Martinez Municipal Code Ch. 12.40 Disposition of City Real Property

A. The real property of the City of Martinez is held in trust for the common benefit of all its citizens. It is the intent of this Chapter to assure that no disposal of City real property governed by this Chapter takes place unless the disposition is for the common benefit of all the citizens of Martinez and is required by the public interest and convenience.

B. Subject to the exceptions set forth in Section 12.40.020, this Chapter shall only apply to proposed dispositions and dispositions of City real property for the exclusive use or benefit of specified parties (and shall apply to such exclusive use or benefit dispositions even where the City retains an easement or other interest in the real property in question).

Disposition of City real property governed by this Chapter shall require, among other things, a Council resolution finding that the disposition is for the common benefit of all the citizens of Martinez and is required by the public interest and convenience, coupled with a statement of the facts supporting such finding; provided, however, that should any state law apply to any such disposition, and should such state law require that certain findings be made in order to dispose of such real property, in the event that the City Council makes the findings required by such state law and, based thereon, finds that the proposed disposition is for the common benefit of all the citizens of Martinez, no further factual or other findings need be made and it shall be deemed that the disposition is for the common benefit of all the citizens of Martinez and is required by the public interest and convenience.

(Ord. 1321 C.S. § 2, 2005)

This Chapter shall not apply to the following dispositions of City real property:

A. The encroachments by public entities (or by private entities providing a public utility type service) into City rights-of-way that are governed by other chapters of Martinez Municipal Code Title 12;

B. Dispositions concerning City real property of 250 square feet or less;

C. Vacations of City real property to which California Streets and Highways Code Section 8300 et seq. applies; provided that prior to the City Council approving any such vacation, Sections 12.40.040(B) and (C) of this Chapter shall be complied with. The City Manager shall adopt procedures and policies to regulate vacations described in this subsection;

D. The leasing and licensing of City real property;

E. Any disposition of City real property which is not for the exclusive use or benefit of specified parties.

(Ord. 1321 C.S. § 2, 2005)

To comply with California Government Code Section 50569, on or before October 31 of each year, the City Manager shall cause to be prepared an annual inventory of real property owned by the City. That inventory shall also identify which City-owned real property, if any, is deemed to be in excess of the City's foreseeable needs. Such inventory and identification shall be submitted to the City Council for review and approval. The City Council's hearing on the proposed inventory and identification (collectively "inventory") shall be noticed in accordance with California Government Code Sections 65091 and 65092, except that:

A. The notice described in California Government Code Section 65091(a)(3) shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of each of the properties identified in the inventory;

B. The notice shall be published pursuant to California Government Code Section 65091(a)(4)(A); and

C. As to those properties identified as being in excess of the City's foreseeable needs, the notice shall specify an address (if one exists) and assessor's parcel number (if one exists) and include a locator map showing the subject property; and

D. The notice shall specify the date, time and location of the public hearing.

Notwithstanding the foregoing, in the event the proposed inventory or proposed amended inventory identifies at least 5 separate parcels, the City may forego mailing the notice pursuant to subsection A above; provided that, in all cases, the notice specified in subsection A above shall be mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of each of the properties identified in the inventory as being in excess of the City's foreseeable needs. The materials described above shall be made available for inspection and copying by the public at least 10 days prior to the Council's noticed hearing on the inventory. The inventory described above may be amended at any time by the City Council provided that the notice and hearing requirements specified above are first complied with. If the inventory proposed to be submitted by the City Manager to the City Council for approval pursuant to this Section does not identify any pieces of real property or does not add any real property to the previously approved inventory, or does not change the designation as to whether or not any property on the previously approved inventory is surplus, then no notice need be given prior to the submission of the inventory to the Council for approval other than is otherwise required by the Ralph M. Brown Act.

(Ord. 1321 C.S. § 2, 2005)

A. The Council shall not dispose of any real property unless it is identified as surplus in the inventory of City property described in Section 12.40.030 above, and has therefore been determined by the Council to be in excess of foreseeable City needs.

B. Prior to any action to dispose of City real property, the City Manager shall prepare a report ("Council Report") to the City Council requesting authorization to initiate the process for disposition of the property; provided, however, that the City Manager shall not require authorization from the City Council prior and as a condition to preparing the Council Report.

C. The Council Report shall include up-to-date, general information on the real property, the reasons for requesting its disposition, an identification of the person(s) or entity(ies), if any, to whom the real property is proposed to be disposed, a recommendation on whether it should be disposed of, and, if by sale, whether the City should dispose of the property by (1) negotiation or (2) public bid.

