A board, commission, department, or administrative head of the office may direct, in writing, a request for the purchase or acceptance of a gift of real property to the Director of General Services, or designee ("Director").
(a) Acquisitions With a Valuation of $500,000 or Less by Purchase or Gift.
1) Pursuant to the provisions of Government Code section 25350.60, the Director may perform any and all acts necessary to approve and accept for the County the acquisition of real property interests that do not exceed $500,000 in value, if:
a. The acquisition of the real property interest is for a public structure, building, road or other public project, program or improvement (collectively "project") previously approved by the Board of Supervisors.
b. Funding for the project is budgeted and available.
c. The current market value of the real property interest to be purchased has been determined.
d. The acquisition of the real property interest will be in accordance with the County's Hazardous Materials Investigations Site Assessment and Mitigation Procedures.
e. Where required, the appropriate planning agency makes a finding of General Plan conformance prior to acquisition of the real property interest.
f. The acquisition complies with the California Environmental Quality Act (CEQA).
2) The Director may obtain options to acquire property providing that the option term does not exceed two years and the total option payments do not exceed $250,000. An option to purchase pursuant to this subsection may only be obtained if:
a. A project requiring the acquisition of real property has been previously approved by the Board of Supervisors.
b. Funds have been budgeted and are available for the option.
3) If the Director accepts an offer of a gift of real property as the designee of the Board of Supervisors, the Director shall immediately notify the Auditor & Controller and add the real property in the County's capital assets inventory.
4) If requested by the Chief Administrative Officer or the Board of Supervisors, the Director shall provide a list of the real property interests acquired under the delegated authority of Section 73(a)(1).
5) Pursuant to Government Code section 25350.60(c), the authorization granted to the Director by this subsection shall be effective for five years from the effective date of this ordinance.
(b) Acquisition of Interests in Real Property With a Valuation of More Than $500,000 by Purchase or Gift.
1) The Director shall attempt to locate property that most adequately meets the requirements of the County and may negotiate preliminarily for the acquisition of real property. The Director shall forward a recommendation on the acquisition of the real property to the Chief Administrative Officer.
2) The Chief Administrative Officer may prepare a summary of the proposed acquisition of real property and forward the summary along with a recommendation to the Board of Supervisors.
3) If Government Code section 25350 or other applicable statute requires giving notice of intent to consummate the proposed acquisition of real property, the Chief Administrative Officer shall provide the Board of Supervisors with the information required to be included in any such notice, including the date and time the Board of Supervisors will meet to consider, and, if approved, authorize the purchase.
(c) Executory Contracts of Purchase.
If any contract of purchase of real property entered into by the Board of Supervisors requires additional performance by the seller, or is executory in any respect by the seller, after payment by the County, the contract shall require that the executory performance by the seller be secured by a corporate surety bond, a deposit of sufficient money or retention by the County of an adequate amount of the purchase price.
(d) Acceptance of Interests in Real Property by Dedication.
The Director, Department of General Services may consent to irrevocable offers of dedication of real property pursuant to California Government Code section 7050 and may accept the dedication of real property interests that are conditions of a Board-approved Tentative Map or other similar action.
(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 8307 (N.S.), effective 10-28-93; amended by Ord. No. 9641 (N.S.), effective 6-3-04; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15; new Section 73 added by Ord. No. 10365 (N.S.), effective 2-5-15; amended by Ord. No. 10636 (N.S.), effective 12-19-19
; amended by Ord. No. 10711 (N.S.), effective 2-11-21)