million gross square feet of
office space which will be available for state occupancy by the year
2000. This office space shall be within or contiguous to the core
area; and
(2) To develop parking and transportation facilities in the
metropolitan area to support the state's needs in the core area as
projected in the Capitol Area Plan; and
(3) To expand the supply of private and publicly owned housing in
the Capitol area to accommodate approximately 3,500 people by the
year 2000.
8164. Commencing January 1, 1979, the department shall report to
the Joint Legislative Budget Committee and each Member of the
Legislature annually. The report shall summarize all of the
following:
(a) Leases by the state to others for residential or commercial
purposes in the Capitol area.
(b) Sales or building construction initiated or completed by the
state in the metropolitan area expenditures under authority of
Section 8169.1, by type.
(c) Transactions and operations of joint powers agencies under
authority of Section 8169.4, since the last report.
(d) The department's appraisal of the degree to which projects
conform to the Capitol Area Plan.
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31st of the fourth
year after the end of the prior term, except that appointments to
fill vacancies occurring for any reason other than the expiration of
the term shall be for the unexpired portion of the term in which they
occur. The members of the board shall hold office until their
successors are appointed and qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.2. (a) The committee shall elect a chairperson. The committee
shall meet at least quarterly or upon the call of the chairperson or
the written request of any three members.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8165. The Legislature finds and declares:
(a) There is clear justification and need for the creation of a
beautiful and impressive western approach to the capital city of
California, which coordinates and integrates the planning and
development of all major elements in the immediate environment, and
emphasizes the most important single structure in the complex, the
State Capitol Building.
(b) In order to provide for the formulation and implementation of
a long-range, funded program for beautification of the mall, which is
coordinated with the plans of the multiplicity of interests
involved, it is necessary to assign responsibility and authority
sufficient to achieve these objectives to a single agency. The
department is the agency most able to effectively carry out this
assignment.
8166. The department shall have the overall responsibility and
authority for the formulation and implementation of a long-range
master plan for the improvement of the Capitol Mall. Such plan shall
be integrated and compatible with the development plans of all
appropriate public and private interests, including the Sacramento
Central City Development Projects. The principal objective of this
master plan shall be to provide a physical and aesthetic expression
in the approaches to the State Capitol Complex and to embody the best
the state can produce in coordinated environmental planning and
architectural integrity.
8167. That portion of Route 275 that extends from the end of the
Sacramento River Bridge in the City of Sacramento to the junction of
Capitol Avenue and Ninth Street in Sacramento is hereby designated as
the "Capitol Mall" and shall be an integral part of the Capitol Area
Plan.
8168. The department, in addition to the other powers granted by
this article, shall have the express power to do all acts necessary
to accomplish the overall planning and beautification of the Capitol
Mall contemplated by the 1968 amendments to former Article 1
(commencing with Section 8160) of Chapter 2.8 of Division 1 of Title
2. Such powers shall include, but not be limited to, the active
solicitation for and acceptance of any gifts or grants from whatever
source available.
8169. (a) The director may lease the real property owned by the
state within the core area, and not under the jurisdiction of any
other state agency, for purposes consistent with the Capitol Area
Plan and the management thereof, for the term and upon terms and
conditions that the director may deem appropriate. A lease shall
provide that any property subsequently leased by a joint powers
authority for which a lease or rental for a period of five years or
more is contemplated, shall be advertised and awarded utilizing for
the purpose the same procedure followed by the director for other
state properties. The director's authority to lease real property
under this section shall include, but not be limited to, the
authority to lease portions of buildings and facilities occupied or
to be occupied in part by state agencies, to private parties, and
other public agencies for office, residential, parking, and
commercial uses consistent with the Capitol Area Plan.
(b) The director may sell real property that is owned by the state
within the Capitol Area Plan area that is not under the jurisdiction
of any other state agency and that is designated for residential and
commercial purposes in the 1997 update of the plan. If the director
sells property under this section, that property shall be sold at its
fair market value to the joint powers authority created pursuant to
Section 8169.4 for resale and use in the development of residential
and commercial properties consistent with the Capitol Area Plan. In
addition, any property sold under this section shall not diminish the
number of existing dwelling units or subsequently developed units
that are required to be made available to low-income households
pursuant to Section 8193. For the purposes of Section 8193, an
existing residential dwelling unit or a subsequently developed unit
located on land sold pursuant to this section shall continue to be
included in the determination of the total number of dwelling units
located on property leased by the joint powers authority created
pursuant to Section 8169.4.
The director may not sell any existing residential properties
pursuant to this subdivision that are under the management of the
joint powers authority created pursuant to Section 8169.4 unless that
sale is part of an overall development plan that will lead to a net
increase in residential units on the affected site or sites.
In addition, the director may not sell any existing residential
properties pursuant to this subdivision that are under the management
of the joint powers authority created pursuant to Section 8169.4
unless a deed restriction is recorded against the properties that
contains an express condition and covenant that the real property
conveyed shall be used only for residential purposes for a period of
at least 45 years. "Residential purposes" means the same or
substantially similar multifamily, single-family, or condominium use,
or a mixed use, with the same or greater number of residential units
on the affected site. The terms of the restriction are for the
benefit of the public at large and for the benefit of all parcels of
land located within the boundaries of the Capitol Area Plan. The
residential use required by this subdivision shall bind all
successive owners of the property for a period of 45 years from the
date the property is conveyed by the joint powers authority.
(c) With respect to residential leases, the director's authority
included in this section shall not extend beyond the Capitol area.
The director shall assure that tenants residing within the Capitol
area are not involuntarily displaced as a result of leases executed
after January 1, 1978. The director's authority shall also include
the authority to enter into long-term leases not to exceed 60 years
and to pledge, subordinate, hypothecate, or to permit the assignment
of these leases in connection with financing to be obtained by any
lessee or sublessee.
