(1) Unless otherwise provided for in the City Charter, and subject to provisions of Section 22.546(a)(5), whenever any parcel of City-owned property which is controlled by a department, bureau or office under the General Budget is not for the time being needed for a public use and is not contemplated to be needed for a public use within one year, such real property may be leased, or permission to use granted on a month to month basis only by the following procedure:
(a) The department, bureau or office having control of such property shall file a statement in writing with the Council and with the General Manager of the Department of General Services setting forth its determination that such property is not for the time being needed for a public use and is not contemplated to be needed for a public use within one year, that it is not practicable to offer to lease or grant permission to use such property for a fixed term of more than one year, that it is probable or fairly possible that such property will be needed for public use within a period of one year, or that some other reason exists which renders impracticable the leasing or granting of permission to use such property in any other manner. A brief statement of facts supporting the foregoing determinations shall be included in such statement.
(b) The General Manager of the Department of General Services shall determine, in accordance with good business practices and under the conditions existing in each individual case, the fair rental value of such real property, and such other terms and conditions upon which such property is to be leased or permission to use granted, and shall prepare a report setting forth the particulars thereof.
(c) Thereafter the General Manager of the Department of General Services shall give notice to the public that such real property will be available for use. Said notice shall be given at least once in a daily newspaper published in the City. Said notice shall be captioned “Notice Inviting Proposals” and shall contain the following: A description of the property containing the address, the width and length of the property or the area in square feet if it is impracticable to give such width and length, whether the property is improved or unimproved, and if improved, how it is improved, the fact that such lease or permission to use shall be on a month to month basis, the date upon which such lease or permission to use will commence, the closing date for such proposals, and the time, date and place that such proposals shall be publicly opened and declared.
Said notice shall also contain a statement that no proposal shall be considered unless accompanied by a certified or cashier’s check payable to the City of Los Angeles in the amount of the proposed monthly consideration for said lease or permission to use.
The right to reject any and all proposals shall be reserved to the General Manager of the General Services Department. After receipt of said proposals they shall be opened publicly and declared at the date, time and place as set forth in said notice and shall then be analyzed.
(d) Upon completion of said analysis of said proposals, the General Manager of the Department of General Services shall proceed to negotiate a lease or permission to use said real property to the party whose proposal is, in the sole judgment of the General Manager, in the best interests of the City. Nothing herein contained shall require said General Manager to proceed with the leasing or granting of permission to use such property if, in the General Manager’s sole judgment, it is not in the best interests of the City to proceed with said lease or permission to use.
(e) Notwithstanding Paragraphs (c) and (d), the General Manager of the Department of General Services may lease or grant permission to use such real property without said public notice in accordance with the terms, conditions and rental value of said property as determined and reported under Paragraph (b), if said General Manager of the Department of General Services determines either that said property will be available for rental for a period of four months or less, or that said property is of such limited size as to not warrant calling for proposals, or that there will be a limited demand for said property.
(f) In the event a month to month lease or a permission to use on a month to month basis is operative for a period aggregating more than a year, a statement of such fact shall immediately be filed with the Council by the General Manager of the Department of General Services concerning the circumstances thereof together with an estimate of when the City is likely to need such property for public use and why it is not feasible to negotiate a longer term lease.
(2) The Council, in its sole discretion, may order that any lease, license or permit to use be terminated promptly and that the General Manager of the Department of General Services forthwith give notice of termination to the lessee, licensee or permittee. The Council may also order that such other action be taken as the Council may deem advisable in the best interests of the City in order that a proper return be obtained for the use of the property and that the use of the same for public purposes, when needed, be not interfered with.
(3) This section shall not apply to property under the control of any department of this City which, by the Charter, has been given control of its own funds, nor to permission to use small pieces of property for signboards, nor for the use of City-owned property as otherwise provided for by the City Charter or by ordinance.
(4) This section shall not apply to leases in connection with the exploration for or production of oil and other hydrocarbons.
(5) Except as otherwise provided in the City Charter and in this section, the leasing or granting of permission to use City-owned real property under the control of any department, bureau or office under the General Budget shall be approved by the Council by ordinance, order or resolution.
SECTION HISTORY
Based on Ord. No. 68,643.
Amended by: Ord. No. 116,307; Ord. No. 145,943, Eff. 6-20-74; Subsecs. (1), (1)(a), (1)(b), 1st Para. (1)(c), 3rd Para. (1)(c), (1)(d), (1)(e), (f), Subsec. (2), Ord. No. 152,427, Eff. 6-29-79.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.