Today's Law As Amended


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SB-361 Surplus land: City of Anaheim.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 54230.7 is added to the Government Code, to read:

54230.7.
 (a) If the City of Anaheim is disposing of a parcel 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 city council shall hold an open and public session to review and consider the substance of the notice of violation. In addition to any other applicable notice requirements, the city council shall provide notice, in the manner prescribed by this section, prior to the session. The notice shall be disclosed on the city’s internet website, in a conspicuous public place at the offices of the city, and to the Department of Housing and Community Development no later than 14 days prior to the public session at which the notice of violation will be considered.
(b) The city council shall not take final action to ratify or approve the proposed disposal until a public session is held as required by this section.
(c) Nothing in this section shall be construed to require the City of Anaheim 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(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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 the City of Anaheim in cases where the city 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.
 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances in the City of Anaheim.
SEC. 4.
 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.