(d) The director may not execute a sales agreement or lease
agreement for a term lease of more than five years between the state
and another entity, enter into a joint powers agreement, or issue
revenue bonds or notes of evidences of indebtedness offered by the
joint powers authority, if the agreement concerns state-owned
property in the County of Sacramento or the County of Yolo, unless
not less than 30 days prior to its execution he or she notifies and
provides an economic analysis of the proposed sale to the Members of
the Legislature who represent the Capitol area and the chairman of
the committee in each house of the Legislature which considers
appropriations, the chairman of the appropriate policy committee in
each house, and the Chairman of the Joint Legislative Budget
Committee, or his or her designee, in writing of his or her intention
to execute such an agreement. The chairman of the committee or his
or her designee may determine a lesser notification period prior to
execution. A copy of the notice shall be provided to any person who
requests the director in writing for the notice.
(e) The Legislature hereby finds that it will be of broad public
benefit to stimulate development of residential and commercial
components of the Capitol Area Plan. Therefore, the director may sell
property to the joint powers authority created pursuant to Section
8169.4 at a price that is determined to be its fair market value and
terms that have been determined to be appropriate to stimulate timely
development to meet the goals set forth by the Legislature in the
1997 update of the Capitol Area Plan. The Capitol Area Development
Authority may request these sales after providing the director with
appropriate economic analysis in support of the value at which
property is to be conveyed. The director may approve the sale of the
property if he or she concurs with the economic analysis.
(f) The Legislature hereby finds that it will be of broad public
benefit to lease some residential units in the Capitol area to
persons and families of low or moderate income, as defined by Section
50093 of the Health and Safety Code, for less than prevailing market
rental rates. Therefore, the director may rent or provide for the
rental of residential facilities to persons and families of low or
moderate income for less than market rental rates and enter into
long-term ground leases at nominal or below market rental rates when
the director deems it will benefit these persons and families.
(g) All leases of state-owned property in the core area to any
private person for other than parking shall be subject to possessory
interest taxes in accordance with Chapter 1 (commencing with Section
101) of Part 1 of Division 1 of the Revenue and Taxation Code.
(h) The net proceeds of any moneys received from the disposition
of any state parcels sold pursuant to subdivision (b) shall be
deposited into the General Fund. The department shall be reimbursed
for any cost or expense incurred in the disposition of any parcels.
8169.1. The director may maintain, repair, alter, sell, remove, or
demolish buildings or other structures within the Capitol area when
the director deems it desirable to do so, and may construct such
structures, facilities, alterations, and improvements as are
consistent with the Capitol Area Plan. All moneys collected pursuant
to this section and Section 8169 shall be deposited in the General
Fund as provided by Section 15863. All moneys now and hereafter
deposited in said account shall be available for the purposes set
forth in Section 15863, and for the payment of all costs and
expenses, including administrative costs and expenses, incurred in
performing any work, acts or functions authorized by Sections 8160 to
8169.4, inclusive, including maintenance, alterations, repairs,
demolition, minor construction, purchase of furnishings, relocation
of tenants, and the implementation of all other policies and programs
set forth in the Capitol Area Plan, such as, but without being
limited to, parking and transit programs; provided, however, that as
of July 1, 1982, all moneys collected pursuant to this section and
Section 8169 shall be deposited in the General Fund and are
continuously appropriated to the Department of General Services for
the payment of all costs and expenses, including administrative costs
and expenses, incurred in performing any of the above referred to
work, acts or functions and the implementation of all policies and
programs set forth in the Capitol Area Plan. Commencing July 1, 1984,
any unneeded balance in the appropriation made by this section shall
be transferred by the Controller on order of the Director of General
Services to the unencumbered balance of the General Fund.
8169.2. The director shall promulgate regulations for relocation
payments and assistance consistent with the requirements of Sections
51063 and 51310 of the Health and Safety Code.
8169.3. Construction of parking structures in the core area on
state-owned property for the use of the state pursuant to Section
14671.5 is hereby authorized by the Legislature.
8169.4. The department and the City of Sacramento are authorized to
enter into an agreement pursuant to the provisions of Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 to accomplish
any of the purposes or objectives set forth in the Capitol Area Plan
as provided for by this article. For the purposes of Section 6502,
the power to accomplish any such purpose or objective shall be
considered to be a power common to the contracting parties. The
department may provide moneys for the operation of the joint powers
authority from the funds appropriated by Section 8169.1, or from any
other moneys available for such purpose, and the director may lease
any of the property in the core area to the authority, with or
without consideration, and upon such terms and conditions as the
director deems necessary to accomplish the purposes and objectives
set forth in the Capitol Area Plan. The authority may issue revenue
bonds, notes or evidences of indebtedness as provided in Article 2
(commencing with Section 6540) of Chapter 5 of Division 7 of Title 1.
8169.5. (a) In furtherance of the Capitol Area Plan, the objectives
of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of the
Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
(b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
(i) The request for qualifications.
(ii) Site development guidelines.
(iii) Architectural and all system design requirements for the
facilities.
(iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
(v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
(B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
(C) If the department proceeds to acquire the facilities on a
design-build basis, in addition to any other requirements imposed
pursuant to this section, notwithstanding Section 7550.5, the
department shall provide the Legislature, beginning on July 1, 1999,
and every three months thereafter until the facilities are completed,
with a status report that includes information regarding any
benefits that the state may have realized from use of the
design-build approach, any problems that have been encountered from
the use of a design-build approach, and lessons learned that may be
applied to a future project. The department shall issue a final
report when the facilities are completed.
(D) If the department proposes to contract for construction
separate from design, the department shall, prior to commencing work
on working drawings for the facilities on blocks 171, 172, 173, 174,
and 225, submit to the Legislature a copy of the preliminary plans
for the facilities and a detailed and specific space program for the
facilities that identifies the specific spatial needs of the state
agencies.
(E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
(i) A final estimated cost for design, construction, and other
costs.
(ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
(3) Except for the reports specified in subparagraph (C) of
paragraph (2), the department shall submit to the Legislature the
information required to be submitted pursuant to paragraphs (2) and
(6) on or before December 1, 1998. Except for those contracts and
agreements necessary to prepare the information required by
paragraphs (2) and (6), the department shall not solicit bids to
enter into any agreement to design and build or otherwise acquire the
facilities or commence work on working drawings on block 171, 172,
173, 174, or 225 sooner than the later of April 1, 1999, or 120 days
after the department submits to the Legislature the information
required to be submitted pursuant to paragraphs (2) and (6). The
Legislative Analyst shall evaluate the information submitted to the
Legislature and shall prepare a report to the Joint Committee on
Rules within 60 days of receiving the documents submitted to the
Legislature. It is the intent of the Legislature that the Joint
Committee on Rules meet prior to the date the department is
authorized to solicit bids to design and build or otherwise acquire
the facilities or commence work on working drawings for the purposes
of discussing the report from the Legislative Analyst and adopting a
report with any recommendations to the department on changes to the
site design criteria, performance criteria, and specifications and
specific criteria for determining the winning bidder. If the Joint
Committee on Rules adopts a report prior to the date the department
is authorized to solicit bids to design and build or otherwise
acquire the facilities or commence work on working drawings, the
department may solicit the bids or commence the work when the report
is adopted by the Joint Committee on Rules. The Senate Committee on
Rules and the Speaker of the Assembly may designate members of their
respective houses to monitor the progress of the preparation of the
documents to be submitted pursuant to paragraph (2). The department
shall prepare periodic progress reports and meet with the designated
members or their representatives, as necessary, while preparing the
documents.
(4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
(5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
(6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
(d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
8169.6. (a) (1) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of
approximately 1,400,000 gross square feet of office space on
state-owned land in the Capitol area in downtown Sacramento on Block
204 (bounded by 7th, 8th, O, and P Streets) or Block 203 (bounded by
7th, 8th, N, and O Streets), or both of those blocks. The project
shall include associated parking onsite and in a parking garage to be
constructed on Block 266 (bounded by 8th, 9th, Q, and R Streets).
The project cost shall include the cost of rehabilitation of the
Heilbron House currently located on Block 204, and the project cost
may include the cost of relocation of the Heilbron House.
(2) The project may include residential development and additional
commercial space, subject to all of the following conditions:
(A) The inclusion of the residential development and additional
commercial space shall not reduce the scope of the approximately
1,400,000 gross square feet of office space described in paragraph
(1).
(B) The inclusion of the residential development and additional
commercial space shall not expand the state's cost beyond that
authorized in paragraph (3) of subdivision (b).
(C) Any cost associated with the residential space shall not be
funded by any lease-revenue bonds authorized for the project.
(D) Notwithstanding subdivision (b) of Section 8169, the
department may sell, lease, or otherwise transfer a portion of the
parcel not used to develop the approximately 1,400,000 gross square
feet of office space described in paragraph (1) to the Capitol Area
Development Authority created by the joint powers agreement executed
pursuant to Section 8169.4, a private developer, or both, for the
residential or additional commercial development.
(E) The residential and additional commercial development may be
funded and constructed by the Capitol Area Development Authority, a
private developer, or both.
(F) In order to address security concerns, no part of the
residential development may be included in the same structure as the
approximately 1,400,000 gross square feet of office space described
in paragraph (1). This restriction applies to residential living
quarters, residential parking, and any utilities necessary for the
residential development.
(b) (1) The department may contract for the lease, lease-purchase,
lease with an option to purchase, acquisition, design, design-build,
construction, deconstruction, construction management, and other
services related to the design and construction of the office and
parking facilities. If the director selects design-build as the
method of delivery, the department shall use the method of
design-build authorized by clause (i) of subparagraph (A) of
paragraph (3) of subdivision (d) of Section 14661. The State Public
Works Board may issue revenue bonds, negotiable notes, or negotiable
bond anticipation notes pursuant to the State Building Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3)
to finance all costs associated with the acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the Department of General
Services shall commit a sufficient amount of its support budget to
repay any outstanding loans. It is the intent of the Legislature that
this commitment shall be included in future Budget Acts until all
outstanding loans are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of land, planning, preliminary plans, working drawings or
concept drawings, performance criteria, construction, deconstruction,
furnishings, equipment, construction management and supervision,
other costs relating to the design and construction of the
facilities, exercising any purchase option, and any additional sums
necessary to pay interim and permanent financing costs. The
additional amount may include interest and the establishment of a
reasonable construction reserve fund to ensure that the funds are
available in the event future augmentations are needed to complete
the facilities authorized by this section. If the construction
reserve funds are not needed to complete construction, they shall be
used to repay the future debt payments.
(3) Authorized costs of the facilities for planning, concept
drawings or preliminary plans, working drawings, demolition,
construction, and other costs shall not exceed three hundred
ninety-one million dollars ($391,000,000). Notwithstanding Section
13332.11, the State Public Works Board may authorize the augmentation
of the amount authorized under this paragraph by up to 10 percent of
the amount authorized.
(4) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable consolidated office space over the same time period.
The department shall perform this analysis and shall obtain interest
rates, discount rates, and Consumer Price Index figures from the
Treasurer. For purposes of this analysis, the department shall
compare the cost of acquiring and operating the proposed facilities
with the amount saved from not having to pay the cost of leasing and
operating an equivalent amount of comparable consolidated office
space that would no longer need to be leased.
(5) The department is authorized and directed to execute and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the project described in this section.
(6) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800) of
Division 3). This paragraph does not exempt the department from the
requirements of the California Environmental Quality Act. This
paragraph is declarative of existing law.
8160. The plan for location of state buildings and other
improvements in the central city of the City of Sacramento, approved
by the director on March 15, 1977, and titled "Capitol Area Plan," is
the official state master plan for development in the central city.
It is hereby designated the Capitol Area Plan. It shall be a guide
for future state policy in the expansion of the state's physical
plant and in the locating of state buildings and other facilities in
the metropolitan area.
Any changes in the objectives of the Capitol Area Plan shall be
approved by a majority vote of both houses of the Legislature.
8160.1. The following terms, used in this article, shall be given
the following meanings:
(a) "Metropolitan area" means the greater metropolitan Sacramento
area, including the City of Sacramento, the County of Sacramento, and
the eastern part of Yolo County.
(b) "Central city" means that area of the City of Sacramento
bounded on the north by the American River, on the west by the
Sacramento River, and on the south and east by Interstate Highway 80.
(c) "Core area" means that area of the City of Sacramento within
the area bounded by "G" Street on the north, "R" Street on the south,
5th Street on the west, and 17th Street on the east.
