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Whenever a County officer, board, or commission finds that County-owned or leased real property that it is occupying or managing is available, it shall advise the Director of General Services, or designee ("Director"), in writing, describing the property, its condition, reasons for the availability, and the estimated date of vacating or releasing the property.
The Director shall determine whether the property should be held for County use or offered for sale or lease, taking into account probable sale or rental value of the property, and, if applicable, any lease termination costs.
(a) Sale of County-Owned Property.
1) If the Director determines that the real property owned or leased by the County should be sold, it may be sold pursuant to the general procedure specified at Government Code section 25526 and following, pursuant to the minimum mandatory requirements specified in Government Code section 25538 or section 25539, or pursuant to any other applicable statutory authority. The Director is hereby designated as the County officer to conduct sales pursuant to Government Code section 25538 and 25539, and to execute sales and convey real property or interests therein as authorized by sections 25526.5 and 25526.6 or other applicable statute. Sales pursuant to said sections shall comply with all requirements stated therein.
2) As a condition precedent to the adoption or publication of a resolution of intention to sell real property, the Board of Supervisors may require that the requesting department, board or commission deposit with the Director of General Services the estimated costs of publishing said resolution of intention and notice of adoption thereof, plus the estimated Department of General Services staff costs related to the proposed sale. If the property is sold pursuant to said resolution of intention such deposit shall be refunded. If the property is not sold pursuant to such resolution of intention, the cost of publication and related staff costs shall be deducted from the deposit and paid into the County General Fund and the balance, if any, refunded to the depositor.
(3) If the real property is sold, the Director shall notify Auditor & Controller and provide supporting documentation to remove the real property from the County's inventory.
(b) Lease or License of County-Owned Property.
If the Director determines that the real property owned or leased by the County should be made available for lease or license, it may be leased or licensed in accordance with the procedures specified in Section 73.2(b)(1) or 73.2(b)(2) below or pursuant to any other applicable statutory authority or County ordinance. Where any statute authorizes the designation by ordinance of a County officer to lease or license property on behalf of the County, the Director is hereby so authorized and designated to lease or license County property in compliance with all requirements of such statute.
1) Leases and licenses shall be awarded to the person submitting the highest proposal in response to a call for bids, which shall briefly describe or identify the property proposed to be leased or licensed, briefly specify the terms upon which it shall be leased or licensed, and fix a time and place at which the Board of Supervisors shall receive written bids for such lease or license. The call for bids shall be posted in at least three public places in the County of San Diego for not less than 15 days prior to the time fixed for receipt of bids and shall be published once each week for not less than two weeks prior to such time in a newspaper of general circulation published in the County of San Diego. The call for bids may refer to documents on file in the office of the Clerk of the Board for the exact description of the property to be leased or licensed and for the full detail of the terms and conditions of the proposed lease or license. At the discretion of the Board of Supervisors, the call for bids may include a statement of minimum rental, may offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, and may authorize oral bidding at the time and place fixed for the receipt of written bids under the procedure specified in Government Code sections 25531 or 25537. The Board of Supervisors must either accept the highest proposal submitted in accordance with these procedures or reject all bids.
2) The Director may, without any advertised call for bids, negotiate and execute any lease or license of a duration not exceeding ten years, including any options to extend the term, and having an estimated monthly rental not exceeding $25,000; provided, however, that if a lease or license is so excluded from the bidding procedure, the actual monthly rental in the executed lease or license shall not exceed $25,000, the term of the executed lease or license shall not exceed ten years, and the lease or license shall not be renewed. The Director may amend any lease or license entered into pursuant to this Section 73.2(b)(2) provided that such amendment does not extend the term of the lease beyond ten years or license or increase the monthly rental above $25,000. Notice of any such proposed lease or license shall be given as required by Government Code sections 25537(b) and (c).
Pursuant to Government Code section 25537(c)(2), the authorization granted to the Director by this subsection shall be effective for five years from the effective date of this ordinance.
(Added by Ord. No. 1411 (N.S.), adopted 8-24-54; amended by Ord. No. 2305 (N.S.), adopted 12-19-61; amended by Ord. No. 2512 (N.S.), adopted 3-5-63; amended by Ord. No. 3271 (N.S.), adopted 11-23-68; repealed and new Section added by Ord. No. 3524 (N.S.), adopted 5-26-70, effective 7-1-70; amended by Ord. No. 4514 (N.S.), effective 6-26-75, operative 7-1-75; amended by Ord. No. 5155 (N.S.), effective 6-8-78; amended by Ord. No. 5355 (N.S.), effective 2-22-79, operative 3-23-79; amended by Ord. No. 5721 (N.S.), effective 4-24-80; amended by Ord. No. 7865 (N.S.), effective 3-21-91; amended by Ord. No. 8154 (N.S.), adopted 10-6-92; amended by Ord. No. 9414 (N.S.), effective 1-10-02; amended by Ord. No. 9981 (N.S.), effective 5-21-09; repealed by Ord. No. 10365 (N.S.), effective 2-5-15; new Section 73.2 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)