37350. A city may purchase, lease, receive, hold, and enjoy real
and personal property, and control and dispose of it for the common
benefit.
37350.5. A city may acquire by eminent domain any property
necessary to carry out any of its powers or functions.
37351. The legislative body may purchase, lease, exchange, or
receive such personal property and real estate situated inside or
outside the city limits as is necessary or proper for municipal
purposes. It may control, dispose of, and convey such property for
the benefit of the city. The legislative body shall not sell or
convey any portion of a water front, except to the State for use as a
public beach or park, unless by a four-fifths vote of its members
the legislative body finds and determines that the water front to be
sold or conveyed is not suitable for use as a public beach or park.
37351.5. (a) Prior to the entering into agreement to finance the
lease or lease-purchase of property through the issuance of
certificates of participation of lease revenue bonds, the legislative
body of a city may elect, by resolution, to guarantee payment under
that financing agreement in accordance with the following:
(1) A city that elects to participate under this section shall
provide notice to the Controller of that election, which notice shall
include a schedule for the payments to be made by the city under
that financing agreement, and identify a trustee appointed by the
city for the purposes of this section.
(2) In the event that, for any reason, the funds otherwise
available to the city will not be sufficient to make any payment
under the financing agreement at the time that payment is required,
the city shall so notify the bond trustee. The trustee shall
immediately communicate that information to the affected holders of
certificates of participation or bondholders, and to the Controller.
(3) When the Controller receives notice from the trustee as
described in paragraph (2), or the city fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from moneys
credited to the Motor Vehicle License Fee Account in the
Transportation Tax Fund to which that city is entitled at that time
under Chapter 5 (commencing with Section 11001) of Part 5 of Division
2 of the Revenue and Taxation Code, and shall thereupon reduce, by
the amount of the payment, the subsequent allocation or allocations
to which the city would otherwise be entitled under that chapter.
(b) This section shall not be construed to obligate the State of
California to make any payment to a city from the Motor Vehicle
License Fee Account in the Transportation Tax Fund in any amount or
pursuant to any particular allocation formula, or to make any other
payment to a city, including, but not limited to, any payment in
satisfaction of any debt or liability incurred or guaranteed by a
city in accordance with this section.
37352. The legislative body may erect and maintain buildings for
municipal purposes.
37352.1. After January 1, 1980, with respect to the construction,
purchase, or lease of buildings which are located or will be located
in a standard metropolitan statistical area (SMSA) with a population
of 250,000 or more according to the most recent decennial census,
which is served by a public transit operator, as defined in Section
99210 of the Health and Safety Code, the legislative body shall give
consideration to the location in existing public transit corridors,
as defined in Section 50093.5 of the Health and Safety Code, for the
area. Construction, purchase, or lease of buildings at locations
outside of existing public transit corridors may be approved after
the legislative body has determined: (1) the purpose of the facility
does not require transit access; or (2) it is not feasible to locate
the facility in an existing transit corridor; or (3) the transit
operator will provide service as needed to effectively serve the
facility. The board may request the assistance of the transit
operator in making its determination and shall notify the operator of
its decision.
37352.2. The requirements of Section 37352.1 shall be met if the
legislative body has obtained from the transportation planning agency
approval of its procedures and criteria for giving adequate
consideration to the location of existing public transit corridors
when acquiring public buildings or if the legislative body is the
governing body of the transit operator. Before the transportation
planning agency approves such procedures and criteria, any transit
operator in the county shall have 45 days to review and comment.
37353. The legislative body may acquire property needed for:
(a) Parking motor vehicles.
(b) Opening and laying out any street, alley, lane, or tunnel from
the point where it ceases to the point where it again commences. It
may lay out and improve such a street, alley, lane, or tunnel and pay
the expense incurred out of the general fund.
(c) Golf courses; provided, however, that no existing golf course
may be acquired by means of proceedings pursuant to eminent domain.
37354. The legislative body may accept or reject any gift, bequest,
or devise made to or for the city, or to or for any of its officers
in their official capacity or in trust for any public purpose.
It may hold and dispose of the property and the income and
increase from the property for such uses as are prescribed in the
terms of the gift, bequest, or devise.
37355. If the terms of a gift, bequest, or devise do not prescribe
or limit the uses to which the property received or the income or
increase from it may be put, it may be put to such uses as the
legislative body prescribes.
37356. When the legislative body determines that the public
interest or convenience requires the construction and maintenance of
passageways or other structures under or over any public alley in the
city, to connect buildings located on abutting property and
facilitate the public use of the streets, it may grant revocable
permits for their construction and maintenance. They shall be
constructed and maintained so as not to interfere with public traffic
on the alley. The city may regulate the use of such passageways or
structures.
