AB 2139: Surplus lands: exempt surplus land: City of Ontario.

Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines surplus land for these purposes to mean land owned in fee simple by any local agency for which the local agencys governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agencys use. Existing law requires that land be declared either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it consistent with an agencys policies or procedures. Existing law provides that an agency is not required to follow the requirements for the disposal of surplus land for exempt surplus land. Existing law defines exempt surplus land to include certain types of land, including land that is to be conveyed for specified purposes. land. Existing law makes a local agency that disposes of surplus land, in violation of the requirements for the disposal of surplus land after receiving specified notification from the department that the local agency is in violation, liable for a penalty of 30% of the applicable disposition value for a first violation and 50% for any subsequent violation, as provided.

This bill would expand the definition of exempt surplus land to include certain land owned by the City of Ontario that is located within the sports and entertainment district commonly known as Ontario Sports Empire, subject to a land use plan formally adopted by the City of Ontario for the coordinated development of the district, being conveyed for specified purposes, and found by a specified resolution of the Ontario City Council to meet specified criteria. The bill would not include a residential development in the expansion of the definition. satisfies specified requirements. The bill would require that these requirements be contained in a covenant or restriction recorded against the surplus land at the time of disposition, as provided. The bill would require that the city meet specified requirements to declare exempt surplus land pursuant to these provisions, including depositing funds from the deposition into a local housing-specific set-aside account, as provided. The bill would require the city to provide the Department of Housing and Community Development a written notification of its declaration and findings at least 30 days prior to disposing of land declared exempt surplus land pursuant to these provisions, and would require the department to notify the city if the department has determined the city is in violation of these provisions, as provided. The bill would provide that a violation these provisions would be considered a 2nd or subsequent violation of the requirements for the disposal of surplus land, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Ontario.