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Specifically, the Act requires that a local agency disposing of surplus land must send a <br />"written offer to sell or lease for the purpose of developing low- and moderate -income <br />housing" to local public agencies and, upon request, to individuals or organizations <br />certified by the state to "own, construct, acquire, or rehabilitate a housing development' <br />Cal. Gov't Code § 54222(a) (internal citations omitted). The Act further requires that a <br />written offer to "sell or lease for park and recreational purposes or open -space purposes" <br />be sent to local and regional parks agencies. Cal. Gov't Code § 54222(b). <br />II. The City s Proposed Sale of the Parcels, As Currently Structured, Would Violate <br />the Act <br />Here, the City proposes to sell over 400,000 square feet of City -owned land in the Bristol <br />corridor through a combination of Requests for Proposals (RFPs) and direct negotiation. <br />The City's proposal is set forth in a Request for Council Action dated February 19, 2019 and <br />entitled "APPROVE THE REQUEST FOR PROPOSALS FOR THE SALE OF CITY -OWNED <br />PROPERTIES WITH RESTRICTED USE OF PROCEEDS AND ALLOW FOR DIRECT <br />NEGOTIATION FOR SALE OF EXEMPT REAL PROPERTY PER SANTA ANA MUNICIPAL <br />CODE" (the "Staff Report"). In the Staff Report, the City proposes to sell 28 combined <br />parcels through RFPs and 5 substandard parcels through direct negotiation. <br />The Parcels qualify as "surplus land" for purposes of the Act. The Act defines "surplus land" <br />as "land owned by any local agency, that is determined to be no longer necessary for the <br />agency's use, except property being held by the agency for the purpose of exchange." Cal. <br />Gov. Code § 54221 (b). The Staff Report expresses the City's determination to sell the <br />Parcels, in accordance with its desire to use the Parcels for purposes other than the <br />"municipal operations and various improvement projects" for which the Parcels were <br />originally acquired. That is, the Staff Report memorializes the City's determination that the <br />Parcels are no longer necessary for the City's use. <br />Yet, the Staff Report makes no mention of the Act or its procedural requirements or of <br />generating housing or open space through the disposition process. Indeed, the report <br />makes plain that the goal of the sale of the Parcels is to "promote revenue generating <br />development and increase [sic] local workforce base." The disposition process described in <br />the Staff Report, which the City aims to complete as soon as May 2019, does not include <br />offering to sell or lease the Parcels to entities for affordable housing or open space. <br />2 <br />