(d) "Capitol area" includes both of the following:
(1) The area of the City of Sacramento which is bounded on the
north by "L" Street, on the south by "R" Street, excepting that
portion lying between 11th and 12th Streets which southern boundary
shall be the alley lying between "R" and "S" Streets, on the west by
5th Street, and on the east by 17th Street, and referring
specifically to those blocks within those boundaries containing
state-owned properties. The streets bounding the Capitol area are
included therein, and this does not constitute a change in, but is
declaratory of the existing law.
(2) The area of the City of Sacramento which is bounded on the
north by "Q" Street, on the south by "S" Street, on the west by 17th
Street, and on the east by the westerly edge of the current
right-of-way for the rail lines running north and south between 19th
and 20th Streets, and which is bounded on the north by "R" Street,
excepting that portion lying between 11th and 12th Streets which
northern boundary shall be the alley lying between "R" and "S"
Streets, on the south by "S" Street, on the west by 10th Street, and
on the east by 17th Street, inclusive, of the streets therein.
(e) "Department" means the Department of General Services.
(f) "Director" means the Director of General Services.
8161. The department may request the assistance and advice of any
state agency in the development of the master plan. Any state agency
receiving such a request may render such assistance and advice to the
department.
8162. The department shall inform the City of Sacramento and the
County of Sacramento of the master plan, and subsequent revisions
thereof, and shall make every effort to cooperate with appropriate
city and county officials to the end that the development efforts of
the state, city and county may be integrated and may proceed without
friction.
8162.5. (a) This section and Sections 8162.6, 8162.7, 8162.8, and
8162.9 shall be known as the Capitol View Protection Act.
(b) "Capitol Park" means the area lying between 9th Street on the
west, 15th Street on the east, N Street on the south, and L Street on
the north.
(c) "Height limit" means the highest point of the building except
for the following unoccupied elements: building caps that serve a
decorative function and rooftop mechanical equipment that is screened
and placed in a location furthest away when viewed from the State
Capitol or Capitol Park.
(d) "Block" means a reference to a block in a specified direction
from a given numbered street bounded by the center line of the given
street and the center line of the adjacent numbered street in the
specified direction. A reference to a block in a specified direction
from a given lettered street shall mean the property bounded by the
center line of the specified street and the center line of the
adjacent lettered street in the specified direction. A reference to a
block may also be defined by specific stated lines on opposite sides
of a given street, but parallel to the center line of the street.
(e) "Half block" means a reference to a half block in a specified
direction from a given numbered street bounded by the center line of
the given street and a line parallel to, and 200 feet in the
specified direction from, the center line of the given street. A
reference to a half block in a specified direction from a given
lettered street shall mean the property bounded by the center line of
the given street and a line parallel to, and 210 feet in the
specified direction from, the center line of the given street.
(f) "Street" means, for purposes of the height restrictions and
setback requirements, the center line of the street.
(g) "Abandoned or built across streets" means an instance in which
a portion of a given street has been abandoned or built across. A
reference to the given street shall mean the center line of the
street that would have existed if the street had not been abandoned
or built across, and was the same width as the existing given street.
(h) "K Street" shall mean, for property west of 14th Street, the
center line of the K Street Mall.
8162.6. The Legislature hereby finds and declares all of the
following:
(a) Sacramento's State Capitol and Capitol Park provide the City
of Sacramento with a unique cultural and open-space resource that is
a major attraction for thousands of visitors each year.
(b) Over the past 10 years, the skyline of downtown Sacramento has
changed dramatically, signifying the city's diversity as a center of
commerce and government. As a result of this growth, the State
Capitol no longer has the most prominent position on the skyline.
(c) In the last three years, 10 major project office buildings
have been constructed or approved within the downtown's C-3 zone and
approximately 14 additional buildings have been proposed. This growth
has prompted increased community concern about preservation of the
visual prominence of the State Capitol.
(d) Since June of 1990, state officials have been working with the
city toward developing a plan that would guide future development
downtown in a way that would preserve and enhance the visual
prominence of the State Capitol and the character and scale of
Capitol Park.
8162.7. Notwithstanding any other provision of law, except as
provided in Section 8162.9, the following height limits shall apply
as follows:
(a) The applicable height limit shall be 80 feet for the following
areas:
(1) The block surrounded by L Street on the north, 16th Street on
the east, Capitol Avenue on the south, and 15th Street on the west.
(2) The half block surrounded by Capitol Avenue on the north, 16th
Street on the east, 15th Street on the west, and a line parallel to
and 210 feet to the south of Capitol Avenue on the south.
(3) The half block to the east of 15th Street between a line
running parallel to and 210 feet to the north of N Street on the
north, and a line running parallel to and 210 feet to the south of N
Street on the south.
(4) The half block to the south of N Street between 15th Street on
the east, and a line parallel to and 200 feet to the west of 9th
Street on the west.
(b) The applicable height limit shall be 120 feet for the
following area:
The blocks between L Street on the north, 17th Street on the east,
N Street on the south and 16th Street on the west.
(c) The applicable height limit shall be 150 feet for the
following areas:
(1) The half block to the west of 16th Street between a line
parallel to and 210 feet to the north of N Street on the north, and a
line parallel to and 210 feet to the south of N Street on the south.
(2) The half block to the north of O Street between 16th Street on
the east and 8th Street on the west.
(3) The half block to the south of N Street between 8th Street on
the west and a line parallel to and 200 feet to the east of 8th
Street on the east.
(4) The block to the south of O Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet to the west of 11th Street on the west.
(5) The half block to the north of L Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 9th
Street on the west.
(6) The half block to the west of 9th Street between L Street on
the north and N Street on the south.
(d) The applicable height limit shall be 250 feet for the
following areas:
(1) The half block to the south of O Street between 13th Street
and a line parallel to and 200 feet to the west of 12th Street.
(2) The half block to the south of O Street between a line
parallel to and 200 feet to the east of 10th Street on the east, and
a line parallel to and 200 feet to the west of 8th Street on the
west.
(3) The half block to the west of 8th Street between N Street on
the north and O Street on the south.
(4) The half block to the south of K Street between 12th Street on
the east and 10th Street on the west.
