SECTIONS 25515-25515.5 - California Statutes

GOVERNMENT CODE

SECTION 25515-25515.5

25515. The Legislature finds that counties are faced with critical
revenue shortages and a need for additional revenue sources to
provide basic and essential public services.
The Legislature finds that counties own property which, if
permitted to be developed by a joint venture agreement between
private enterprise and commercial, industrial, and cultural uses,
would provide a means to produce additional revenue sources for the
benefit of the counties owning such property, and aid the economic
well-being of the state generally.
The Legislature further finds that due to reductions in personnel
or programs counties own or lease properties which are totally or
partially vacant but which could be used by compatible private
persons, firms or corporations through lease arrangements or joint
venture developments which would generate revenue.
Therefore, the Legislature finds that the provisions for
residential, commercial, industrial, and cultural development of
public property owned by counties constitutes a valid public purpose.

25515.1. (a) After complying with Section 65402 and Article 8
(commencing with Section 54220) of Chapter 5 of Part 1 of Division 2
of Title 5, in managing its real property acquired prior to January
1, 1984, a county may do any of the following:
(1) Sell, lease for a term not to exceed 99 years, or lease with
an option to purchase for a term not to exceed 99 years, any of its
real property to any person, partnership, corporation, or
governmental entity the governing body selects for purposes of
cultural, residential, commercial, or industrial use or development,
subject to periodic review by the county, upon the terms and
conditions determined by the board of supervisors.
(2) Participate as a principal party in the development of
cultural, residential, commercial, or industrial uses or development
thereof as a public works project.
(3) Contract for the management, marketing, operation, or leasing
of its real property for purposes of cultural, residential,
commercial, or industrial use or development.
(b) Prior to entering into any agreement pursuant to subdivision
(a), the board of supervisors shall determine that the sale, lease,
lease with option to purchase, development, or other contract will
result in economic benefits to the county. If the proposed agreement
is a lease, the board of supervisors shall also make both of the
following determinations:
(1) That the public benefit of the proposed lease agreement is
expected to be greater than the public benefit which would result
from the sale of the property.
(2) That a reasonable expectation exists that future public need
justifies retention of the fee ownership of the property.
If the property to be used or developed is adjacent to, or a
portion of, real property which is, or will be, used for other
governmental activities, the board of supervisors shall also
determine that the agreement will not interfere with the use or
development of the remaining public property.
(c) In managing any of its property acquired after January 1,
1984, and after complying with Section 65402 and Article 8
(commencing with Section 54220) of Chapter 5 of Part 1 of Division 2
of Title 5, a county may sell, lease, lease with option to purchase,
develop, or otherwise dispose of that property in the manner set
forth in this section. This subdivision is not applicable to any
county property acquired through eminent domain proceedings.

25515.2. (a) Any sale, lease, lease with option to purchase,
development, or contract agreement entered into pursuant to this
article shall be authorized by an ordinance adopted by the board of
supervisors. The ordinance shall be subject to referendum in the
manner prescribed by law for ordinances of counties.
(b) Prior to adopting an ordinance authorizing a sale, lease,
lease with option to purchase, development, or contract agreement the
board of supervisors shall hold a public hearing. Notice of the time
and place of the hearing shall be published pursuant to Section 6066
in one or more newspapers of general circulation within the county
and shall be mailed to any person requesting special notice, to any
present tenant of the public property, and to all owners of land
adjoining the property.
(c) Any sale, lease, lease with option to purchase, development,
or contract agreement shall be awarded after competitive bidding in
the manner determined by the board of supervisors, or, if approved by
a four-fifths vote of the board of supervisors, after a request for
proposals.
(d) Any sale, lease, lease with option to purchase, development,
or contract agreement awarded pursuant to competitive bidding shall
be determined by the board of supervisors to meet all of the
following criteria:
(1) Offers the greatest economic return to the county.
(2) Meets the residential, commercial, industrial, or cultural
development needs of the county.
(e) Notice inviting the bids shall be published in the same manner
as set forth in subdivision (g).
(f) For the purpose of receiving proposals, the board of
supervisors shall, in a regular open meeting, adopt a resolution
declaring its intention to consider the proposals. The resolution
shall identify the site, shall specify whether the site is intended
to be used for residential, commercial, industrial or cultural
development or both, and shall fix a time not less than 60 days
thereafter for a public meeting of the board of supervisors to be
held at its regular place of meeting, at which meeting the board of
supervisors shall receive all plans or proposals submitted.
(g) Notice of adoption of the resolution and the time and place of
holding the meeting shall be given by publishing the resolution at
least once a week for three weeks in a newspaper of general
circulation published in the county in which the property is located.
In addition, the board of supervisors may authorize the purchase of
advertising space and may advertise the proposed transaction in those
newspapers, magazines, and other periodicals that, in its judgment,
will publicize the proposed transaction to those most likely to
submit a proposal or bid.
(h) At the time and place fixed in the resolution the board of
supervisors shall meet and open the bids or receive the plans and
proposal. The plan or proposal as submitted or as revised by the
board of supervisors shall be incorporated into the lease, lease with
option to purchase, development, or contract agreement. The board of
supervisors may reject any and all bids or plans and proposals
submitted.

25515.3. The procedure prescribed by this article may be used by a
county notwithstanding any other provision of law and without
complying with any other provisions in conflict therewith. This
procedure, which shall be an alternative to any other procedure
provided by law, shall be applicable to public real property
regardless of the manner in which the real property was acquired, the
purposes for which the real property was acquired, or the uses, if
any, previously made of the property.

25515.4. The provisions of this article shall not apply to tide and
submerged lands granted in trust by the Legislature to a city,
county, or a city and county.

25515.5. Nothing in this article shall amend, alter, or modify the
duties of a county to comply with the provisions of a community
redevelopment plan or an agreement with a community redevelopment
agency with respect to property owned by a county within the
boundaries of a community redevelopment project.