37357. By majority vote the legislative body may grant property
owners or proprietors of manufacturing or industrial enterprises the
right to construct, maintain, and operate spur tracks from their
premises to a connection with any railroad. The legislative body may
revoke the grant.
37358. When the State has granted a city tide and submerged lands
within its boundaries, it may grant any portion of such lands to the
United States for public or governmental uses, including military or
naval purposes. Such a grant may be made only if it has been approved
by a vote of a majority of the city electors voting upon the
proposition.
37359. Unless otherwise provided by law, the legislative body
having control of any property owned or controlled by the city may at
any time withdraw the property from the personal access and use of
members of the public, or limit the access or use in area or time or
in any other reasonable manner deemed necessary. Any person
thereafter using the property without permission or in a manner other
than that prescribed is a trespasser. This section does not limit or
restrict any person from access or use who has a private right in
the property.
37360. The legislative body of any city having jurisdiction over
any tide, submerged, or reclaimed lands of the city, which lands or
any interest therein are sought by the United States in eminent
domain proceedings, is authorized to enter into any compromise with
respect to such lands which seems just and expedient to it. Nothing
in this section shall be construed to relinquish any reservation to
deposits of oil and gas and other hydrocarbon and mineral deposits
and rights of way giving access to such deposits as prescribed in
Section 6402 of the Public Resources Code that has been made by the
State in granting such lands to the city.
37361. (a) The legislative body may acquire property for the
preservation or development of a historical landmark. The legislative
body may also acquire property for development for recreational
purposes and for development of facilities in connection therewith.
(b) The legislative body may provide for places, buildings,
structures, works of art, and other objects, having a special
character or special historical or aesthetic interest or value,
special conditions or regulations for their protection, enhancement,
perpetuation or use, which may include appropriate and reasonable
control of the use or appearance of neighboring private property
within public view, or both.
(c) Until January 1, 1995, subdivision (b) shall not apply to
noncommercial property owned by a religiously affiliated association
or corporation not organized for private profit, whether incorporated
as a religious or public benefit corporation, unless the owner of
the property does not object to its application. This subdivision
does apply to a charter city. Nothing in this subdivision shall be
construed to infringe on the authority of the legislative body to
enforce special conditions and regulations on any property designated
prior to January 1, 1994. Subdivision (b) shall not apply to
noncommercial property owned by any association or corporation that
is religiously affiliated and not organized for private profit,
whether the corporation is organized as a religious corporation, or
as a public benefit corporation, provided that both of the following
occur:
(1) The association or corporation objects to the application of
the subdivision to its property.
(2) The association or corporation determines in a public forum
that it will suffer substantial hardship, which is likely to deprive
the association or corporation of economic return on its property,
the reasonable use of its property, or the appropriate use of its
property in the furtherance of its religious mission, if the
application is approved.
(d) Nothing in this subdivision shall be construed to infringe on
the authority of any legislative body to enforce special conditions
and regulations on any property designated prior to January 1, 1994,
or to authorize any legislative body to override the determination
made pursuant to paragraph (2) of subdivision (c). This subdivision
shall apply to a charter city.
37361.1. Notwithstanding anything in this chapter to the contrary,
the legislative body may convey, upon such terms and conditions as it
determines to be in the public interest, any surplus real property,
together with any building thereon, owned by the city which has been
determined by the legislative body to be of general historical
interest, to an association or society the purpose of which is to
research and promote the city's historical heritage or to preserve
property of historical interest in the city and which is a nonprofit
corporation formed under the laws of this state. Any such conveyance
shall contain a condition to the effect that the historical nature of
the property be restored, preserved, or both, for the benefit of the
citizens of the city, and that title will revert to the city in the
event that the association or society conveys the property in
question to any person or entity which is not a nonprofit corporation
involved with preserving and researching the history of the city.
37362. The Legislature hereby finds that many persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code, cannot afford to purchase housing in the
conventional housing market. The Legislature also recognizes that
cities occasionally acquire residential property requiring
substantial rehabilitation prior to being deemed habitable. Since
maintenance of existing housing stock and the extension of
opportunities for homeownership are desirable objectives, the
Legislature declares that the public interest would be well served if
cities were empowered to sell such residential property at less than
market value to such persons and families of low or moderate income,
on condition that the purchaser rehabilitate the home and reside
therein for a specified length of time. The provisions of this
section shall apply to a chartered city.
