Bill Text: CA SB466 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2021-06-21 - June 23 hearing postponed by committee. [SB466 Detail]

Download: California-2021-SB466-Amended.html

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Amended  IN  Senate  May 11, 2021

Amended  IN  Senate  April 29, 2021

Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 466

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Introduced by Senator Wieckowski

February 16, 2021

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An act to amend add Section 52201 of 52201.5 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

SB 466, as amended, Wieckowski. Community development.

Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution containing specified findings, after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law requires notice of the hearing to be published in a specified manner and requires the city, county, or city and county to make available a report containing a copy of the proposed acquisition, sale, or lease and a summary that includes, among other things, an explanation of why the acquisition, sale, or lease will assist in the creation of economic opportunity. Existing law provides that these provisions are an alternative to any other authority granted by law to cities to dispose of city-owned property.

This bill would authorize the City of Santa Clara to sell or lease property located at 500 Benton Street under the provisions specified above. This bill would provide that these provisions are an alternative to any other authority granted by law to counties cities, counties, or cities and counties to dispose of property. The bill would authorize a city, county, or city and county the City of Santa Clara, when disposing of property that is statutorily exempt from other property disposition procedures the specified property, to utilize these provisions. provisions if the property is statutorily exempt from any other property disposition procedures required by law.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Santa Clara.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 52201.5 is added to the Government Code, to read:

52201.5.

 (a) (1) The City of Santa Clara may sell or lease property located at 500 Benton Street to create an economic opportunity. The sale or lease shall first be approved by the legislative body by resolution after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, before the hearing.

(2) The City of Santa Clara shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following:

(A) A copy of the proposed sale or lease.

(B) A summary that describes and specifies all of the following:

(i) The cost of the agreement to the city, including land acquisition costs, clearance costs, relocation costs, and the costs of any improvements to be provided by the city, plus the expected interest on any loans or bonds to finance the agreements.

(ii) The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the general plan or zoning.

(iii) The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease.

(iv) The purchase price or present value of the lease payments that the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use, then the city shall provide as part of the summary an explanation of the reasons for the difference.

(v) An explanation of why the sale or lease of the property will assist in the creation of economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation.

(b) The resolution approving the sale or lease shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the sale or lease of the property will assist in the creation of economic opportunity. The resolution shall also contain one of the following findings:

(1) The consideration is not less than the fair market value at its highest and best use.

(2) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease.

(c) The provisions of this section are an alternative to any other authority granted by law to cities, counties, or cities and counties to dispose of property. The City of Santa Clara, when disposing of property pursuant to this section, may comply with the procedures required by this section if the property is statutorily exempt from any other property disposition procedures required by law for a city, county, or city and county to dispose of property.

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 nature of the ongoing public use and proposed development within the City of Santa Clara on the 500 Benton Street site.

SECTION 1.Section 52201 of the Government Code is amended to read:

52201.

(a)(1)A city, county, or city and county may acquire property in furtherance of the creation of an economic opportunity. A city, county, or city and county may sell or lease property to create an economic opportunity. The acquisition, sale, or lease shall first be approved by the legislative body by resolution after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066, before the hearing.

(2)The city, county, or city and county shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following:

(A)A copy of the proposed acquisition, sale, or lease.

(B)A summary that describes and specifies all of the following:

(i)The cost of the agreement to the city, county, or city and county, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the city, county, or city and county, plus the expected interest on any loans or bonds to finance the agreements.

(ii)For the sale or lease of property, the estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the general plan or zoning.

(iii)For the sale or lease of property, the estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use, then the city, county, or city and county shall provide as part of the summary an explanation of the reasons for the difference.

(iv)An explanation of why the acquisition, sale, or lease of the property will assist in the creation of economic opportunity, with reference to all supporting facts and materials relied upon in making this explanation.

(b)The resolution approving the acquisition, sale, or lease shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the acquisition, sale, or lease of the property will assist in the creation of economic opportunity. For the sale or lease of property, the resolution shall also contain one of the following findings:

(1)The consideration is not less than the fair market value at its highest and best use.

(2)The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease.

(c)The provisions of this section are an alternative to any other authority granted by law to cities, counties, or cities and counties to dispose of property. A city, county, or city and county disposing of property pursuant to this section may comply with the procedures required by this section if the property is statutorily exempt from any other property disposition procedures required by law for a city, county, or city and county to dispose of property.