(5) The block to the north of K Street between a line parallel to
and 200 feet to the west of 11th Street on the west, and a line
parallel to and 200 feet to the east of 11th Street on the east.
(e) The applicable height limit shall be 300 feet for the
following areas:
(1) The half block to the south of K Street, between 16th Street
on the east and 12th Street on the west.
(2) The half block to the South of K Street, between 10th Street
on the east and 8th Street on the west.
(3) The half block east of 8th Street, between a line parallel to
and 210 feet to the north of L Street on the north and N Street on
the south.
(f) The applicable height limit shall be 350 feet for the
following areas:
(1) The block to the north of J Street between a line parallel to
and 200 feet to the east of 11th Street on the east and a line
parallel to and 200 feet west of 11th Street on the west.
(2) The half block to the north of I Street, between 11th Street
on the east and a line parallel to and 200 feet to the west of 11th
Street on the west.
(g) The applicable height limit shall be 400 feet for the
following areas:
(1) The half block to the north of K Street between 16th Street on
the east and a line parallel to and 200 feet to the west of 12th
Street on the west.
(2) The half block to the north of K Street between a line
parallel to and 200 feet east of 10th Street on the east and a line
parallel to and 200 feet west of 8th Street on the west.
(3) The block to the west of 8th Street between K Street on the
north and N Street on the south.
(h) The applicable height limit shall be 450 feet for the
following areas:
(1) The half block to the south of J Street between 16th Street on
the east and a line parallel to and 200 feet west of 12th Street on
the west.
(2) The half block to the south of J Street between a line
parallel to and 200 feet to the east of 10th Street on the east and
7th Street on the west.
(3) The half block to the north of K Street between a line
parallel to and 200 feet to the east of 7th Street on the east and
7th Street on the west.
8162.8. Notwithstanding any other provision of law, the following
setback requirements shall apply:
(a) Buildings in the first half block north of L Street between a
line parallel to and 200 feet to the east of 15th Street on the east
and a line parallel to and 200 feet to the west of 9th Street on the
west, and buildings in the first half block west of 9th Street
between L Street on the north and N Street on the south shall be
subject to the following setback requirements:
(1) Each building shall be set back not less than 15 feet from the
property line along L Street or 9th Street.
(2) Buildings may be designed to include street level pedestrian
oriented features such as arcades, plazas, or building bases. These
features may extend up to six feet into the required 15-foot setback
area, but shall not exceed 30 feet in height.
(b) Buildings in the first half block east of 15th Street between
L Street on the north and N Street on the south shall be subject to
the following setback requirements:
(1) Each building shall be set back not less than 9 feet from the
property line along 15th Street.
(2) That portion of each building exceeding 60 feet shall be set
back not less than 15 feet from the base of the building along 15th
Street.
(c) Buildings in the first half block east of 11th Street between
I Street on the north and a line parallel to and 210 feet to the
south of K Street on the south, and buildings in the first half block
to the west of 11th Street between H Street on the north and a line
parallel to and 210 feet to the south of K Street on the south, shall
be subject to the following setback requirement:
That portion of each building exceeding 70 feet or five floors,
whichever is lower, shall be set back not less than 30 feet from the
base of the building along Capitol Mall and 11th Street.
8162.9. (a) Notwithstanding subdivision (a) of Section 8162.7, a
96-foot height limit shall apply to construction, exclusively for the
purposes of residential development, for Lot 4, Block 223 (known as
Capitol Area Development Authority Residential Site 21) surrounded by
N Street on the north, 14th Street on the east, 120 feet west of
14th Street on the west, and one quarter of a half block to the south
of N Street on the south.
(b) Notwithstanding any other provision of law, development on the
city blocks surrounding the Stanford Mansion located at 802 N
Street, and the Heilbron Mansion located at 704 O Street, shall be
environmentally sensitive to these historic mansions. Copies of
environmental documents for any development on the city blocks
surrounding these mansions shall be distributed by the State
Clearinghouse within the Governor's Office of Planning and Research
to the State Office of Historic Preservation, and other agencies as
required by the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code.
8163. The Capitol Area Plan was established for the orderly
development of the state's facilities in the metropolitan area and
the department shall be continuously responsible for necessary
revisions and for formulating and carrying out long-range development
plans.
(a) When considering recommendations for changes in the Capitol
Area Plan and in formulating the long-range plans, the department
shall take into consideration the following factors:
(1) The needs of the state, the City of Sacramento, and the County
of Sacramento and eastern Yolo County, relative to the location and
design of residential, commercial, and office buildings to be
constructed, rehabilitated and restored, parking and transit
facilities, traffic or fountains as may be deemed desirable for the
beautification and livability of the area; and
(2) The ordinances, plans, requirements, and proposed improvements
of the City of Sacramento and the County of Sacramento and eastern
Yolo County, including but not limited to, zoning regulations,
population trends, plans for regional transit development, and the
general plan of the City of Sacramento; and
(3) Any other factors which bear upon the orderly, integrated, and
cooperative development by the state, the City of Sacramento, and
the County of Sacramento and eastern Yolo County, of property in the
metropolitan area.
(b) Specific building plans for the location of state buildings,
residential housing, parking structures, and other improvements on
state-owned land in the core area shall be responsive to the
following program goals:
(1) To supply an additional two million gross square feet of
office space which will be available for state occupancy by the year
2000. This office space shall be within or contiguous to the core
area; and
(2) To develop parking and transportation facilities in the
metropolitan area to support the state's needs in the core area as
projected in the Capitol Area Plan; and
(3) To expand the supply of private and publicly owned housing in
the Capitol area to accommodate approximately 3,500 people by the
year 2000.
8164. Commencing January 1, 1979, the department shall report to
the Joint Legislative Budget Committee and each Member of the
Legislature annually. The report shall summarize all of the
following:
(a) Leases by the state to others for residential or commercial
purposes in the Capitol area.
(b) Sales or building construction initiated or completed by the
state in the metropolitan area expenditures under authority of
Section 8169.1, by type.
(c) Transactions and operations of joint powers agencies under
authority of Section 8169.4, since the last report.
(d) The department's appraisal of the degree to which projects
conform to the Capitol Area Plan.
