(a) Any transfer of land made under this Division may be made without public bidding but only after a noticed public hearing in compliance with § 110.0502(d) below, and a majority vote of the Board of Supervisors.
(b) Any transfer of land made under this Division may be made by direct negotiation or after competitive bidding in the manner determined appropriate by the Board of Supervisors, which may include a request for proposal or request for qualifications.
(c) Prior to any transfer under this Division made after public bidding, such transfer shall be determined by the Board of Supervisors to meet all of the following criteria:
(1) Offers the greatest economic return to the County or otherwise serves to further the purpose of this division as outlined in § 110.0101.
(2) Meets the residential, commercial, industrial, or cultural development needs of the County.
(Ord. 4316, passed - -2017)
(a) Before the County acquires real property for economic development purposes under this Division, or transfers any County real property, including property owned by the County per the long-range property management plan under § 34191.5 of the Health and Safety Code, for economic development purposes under this Division, the acquisition or transfer shall first be approved by the Board of Supervisors by resolution after public hearing.
(b) The resolution approving the acquisition or transfer shall be adopted by a majority vote and shall contain a finding that the acquisition or transfer of the property will assist in the creation of economic opportunity.
(c) 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 acquisition or transfer.
(3) If the proposed action is a transfer, and the proposed transfer agreement is a lease, the Board of Supervisors shall make both of the following determinations:
(A) 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.
(B) A reasonable expectation exists that future public need justifies retention of the fee ownership in the property.
(d) 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 § 6066 of the Government Code, prior to the hearing, and shall be mailed to any person requesting special notice, to any present tenant of the property, and to all owners of land adjoining the property.
(e) The provisions of this section are an alternative to any other authority granted by law to the County to dispose of County-owned property.
(Ord. 4316, passed - -2017)
For any acquisition or transfer made under authority granted in this Division, the 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 § 110.0502. This report shall contain both of the following:
(a) A copy of the proposed acquisition or transfer document.
(b) A summary that describes and specifies all of the following:
(1) The cost of the agreement to the County, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the County, plus the expected interest on any loans or bonds to finance the agreements.
(2) If the transaction is a transfer, the estimated value of the interest to be transferred, determined at the highest and best uses permitted under the general plan or zoning.
(3) If the transaction is a transfer, the estimated value of the interest to be transferred, determined at the use and with the conditions, covenants, and development costs required by the transfer.
(4) If the transaction is a transfer, 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 County shall provide as part of the summary an explanation of the reasons for the difference.
(5) 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.
(Ord. 4316, passed - -2017)
(a) For any transfer made under authority granted in this Division, the County may obligate lessees or purchasers of property to:
(1) Use the property for the purpose designated in this Division.
(2) Begin the project or activity within a period of time that the County determines to be reasonable.
(3) Comply with the covenants, conditions, or restrictions that the County deems necessary to prevent speculation or excess profit taking in undeveloped land, including a right of reverter to the County. Covenants, conditions, and restrictions imposed by the County may provide for the reasonable protection of lenders.
(4) Comply with other conditions which the County deems necessary to carry out the purposes of this Division.
(b) The County may provide in the transfer document that any of the obligations of the purchaser are covenants or conditions running with the land, the breach of which shall cause the fee to revert to the County.
(Ord. 4316, passed - -2017)