BILL NUMBER: SB 339	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 12, 2013
	AMENDED IN SENATE  MAY 14, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Cannella
    (   Principal coauthor:   Assembly Member
  Gray   ) 

                        FEBRUARY 20, 2013

   An act to add Section  25536.3   25536.4
 to the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 339, as amended, Cannella. 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  a county 
 the County of Merced  to sell or enter into a lease,
concession, or managerial contract involving a specified area of
county property that  the county has   it 
acquired from the federal government due to the closure of a former
military base, without complying with the existing procedural
requirements referenced above,  in accordance with conditions
prescribed in the bill.   as specified.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Merced. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section  25536.3   25536.4 
is added to the Government Code, to read:
    25536.3.   25536.4.   (a) In addition
to the authority provided for in Section 25536, and in accordance
with subdivision (b),  a county,   the County of
Merced  by a four-fifths vote of the board of supervisors, 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 a military
base, without otherwise complying with this article.
   (b) The board shall  only  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
 23501.1.   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
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. 2.    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
Merced relative to the disposition of the property acquired by the
county from the federal government pursuant to the closure of Castle
Air Force Base.