8164.1. There is in state government a Capitol Area Committee
consisting of nine members who shall be appointed in the following
manner:
(a) Four members of the committee shall be appointed by the
Governor of which at least one member shall be appointed from a list
of three candidates submitted by the City of Sacramento and at least
one member shall be appointed from a list of three candidates
submitted by the County of Sacramento. Two members shall be appointed
for a term expiring December 31, 1979, and two for a term expiring
December 31, 1981.
(b) Two members shall be appointed by the Speaker of the Assembly,
one of whom may be a Member of the Assembly, and two members shall
be appointed by the Senate Rules Committee, one of whom may be a
Member of the Senate. Legislative members of the committee shall meet
and, except as otherwise provided by the Constitution, advise the
department to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. Of the four appointments by the Legislature, two shall
be appointed for a term expiring December 31, 1979, and two for a
term expiring December 31, 1981.
(c) One shall be appointed by and serve at the pleasure of the
director.
Subsequent appointments pursuant to subdivisions (a) and (b) shall
be for terms of four years, ending on December 31st of the fourth
year after the end of the prior term, except that appointments to
fill vacancies occurring for any reason other than the expiration of
the term shall be for the unexpired portion of the term in which they
occur. The members of the board shall hold office until their
successors are appointed and qualify.
The members of the committee shall not receive compensation from
the state for their services under this article but, when called to
attend a meeting of the committee, shall be reimbursed for their
actual and necessary expenses incurred in connection with the meeting
in accordance with the rules of the Department of Personnel
Administration.
(d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.2. (a) The committee shall elect a chairperson. The committee
shall meet at least quarterly or upon the call of the chairperson or
the written request of any three members.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8164.3. (a) It is the purpose of the committee to independently
review the reports of the department to the Legislature and counsel
and advise the department in the carrying out of its responsibilities
related to the Capitol Area Plan. The committee may submit separate
comments on the departmental reports on the Capitol Area Plan to the
Legislature. The committee shall involve a broad cross section of
interested citizens in the form of an advisory body. The advisory
body shall serve without compensation.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
8165. The Legislature finds and declares:
(a) There is clear justification and need for the creation of a
beautiful and impressive western approach to the capital city of
California, which coordinates and integrates the planning and
development of all major elements in the immediate environment, and
emphasizes the most important single structure in the complex, the
State Capitol Building.
(b) In order to provide for the formulation and implementation of
a long-range, funded program for beautification of the mall, which is
coordinated with the plans of the multiplicity of interests
involved, it is necessary to assign responsibility and authority
sufficient to achieve these objectives to a single agency. The
department is the agency most able to effectively carry out this
assignment.
8166. The department shall have the overall responsibility and
authority for the formulation and implementation of a long-range
master plan for the improvement of the Capitol Mall. Such plan shall
be integrated and compatible with the development plans of all
appropriate public and private interests, including the Sacramento
Central City Development Projects. The principal objective of this
master plan shall be to provide a physical and aesthetic expression
in the approaches to the State Capitol Complex and to embody the best
the state can produce in coordinated environmental planning and
architectural integrity.
8167. That portion of Route 275 that extends from the end of the
Sacramento River Bridge in the City of Sacramento to the junction of
Capitol Avenue and Ninth Street in Sacramento is hereby designated as
the "Capitol Mall" and shall be an integral part of the Capitol Area
Plan.
8168. The department, in addition to the other powers granted by
this article, shall have the express power to do all acts necessary
to accomplish the overall planning and beautification of the Capitol
Mall contemplated by the 1968 amendments to former Article 1
(commencing with Section 8160) of Chapter 2.8 of Division 1 of Title
2. Such powers shall include, but not be limited to, the active
solicitation for and acceptance of any gifts or grants from whatever
source available.
8169. (a) The director may lease the real property owned by the
state within the core area, and not under the jurisdiction of any
other state agency, for purposes consistent with the Capitol Area
Plan and the management thereof, for the term and upon terms and
conditions that the director may deem appropriate. A lease shall
provide that any property subsequently leased by a joint powers
authority for which a lease or rental for a period of five years or
more is contemplated, shall be advertised and awarded utilizing for
the purpose the same procedure followed by the director for other
state properties. The director's authority to lease real property
under this section shall include, but not be limited to, the
authority to lease portions of buildings and facilities occupied or
to be occupied in part by state agencies, to private parties, and
other public agencies for office, residential, parking, and
commercial uses consistent with the Capitol Area Plan.
(b) The director may sell real property that is owned by the state
within the Capitol Area Plan area that is not under the jurisdiction
of any other state agency and that is designated for residential and
commercial purposes in the 1997 update of the plan. If the director
sells property under this section, that property shall be sold at its
fair market value to the joint powers authority created pursuant to
Section 8169.4 for resale and use in the development of residential
and commercial properties consistent with the Capitol Area Plan. In
addition, any property sold under this section shall not diminish the
number of existing dwelling units or subsequently developed units
that are required to be made available to low-income households
pursuant to Section 8193. For the purposes of Section 8193, an
existing residential dwelling unit or a subsequently developed unit
located on land sold pursuant to this section shall continue to be
included in the determination of the total number of dwelling units
located on property leased by the joint powers authority created
pursuant to Section 8169.4.
The director may not sell any existing residential properties
pursuant to this subdivision that are under the management of the
joint powers authority created pursuant to Section 8169.4 unless that
sale is part of an overall development plan that will lead to a net
increase in residential units on the affected site or sites.
In addition, the director may not sell any existing residential
properties pursuant to this subdivision that are under the management
of the joint powers authority created pursuant to Section 8169.4
unless a deed restriction is recorded against the properties that
contains an express condition and covenant that the real property
conveyed shall be used only for residential purposes for a period of
at least 45 years. "Residential purposes" means the same or
substantially similar multifamily, single-family, or condominium use,
or a mixed use, with the same or greater number of residential units
on the affected site. The terms of the restriction are for the
benefit of the public at large and for the benefit of all parcels of
land located within the boundaries of the Capitol Area Plan. The
residential use required by this subdivision shall bind all
successive owners of the property for a period of 45 years from the
date the property is conveyed by the joint powers authority.
(c) With respect to residential leases, the director's authority
included in this section shall not extend beyond the Capitol area.