37363. When the legislative body of a city finds the public
interest and convenience require the sale for less than the market
price of residential property acquired by the city, it may pass an
ordinance providing for such sale. The ordinance shall set forth the
procedure to be followed in completing such sales, including the
qualifications required of a purchaser of such property, and shall
contain provisions requiring that the purchaser of the property live
in the property for a specified length of time and must rehabilitate
such property to the extent specified in the ordinance; provided,
however, that title to the property shall not be transferred until
all the requirements set forth in the ordinance have been satisfied.
Upon transfer of title by the city pursuant to any ordinance adopted
under the provisions of this section, compliance with the
requirements of the ordinance shall be conclusively presumed in favor
of a bona fide purchaser or encumbrancer for value. Persons eligible
to purchase such residential property shall be persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code. To the greatest extent possible, cities shall
utilize such ordinances to assist very low income households, as
defined by Section 50105 of the Health and Safety Code, and lower
income households, as defined by Section 50079.5 of the Health and
Safety Code. The provisions of this section shall apply to a
chartered city.
37364. (a) The Legislature reaffirms its finding that the provision
of housing for all Californians is a concern of vital statewide
importance. The Legislature recognizes that real property of cities
can be utilized, in accordance with a city's best interests, to
provide housing affordable to persons and families of low or moderate
income. Therefore, notwithstanding any provision of a city's
charter, or any other provision of law, whenever the legislative body
of a city determines that any real property or interest therein
owned or to be purchased by the city can be used to provide housing
affordable to persons and families of low or moderate income, as
defined by Section 50093 of the Health and Safety Code or as defined
by the United States Department of Housing and Urban Development or
its successors, and that this use is in the city's best interests,
the city may sell, lease, exchange, quitclaim, convey, or otherwise
dispose of the real property or interest therein at less than fair
market value, or purchase an interest in the real property, to
provide that affordable housing under whatever terms and conditions
the city deems best suited to the provision of such housing.
(b) Not less than 80 percent of the area of any parcel of property
disposed of pursuant to this section shall be used for development
of housing.
(c) Not less than 40 percent of the total number of those housing
units developed on any parcel pursuant to this section shall be
affordable to households whose incomes are equal to, or less than, 75
percent of the maximum income of lower income households, and at
least half of which shall be affordable to very low income
households.
(d) Dwelling units produced for persons and families of low or
moderate income under this section shall be restricted by regulatory
agreement to remain continually affordable to those persons and
families for the longest feasible time, but not less than 30 years,
pursuant to a method prescribed by the city. The regulatory agreement
shall contain a provision making the covenants and conditions of the
agreement binding upon successors in interest of the housing
sponsor. The regulatory agreement shall be recorded in the office of
the county recorder of the county in which the housing development is
located. The regulatory agreement shall be recorded in the
grantor-grantee index to the name of the property owner as grantor
and to the name of the city as grantee.
(e) The provisions of this section shall apply to all cities,
including charter cities.
(f) The definitions of "persons and families of low and moderate
income," "lower income households," and "very low income households"
set forth in Sections 50079, 50093, and 50105 of the Health and
Safety Code shall apply to this section.
37350. A city may purchase, lease, receive, hold, and enjoy real
and personal property, and control and dispose of it for the common
benefit.
37350.5. A city may acquire by eminent domain any property
necessary to carry out any of its powers or functions.
37351. The legislative body may purchase, lease, exchange, or
receive such personal property and real estate situated inside or
outside the city limits as is necessary or proper for municipal
purposes. It may control, dispose of, and convey such property for
the benefit of the city. The legislative body shall not sell or
convey any portion of a water front, except to the State for use as a
public beach or park, unless by a four-fifths vote of its members
the legislative body finds and determines that the water front to be
sold or conveyed is not suitable for use as a public beach or park.
37351.5. (a) Prior to the entering into agreement to finance the
lease or lease-purchase of property through the issuance of
certificates of participation of lease revenue bonds, the legislative
body of a city may elect, by resolution, to guarantee payment under
that financing agreement in accordance with the following:
(1) A city that elects to participate under this section shall
provide notice to the Controller of that election, which notice shall
include a schedule for the payments to be made by the city under
that financing agreement, and identify a trustee appointed by the
city for the purposes of this section.
(2) In the event that, for any reason, the funds otherwise
available to the city will not be sufficient to make any payment
under the financing agreement at the time that payment is required,
the city shall so notify the bond trustee. The trustee shall
immediately communicate that information to the affected holders of
certificates of participation or bondholders, and to the Controller.
