Bill Text: CA AB121 | 2013-2014 | Regular Session | Chaptered
Bill Title: Counties: disposition of real property.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 224, Statutes of 2013. [AB121 Detail]
Download: California-2013-AB121-Chaptered.html
BILL NUMBER: AB 121 CHAPTERED
BILL TEXT
CHAPTER 224
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 15, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JULY 11, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Dickinson
(Coauthor: Assembly Member Cooley)
JANUARY 14, 2013
An act to add Sections 25536.8 and 25536.9 to the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 121, Dickinson. Counties: disposition of real property.
Existing law authorizes the board of supervisors of a county to
sell or lease any real property belonging to the county, as
specified, provided that the board complies with certain procedural
requirements. Existing law authorizes the board to enter into a
lease, concession, or managerial contract involving county owned,
leased, or managed property for specified purposes, without otherwise
complying with the existing procedural requirements.
This bill would additionally authorize the Sacramento County Board
of Supervisors to sell or enter into a lease, concession, or
managerial contract involving a specified area of county property
that the county has acquired from the federal government due to the
closure of Mather Air Force Base or McClellan Air Force Base, without
complying with the existing procedural requirements referenced
above, in accordance with conditions prescribed in the bill. The
bill, in a similar manner, would additionally authorize the County of
Merced, by a 4/5 vote of the board of supervisors, to sell a
specified area of county property that the county has acquired from
the federal government due to the closure of Castle Air Force Base.
The bill would prohibit the provisions for each county from being
construed to release the county from complying with specified
postcompliance provisions relating to redevelopment successor
agencies, if the relevant property is located in a former
redevelopment area.
This bill would make legislative findings and declarations as to
the necessity of a special statute for those counties relative to the
disposition by each county of the above-described properties.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25536.8 is added to the Government Code, to
read:
25536.8. (a) In addition to the authority provided for in Section
25536, and in accordance with subdivision (b), the Sacramento County
Board of Supervisors, by a four-fifths vote of the board, may sell,
or enter into a lease, concession, or managerial contract involving a
specified area of county property that the county has acquired from
the federal government due to the closure of Mather Air Force Base or
McClellan Air Force Base, without otherwise complying with this
article.
(b) The board shall take an action specified in subdivision (a)
only if the following conditions are met, or if the board makes a
finding in a noticed public hearing that the following conditions
were met at the time the property was acquired from the federal
government:
(1) Reuse of the property is governed solely by the county.
(2) The county has prepared and adopted a general or specific plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of Title 7 and has adopted a zoning ordinance for the
area, and the proposed use is consistent with that general or
specific plan and the zoning ordinance.
(3) The airport land use commission has prepared and adopted a
comprehensive airport land use plan for the area pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code, and the proposed use is
consistent with that plan.
(4) The county has complied with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
Section 65402 with regard to the property, as provided in Section
25350.1.
(5) The county has given notice pursuant to Section 6062a and
posted the notice in the office of the county clerk. The notice shall
specify the date that the board determines that any of the affected
property shall be subject to this section, and shall include all of
the following:
(A) A description of the property proposed to be sold, leased, or
subject to a concession or managerial contract pursuant to this
section.
(B) The proposed terms of the sale, lease, concession, or
managerial contract.
(C) The location where offers will be accepted and executed.
(D) The telephone number and address of the county officer
responsible for executing the sale, lease, concession, or managerial
contract.
(c) This section shall not be construed to release the County of
Sacramento from complying with Chapter 9 (commencing with Section
34191.1) of Part 1.85 of Division 24 of the Health and Safety Code,
if the property is located in a former redevelopment area.
SEC. 2. Section 25536.9 is added to the Government Code, to read:
25536.9. (a) In addition to the authority provided for in Section
25536, and in accordance with subdivision (b), the County of Merced,
by a four-fifths vote of the board of supervisors, may sell a
specified area of county property that the county has acquired from
the federal government due to the closure of Castle Air Force Base,
without otherwise complying with this article.
(b) The board shall take an action specified in subdivision (a)
only if the following conditions are met, or if the board makes a
finding in a noticed public hearing that the following conditions
were met at the time the property was acquired from the federal
government:
(1) Reuse of the property is governed solely by the county.
(2) The county has prepared and adopted a general or specific plan
pursuant to Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of Title 7 and has adopted a zoning ordinance for the
area, and the proposed use is consistent with that general or
specific plan and the zoning ordinance.
(3) The airport land use commission has prepared and adopted a
comprehensive airport land use plan for the area pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code, and the proposed use is
consistent with that plan.
(4) The county has complied with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
Section 65402 with regard to the property, as provided in Section
25350.1.
(5) The county has given notice pursuant to Section 6062a and
posted the notice in the office of the county clerk. The notice shall
specify the date that the board determines that any of the affected
property shall be subject to this section, and shall include all of
the following:
(A) A description of the property proposed to be sold pursuant to
this section.
(B) The proposed terms of the sale.
(C) The location where offers will be accepted and executed.
(D) The telephone number and address of the county officer
responsible for executing the sale.
(c) This section shall not be construed to release the County of
Merced from complying with Chapter 9 (commencing with Section
34191.1) of Part 1.85 of Division 24 of the Health and Safety Code,
if the property is located in a former redevelopment area.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique needs of the County of Sacramento and the
County of Merced relative to the disposition of the properties
acquired from the federal government by those counties pursuant to
the closure of Mather Air Force Base and McClellan Air Force Base in
Sacramento County and Castle Air Force Base in Merced County.