The director shall assure that tenants residing within the Capitol
area are not involuntarily displaced as a result of leases executed
after January 1, 1978. The director's authority shall also include
the authority to enter into long-term leases not to exceed 60 years
and to pledge, subordinate, hypothecate, or to permit the assignment
of these leases in connection with financing to be obtained by any
lessee or sublessee.
(d) The director may not execute a sales agreement or lease
agreement for a term lease of more than five years between the state
and another entity, enter into a joint powers agreement, or issue
revenue bonds or notes of evidences of indebtedness offered by the
joint powers authority, if the agreement concerns state-owned
property in the County of Sacramento or the County of Yolo, unless
not less than 30 days prior to its execution he or she notifies and
provides an economic analysis of the proposed sale to the Members of
the Legislature who represent the Capitol area and the chairman of
the committee in each house of the Legislature which considers
appropriations, the chairman of the appropriate policy committee in
each house, and the Chairman of the Joint Legislative Budget
Committee, or his or her designee, in writing of his or her intention
to execute such an agreement. The chairman of the committee or his
or her designee may determine a lesser notification period prior to
execution. A copy of the notice shall be provided to any person who
requests the director in writing for the notice.
(e) The Legislature hereby finds that it will be of broad public
benefit to stimulate development of residential and commercial
components of the Capitol Area Plan. Therefore, the director may sell
property to the joint powers authority created pursuant to Section
8169.4 at a price that is determined to be its fair market value and
terms that have been determined to be appropriate to stimulate timely
development to meet the goals set forth by the Legislature in the
1997 update of the Capitol Area Plan. The Capitol Area Development
Authority may request these sales after providing the director with
appropriate economic analysis in support of the value at which
property is to be conveyed. The director may approve the sale of the
property if he or she concurs with the economic analysis.
(f) The Legislature hereby finds that it will be of broad public
benefit to lease some residential units in the Capitol area to
persons and families of low or moderate income, as defined by Section
50093 of the Health and Safety Code, for less than prevailing market
rental rates. Therefore, the director may rent or provide for the
rental of residential facilities to persons and families of low or
moderate income for less than market rental rates and enter into
long-term ground leases at nominal or below market rental rates when
the director deems it will benefit these persons and families.
(g) All leases of state-owned property in the core area to any
private person for other than parking shall be subject to possessory
interest taxes in accordance with Chapter 1 (commencing with Section
101) of Part 1 of Division 1 of the Revenue and Taxation Code.
(h) The net proceeds of any moneys received from the disposition
of any state parcels sold pursuant to subdivision (b) shall be
deposited into the General Fund. The department shall be reimbursed
for any cost or expense incurred in the disposition of any parcels.
8169.1. The director may maintain, repair, alter, sell, remove, or
demolish buildings or other structures within the Capitol area when
the director deems it desirable to do so, and may construct such
structures, facilities, alterations, and improvements as are
consistent with the Capitol Area Plan. All moneys collected pursuant
to this section and Section 8169 shall be deposited in the General
Fund as provided by Section 15863. All moneys now and hereafter
deposited in said account shall be available for the purposes set
forth in Section 15863, and for the payment of all costs and
expenses, including administrative costs and expenses, incurred in
performing any work, acts or functions authorized by Sections 8160 to
8169.4, inclusive, including maintenance, alterations, repairs,
demolition, minor construction, purchase of furnishings, relocation
of tenants, and the implementation of all other policies and programs
set forth in the Capitol Area Plan, such as, but without being
limited to, parking and transit programs; provided, however, that as
of July 1, 1982, all moneys collected pursuant to this section and
Section 8169 shall be deposited in the General Fund and are
continuously appropriated to the Department of General Services for
the payment of all costs and expenses, including administrative costs
and expenses, incurred in performing any of the above referred to
work, acts or functions and the implementation of all policies and
programs set forth in the Capitol Area Plan. Commencing July 1, 1984,
any unneeded balance in the appropriation made by this section shall
be transferred by the Controller on order of the Director of General
Services to the unencumbered balance of the General Fund.
8169.2. The director shall promulgate regulations for relocation
payments and assistance consistent with the requirements of Sections
51063 and 51310 of the Health and Safety Code.
8169.3. Construction of parking structures in the core area on
state-owned property for the use of the state pursuant to Section
14671.5 is hereby authorized by the Legislature.
8169.4. The department and the City of Sacramento are authorized to
enter into an agreement pursuant to the provisions of Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 to accomplish
any of the purposes or objectives set forth in the Capitol Area Plan
as provided for by this article. For the purposes of Section 6502,
the power to accomplish any such purpose or objective shall be
considered to be a power common to the contracting parties. The
department may provide moneys for the operation of the joint powers
authority from the funds appropriated by Section 8169.1, or from any
other moneys available for such purpose, and the director may lease
any of the property in the core area to the authority, with or
without consideration, and upon such terms and conditions as the
director deems necessary to accomplish the purposes and objectives
set forth in the Capitol Area Plan. The authority may issue revenue
bonds, notes or evidences of indebtedness as provided in Article 2
(commencing with Section 6540) of Chapter 5 of Division 7 of Title 1.
8169.5. (a) In furtherance of the Capitol Area Plan, the objectives
of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of the
Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
(b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
(i) The request for qualifications.
(ii) Site development guidelines.
(iii) Architectural and all system design requirements for the
facilities.
(iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
(v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
(B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
(C) If the department proceeds to acquire the facilities on a
design-build basis, in addition to any other requirements imposed
pursuant to this section, notwithstanding Section 7550.5, the
department shall provide the Legislature, beginning on July 1, 1999,
and every three months thereafter until the facilities are completed,
with a status report that includes information regarding any
benefits that the state may have realized from use of the
design-build approach, any problems that have been encountered from
the use of a design-build approach, and lessons learned that may be
applied to a future project. The department shall issue a final
report when the facilities are completed.
(D) If the department proposes to contract for construction
separate from design, the department shall, prior to commencing work
on working drawings for the facilities on blocks 171, 172, 173, 174,
and 225, submit to the Legislature a copy of the preliminary plans
for the facilities and a detailed and specific space program for the
facilities that identifies the specific spatial needs of the state
agencies.
