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60D - PROPERTY DISPOSITION POLICY
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60D - PROPERTY DISPOSITION POLICY
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4/28/2022 11:07:48 AM
Creation date
4/26/2018 6:40:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
60D
Date
5/1/2018
Destruction Year
2023
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• Conformance with Provisions of Government Code Sections 54220 thru 54233: <br />California Government Code Sections 54220 thru 54233 requires that a local agency <br />proposing to dispose of surplus property must first notify all governmental agencies <br />operating within the City as to the availability of the property. The agencies are given 60 <br />days to respond with an intent to acquire, if not, the property may be deemed cleared <br />for public sale. (note: Government Code Sections 54220 thru 54233 requirements do <br />not apply to disposition of real property that has not been used by the City and acquired <br />or held for purposes of exchange or sale as a remnant in connection with <br />implementation of a City project). <br />• Community Comment Required Prior to Issuance+of Solicitation: Prior to the City <br />Council approving properties for inclusion `on %he list of properties available for <br />disposition, or authorizing issuance of solicitations -,for disposition (e.g. Requests for <br />Proposal, listing for sale or lease, etc.),Ihe"City shall conduct a noticed neighborhood <br />meeting pursuant to Section 2-153,-subsections (b) thru (g) of the Santa Ana Municipal <br />Code (relevant portions of Ordinance"NS-2838 "Sunshine Ordinance") in order to obtain <br />neighborhood comment on the proposed disposition and future use(s) of the real <br />property in question. <br />• Special Requirements Related'to,Disposition of, Park Land: Real property designated <br />as park land often have special restrictions related to the source of funds used for the <br />original acquisition or site 'development. -,Such restrictions can arise from covenants <br />restricting use to 'park purposes and the source of funds used to acquire the real <br />property. <br />• Appraisal and Authorization of sale by City Council: Upon approval by the City Council <br />.that -a property may be.sold, "the City Manager is authorized to sell the property for a <br />f price equal'to or greater than a.minimum'price established by a current (less than one <br />(1) year old) appraisal. <br />• 'Method of Sale: Properties may be sold by any method allowed by the Municipal Code <br />and this Policy. This 'include s"direct negotiation, request for proposal, listing with a <br />broker,, sealed bid, 'auction or other appropriate method as recommended by the City <br />Manager and approved by the City Council. As appropriate, disposition agreements <br />shall include reasonable "clawback" provisions that provide the City the ability to regain <br />ownership of a property as one remedy for non-performance by purchaser or lessee <br />under a disposition agreement or lease. <br />• Marketing: Properties offered for sale shall receive the widest possible exposure to the <br />market. This may be accomplished through direct marketing techniques, such as <br />requests for proposals (RFPs), advertising, exposure through the real estate media, <br />posting the property on the multiple listing service or any other appropriate method. <br />• Use of Proceeds: For transactions where the City retains disposition proceeds, the City <br />Manager may recommend use of proceeds; however, the City Council retains approval <br />5 <br />Z�. 1 • <br />
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