BILL NUMBER: SB 149	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        JANUARY 31, 2013

   An act to amend Section 719 of the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 149, as introduced, Walters. City property: leases.
   Existing law generally prohibits a city from leasing property that
it owns or controls for a period exceeding 55 years, but permits a
city to lease property that it owns or controls for a period not to
exceed 99 years if specified conditions are met.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 719 of the Civil Code is amended to read:
   719.  Notwithstanding the 55-year limitation imposed by Section
718, property owned by, or held by, or under the management and
control of, any city, or any department or board thereof, may be
leased for a period  which   that  exceeds
55 years  , but does not exceed 99 years, if all of the
following conditions are met:
   (a) The lease shall be subject to periodic review by the city and
shall take into consideration the then current market conditions. The
local legislative body may, prior to final execution of the lease,
establish the lease provisions  which   that
 will periodically be reviewed, and determine when those
provisions are to be reviewed.
   (b) Any lease entered into by any city pursuant to this section
shall be authorized by an ordinance adopted by the legislative body.
The ordinance shall be subject to referendum in the manner prescribed
by law for ordinances of cities.
   (c) Prior to adopting an ordinance authorizing a lease, the
legislative body shall hold a public hearing. Notice of the time and
place of the hearing shall be published pursuant to Section 6066 of
the Government Code, in one or more newspapers of general circulation
within the city and shall be mailed to any person requesting special
notice, to any present tenant of the public property, and to all
owners of land adjoining the property.
   (d) Any lease shall be awarded to the bidder  which
  who  , in the determination of the legislative
body, offers the greatest economic return to the city, after
competitive bidding conducted in the manner determined by the
legislative body. Notice inviting bids shall be published pursuant to
Section 6066 in one or more newspapers of general circulation within
the city.
   (e) The provisions of subdivisions (b), (c), and (d) of this
section do not apply to any charter city, which may utilize a
procedure as specified by charter or adopted by ordinance in
accordance with its charter.
   (f) This section shall not apply to leases of property acquired
for park purposes; to leases for the purpose of producing mineral,
oil, gas, or other hydrocarbon substances; nor to leases of tidelands
or submerged lands or improvements thereon.