§ 23A.6. COMPILATION OF INFORMATION BY ADMINISTRATOR.

(a) The Administrator shall review the list of Property submitted by City departments pursuant to Section 23A.5 to identify any Property that may be Surplus Property or Underutilized Property, and shall strike from this initial list any Property that does not meet the definition of Surplus Property or Underutilized Property under Section 23A.4, is under the jurisdiction of the Recreation and Park Department, the Airport or the Port, is part of the public right-of-way, or is subject to deed restrictions or other legal restrictions that would prevent the City from disposing of such Property pursuant to this Chapter 23A. The Administrator shall also provide to the Board of Supervisors a copy of the initial list upon request. No property shall be deemed Underutilized on the basis of available air rights if the applicable department head determines that development of such air rights would conflict with existing or planned future uses consistent with the department’s mission on that property. The Administrator shall also contact the Education Districts to ask if they have any surplus properties suitable for the development of Affordable Housing. The Administrator shall further consult with other City departments, the Mayor, and members of the Board of Supervisors to identify any Property listed on the initial list for which a City department other than the department with current jurisdiction has a specific operational need and shall remove such Properties from the Surplus Property Report. The Administrator shall thereafter initiate the transfer of jurisdiction over those identified Properties to the departments that can utilize them. The Administrator shall state in writing the reasons for the removal of each Property from the initial list and shall provide such report to MOHCD and the Board of Supervisors.

(b) By February 1 of each year, the Administrator shall compile a comprehensive report for the remaining Property listed that includes, at a minimum, the following information: the street address, if any, and the block and lot number for each Property; the City department with jurisdiction over each Property; a description of the zoning applicable to each Property; whether the property is vacant or intended to be vacant, contains any existing structures, and any additional information relevant to the potential development of the Property for Affordable Housing, including any legal restrictions or limitations on development of the Property such as the terms and conditions of any gift, trust, deed restriction, bond covenant or other covenants or restrictions (the "Surplus Property Report"). The Surplus Property Report shall also include a list of any and all City-owned properties that are adjacent to each listed Property and appear to be vacant or underutilized, along with the identification of the City department with jurisdiction over such adjacent property. The Surplus Property Report may include any property of the Education Districts for information purposes only. No later than March 1 of each year, the Administrator shall transmit the completed Surplus Property Report to MOHCD and to the Board of Supervisors. If the Administrator determines that there is no Surplus Property or Underutilized Property suitable for the development of Affordable Housing, the Administrator shall notify the Board of Supervisors of this determination. The Administrator shall maintain and release written records of all information compiled under this Chapter 23A in conformance with all state and local laws governing the retention and disclosure of public records.

(c) No later than April 15 of each year, the Board of Supervisors or a committee thereof shall hold a public hearing on the Surplus Property Report and determine if any Property should be transferred to MOHCD under Section 23A.7, provided the Board President may elect not to hold a hearing during any year in which the Administrator has determined that there is no Surplus Property or Underutilized Property suitable for the development of Affordable Housing. With respect to the Enterprise Departments and the Education Districts, the Board of Supervisors may make a recommendation of surplus and transfer, but the Enterprise Departments and the Education Districts shall each have the right to determine whether real property under its jurisdiction is surplus or underutilized and whether to dispose of property in any particular manner subject to the requirements of the City's Charter and California law.

(d) For a period of 120 days following the public hearing held under subsection (c) above, the City shall not initiate a request for bids or proposals or enter into contracts designed to facilitate the sale of Property (including brokerage and appraisal contracts) that the Board intends to transfer to MOHCD for any purpose other than the development of Affordable Housing, without the prior approval of the Board of Supervisors.

(Added by Ord. 227-02, File No. 011498, App. 11/26/2002; amended by Ord. 93-04, File No. 040537, App. 5/27/2004; , App. 11/3/2016; Ord. , File No. 180217, App. 1/25/2019, Eff. 2/25/2019)