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: 8/12/13 in Senate
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.
This bill also authorizes the Merced County Board of
Supervisors, by 4/5-vote of the Board, to sell county property
acquired from the federal government due to the closure of
Castle AFB.
Senate Floor Amendments of 8/12/13 make technical and clarifying
changes.
Senate Floor Amendments of 7/11/13 authorize Merced County to
sell county property acquired from the federal government due to
the closure of Castle AFB.
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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
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
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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
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.
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3. Authorizes the Merced County Board of Supervisors, by
4/5-vote of the Board, to sell county property acquired from
the federal government due to the closure of Castle AFB.
4. Provides that this bill prohibits the provisions for each
county from being construed to release Sacramento or Merced
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.
5. 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 Counties of Sacramento and
Merced relative to the disposition of the property acquired
by those counties from the federal government pursuant to the
closure of Mather AFB and McClellan AFB in Sacramento County
and Castle AFB in Merced County.
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 8/12/13)
Sacramento County Board of Supervisors (source)
County of Merced
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 58-18, 4/22/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
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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
AB:k 8/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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