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

California Senate Bill 680 (Prior Session Legislation)

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-Chaptered.html

BILL NUMBER: SB 680	CHAPTERED
	BILL TEXT

	CHAPTER  649
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2016
	PASSED THE SENATE  AUGUST 29, 2016
	PASSED THE ASSEMBLY  AUGUST 24, 2016
	AMENDED IN ASSEMBLY  AUGUST 19, 2016
	AMENDED IN ASSEMBLY  JUNE 30, 2016
	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, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 680, 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, 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 bill would also require that the City
of Santa Clara be solely responsible for compliance with the
California Environmental Quality Act for purposes of these
provisions.
   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 a
continuously appropriated fund, this bill would make an
appropriation.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation: yes.


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, the
commencement date for development, 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
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.
  SEC. 2.  (a) 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.
   (b) For purposes of this act, the City of Santa Clara shall be
solely responsible for compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   The San Francisco Bay area is experiencing an historic affordable
housing crisis. Additional housing units are urgently needed to
improve the quality of life for all San Francisco Bay area residents.
A development project to build additional affordable housing units
that will benefit the communities in the City of Santa Clara,
especially low-income persons, senior citizens, veterans, and persons
with disabilities, is urgently needed.