Bill Text: CA SB680 | 2015-2016 | Regular Session | Amended

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

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Bill Title: State real property: surplus: City of Santa Clara.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 649, Statutes of 2016. [SB680 Detail]

Download: California-2015-SB680-Amended.html

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BILL NUMBER: SB 680	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 9, 2016
	AMENDED IN ASSEMBLY  JUNE 8, 2016
	AMENDED IN SENATE  JANUARY 26, 2016
	AMENDED IN SENATE  MAY 14, 2015

INTRODUCED BY   Senator Wieckowski
   (Coauthor: Senator Beall)

                        FEBRUARY 27, 2015

   An act relating to state real property, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 680, as amended, Wieckowski. State real property: surplus: City
of Santa Clara.
   Existing law provides that the Director of General Services may
acquire and dispose of surplus state real property where that
property is not needed by another state agency and the Legislature
has authorized disposal of the property. Existing law also specifies
the manner in which the Department of General Services is to dispose
of surplus state real property. Existing law authorizes the director,
subject to certain conditions, to sell, lease, or exchange a
specified parcel of real property in the City of Santa Clara upon
terms and conditions and subject to reservations and exceptions that
the director determines are in the best interests of the state.
   This bill would authorize the director to modify the existing
terms and conditions of the transfer to the Housing Authority of the
City of Santa Clara of a specified parcel of real property within the
City of Santa Clara to allow for residential development of that
parcel, as provided.  The bill would exempt related state
activities from certain provisions of the California Environmental
Quality Act.  The bill would, as a condition of modifying
the terms and conditions of the transfer, require the City of Santa
Clara to indemnify, defend, and hold harmless the state from any and
all claims, damages, or liabilities arising out of, in connection
with, or directly or indirectly resulting from the exercise of the
rights authorized by these provisions by the City of Santa Clara, the
Housing Authority of the City of Santa Clara, and any subsequent
purchaser or transferee of the property. The bill would also require
the state to select counsel in any action arising out of, in
connection with, or directly or indirectly resulting from the
exercise of these rights.
   The California Constitution requires that the proceeds from the
sale of surplus state property be used to pay the principal and
interest on bonds issued pursuant to the Economic Recovery Bond Act
until the principal and interest on those bonds are fully paid, after
which these proceeds are required to be deposited into the Special
Fund for Economic Uncertainties, a continuously appropriated fund.
   This bill would, if the property described above is used for a
residential development, require the department to determine the
difference between the actual price paid by the local agency for the
property and the fair market value of the property and require the
Housing Authority of the City of Santa Clara to pay that difference
to the department. By increasing the amount transferred into
continuously appropriated funds, this bill would make an
appropriation.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Director of General Services may modify the
existing terms and conditions, including, but not limited to, the
existing purchase and sale agreement, as amended, the grant deed, and
any other applicable transaction documents, of the transfer to the
Housing Authority of the City of Santa Clara of an approximately
six-acre parcel of real property within the City of Santa Clara,
Assessor's Parcel Number 303-17-053, for the purposes set forth in
subdivision (b). The director is authorized to make any modifications
pursuant to this subdivision on terms and conditions and subject to
any reservations and exceptions that the director determines are in
the best interests of the state.
   (b) (1) The property described in subdivision (a) may be used for
a residential development including both residential units that are
affordable to persons of extremely low, very low, or low or moderate
income and residential units at market rate. As a result of any
 property   proposed  modification to the
original entitlements, the Department of General Services shall
determine the difference between the actual price paid by the local
agency for the property and the fair market value of the property,
which shall be paid by the Housing Authority of the City of Santa
Clara to the department.
   (2) The City of Santa Clara may, subject to the consent of the
other parties to the agreement, amend the development agreement
applicable to the property described in subdivision (a) in order to
remove that property from the agreement. 
   (c) Any action by the Department of General Services or any other
state agency necessary to implement this act is exempt from Chapter 3
(commencing with Section 21100) to Chapter 6 (commencing with
Section 21165), inclusive, of Division 13 of the Public Resources
Code, as permitted by paragraph (2) of subdivision (k) of Section
11011 of the Government Code. However, the City of Santa Clara, the
Housing Authority of the City of Santa Clara, and any subsequent
purchaser or transferee of the property described in subdivision (a)
shall be subject to any local government land use entitlement
approval requirements and to Chapter 3 (commencing with Section
21100) to Chapter 6 (commencing with Section 21165), inclusive, of
Division 13 of the Public Resources Code. 
  SEC. 2.  As a condition of modifying the terms and conditions as
provided in subdivision (a) of Section 1 of this act, the City of
Santa Clara shall indemnify, defend, and hold harmless the state from
any and all claims, damages, or liabilities arising out of, in
connection with, or directly or indirectly resulting from the
exercise of the rights authorized by this act by the City of Santa
Clara, the Housing Authority of the City of Santa Clara, and any
subsequent purchaser or transferee. In any action arising out of, in
connection with, or directly or indirectly resulting from the
exercise of these rights, the state shall select counsel to defend
the state.