(3) When the Controller receives notice from the trustee as
described in paragraph (2), or the city fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from moneys
credited to the Motor Vehicle License Fee Account in the
Transportation Tax Fund to which that city is entitled at that time
under Chapter 5 (commencing with Section 11001) of Part 5 of Division
2 of the Revenue and Taxation Code, and shall thereupon reduce, by
the amount of the payment, the subsequent allocation or allocations
to which the city would otherwise be entitled under that chapter.
(b) This section shall not be construed to obligate the State of
California to make any payment to a city from the Motor Vehicle
License Fee Account in the Transportation Tax Fund in any amount or
pursuant to any particular allocation formula, or to make any other
payment to a city, including, but not limited to, any payment in
satisfaction of any debt or liability incurred or guaranteed by a
city in accordance with this section.
37352. The legislative body may erect and maintain buildings for
municipal purposes.
37352.1. After January 1, 1980, with respect to the construction,
purchase, or lease of buildings which are located or will be located
in a standard metropolitan statistical area (SMSA) with a population
of 250,000 or more according to the most recent decennial census,
which is served by a public transit operator, as defined in Section
99210 of the Health and Safety Code, the legislative body shall give
consideration to the location in existing public transit corridors,
as defined in Section 50093.5 of the Health and Safety Code, for the
area. Construction, purchase, or lease of buildings at locations
outside of existing public transit corridors may be approved after
the legislative body has determined: (1) the purpose of the facility
does not require transit access; or (2) it is not feasible to locate
the facility in an existing transit corridor; or (3) the transit
operator will provide service as needed to effectively serve the
facility. The board may request the assistance of the transit
operator in making its determination and shall notify the operator of
its decision.
37352.2. The requirements of Section 37352.1 shall be met if the
legislative body has obtained from the transportation planning agency
approval of its procedures and criteria for giving adequate
consideration to the location of existing public transit corridors
when acquiring public buildings or if the legislative body is the
governing body of the transit operator. Before the transportation
planning agency approves such procedures and criteria, any transit
operator in the county shall have 45 days to review and comment.
37353. The legislative body may acquire property needed for:
(a) Parking motor vehicles.
(b) Opening and laying out any street, alley, lane, or tunnel from
the point where it ceases to the point where it again commences. It
may lay out and improve such a street, alley, lane, or tunnel and pay
the expense incurred out of the general fund.
(c) Golf courses; provided, however, that no existing golf course
may be acquired by means of proceedings pursuant to eminent domain.
37354. The legislative body may accept or reject any gift, bequest,
or devise made to or for the city, or to or for any of its officers
in their official capacity or in trust for any public purpose.
It may hold and dispose of the property and the income and
increase from the property for such uses as are prescribed in the
terms of the gift, bequest, or devise.
37355. If the terms of a gift, bequest, or devise do not prescribe
or limit the uses to which the property received or the income or
increase from it may be put, it may be put to such uses as the
legislative body prescribes.
37356. When the legislative body determines that the public
interest or convenience requires the construction and maintenance of
passageways or other structures under or over any public alley in the
city, to connect buildings located on abutting property and
facilitate the public use of the streets, it may grant revocable
permits for their construction and maintenance. They shall be
constructed and maintained so as not to interfere with public traffic
on the alley. The city may regulate the use of such passageways or
structures.
37357. By majority vote the legislative body may grant property
owners or proprietors of manufacturing or industrial enterprises the
right to construct, maintain, and operate spur tracks from their
premises to a connection with any railroad. The legislative body may
revoke the grant.
37358. When the State has granted a city tide and submerged lands
within its boundaries, it may grant any portion of such lands to the
United States for public or governmental uses, including military or
naval purposes. Such a grant may be made only if it has been approved
by a vote of a majority of the city electors voting upon the
proposition.
37359. Unless otherwise provided by law, the legislative body
having control of any property owned or controlled by the city may at
any time withdraw the property from the personal access and use of
members of the public, or limit the access or use in area or time or
in any other reasonable manner deemed necessary. Any person
thereafter using the property without permission or in a manner other
than that prescribed is a trespasser. This section does not limit or
restrict any person from access or use who has a private right in
the property.
37360. The legislative body of any city having jurisdiction over
any tide, submerged, or reclaimed lands of the city, which lands or
any interest therein are sought by the United States in eminent
domain proceedings, is authorized to enter into any compromise with
respect to such lands which seems just and expedient to it. Nothing
in this section shall be construed to relinquish any reservation to
deposits of oil and gas and other hydrocarbon and mineral deposits
and rights of way giving access to such deposits as prescribed in
Section 6402 of the Public Resources Code that has been made by the
State in granting such lands to the city.
37361. (a) The legislative body may acquire property for the
preservation or development of a historical landmark. The legislative
body may also acquire property for development for recreational
purposes and for development of facilities in connection therewith.
