Amended in Assembly June 24, 2013

Amended in Assembly June 12, 2013

Amended in Senate May 14, 2013

Amended in Senate April 9, 2013

Senate Bill No. 339

Introduced by Senator Cannella

(Principal coauthor: Assembly Member Gray)

February 20, 2013

An act to add Section begin delete 25536.4 end delete begin insert 25536.3 end insert 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 begin delete the County of Merced end delete begin insert a county end insert to sell or enter into a lease, concession, or managerial contract involving a specified area of county property that begin delete it end delete begin insert the county end insert acquired from the federal government due to the closure of a former military base, without complying with the existing procedural requirements referenced above, as specified.

begin delete

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Merced.

end delete

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 begin delete 25536.4 end delete begin insert 25536.3 end insert is added to the Government Code, to read:

begin delete 25536.4. end delete
begin insert 25536.3. end insert   

(a) In addition to the authority provided for in Section
25536, and in accordance with subdivision (b), begin delete the County of
Merced end delete begin insert a county, end insert 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 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.

begin delete

(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.

end delete

begin delete

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.

end delete