AgdaPkt 2020-06-22 Joint SA PFA - Laserfiche WebLink

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6.C. - Page 10 of 29 (California Government Code Section 54220 et seq.: All cities, including charter cites, must first offer surplus City -owned property to: • Housing authorities • Parks, recreations and open space areas • Enterprise zones • Schools While these agencies have the "right of first offer," the City is not required to accept an offer from these entities if the terms are not acceptable to the City. Property exchanges are exempt from these provisions. Acquisition or Disposition of Property by Charter CitiesCe' fiorn ^ Government Code cantina 65402: Government Code Section 65402 requires a county, general law city or other local agency to report to the planning agency to in the absence of an ordinane^ or ^I.,*;^^ providing different procedure, the Planning Commission must -review all property acquisition and disposal proposals to determine compliance with the General Plan. Under state law, -ANS fequirement applies to geneFal law and chaFteF cities and bFE)adly applies to any acquisition OF disposal of public property, including but not limited to street vacations, parks, and other public operties. But Government Code Section 65700 ^ ^t However, charter cities are exempt from4l* General Plan consistency requirements unless charter cities adopt this requirement by charter or ordinance. Abandonment of Parks, Street Right -of -Ways: There are detailed requirements that must be met in each of these cases. As such, the City Attorney must be contacted for direction on a case-by-case basis. (See Cal. Gov't Code §§ 38440-38462, Streets & Highways Code § 8300, et seq.) 2. City Requirements. City Charter Has several provisions that apply to the acquisition and disposition of City property. For example - Section 3-% Acquisition and Disposal of Property by City: Subject to any additional provisions that the City Council may enact by ordinance, the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit. Other Charter Sections. The following sections are also important: ATTY/POLICIES/PROPERTY ACQUISITION AND DISPOSITION PROCEDURES FINAL REV: 09-16-13 PT Page 4 of 22 Commented [AR2]: Please check if this needs to be updated. Commented [AK3]: This is a very brief description of the general requirements. These requirements have not changed, but instead, they have been expanded by AB 1456 (taking effect on January 1, 2021). For example, new regulations require local governments to: -Take formal action in a regular public meeting to declare land surplus. That declaration must be supported by written findings. -Send a notice of availability to housing sponsors that have notified the Department of Housing and Community Development (HCD) of their interest. HCD is also required to maintain a listing of all notices of availability throughout the State on its website. -To provide specified information about its disposition process to HCD. HCD then has 30 days to review the information and submit written findings to the disposing agency if HCD determines the proposed land disposal will violate requirements of this new law. Violations would be subject to monetary penalties or enforcement action. - List specified sites owned by the city or county that have been sold, leased or otherwise disposed of in the prior year. The list must include the entity to whom each site was transferred and the intended use for the site. Let me know if these should be included. *1