(b) The legislative body may provide for places, buildings,
structures, works of art, and other objects, having a special
character or special historical or aesthetic interest or value,
special conditions or regulations for their protection, enhancement,
perpetuation or use, which may include appropriate and reasonable
control of the use or appearance of neighboring private property
within public view, or both.
(c) Until January 1, 1995, subdivision (b) shall not apply to
noncommercial property owned by a religiously affiliated association
or corporation not organized for private profit, whether incorporated
as a religious or public benefit corporation, unless the owner of
the property does not object to its application. This subdivision
does apply to a charter city. Nothing in this subdivision shall be
construed to infringe on the authority of the legislative body to
enforce special conditions and regulations on any property designated
prior to January 1, 1994. Subdivision (b) shall not apply to
noncommercial property owned by any association or corporation that
is religiously affiliated and not organized for private profit,
whether the corporation is organized as a religious corporation, or
as a public benefit corporation, provided that both of the following
occur:
(1) The association or corporation objects to the application of
the subdivision to its property.
(2) The association or corporation determines in a public forum
that it will suffer substantial hardship, which is likely to deprive
the association or corporation of economic return on its property,
the reasonable use of its property, or the appropriate use of its
property in the furtherance of its religious mission, if the
application is approved.
(d) Nothing in this subdivision shall be construed to infringe on
the authority of any legislative body to enforce special conditions
and regulations on any property designated prior to January 1, 1994,
or to authorize any legislative body to override the determination
made pursuant to paragraph (2) of subdivision (c). This subdivision
shall apply to a charter city.
37361.1. Notwithstanding anything in this chapter to the contrary,
the legislative body may convey, upon such terms and conditions as it
determines to be in the public interest, any surplus real property,
together with any building thereon, owned by the city which has been
determined by the legislative body to be of general historical
interest, to an association or society the purpose of which is to
research and promote the city's historical heritage or to preserve
property of historical interest in the city and which is a nonprofit
corporation formed under the laws of this state. Any such conveyance
shall contain a condition to the effect that the historical nature of
the property be restored, preserved, or both, for the benefit of the
citizens of the city, and that title will revert to the city in the
event that the association or society conveys the property in
question to any person or entity which is not a nonprofit corporation
involved with preserving and researching the history of the city.
37362. The Legislature hereby finds that many persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code, cannot afford to purchase housing in the
conventional housing market. The Legislature also recognizes that
cities occasionally acquire residential property requiring
substantial rehabilitation prior to being deemed habitable. Since
maintenance of existing housing stock and the extension of
opportunities for homeownership are desirable objectives, the
Legislature declares that the public interest would be well served if
cities were empowered to sell such residential property at less than
market value to such persons and families of low or moderate income,
on condition that the purchaser rehabilitate the home and reside
therein for a specified length of time. The provisions of this
section shall apply to a chartered city.
37363. When the legislative body of a city finds the public
interest and convenience require the sale for less than the market
price of residential property acquired by the city, it may pass an
ordinance providing for such sale. The ordinance shall set forth the
procedure to be followed in completing such sales, including the
qualifications required of a purchaser of such property, and shall
contain provisions requiring that the purchaser of the property live
in the property for a specified length of time and must rehabilitate
such property to the extent specified in the ordinance; provided,
however, that title to the property shall not be transferred until
all the requirements set forth in the ordinance have been satisfied.
Upon transfer of title by the city pursuant to any ordinance adopted
under the provisions of this section, compliance with the
requirements of the ordinance shall be conclusively presumed in favor
of a bona fide purchaser or encumbrancer for value. Persons eligible
to purchase such residential property shall be persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code. To the greatest extent possible, cities shall
utilize such ordinances to assist very low income households, as
defined by Section 50105 of the Health and Safety Code, and lower
income households, as defined by Section 50079.5 of the Health and
Safety Code. The provisions of this section shall apply to a
chartered city.
37364. (a) The Legislature reaffirms its finding that the provision
of housing for all Californians is a concern of vital statewide
importance. The Legislature recognizes that real property of cities
can be utilized, in accordance with a city's best interests, to
provide housing affordable to persons and families of low or moderate
income. Therefore, notwithstanding any provision of a city's
charter, or any other provision of law, whenever the legislative body
of a city determines that any real property or interest therein
owned or to be purchased by the city can be used to provide housing
affordable to persons and families of low or moderate income, as
defined by Section 50093 of the Health and Safety Code or as defined
by the United States Department of Housing and Urban Development or
its successors, and that this use is in the city's best interests,
the city may sell, lease, exchange, quitclaim, convey, or otherwise
dispose of the real property or interest therein at less than fair
market value, or purchase an interest in the real property, to
provide that affordable housing under whatever terms and conditions
the city deems best suited to the provision of such housing.
