Amended in Senate July 11, 2013

Amended in Assembly April 15, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 121


Introduced by Assembly Member Dickinson

(Coauthor: Assembly Member Cooley)

January 14, 2013


An act to addbegin delete Section 25536.3end deletebegin insert Sections 25536.3 and 25536.4end insert to the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 121, as amended, 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.begin insert The bill, in a similar manner, would additionally authorize the County of Merced, by a end insertbegin insert45end insertbegin insert 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.end insert The bill wouldbegin delete specify that it would not be construedend deletebegin insert prohibit the provisions for each county from being construedend insert to releasebegin delete the County of Sacramentoend deletebegin insert the countyend insert from complying with specified postcompliance provisions relating to redevelopment successor agencies, if thebegin insert relevantend insert property is located in a former redevelopment area.

This bill would make legislative findings and declarations as to the necessity of a special statute forbegin delete the County of Sacramentoend deletebegin insert those countiesend insert relative to the disposition bybegin delete theend deletebegin insert eachend insert county of the above-describedbegin delete property.end deletebegin insert properties.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 25536.3 is added to the Government
2Code
, to read:

3

25536.3.  

(a) In addition to the authority provided for in Section
425536, and in accordance with subdivision (b), the Sacramento
5County Board of Supervisors, by a four-fifths vote of the board,
6may sell, or enter into a lease, concession, or managerial contract
7involving a specified area of county property that the county has
8acquired from the federal government due to the closure of Mather
9Air Force Base or McClellan Air Force Base, without otherwise
10complying with this article.

11(b) The board shallbegin delete onlyend delete take an action specified in subdivision
12(a)begin insert onlyend insert if the following conditions are met, or if the board makes
13a finding in a noticed public hearing that the following conditions
14were met at the time the property was acquired from the federal
15government:

16(1) Reuse of the property is governed solely by the county.

17(2) The county has prepared and adopted a general or specific
18plan pursuant to Article 5 (commencing with Section 65300) of
19Chapter 3 of Division 1 of Title 7 and has adopted a zoning
20ordinance for the area, and the proposed use is consistent with that
21general or specific plan and the zoning ordinance.

P3    1(3) The airport land use commission has prepared and adopted
2a comprehensive airport land use plan for the area pursuant to
3Article 3.5 (commencing with Section 21670) of Chapter 4 of Part
41 of Division 9 of the Public Utilities Code, and the proposed use
5is consistent with that plan.

6(4) The county has complied with Article 8 (commencing with
7Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
8Section 65402 with regard to the property, as provided in Section
925350.1.

10(5) The county has given notice pursuant to Section 6062a and
11posted the notice in the office of the county clerk. The notice shall
12specify the date that the board determines that any of the affected
13property shall be subject to this section, and shall include all of
14the following:

15(A) A description of the property proposed to be sold, leased,
16or subject to a concession or managerial contract pursuant to this
17section.

18(B) The proposed terms of the sale, lease, concession, or
19managerial contract.

20(C) The location where offers will be accepted and executed.

21(D) The telephone number and address of the county officer
22responsible for executing the sale, lease, concession, or managerial
23contract.

24(c) This section shall not be construed to release the County of
25Sacramento from complying with Chapter 9 (commencing with
26Section 34191.1) of Part 1.85 of Division 24 of the Health and
27Safety Code, if the property is located in a former redevelopment
28 area.

29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 25536.4 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
30read:end insert

begin insert
31

begin insert25536.4.end insert  

(a) In addition to the authority provided for in Section
3225536, and in accordance with subdivision (b), the County of
33Merced, by a four-fifths vote of the board of supervisors, may sell
34a specified area of county property that the county has acquired
35from the federal government due to the closure of Castle Air Force
36Base, without otherwise complying with this article.

37(b) The board shall take an action specified in subdivision (a)
38only if the following conditions are met, or if the board makes a
39finding in a noticed public hearing that the following conditions
P4    1were met at the time the property was acquired from the federal
2government:

3(1) Reuse of the property is governed solely by the county.

4(2) The county has prepared and adopted a general or specific
5plan pursuant to Article 5 (commencing with Section 65300) of
6Chapter 3 of Division 1 of Title 7 and has adopted a zoning
7ordinance for the area, and the proposed use is consistent with
8that general or specific plan and the zoning ordinance.

9(3) The airport land use commission has prepared and adopted
10a comprehensive airport land use plan for the area pursuant to
11Article 3.5 (commencing with Section 21670) of Chapter 4 of Part
121 of Division 9 of the Public Utilities Code, and the proposed use
13is consistent with that plan.

14(4) The county has complied with Article 8 (commencing with
15Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and
16Section 65402 with regard to the property, as provided in Section
1725350.1.

18(5) The county has given notice pursuant to Section 6062a and
19posted the notice in the office of the county clerk. The notice shall
20specify the date that the board determines that any of the affected
21property shall be subject to this section, and shall include all of
22the following:

23(A) A description of the property proposed to be sold, leased,
24or subject to a concession or managerial contract pursuant to this
25section.

26(B) The proposed terms of the sale, lease, concession, or
27managerial contract.

28(C) The location where offers will be accepted and executed.

29(D) The telephone number and address of the county officer
30responsible for executing the sale, lease, concession, or managerial
31 contract.

32(c) This section shall not be construed to release the County of
33Merced from complying with Chapter 9 (commencing with Section
3434191.1) of Part 1.85 of Division 24 of the Health and Safety Code,
35if the property is located in a former redevelopment area.

end insert
36

begin deleteSEC. 2.end delete
37begin insertSEC. 3.end insert  

The Legislature finds and declares that a special law
38is necessary and that a general law cannot be made applicable
39within the meaning of Section 16 of Article IV of the California
40Constitution because of the unique needs of the County of
P5    1Sacramentobegin insert and the County of Mercedend insert relative to the disposition
2of thebegin delete propertyend deletebegin insert propertiesend insert acquiredbegin delete by the countyend delete from the federal
3governmentbegin insert by those countiesend insert pursuant to the closure of Mather
4Air Force Base and McClellan Air Force Basebegin insert in Sacramento
5County and Castle Air Force Base in Merced Countyend insert
.



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