BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 121|
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THIRD READING
Bill No: AB 121
Author: Dickinson (D)
Amended: 4/15/13 in Assembly
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 5/15/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
ASSEMBLY FLOOR : 58-18, 4/22/13 - See last page for vote
SUBJECT : Counties: disposition of real property
SOURCE : Sacramento County Board of Supervisors
DIGEST : This bill provides an exemption from existing law
governing the disposition of county property to allow Sacramento
County to sell or lease its property on the former Mather Air
Force Base (AFB) or McClellan AFB under specified conditions.
ANALYSIS :
Existing law:
1. Prescribes the procedures that counties must follow when
leasing or selling real property.
2. Requires the county board of supervisors, before ordering
the sale or lease of any property, in a regular open meeting,
by a 2/3-vote of all its members, to adopt a resolution,
declaring its intention to sell the property, or a resolution
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declaring its intention to lease it, as the case may be. The
resolution shall describe the property proposed to be sold,
or leased, in a manner as to identify it and shall specify
the minimum price, or rental, and the terms upon which it
will be sold, or leased, and shall fix a time, not less than
three weeks thereafter for a public meeting of the board of
supervisors to be held at its regular place of meeting, at
which sealed proposals to purchase or lease will be received
and considered.
3. Requires, at the time and place fixed in the resolution for
the meeting of the board of supervisors, all sealed proposals
which have been received to, in public session, be opened,
examined, and declared by the board. Of the proposals
submitted which conform to all terms and conditions specified
in the resolution of intention to sell or to lease and which
are made by responsible bidders, the proposal which is the
highest shall be finally accepted, unless a higher oral bid
is accepted or the board rejects all bids.
4. Provides several limited exemptions to these procedures for
a variety of public purposes.
This bill:
1. Allows the Sacramento County Board of Supervisors (Board), by
a 4/5-vote of the Board, 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 AFB or
McClellan AFB, without otherwise complying with existing law
governing the disposition of county property.
2. Requires the Board to take action as specified above 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:
A. Reuse of the property is governed solely by the county;
B. The county has prepared and adopted a general or
specific plan pursuant to existing law, as specified, and
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has adopted a zoning ordinance for the area, and the
proposed use is consistent with that general or specific
plan and the zoning ordinance;
C. The airport land use commission has prepared and
adopted a comprehensive airport land use plan for the area
pursuant to existing law, as specified, and the proposed
use is consistent with that plan;
D. The county has complied with existing law governing the
disposition of surplus land and the conformity of real
property acquisition or disposition with its general plan
with regard to the property, as specified; and,
E. The county has given notice in a regularly-published
newspaper, as specified, 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 bill, and shall include
all of the following:
(1) A description of the property proposed to be
sold, leased, or subject to a concession or managerial
contract pursuant to this bill;
(2) The proposed terms of the sale, lease,
concession, or managerial contract;
(3) The location where offers will be accepted and
executed; and,
(4) The telephone number and address of the county
officer responsible for executing the sale, lease,
concession, or managerial contract.
3. Provides that this bill shall not be construed to release
Sacramento County from complying with the provisions in
existing law governing the disposition of real property by
successor agencies to redevelopment agencies, as specified,
if the property is located in a former redevelopment area.
4. 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
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because of the unique needs of the County of Sacramento
relative to the disposition of the property acquired by the
county from the federal government pursuant to the closure of
Mather AFB and McClellan AFB.
Comments
According to the author's office, with the abolishment of
redevelopment and the tools it provided, it is now critical that
the County again have the exemption tool to quickly respond to
the market place. The exemption ensures that taxpayer's dollars
are protected and maximized by allowing the County to sell
properties at market rate for projects that achieve the highest
and best use.
Related legislation . SB 339 (Cannella) authorizes a county, by
a 4/5-vote of the board of supervisors, to sell, or enter into a
lease, concession, or managerial contract involving county
property acquired from federal government from the closure of a
military base.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/17/13)
Sacramento County Board of Supervisors (source)
ASSEMBLY FLOOR : 58-18, 4/22/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Cooley, Dahle, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia,
Gatto, Gomez, Gordon, Hall, Roger Hern�ndez, Holden,
Jones-Sawyer, Levine, Maienschein, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Weber, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Allen, Bigelow, Ch�vez, Conway, Donnelly, Grove, Hagman,
Harkey, Jones, Linder, Logue, Mansoor, Melendez, Morrell,
Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Gorell, Gray, Lowenthal, Vacancy
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AB:k 5/17/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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