| 1 | | - | Senate Bill No. 229 CHAPTER 774An act to add Section 54230.7 to the Government Code, relating to surplus land. [ Approved by Governor October 11, 2023. Filed with Secretary of State October 11, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 229, Umberg. Surplus land: disposal of property: violations: public meeting.Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 1 | + | Enrolled September 14, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 11, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly August 24, 2023 Amended IN Senate February 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 229Introduced by Senator UmbergJanuary 23, 2023An act to add Section 54230.7 to the Government Code, relating to surplus land. LEGISLATIVE COUNSEL'S DIGESTSB 229, Umberg. Surplus land: disposal of property: violations: public meeting.Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 3 | | - | Senate Bill No. 229 CHAPTER 774An act to add Section 54230.7 to the Government Code, relating to surplus land. [ Approved by Governor October 11, 2023. Filed with Secretary of State October 11, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 229, Umberg. Surplus land: disposal of property: violations: public meeting.Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 3 | + | Enrolled September 14, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 11, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly August 24, 2023 Amended IN Senate February 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 229Introduced by Senator UmbergJanuary 23, 2023An act to add Section 54230.7 to the Government Code, relating to surplus land. LEGISLATIVE COUNSEL'S DIGESTSB 229, Umberg. Surplus land: disposal of property: violations: public meeting.Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
|---|
| 14 | 26 | | |
|---|
| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 16 | 28 | | |
|---|
| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
|---|
| 18 | 30 | | |
|---|
| 19 | 31 | | SB 229, Umberg. Surplus land: disposal of property: violations: public meeting. |
|---|
| 20 | 32 | | |
|---|
| 21 | 33 | | Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.This bill would make legislative findings to that effect.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 22 | 34 | | |
|---|
| 23 | 35 | | Existing law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the propertys intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Existing law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under existing law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. |
|---|
| 24 | 36 | | |
|---|
| 25 | 37 | | This bill would require a local agency that is disposing of surplus land and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agencys governing body to provide prescribed notice no later than the time required by specified provisions. The bill would prohibit the local agencys governing body from taking final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required. The bill would exempt from its provisions a local agency that ceases to dispose of surplus land after receiving the notice of violation. By imposing new duties on local agencies, the bill would impose a state-mandated local program. |
|---|
| 26 | 38 | | |
|---|
| 27 | 39 | | The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. |
|---|
| 28 | 40 | | |
|---|
| 29 | 41 | | This bill would make legislative findings to that effect. |
|---|
| 30 | 42 | | |
|---|
| 31 | 43 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
|---|
| 32 | 44 | | |
|---|
| 33 | 45 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
|---|
| 34 | 46 | | |
|---|
| 35 | 47 | | ## Digest Key |
|---|
| 36 | 48 | | |
|---|
| 37 | 49 | | ## Bill Text |
|---|
| 38 | 50 | | |
|---|
| 39 | 51 | | The people of the State of California do enact as follows:SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 40 | 52 | | |
|---|
| 41 | 53 | | The people of the State of California do enact as follows: |
|---|
| 42 | 54 | | |
|---|
| 43 | 55 | | ## The people of the State of California do enact as follows: |
|---|
| 44 | 56 | | |
|---|
| 45 | 57 | | SECTION 1. Section 54230.7 is added to the Government Code, to read:54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. |
|---|
| 46 | 58 | | |
|---|
| 47 | 59 | | SECTION 1. Section 54230.7 is added to the Government Code, to read: |
|---|
| 48 | 60 | | |
|---|
| 49 | 61 | | ### SECTION 1. |
|---|
| 50 | 62 | | |
|---|
| 51 | 63 | | 54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. |
|---|
| 52 | 64 | | |
|---|
| 53 | 65 | | 54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. |
|---|
| 54 | 66 | | |
|---|
| 55 | 67 | | 54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered.(b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section.(c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation.(d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. |
|---|
| 56 | 68 | | |
|---|
| 57 | 69 | | |
|---|
| 58 | 70 | | |
|---|
| 59 | 71 | | 54230.7. (a) If a local agency is disposing of surplus land and has received a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to the parcel, the local agency shall hold an open and public meeting to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the local agency shall provide notice, in the manner prescribed by this section, before the public meeting. The notice shall be disclosed on the local agencys internet website, if the local agency maintains one, in a conspicuous public place at the offices of the local agency, and to the Department of Housing and Community Development no later than the time of posting required pursuant to Chapter 9 (commencing with Section 54950) for the public meeting at which the notice of violation will be considered. |
|---|
| 60 | 72 | | |
|---|
| 61 | 73 | | (b) The local agencys governing body shall not take final action to ratify or approve the proposed disposal of surplus land until a public meeting is held as required by this section. |
|---|
| 62 | 74 | | |
|---|
| 63 | 75 | | (c) Nothing in this section shall be construed to require the legislative body of a local agency to disclose information that is privileged or protected pursuant to Section 54956.8 in the public meeting to discuss the substance of the notice of violation. |
|---|
| 64 | 76 | | |
|---|
| 65 | 77 | | (d) A local agency is exempt from the requirements of this section if it ceases to dispose of surplus land after receiving a notification from the Department of Housing and Community Development pursuant to Section 54230.5 that it is in violation of this article with regard to surplus land. |
|---|
| 66 | 78 | | |
|---|
| 67 | 79 | | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. |
|---|
| 68 | 80 | | |
|---|
| 69 | 81 | | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. |
|---|
| 70 | 82 | | |
|---|
| 71 | 83 | | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 54230.7 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: |
|---|
| 72 | 84 | | |
|---|
| 73 | 85 | | ### SEC. 2. |
|---|
| 74 | 86 | | |
|---|
| 75 | 87 | | This act is necessary to give the public adequate notice of and opportunity to comment in an open and public session on the proposed disposition and use of surplus public property by a local agency in cases where the local agency has not complied with the statutory requirements for the disposal of surplus land in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. |
|---|
| 76 | 88 | | |
|---|
| 77 | 89 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 78 | 90 | | |
|---|
| 79 | 91 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 80 | 92 | | |
|---|
| 81 | 93 | | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
|---|
| 82 | 94 | | |
|---|
| 83 | 95 | | ### SEC. 3. |
|---|