(b) Not less than 80 percent of the area of any parcel of property
disposed of pursuant to this section shall be used for development
of housing.
(c) Not less than 40 percent of the total number of those housing
units developed on any parcel pursuant to this section shall be
affordable to households whose incomes are equal to, or less than, 75
percent of the maximum income of lower income households, and at
least half of which shall be affordable to very low income
households.
(d) Dwelling units produced for persons and families of low or
moderate income under this section shall be restricted by regulatory
agreement to remain continually affordable to those persons and
families for the longest feasible time, but not less than 30 years,
pursuant to a method prescribed by the city. The regulatory agreement
shall contain a provision making the covenants and conditions of the
agreement binding upon successors in interest of the housing
sponsor. The regulatory agreement shall be recorded in the office of
the county recorder of the county in which the housing development is
located. The regulatory agreement shall be recorded in the
grantor-grantee index to the name of the property owner as grantor
and to the name of the city as grantee.
(e) The provisions of this section shall apply to all cities,
including charter cities.
(f) The definitions of "persons and families of low and moderate
income," "lower income households," and "very low income households"
set forth in Sections 50079, 50093, and 50105 of the Health and
Safety Code shall apply to this section.
37350. A city may purchase, lease, receive, hold, and enjoy real
and personal property, and control and dispose of it for the common
benefit.
37350.5. A city may acquire by eminent domain any property
necessary to carry out any of its powers or functions.
37351. The legislative body may purchase, lease, exchange, or
receive such personal property and real estate situated inside or
outside the city limits as is necessary or proper for municipal
purposes. It may control, dispose of, and convey such property for
the benefit of the city. The legislative body shall not sell or
convey any portion of a water front, except to the State for use as a
public beach or park, unless by a four-fifths vote of its members
the legislative body finds and determines that the water front to be
sold or conveyed is not suitable for use as a public beach or park.
37351.5. (a) Prior to the entering into agreement to finance the
lease or lease-purchase of property through the issuance of
certificates of participation of lease revenue bonds, the legislative
body of a city may elect, by resolution, to guarantee payment under
that financing agreement in accordance with the following:
(1) A city that elects to participate under this section shall
provide notice to the Controller of that election, which notice shall
include a schedule for the payments to be made by the city under
that financing agreement, and identify a trustee appointed by the
city for the purposes of this section.
(2) In the event that, for any reason, the funds otherwise
available to the city will not be sufficient to make any payment
under the financing agreement at the time that payment is required,
the city shall so notify the bond trustee. The trustee shall
immediately communicate that information to the affected holders of
certificates of participation or bondholders, and to the Controller.
(3) When the Controller receives notice from the trustee as
described in paragraph (2), or the city fails to make any payment
under the financing agreement at the time that payment is required,
the Controller shall make an apportionment to the trustee in the
amount of that required payment for the purpose of making that
payment. The Controller shall make that payment only from moneys
credited to the Motor Vehicle License Fee Account in the
Transportation Tax Fund to which that city is entitled at that time
under Chapter 5 (commencing with Section 11001) of Part 5 of Division
2 of the Revenue and Taxation Code, and shall thereupon reduce, by
the amount of the payment, the subsequent allocation or allocations
to which the city would otherwise be entitled under that chapter.
(b) This section shall not be construed to obligate the State of
California to make any payment to a city from the Motor Vehicle
License Fee Account in the Transportation Tax Fund in any amount or
pursuant to any particular allocation formula, or to make any other
payment to a city, including, but not limited to, any payment in
satisfaction of any debt or liability incurred or guaranteed by a
city in accordance with this section.
37352. The legislative body may erect and maintain buildings for
municipal purposes.
37352.1. After January 1, 1980, with respect to the construction,
purchase, or lease of buildings which are located or will be located
in a standard metropolitan statistical area (SMSA) with a population
of 250,000 or more according to the most recent decennial census,
which is served by a public transit operator, as defined in Section
99210 of the Health and Safety Code, the legislative body shall give
consideration to the location in existing public transit corridors,
as defined in Section 50093.5 of the Health and Safety Code, for the
area. Construction, purchase, or lease of buildings at locations
outside of existing public transit corridors may be approved after
the legislative body has determined: (1) the purpose of the facility
does not require transit access; or (2) it is not feasible to locate
the facility in an existing transit corridor; or (3) the transit
operator will provide service as needed to effectively serve the
facility. The board may request the assistance of the transit
operator in making its determination and shall notify the operator of
its decision.
