Before the Council, or the Municipal Facilities Committee for the direct sale of “remnant” properties, determines that real property proposed for sale is no longer required for the use of the City and that the public interest or necessity require its sale, the proposed sale shall be considered as follows:
(a) The Department of General Services shall determine whether the City owns a salable interest in the real property, shall appraise said real property at its fair market value; and shall recommend a minimum sale price to the Council or the Municipal Facilities Committee, as applicable.
(b) The Bureau of Engineering shall approve the legal description of the real property and shall recommend the reservation or exception of such portions of the real property or such easements or rights as should be retained by the City.
(c) The City Planning Department shall consider the proposed sale in relation to, and its effects upon, plans prepared by the Department and shall verify, in writing, from the appropriate City departments that the property proposed for sale is not required for City use. All City departments that the City Planning Department deems to have an interest in the property proposed to be disposed of shall be contacted in writing by said Department. Such written contacts shall request that a reply be transmitted to the Department of City Planning advising whether the real property proposed to be disposed of is or is not required for City use in the foreseeable future. If it is judged that the property will, at some future date, be required for City use the responding Department shall give reason for such judgment. If no reply is received within fifteen (15) days the City Planning Department may then assume that the respective departments have no comments to make on the matter.
(d) In cases involving the direct sale of surplus City-owned property, except “remnants” as defined in Section 7.27.1(a), the City Administrative Officer shall review the proposed direct sale and recommend to the Council upon its propriety.
(e) In cases involving direct sales of City- owned “remnants” as defined in Section 7.27.1(a), the Department of General Services shall review the proposed sale, and shall recommend to the Municipal Facilities Committee upon its propriety. Thereafter, the Municipal Facilities Committee may determine that the public interest or necessity require completion of the sale and authorize it, including the immediate opening of escrow. In the event of such a determination by the Municipal Facilities Committee with respect to the sale of a “remnant” as defined in Section 7.27.1(a), the Municipal Facilities Committee may authorize the execution of a deed or other instrument necessary to effectuate the sale at and for the fair market value of the property as appraised by the Department of General Services, and upon the terms and conditions contained in the document entitled Title Transfer Instructions (Escrow) approved by the City Council and made a part of Council File No. 07-1894. Any substantive deviations from those terms and conditions, as determined by the City Attorney, shall require approval by the City Council by ordinance.
SECTION HISTORY
Based on Ord. No. 56,887.
Amended by: Ord. No. 150,946, Eff. 7-17-78; Ord. No. 152,427, Eff. 6-29-79; Ord. No. 153,104, Eff. 12-9-79; Subsecs. (a) and (d), Ord. No. 171,496, Eff. 3-7-97.
Readopted by Ord. No. 173,281, Eff. 6-26-00, Oper-7-1-00.
Amended by: First Para. and Subsecs. (a) and (d) amended, Subsec. (e) added, Ord. No. 180,834, Eff. 9-20-09.