(E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
(i) A final estimated cost for design, construction, and other
costs.
(ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
(3) Except for the reports specified in subparagraph (C) of
paragraph (2), the department shall submit to the Legislature the
information required to be submitted pursuant to paragraphs (2) and
(6) on or before December 1, 1998. Except for those contracts and
agreements necessary to prepare the information required by
paragraphs (2) and (6), the department shall not solicit bids to
enter into any agreement to design and build or otherwise acquire the
facilities or commence work on working drawings on block 171, 172,
173, 174, or 225 sooner than the later of April 1, 1999, or 120 days
after the department submits to the Legislature the information
required to be submitted pursuant to paragraphs (2) and (6). The
Legislative Analyst shall evaluate the information submitted to the
Legislature and shall prepare a report to the Joint Committee on
Rules within 60 days of receiving the documents submitted to the
Legislature. It is the intent of the Legislature that the Joint
Committee on Rules meet prior to the date the department is
authorized to solicit bids to design and build or otherwise acquire
the facilities or commence work on working drawings for the purposes
of discussing the report from the Legislative Analyst and adopting a
report with any recommendations to the department on changes to the
site design criteria, performance criteria, and specifications and
specific criteria for determining the winning bidder. If the Joint
Committee on Rules adopts a report prior to the date the department
is authorized to solicit bids to design and build or otherwise
acquire the facilities or commence work on working drawings, the
department may solicit the bids or commence the work when the report
is adopted by the Joint Committee on Rules. The Senate Committee on
Rules and the Speaker of the Assembly may designate members of their
respective houses to monitor the progress of the preparation of the
documents to be submitted pursuant to paragraph (2). The department
shall prepare periodic progress reports and meet with the designated
members or their representatives, as necessary, while preparing the
documents.
(4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
(5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
(6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
(d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
8169.6. (a) (1) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of
approximately 1,400,000 gross square feet of office space on
state-owned land in the Capitol area in downtown Sacramento on Block
204 (bounded by 7th, 8th, O, and P Streets) or Block 203 (bounded by
7th, 8th, N, and O Streets), or both of those blocks. The project
shall include associated parking onsite and in a parking garage to be
constructed on Block 266 (bounded by 8th, 9th, Q, and R Streets).
The project cost shall include the cost of rehabilitation of the
Heilbron House currently located on Block 204, and the project cost
may include the cost of relocation of the Heilbron House.
(2) The project may include residential development and additional
commercial space, subject to all of the following conditions:
(A) The inclusion of the residential development and additional
commercial space shall not reduce the scope of the approximately
1,400,000 gross square feet of office space described in paragraph
(1).
(B) The inclusion of the residential development and additional
commercial space shall not expand the state's cost beyond that
authorized in paragraph (3) of subdivision (b).
(C) Any cost associated with the residential space shall not be
funded by any lease-revenue bonds authorized for the project.
(D) Notwithstanding subdivision (b) of Section 8169, the
department may sell, lease, or otherwise transfer a portion of the
parcel not used to develop the approximately 1,400,000 gross square
feet of office space described in paragraph (1) to the Capitol Area
Development Authority created by the joint powers agreement executed
pursuant to Section 8169.4, a private developer, or both, for the
residential or additional commercial development.
(E) The residential and additional commercial development may be
funded and constructed by the Capitol Area Development Authority, a
private developer, or both.
(F) In order to address security concerns, no part of the
residential development may be included in the same structure as the
approximately 1,400,000 gross square feet of office space described
in paragraph (1). This restriction applies to residential living
quarters, residential parking, and any utilities necessary for the
residential development.
(b) (1) The department may contract for the lease, lease-purchase,
lease with an option to purchase, acquisition, design, design-build,
construction, deconstruction, construction management, and other
services related to the design and construction of the office and
parking facilities. If the director selects design-build as the
method of delivery, the department shall use the method of
design-build authorized by clause (i) of subparagraph (A) of
paragraph (3) of subdivision (d) of Section 14661. The State Public
Works Board may issue revenue bonds, negotiable notes, or negotiable
bond anticipation notes pursuant to the State Building Construction
Act of 1955 (Part 10b (commencing with Section 15800) of Division 3)
to finance all costs associated with the acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the Department of General
Services shall commit a sufficient amount of its support budget to
repay any outstanding loans. It is the intent of the Legislature that
this commitment shall be included in future Budget Acts until all
outstanding loans are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of land, planning, preliminary plans, working drawings or
concept drawings, performance criteria, construction, deconstruction,
furnishings, equipment, construction management and supervision,
other costs relating to the design and construction of the
facilities, exercising any purchase option, and any additional sums
necessary to pay interim and permanent financing costs. The
additional amount may include interest and the establishment of a
reasonable construction reserve fund to ensure that the funds are
available in the event future augmentations are needed to complete
the facilities authorized by this section. If the construction
reserve funds are not needed to complete construction, they shall be
used to repay the future debt payments.
(3) Authorized costs of the facilities for planning, concept
drawings or preliminary plans, working drawings, demolition,
construction, and other costs shall not exceed three hundred
ninety-one million dollars ($391,000,000). Notwithstanding Section
13332.11, the State Public Works Board may authorize the augmentation
of the amount authorized under this paragraph by up to 10 percent of
the amount authorized.
(4) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable consolidated office space over the same time period.
The department shall perform this analysis and shall obtain interest
rates, discount rates, and Consumer Price Index figures from the
Treasurer. For purposes of this analysis, the department shall
compare the cost of acquiring and operating the proposed facilities
with the amount saved from not having to pay the cost of leasing and
operating an equivalent amount of comparable consolidated office
space that would no longer need to be leased.
(5) The department is authorized and directed to execute and
deliver any and all leases, contracts, agreements, or other documents
necessary or advisable to consummate the sale of bonds or otherwise
effectuate the financing of the project described in this section.
(6) The State Public Works Board shall not itself be deemed a lead
or responsible agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for any activities under the State Building
Construction Act of 1955 (Part 10b (commencing with Section 15800) of
Division 3). This paragraph does not exempt the department from the
requirements of the California Environmental Quality Act. This
paragraph is declarative of existing law.
