I suggest that city officials sell surplus land to developers in spite of the clear policy prescription contained within CA Government Code 54220-54233.

SURPLUS LAND

In spite of the clear policy prescription contained within CA Government Code 54220-54233, surplus land is sold to developers.

California Government Code 54220-54233

I am afraid that it is a process to render completely obscure the most important public notices.

I refer to “housing” and “open space.”

In CA Government Code 54220-54233, a written offer to sell or lease for the purpose of "developing low- and moderate-income housing (or open space)" shall be sent to all agencies. According to Director Cybele THOMPSON, “READ (contacts) all agencies as required in Government Code 54220-54233,” and the method of notice is electronic and non-electronic correspondence.

I can confirm that electronic and non-electronic correspondence are occasionally returned, giving even less public notice.

Brown Act

I concede that they may follow the Government Code 54220-54233, but certainly not the Brown Act.

In regard to the Brown Act, it aims to strike a balance between “public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.”

I am afraid that it is not enough to follow CA Government Code 54220-54233. According to the Office of the Independent Budget Analyst, READ is required to do more.

In the words of Charles MODICA, JR., “property sales are…subject to review and approval by the City Council, which follows the additional notice requirements associated with the Brown Act.”

In addition to electronic and non-electronic correspondence, READ is required to publish notices in “Public Notices,” as well as in the San Diego Daily Transcript.

I can confirm that it does not do so, and therefore violates the law because the law “prohibits serial meetings that are conducted through direct communications, personal intermediaries or technological devices for the purpose of developing a concurrence as to action to be taken.” Furthermore, the Brown Act “supersedes” all other laws, including CA Government Code 54220-54233, not to mention San Diego City Council Policy 700-10.

Case in Point: TRUAX HOUSE

I am afraid that it seems the result of not following this law is that some public agencies do not even conduct internal discussions, as was the case with the Truax House.

“San Diego Housing Commission”

I have a difficult time understanding that they would not have interest in the property, given all of the many, many possibilities, 

including as the

TRUAX HOUSE FOR LGBTQ AT RISK STUDENTS.

I know everyone is aware of the San Diego Housing Commission’s Homeless Outreach Program. If the public been made aware of the public disposition, pressure could have been brought on agencies like SDHC.

I would certainly have done so.