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HomeMy WebLinkAboutMINUTES - 04211987 - 1.67 r L"0611' TO- BOARD OF SUPERVISORS FROM: Phil Batchelor Contra County Administrator Costa DATE: April 16, 1987 COu,�}�/ SUBJECT: County Legislation: Assembly Bill 1493 .(Peace) SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACMROUND AND JUSTIFICATION RECOMMENDATION• Adopt a position in support of AB 1493 by Assemblyman Peace which would allow the Board of Supervisors, by a 4/5 vote, to waive the public bidding requirements when the County sells or leases County property and immediately repurchases or leases back the same property as part of the same transaction. BACKGROUND: Existing provisions of the Government Code provide extensive notice and hearing provision and public bidding procedures which must be followed whenever the Board of Supervisors decides to sell or lease County-owned property. However, when the sale or lease involves a sale or lease to the County' s Public Facilities Corporation who, in turn, immediately sells or leases the property back to the County, the notice, hearing and public bid procedures are a meaningless waste of time because there will only be one bid. Orrick, Herrington & Sutcliffe have drafted legislation which Assemblyman Steve Peace has introduced (AB 1493 ) which allows the Board of Supervisors to avoid all these unnecessary and wasteful procedures when the transaction involves the sale or lease of property and the immediate repurchase or lease back of the same property, as typically occurs with the Public Facilities Corporation. AB 1493 will save the County considerable time and money in this type of limited transaction without impairing the right of the public to bid on the sale or lease of County property when the sale or lease is really intended to dispose of County property. In view of the efficiencies which will be achieved by the passage of AB 1493, this office .recommends that the Board of Supervisors support AB 1493 . CONTINUED ON ATTACHMENT: _ YES SIGNATURE: _X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATUREISI' n ACTION OF BOARD ON An ri1 21 , 19$7 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS Z`^ 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CCCounty Administrator ATTESTED APR 21 1981 : Public Works Director General Services Director PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Jackson/Barish & Associates M382/7- , J. Smith Associates BY ,DEPUTY SAC Director , Assemblyman Peace