AgdaPkt 2012-10-08 - Laserfiche WebLink

Browse Search

8.A. - Page 9 • 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. California Government Code Section 65402: In the absence of an ordinance or resolution providing a different procedure, the Planning Commission must review all property acquisition and disposal proposals to determine compliance with the General Plan. Under state law, this requirement applies to general law and charter cities and broadly applies to any acquisition or disposal of public property, including but not limited to street vacations, parks, and other public properties. 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-%z 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. OtherCharterSections. The following sections are also important: Section 3-3/4 Acquisition and Disposal of Property by Port. Section 67 Contracts Section 74 Streets and Other Public Improvements under General Law Municipal & Zoning Code. There are numerous sections that may apply depending on the project. For example, purchasing requirements are contained in Chapter 2. ATTY/POLICIES/PROPERTY ACQUISITION AND DISPOSITION PROCEDURES REV:10-04-12 PT Page 4 of 21