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7.13. - Page 2 <br />whether Section 3 % should be modified in terms of its application to the Port will occur as part <br />of the pending review and update. <br />The new section applying only to the City specifies that general law will provide the regulatory <br />framework for acquisition and disposition of City property including leases unless the City <br />Council chooses to set forth new regulations by ordinance. Under general law, a city may <br />purchase, lease, receive, hold, and dispose of real property in any way that it choses provided <br />that the disposition is for the common benefit (Cal. Gov't Code 37350). Further, the Planning <br />Commission must prepare a report that indicates that disposition of the property conforms to the <br />General Plan (Cal. Gov't Code 65402(a)). An alternative procedure under state law involves <br />making a finding that the public interest and necessity require selling the property to the highest <br />bidder, so this option is always available when other factors, such as conditions of development, <br />are less important. (Ca. Gov't Code §37420- 37430) There are additional procedures for <br />disposing of surplus property (Cal. Gov't Code §50568, and following, and 54220, and following) <br />The Charter Ad Hoc Committee would then also consider development of an ordinance <br />prescribing new rules for acquisition and disposition of property, so that it would be ready after <br />the November election, should the voters approve the proposed Charter amendment. <br />FISCAL IMPACT <br />None. <br />ALTERNATIVES <br />1. Do not authorize the Charter Ad Hoc Committee to proceed with an overall revision to the <br />Charter. <br />2. Do not proceed with revisions to Section 3 % of the Charter. <br />Council Member Rosanne S. Foust Council Member Jeffrey Gee <br />ATTACHMENTS <br />1. Draft Resolution Submitting to the Voters At The November 8, 2011 General Election A <br />Ballot Measure Proposing Amendments to the City's Charter <br />(A) Proposed Charter Amendments <br />RELATED DOCUMENTS IN CITY CLERK'S OFFICE <br />None <br />