(a) Subject to (1) the terms and conditions of any gift, trust, deed restriction, bond covenant or other covenants or restrictions, mortgage, deed of trust, lease, license, use agreement or other agreement applicable to such Property, (2) state or federal laws related to the disposition of surplus property, including, without limitation, the State Surplus Property Statute, and (3) the jurisdictional authority over Property granted to certain commissions under the City's Charter, including, without limitation, as set forth in Charter Sections 4.112, 4.113, 4.114, 4.115, 5.101, 8A.102, 8B.121 and Appendix B3.581, the Board of Supervisors may by resolution approve the dispositions recommended by the Executive Director in accordance with this Chapter 23A or approve dispositions different from those recommended by the Executive Director. Upon approval of such a resolution, it shall be the duty of the Executive Director to take all steps necessary to implement the resolution. For the avoidance of doubt, property acquired by the City in the future for the specific purpose of developing housing shall not be deemed Surplus or Underutilized for purposes of this Chapter 23A, and the terms of Board of Supervisors approval of any purchase, sale or transfer agreement relative to such Property shall govern the subsequent development arrangements.
(b) Any final declaration that Property is Surplus or Underutilized and any final conveyance of Property under this Chapter 23A shall be in accordance with and subject to all applicable laws, including (1) the terms and conditions of any gift, trust, deed restriction, bond covenant or other covenants or restrictions, mortgage, deed of trust, lease, license, use agreement or other agreement applicable to such Property, (2) state or federal laws related to the disposition of surplus property, including, without limitation, the State Surplus Property Statute, (3) the jurisdictional authority over Property granted to certain commissions under the City's Charter, including, without limitation, as set forth in Charter Sections 4.112, 4.113, 4.114, 4.115, 5.101, 8A.102, 8B.121 and Appendix B3.581, and (4) the requirements set forth in Administrative Code Section 23.3 of further Board of Supervisors approval by resolution or ordinance of final transaction documents after the completion of all required environmental review under the California Environmental Quality Act (Cal. Pub. Res. Code Secs. 21000 et seq.), provided, however, that the requirements set forth in Section 23.3 of sale by public auction or competitive bidding and a sales price of at least 100% of appraised fair market value shall not apply to dispositions pursuant to this Chapter. Any such duly approved conveyance may be at no cost or less than fair market value as a conveyance that furthers a proper public purpose.
(c) Any conveyance of Property at less than fair market value for Affordable Housing under this Section 23A.11 shall include covenants that require that the Property be used for Affordable Housing in conformance with this Chapter 23A and prohibits any developer of Property from reselling, transferring or subleasing Property at a profit, or such other "anti-speculation" requirements as the Executive Director may approve.
(d) Any City department other than an Enterprise Department wishing to dispose of Surplus or Underutilized Property under such department’s jurisdiction in a manner other than pursuant to this Chapter 23A, regardless of whether such Surplus or Underutilized Property is listed on the then current Surplus Property Report, shall notify the Administrator, the Executive Director, the Board of Supervisors, and interested parties that have notified the Administrator to be placed on a notification list for this purpose, prior to seeking any approvals of any proposed disposition. The notice shall include the same information about the Surplus or Underutilized Property required under Section 23A.5. The Administrator and the Executive Director shall review such information and, within 45 days after submission, make recommendations to the Board of Supervisors regarding the disposition of the Surplus or Underutilized Property consistent with the policy set forth in Section 23A.10. The Board of Supervisors may by resolution approve a disposition consistent with such recommendations and this Chapter or approve a different disposition. Upon approval of such a resolution, it shall be the duty of the Administrator, the Executive Director, and other City officials, as appropriate, to take all steps necessary to implement the resolution.
(e) The failure by any City department to comply with this Chapter 23A shall not invalidate the transfer or conveyance of any real property to a purchaser or encumbrancer for value.