(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)