2004 AGN MAR 16 I14 - Laserfiche WebLink

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CITY OF COLTON Item #14 AGENDA REPORT FOR COUNCIL MEETING OF MARCH 16, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: AL HOLLIMAN, ASSISTANT CITY MANAGER SUBJECT: SALE OF TIGER RESCUE PROPERTY DATE: March 9, 2004 BACKGROUND: The Tiger Rescue property (Assessor Parcel Nos. 0260-072-15 & 16) consists of 6.0± acres of agricultural zoned land in the City of Colton. In December of 2003, the City Council authorized staff to negotiate a purchase and sale agreement with Avista Development LLC contingent upon agreement on terms, conditions and direction provided by the City Council. The City Attorney's office prepared a draft purchase and sale agreement in January of 2004. The draft purchase and sale agreement was transmitted to Avista for review, concurrence and execution in January of 2004. To date, staff has not received any comments concerning the draft purchase and sale agreement. As a result, staff requests authority from the City Council to terminate negotiations with Avista and re -list the property for sale with Rick John of Collins Commercial, the broker that was previously retained by the City to sell the property. Concurrent with the re -listing of the property, staff recommends the City Council initiate the process for disposal of the property as surplus. DISCUSSION/ANALYSIS: California Government Code, Section 37420 et seq. provides alternative procedures for the disposal of surplus city -owned property. These procedures generally require the following: • Adoption of a resolution finding that public interest and convenience require the sale of the property and announcing the intent to sell the property. (Gov. Code, § 37421.) 1 The resolution must fix a time for hearing protests to the sale, provide for a publication of the notice of hearing, fix the time final action will be taken, and contain an accurate description of the property to be sold. (Gov. Code, § 37422.) In addition, the resolution must be published at least once in a daily newspaper published and circulated in the city or, if there is none, the legislative body must designate a newspaper published in the county. The resolution must be posted for at least ten (10) days in at least three conspicuous places upon each parcel of real property affected. (Gov. Code, § 37423.)