AB 2697, as introduced, Bonilla. Redevelopment dissolution: successor agencies: disposal of assets and properties.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, dispose of all assets and properties of the former redevelopment agency in an expeditious manner aimed at maximizing value.
This bill would require a successor agency, prior to the disposal of land of the former redevelopment agency, to send a written offer to sell for the purposes of developing low- and moderate-income housing to any local public entity within whose jurisdiction the land is located, as specified. The bill would additionally require the sale of land of the former redevelopment agency to be subject to certain requirements relating to affordable housing. By imposing new duties on local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 34181 of the Health and Safety Code is
2amended to read:
The oversight board shall direct the successor agency
4to do all of the following:
5(a) (1) begin insert(A)end insertbegin insert end insert Dispose of all assets and properties of the former
6redevelopment agency; provided, however, that the oversight board
7may instead direct the successor agency to transfer ownership of
8those assets that were constructed and used for a governmental
9purpose, such as roads, school buildings, parks, police and fire
10stations, libraries, parking facilities and lots dedicated solely to
11public parking, and local agency administrative buildings, to the
12
appropriate public jurisdiction pursuant to any existing agreements
13relating to the construction or use of such an asset. Any
14compensation to be provided to the successor agency for the
15transfer of the asset shall be governed by the agreements relating
16to the construction or use of that asset.begin delete Disposalend deletebegin insert Except as provided
17in subparagraph (B), disposalend insert shall be done expeditiously and in
18a manner aimed at maximizing value. Asset disposition may be
19accomplished by a distribution of income to taxing entities
20proportionate to their property tax share from one or more
21properties that may be transferred to a public or private agency for
22management pursuant to the direction of the oversight board.
23(B) (i) Prior to the disposal of land of the former redevelopment
24agency, the successor agency shall send a written offer to sell for
25the purpose of developing low- and moderate-income housing to
26any local public entity, as defined in Section 50079, within whose
27jurisdiction the land is located. Housing sponsors, as defined by
28Section 50074, shall be sent, upon written request, a written offer
29to sell land for the purpose of developing low- and
30moderate-income housing. All notices shall be sent by first-class
31mail and shall include the location and a description of the
32property. With respect to any offer to purchase pursuant to this
P3 1subparagraph, priority shall be given to development of the land
2to provide housing affordable for lower income households.
3(ii) The sale of any land of the former redevelopment agency
4shall be subject to Sections 54222.5, 54227, and 54233 of the
5Government Code.
6(2) “Parking facilities and lots dedicated solely to public
7parking” do not include properties that generate revenues in excess
8of reasonable maintenance costs of the properties.
9(b) Cease performance in connection with and terminate all
10existing agreements that do not qualify as enforceable obligations.
11(c) Transfer housing assets pursuant to Section 34176.
12(d) Terminate any agreement, between the dissolved
13redevelopment agency and any public entity located in the same
14county, obligating the redevelopment agency to provide funding
15for any debt service obligations of the public
entity or for the
16construction, or operation of facilities owned or operated by such
17public entity, in any instance where the oversight board has found
18that early termination would be in the best interests of the taxing
19entities.
20(e) Determine whether any contracts, agreements, or other
21arrangements between the dissolved redevelopment agency and
22any private parties should be terminated or renegotiated to reduce
23liabilities and increase net revenues to the taxing entities, and
24present proposed termination or amendment agreements to the
25oversight board for its approval. The board may approve any
26amendments to or early termination of those agreements if it finds
27that amendments or early termination would be in the best interests
28of the taxing entities.
29(f) All actions taken pursuant to subdivisions (a) and (c) shall
30be approved by resolution of the oversight board at a public
31meeting
after at least 10 days’ notice to the public of the specific
32proposed actions. The actions shall be subject to review by the
33department pursuant to Section 34179 except that the department
34may extend its review period by up to 60 days. If the department
35does not object to an action subject to this section, and if no action
36challenging an action is commenced within 60 days of the approval
37of the action by the oversight board, the action of the oversight
38board shall be considered final and can be relied upon as conclusive
39by any person. If an action is brought to challenge an action
40involving title to or an interest in real property, a notice of
P4 1pendency of action shall be recorded by the claimant as provided
2in Title 4.5 (commencing with Section 405) of Part 2 of the Code
3of Civil Procedure within a 60-day period.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
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