Chapter 2.72


2.72.010    Conformity with general plan.

2.72.020    Maximum lease term.

2.72.030    Surplus land.

2.72.040    Environmental considerations.

2.72.050    Recording.

2.72.060    Right of entry agreements.

2.72.070    Leasing of city property at the airport.

2.72.010 Conformity with general plan.

The City may not acquire or dispose of real property until the location, purpose and extent of the acquisition or disposition have been reported upon by the Planning Commission as to conformity with the general plan. (Reference: Government Code Section 65402.) (Ord. 2065 § 1(A), 2018; Ord. 1556 § 4, 1999)

2.72.020 Maximum lease term.

The City may not lease its property for a term exceeding 55 years, unless the lease conforms to the limited exceptions set forth in Government Code Sections 37380 (general), 37392 (military or armory), 37392.1 (sewage treatment), 37392.2 (reservoirs), or 37393 (recreation). (Reference: Civil Code 718.)

The City may not lease its property for certain purposes for a term longer than that set forth:


Maximum Term

Airport, aircraft-related

50 years

Fairs, expositions

50 years

Agricultural, horticultural

25 years

Mineral, oil or gas production

35 years

(Reference: Government Code Sections 37382, 37383, 37389, 37391.) (Ord. 2065 § 1(A), 2018; Ord. 1556 § 4, 1999)

2.72.030 Surplus land.

A. Before disposing of surplus real property, the City shall send written offers to sell or lease the property, in conformance with Government Code Section 54220 et seq., as follows:

1. For developing low- and moderate-income housing, to any local agencies, including housing authorities and any public agency authorized to engage in or assist in the development or operation of housing, within whose jurisdiction the land is located;

2. For park and recreational purposes or open-space purposes, to the Livermore area recreation and park district, the East Bay regional park district and to the State Resources Agency;

3. For enterprise zone purposes (under Government Code Section 7073), to the nonprofit neighborhood enterprise association corporation in that zone; and

4. In a designated program in the State Employment and Economic Incentive Program under Government Code Section 7082(I), to the program area agent.

B. Such offers to sell or lease whether or not accepted shall not affect the permitted land use.

C. The requirements of this section do not apply to Livermore successor agency property. (Reference: Health and Safety Code Section 33430.) (Ord. 2065 § 1(A), 2018; Ord. 1971 § 1(E), 2012; Ord. 1556 § 4, 1999)

2.72.040 Environmental considerations.

A. California Environmental Quality Act (CEQA). The City’s decision to purchase or sell real property may be subject to CEQA. The City staff shall evaluate each proposed such action and conduct any necessary environmental review.

B. Contamination. Before the City acquires any real property through dedication, purchase or lease, the public works or planning department shall conduct or have prepared an environmental assessment to determine the possible existence of soil and groundwater contamination. (Ord. 2065 § 1(A), 2018; Ord. 1556 § 4, 1999)

2.72.050 Recording.

Deeds or grants conveying any interest in or easement upon real property to the City requires evidence of the City’s acceptance, either by certificate or resolution of acceptance, before it is recorded. (Reference: Government Code Section 27281.)

Each lease of city property for a term of one year or more shall be recorded in the office of the county recorder. (Reference: Government Code Section 37393.) (Ord. 2065 § 1(A), 2018; Ord. 1556 § 4, 1999)

2.72.060 Right of entry agreements.

The City Manager is authorized to enter into and sign right of entry agreements for and on behalf of the City, without prior approval of the City Council. (Ord. 2065 § 1(A), 2018; Ord. 1556 § 4, 1999)

2.72.070 Leasing of city property at the airport.

The Public Works Director is authorized to enter into and sign month-to-month aircraft tie-down and hangar lease agreements and five-year medium-term lease agreements with one five-year option for large hangars for and on behalf of the City, without prior approval of the City Council. The authority contained in this section may be delegated by the Public Works Director to the airport manager. (Ord. 2065 § 1(A), 2018; Ord. 1917 § 1, 2010; Ord. 1780 § 1, 2005; Ord. 1556 § 4, 1999)