37352.2. The requirements of Section 37352.1 shall be met if the
legislative body has obtained from the transportation planning agency
approval of its procedures and criteria for giving adequate
consideration to the location of existing public transit corridors
when acquiring public buildings or if the legislative body is the
governing body of the transit operator. Before the transportation
planning agency approves such procedures and criteria, any transit
operator in the county shall have 45 days to review and comment.
37353. The legislative body may acquire property needed for:
(a) Parking motor vehicles.
(b) Opening and laying out any street, alley, lane, or tunnel from
the point where it ceases to the point where it again commences. It
may lay out and improve such a street, alley, lane, or tunnel and pay
the expense incurred out of the general fund.
(c) Golf courses; provided, however, that no existing golf course
may be acquired by means of proceedings pursuant to eminent domain.
37354. The legislative body may accept or reject any gift, bequest,
or devise made to or for the city, or to or for any of its officers
in their official capacity or in trust for any public purpose.
It may hold and dispose of the property and the income and
increase from the property for such uses as are prescribed in the
terms of the gift, bequest, or devise.
37355. If the terms of a gift, bequest, or devise do not prescribe
or limit the uses to which the property received or the income or
increase from it may be put, it may be put to such uses as the
legislative body prescribes.
37356. When the legislative body determines that the public
interest or convenience requires the construction and maintenance of
passageways or other structures under or over any public alley in the
city, to connect buildings located on abutting property and
facilitate the public use of the streets, it may grant revocable
permits for their construction and maintenance. They shall be
constructed and maintained so as not to interfere with public traffic
on the alley. The city may regulate the use of such passageways or
structures.
37357. By majority vote the legislative body may grant property
owners or proprietors of manufacturing or industrial enterprises the
right to construct, maintain, and operate spur tracks from their
premises to a connection with any railroad. The legislative body may
revoke the grant.
37358. When the State has granted a city tide and submerged lands
within its boundaries, it may grant any portion of such lands to the
United States for public or governmental uses, including military or
naval purposes. Such a grant may be made only if it has been approved
by a vote of a majority of the city electors voting upon the
proposition.
37359. Unless otherwise provided by law, the legislative body
having control of any property owned or controlled by the city may at
any time withdraw the property from the personal access and use of
members of the public, or limit the access or use in area or time or
in any other reasonable manner deemed necessary. Any person
thereafter using the property without permission or in a manner other
than that prescribed is a trespasser. This section does not limit or
restrict any person from access or use who has a private right in
the property.
37360. The legislative body of any city having jurisdiction over
any tide, submerged, or reclaimed lands of the city, which lands or
any interest therein are sought by the United States in eminent
domain proceedings, is authorized to enter into any compromise with
respect to such lands which seems just and expedient to it. Nothing
in this section shall be construed to relinquish any reservation to
deposits of oil and gas and other hydrocarbon and mineral deposits
and rights of way giving access to such deposits as prescribed in
Section 6402 of the Public Resources Code that has been made by the
State in granting such lands to the city.
37361. (a) The legislative body may acquire property for the
preservation or development of a historical landmark. The legislative
body may also acquire property for development for recreational
purposes and for development of facilities in connection therewith.
(b) The legislative body may provide for places, buildings,
structures, works of art, and other objects, having a special
character or special historical or aesthetic interest or value,
special conditions or regulations for their protection, enhancement,
perpetuation or use, which may include appropriate and reasonable
control of the use or appearance of neighboring private property
within public view, or both.
(c) Until January 1, 1995, subdivision (b) shall not apply to
noncommercial property owned by a religiously affiliated association
or corporation not organized for private profit, whether incorporated
as a religious or public benefit corporation, unless the owner of
the property does not object to its application. This subdivision
does apply to a charter city. Nothing in this subdivision shall be
construed to infringe on the authority of the legislative body to
enforce special conditions and regulations on any property designated
prior to January 1, 1994. Subdivision (b) shall not apply to
noncommercial property owned by any association or corporation that
is religiously affiliated and not organized for private profit,
whether the corporation is organized as a religious corporation, or
as a public benefit corporation, provided that both of the following
occur:
(1) The association or corporation objects to the application of
the subdivision to its property.
(2) The association or corporation determines in a public forum
that it will suffer substantial hardship, which is likely to deprive
the association or corporation of economic return on its property,
the reasonable use of its property, or the appropriate use of its
property in the furtherance of its religious mission, if the
application is approved.