D. In reviewing and taking action on the Council Report, the City Council shall: (1) determine whether or not the real property proposed for disposition is listed as surplus in the inventory required under Section 12.40.030 above; (2) determine whether the real property is required to be so listed; (3) if the real property is not so listed, determine whether as part of any other direction given to the City Manager, the City Manager should be instructed to initiate those steps necessary to determine whether the property should be designated as surplus; (4) irrespective of whether the real property is so listed, subject to and consistent with the last sentence of Section 12.40.010(B) of this Chapter, preliminarily determine whether its disposition is for the common benefit of the citizens of Martinez, is required by public interest and convenience and is in compliance with applicable law (the preliminary findings described in this subsection shall not be binding upon the City); (5) preliminarily determine whether (a) any limitations should be imposed on the specified parties' use of the real property and/or (b) the real property should be merged or subjected to a lot line adjustment with adjacent properties; and (6) determine whether the Council is interested in pursuing or is opposed to the disposition of the real property. If after making these determinations, the Council is willing to permit the disposition of the real property to be examined and/or pursued further, the Council shall give instructions to the City Manager to coordinate the proceedings for disposition under the process outlined in this Chapter, as specified by the City Council and as otherwise required by state law. In giving such instructions to the City Manager, the Council may designate the method of disposition, including, but not limited to, public bid, negotiated sale or exchange.

E. The City Manager may designate a City staff member to serve as the City's property manager to perform the functions and duties specified in this Chapter.

(Ord. 1321 C.S. § 2, 2005)

Dispositions of real property governed by this Chapter (1) must be referred to the Planning Commission for a General Plan consistency determination pursuant to California Government Code Section 65402(2), may be referred to other City commissions or committees for a report containing information specified by the City Council, and (3) must be referred to other agencies if required under California Government Code Section 54220 et seq.

(Ord. 1321 C.S. § 2, 2005)

A. Except with respect to the Council's approval of the annual inventory as provided in Section 12.40.030 above, prior to Council action on any disposal or proposal to dispose of real property, the Council shall provide notice in a newspaper of general circulation and post the notice at City Hall, with a prominent display "NOTICE OF POTENTIAL DISPOSAL OF PUBLIC PROPERTY."

B. The notice shall remain posted at the City Hall beginning no later than one month prior to the date on which the Council will consider the property disposal. The notice shall also be published and mailed pursuant to Section 12.40.030 of this Chapter. In the event that Council consideration of the inventory described in Section 12.40.030 of this Chapter, the Council report and/or disposition of real property are scheduled for the same Council meeting, 1 notice may be utilized to describe 2 or more of such events, but the notice shall contain all of the information and comply with all the requirements required hereunder pertinent to each event so scheduled. At the same meeting, the Council may not consider and/or take action on (1) a Council report (pursuant to Section 12.40.040(D) of this Chapter) and (2) the final disposition documents which pertain to the same real property.

C. The notice shall contain a description of the real property proposed to be disposed of, the proposed use for the property and its general plan designation. The posted notice shall, in addition, contain a map showing the location of the property and all parcels within 300 feet of that property.

D. The Council shall allow public testimony on the proposed disposal on the date of Council action.

E. Copies of all documents prepared under Sections 12.40.070 and/or 12.40.080 of this Chapter shall be made available for public inspection at least 10 days prior to the date the Council takes final action on the proposed disposition.

(Ord. 1321 C.S. § 2, 2005)

After the Council makes its preliminary and nonbinding determination specified in Section 12.40.040(D) of this Chapter and direction is given to proceed with a real property's disposition, the City Manager shall determine whether the real property shall be disposed of by public bid, negotiation, exchange or some other method as long as in making its determinations pursuant to Section 12.40.040(D) of this Chapter, the Council did not specify the manner in which the real property's disposition was to be effected. The City Manager's manner of disposition determination shall be consistent with the rules and regulations promulgated under Section 12.40.100 of this Chapter and shall be subject to the Council's approval. All fees and costs incurred by the City in disposing of real property under this Chapter shall be paid for by the person or entity desiring to acquire the real property; provided, however, that where necessary and appropriate, such fees and costs may be waived by the City Council.

(Ord. 1321 C.S. § 2, 2005)

Only the City Council may approve or disapprove the disposition of the City's real property and shall do so under the terms and conditions of disposition approved by a majority vote of the entire Council.

(Ord. 1321 C.S. § 2, 2005)

As used in this Chapter:

A.

"Disposal," "dispose" or "disposition"

means any sale, encroachment, franchise, grant of easement, conveyance and lot line adjustments.

B.

"Real property"

shall be defined as specified in California Civil Code Section 658.

C.

"Exclusive use" or "benefit"

or words of similar import means that the person or entity entitled to or granted such exclusive use or benefit with respect to real property shall have the right to exclude any or all persons and entities from that real property (except the City, if the City retains an interest in the real property) and/or prevent any or all persons from benefitting from that real property (except the City, if the City retains an interest in the real property).

D.

"Specified parties"

means the person or persons (including entities) to whom real property is disposed under this Chapter.

(Ord. 1321 C.S. § 2, 2005)

The City Manager shall promulgate rules and regulations specifying the procedures and steps to be followed in implementing this Chapter.

(Ord. 1321 C.S. § 2, 2005)