AgdaPkt 2014-03-10 Closed and Regular

Browse Search

7.4.A. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager March 10, 2014 SUBJECT Surplus Land Determinations RECOMMENDATION Waive First Reading and Introduce An Ordinance of the City of Redwood City Adding A New Article V to Chapter 2 (Administration) to the Municipal Code Relating To Acquisition and Disposition of Real Property. BACKGROUND State law includes a number of statutes that potentially govern the disposition of surplus City property, including Government Code Section 54220, et seq. (the " Surplus Land Act "). As discussed with the City Council pursuant to a staff report on January 13, 2014, under the Surplus Land Act, state agencies and subdivisions of the state, including cities or counties, disposing of surplus land must first send a written offer to sell it to and negotiate in good faith the conveyance of such surplus land with certain local agencies designated by the state for affordable housing, recreation, open space and school purposes. Therefore, any conveyances of City Surplus Land would be subject to the state Land Act. Under state law, "surplus land" means "land owned by any local agency that is determined to be no longer necessary for the agency's use, except property held by the agency for the purpose of exchange." (Cal. Gov't Code §54221(b)) As anticipated by Charter Section 3 1/2 and required by state law, the City determines what land is no longer necessary for City use. During its January 13, 2014 meeting, the City Council directed staff to prepare an ordinance articulating the basis for determining what constitutes land that is no longer necessary for City use. ANALYSIS To dispose of City property, the City must first determine whether the property is surplus or not. If the land is surplus, then the City must follow the procedures set forth in State law as well the analysis required by Redwood City Charter Section 3 1 /2 pursuant to which the City must determine whether the proposed disposition serves the "common benefit ". If the land is not surplus, then the City must only make the analysis set forth in Redwood City Charter Section 3 '/.