Bill Text: CA AB2971 | 2019-2020 | Regular Session | Amended
Bill Title: Leases: renewals: County of Ventura.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on L. GOV. [AB2971 Detail]
Download: California-2019-AB2971-Amended.html
|
Amended
IN
Assembly
May 04, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2971
| Introduced by Assembly Member Smith |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
AB 2971, as amended, Smith.
City selection committees. Leases: renewals: County of Ventura.
Existing law requires a county to follow specified procedures when leasing real property. Under existing law, a county board of supervisors is authorized to prescribe, by ordinance, a procedure alternative to those procedures for the leasing or licensing of any real property belonging to, leased by, or licensed by the county and requires the alternative procedure to include bidding. Existing law provides that leases or licenses of a duration not exceeding 10 years and that have an estimated monthly rent not exceeding a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, not exceeding $10,000, may be excluded from those bidding procedures. Under existing law, the lease or license is prohibited from exceeding a term of 10 years and is not renewable.
This bill would permit a lease for real property owned by the County of Ventura and located in the City of Simi Valley to also be excluded from those bidding procedures if the lease has an estimated monthly rent not exceeding $10,000, the lessee is a specified nonprofit organization, and the real property subject to the lease is only used for providing medical care, counseling, dental, and legal assistance to individuals and families in need. The bill would require notice to be provided as specified. The bill would prohibit the lease term from exceeding 99 years and would allow the lease to be renewable.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Ventura.
Existing law requires that there be a city selection committee, the purpose of which is to appoint city representatives to boards, commissions, and agencies, in any county in which 2 or more cities are incorporated. Existing law requires the membership of each city selection committee to consist of the mayor of each city within the county. Existing law requires a city selection committee to formulate and adopt rules and regulations to govern the conduct of its meetings and the selection of city representatives. Existing law requires a city selection committee to conduct regular meetings at the times specified by it in its rules and regulations.
This bill would make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25537 of the Government Code is amended to read:25537.
(a) In any county the board of supervisors may prescribe by ordinance a procedure alternative to that required by Sections 25526 to 25535, inclusive, for the leasing or licensing of any real property belonging to, leased by, or licensed by, the county. Any alternative procedure so prescribed shall require that the board of supervisors either accept the highest proposal for the proposed lease or license submitted in response to a call for bids posted in at least three public places for not less than 15 days and published for not less than two weeks in a newspaper of general circulation, if the newspaper is published in the county, or reject all bids.(b) Leases or licenses of a duration not exceeding 10 years and having an
estimated monthly rental
rent not exceeding a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, not exceeding ten thousand dollars ($10,000), may be excluded from the bidding procedure specified in subdivision (a), except that notice shall be given pursuant to Section 6061, posted in the office of the clerk of the board of supervisors, and if the lease or license involves residential property, notice shall be given to the housing sponsors, as defined by Sections 50074 and 50074.5 of the Health and Safety Code. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and any county officer authorized to execute the lease or license. If a lease or license is excluded from the bidding procedure, the actual monthly rental
rent in the executed lease or license may not exceed a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, may not exceed ten thousand dollars ($10,000), the term of the executed lease or license shall not exceed 10 years, and the lease or license is not renewable.
(c) (1) Notwithstanding subdivision (b), but subject to paragraph (2), a lease for real property owned by the County of Ventura and located in the City of Simi Valley may be excluded from the bidding procedure specified in subdivision (a) if all of the following conditions are met:
(A) The lease has an estimated monthly rent
not exceeding ten thousand dollars ($10,000).
(B) The lessee is the Free Clinic of Simi Valley, a nonprofit organization exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. Sec. 501(c)(3)).
(C) The real property subject to the lease shall only be used for providing medical care, counseling, dental, and legal assistance to individuals and families in need.
(2) (A) Notice shall be given pursuant to Section 6061, posted in the office of the clerk of the board of supervisors, and if the lease involves residential
property, notice shall be given to the housing sponsors, as defined by Sections 50074 and 50074.5 of the Health and Safety Code. The notice shall describe the property proposed to be leased, the terms of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed, and any county officer authorized to execute the lease.
(B) The term of the lease shall not exceed 99 years, and the lease may be renewable.
(c)
(d) (1) The board of supervisors may, by ordinance, authorize the county officer or officers as are
deemed appropriate, to execute leases or licenses pursuant to this section.
(2) A county officer’s authority granted by ordinance under this section may not be effective for more than five years.
(3) A county officer authorized by the board of supervisors to execute licenses pursuant to this section shall provide a notice to the supervisorial district office in which the property proposed to be licensed is located at least five working days prior to execution of the license. The notice shall describe the property proposed to be licensed, the terms and conditions of the license, and the name of the proposed licensee. If the supervisorial district office has not responded in writing objecting to the proposed license within five working days after the notice has been provided, the proposed license shall be deemed approved by the district office. If the supervisorial district office
objects to the proposed license in writing within five working days, the license may be submitted for approval by the board of supervisors at a regular meeting.
(d)
(e) Notice pursuant to this section shall also be mailed or delivered at least 15 days prior to accepting offers to lease or license pursuant to this section to any person who has filed a written request for notice with either the clerk of the board or with any other person designated by the board to receive these requests. The county may charge a fee that is reasonably related to the costs of providing this service and the county may require each request to be annually renewed. The notice shall describe the
property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and any county officer authorized to execute the lease or license.
SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the renewal of leases in the County of Ventura.A city selection committee shall conduct regular meetings at the times specified by it in its rules and regulations, and shall also meet upon the call of its chair. The chair of a selection committee may call a special meeting of the committee at any time, and the
chair shall call a special meeting of the selection committee upon the written request of 50 percent of the members of the city selection committee. If a chair is required to call a special meeting of a city selection committee pursuant to this section, the meeting shall be called and held within 60 days after receipt of the written request. Within three weeks prior to the date
fixed for a special meeting of the committee, the chair of the committee shall notify the committee secretary of the date, time, and place of the special meeting.