(d) Nothing in this subdivision shall be construed to infringe on
the authority of any legislative body to enforce special conditions
and regulations on any property designated prior to January 1, 1994,
or to authorize any legislative body to override the determination
made pursuant to paragraph (2) of subdivision (c). This subdivision
shall apply to a charter city.
37361.1. Notwithstanding anything in this chapter to the contrary,
the legislative body may convey, upon such terms and conditions as it
determines to be in the public interest, any surplus real property,
together with any building thereon, owned by the city which has been
determined by the legislative body to be of general historical
interest, to an association or society the purpose of which is to
research and promote the city's historical heritage or to preserve
property of historical interest in the city and which is a nonprofit
corporation formed under the laws of this state. Any such conveyance
shall contain a condition to the effect that the historical nature of
the property be restored, preserved, or both, for the benefit of the
citizens of the city, and that title will revert to the city in the
event that the association or society conveys the property in
question to any person or entity which is not a nonprofit corporation
involved with preserving and researching the history of the city.
37362. The Legislature hereby finds that many persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code, cannot afford to purchase housing in the
conventional housing market. The Legislature also recognizes that
cities occasionally acquire residential property requiring
substantial rehabilitation prior to being deemed habitable. Since
maintenance of existing housing stock and the extension of
opportunities for homeownership are desirable objectives, the
Legislature declares that the public interest would be well served if
cities were empowered to sell such residential property at less than
market value to such persons and families of low or moderate income,
on condition that the purchaser rehabilitate the home and reside
therein for a specified length of time. The provisions of this
section shall apply to a chartered city.
37363. When the legislative body of a city finds the public
interest and convenience require the sale for less than the market
price of residential property acquired by the city, it may pass an
ordinance providing for such sale. The ordinance shall set forth the
procedure to be followed in completing such sales, including the
qualifications required of a purchaser of such property, and shall
contain provisions requiring that the purchaser of the property live
in the property for a specified length of time and must rehabilitate
such property to the extent specified in the ordinance; provided,
however, that title to the property shall not be transferred until
all the requirements set forth in the ordinance have been satisfied.
Upon transfer of title by the city pursuant to any ordinance adopted
under the provisions of this section, compliance with the
requirements of the ordinance shall be conclusively presumed in favor
of a bona fide purchaser or encumbrancer for value. Persons eligible
to purchase such residential property shall be persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code. To the greatest extent possible, cities shall
utilize such ordinances to assist very low income households, as
defined by Section 50105 of the Health and Safety Code, and lower
income households, as defined by Section 50079.5 of the Health and
Safety Code. The provisions of this section shall apply to a
chartered city.
37364. (a) The Legislature reaffirms its finding that the provision
of housing for all Californians is a concern of vital statewide
importance. The Legislature recognizes that real property of cities
can be utilized, in accordance with a city's best interests, to
provide housing affordable to persons and families of low or moderate
income. Therefore, notwithstanding any provision of a city's
charter, or any other provision of law, whenever the legislative body
of a city determines that any real property or interest therein
owned or to be purchased by the city can be used to provide housing
affordable to persons and families of low or moderate income, as
defined by Section 50093 of the Health and Safety Code or as defined
by the United States Department of Housing and Urban Development or
its successors, and that this use is in the city's best interests,
the city may sell, lease, exchange, quitclaim, convey, or otherwise
dispose of the real property or interest therein at less than fair
market value, or purchase an interest in the real property, to
provide that affordable housing under whatever terms and conditions
the city deems best suited to the provision of such housing.
(b) Not less than 80 percent of the area of any parcel of property
disposed of pursuant to this section shall be used for development
of housing.
(c) Not less than 40 percent of the total number of those housing
units developed on any parcel pursuant to this section shall be
affordable to households whose incomes are equal to, or less than, 75
percent of the maximum income of lower income households, and at
least half of which shall be affordable to very low income
households.
(d) Dwelling units produced for persons and families of low or
moderate income under this section shall be restricted by regulatory
agreement to remain continually affordable to those persons and
families for the longest feasible time, but not less than 30 years,
pursuant to a method prescribed by the city. The regulatory agreement
shall contain a provision making the covenants and conditions of the
agreement binding upon successors in interest of the housing
sponsor. The regulatory agreement shall be recorded in the office of
the county recorder of the county in which the housing development is
located. The regulatory agreement shall be recorded in the
grantor-grantee index to the name of the property owner as grantor
and to the name of the city as grantee.
(e) The provisions of this section shall apply to all cities,
including charter cities.
(f) The definitions of "persons and families of low and moderate
income," "lower income households," and "very low income households"
set forth in Sections 50079, 50093, and 50105 of the Health and
Safety Code shall apply to this section.
