Article | |
IN GENERAL | |
INTERDEPARTMENTAL TRANSFER OF REAL PROPERTY | |
LEASES WHEN CITY IS TENANT | |
LEASES WHEN CITY IS LANDLORD | |
LOT LINE WINDOW AGREEMENTS | |
LABOR REPRESENTATION PROCEDURES IN HOTEL AND RESTAURANT DEVELOPMENTS IN WHICH THE CITY HAS AN ONGOING PROPRIETARY INTEREST | |
PREVAILING WAGE, APPRENTICESHIP, AND LOCAL HIRE REQUIREMENTS IN CITY REAL PROPERTY SALES CONTRACTS AND LEASES | |
MINIMIZING LABOR/MANAGEMENT CONFLICT IN PORT LEASES INVOLVING EXCURSION VESSEL OPERATIONS | |
Director of Property to Conduct Sales, Leases, Acceptances, and Other Real Estate Transactions. | |
Chapter Definitions. | |
Conveyance and Acquisition of Real Property. | |
Acceptance of Deeds by Director of Property and Assistant. | |
Expenses of Real Estate Department in Connection with Leases, Acquisitions and Conveyances. | |
Sale or Lease of Public Utility Property. | |
Public Notice Required Prior to Board of Supervisors' Approval of a Sale, Transfer, or Other Conveyance of City-Owned Property. | |
Government Entity Agreements. | |
Generally. The Director of Property is the head of the Real Estate Department, who shall perform his or her duties in accordance with Section 2A.110 of this Code. Except as otherwise set forth in Sections 4.112, 4.113, 4.114, 4.115, and B3.581 of the Charter and by Sections 2A.173 and 23.36 of this Code, or as otherwise provided by the Charter or this Code, each department, board or commission of the City shall conduct all negotiations through the Director of Property for the Acquisition, Conveyance or Lease of any Real Property required for use or owned by the City in accordance with the provisions of this Chapter.
Applicability of Chapter. The provisions of this Chapter shall apply to all Real Property Acquired, Conveyed or Leases by of for City purposes, except as otherwise provided by the Charter or this Code.
Approval of Ordinances, Resolutions. The Director of Property must recommend for approval resolutions and ordinances involving transactions provided for in this Chapter before adoption by the Board of Supervisors.
Inapplicability of Chapter. This Chapter shall not apply to the sale of Real Property for delinquent taxes or assessments, the granting of regulatory permits or franchises to use public streets, or the awarding of contracts by the Department of Parking and Traffic for the management or operation of City-owned parking garages.
(Bill No. 1787, Ord. No. 12.1761(C.S.), Secs. 1 to 4; amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
As used in this Chapter 23, the following initially capitalized terms shall have the meanings ascribed to them in this Section 23.2:
“Acquire” shall mean to acquire, accept, purchase, or exchange an easement or fee title in Real Property. “Acquisition” shall have a correlative meaning.
“Appraisal” shall mean a written opinion of value, as defined by the most recent version of USPAP, that is prepared for or received by the City, is prepared by a Qualified Appraiser, and conforms with USPAP appraisal guidelines.
“Appraisal Review” shall mean a written opinion about the quality of a Qualified Appraiser's work performed as part of an Appraisal that conforms with applicable USPAP appraisal review guidelines. An Appraisal Review shall be conducted by a Reviewer and include a summary of the reasons and findings for recommending or not recommending the subject Appraisal for approval.
“City” shall mean the City and County of San Francisco.
“Charter” shall mean the Charter of the City and County of San Francisco.
“Code” shall mean the Administrative Code of the City and County of San Francisco.
“Competitive Bidding Process” or “Competitive Bidding Procedures” shall mean a request for proposals, request for qualifications, or other publicly noticed competitive solicitation with specified criteria for selection.
“Convey” shall mean to convey, sell, transfer, grant, or relinquish an easement or fee title in Real Property. "Conveyance" shall have a correlative meaning.
“Convey” shall mean to convey, sell, transfer, grant, or relinquish an easement or fee title in Real Property. “Conveyance” shall have a correlative meaning.1
“Government Entity” has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time.
“Lease” shall mean a lease, sublease, or other means of granting a right to occupy or use Real Property, and shall also include a license, permit to enter, use permit, or other similar instrument.
“Market Rent” shall mean the most probable rent that a Real Property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement.
“Qualified Appraiser” shall mean a person who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective, holds a certified general license issued by the California Bureau of Real Estate Appraisers and the designation of MAI from the Appraisal Institute, and has five or more years of recent experience appraising real estate of the same type and in the same city, county, or wider area, as applicable, as the subject Real Property.
“Real Estate Department” shall mean the Real Estate Division of the Department of Administrative Services.
“Real Property” shall mean any real property interest in land or improvements, including an easement, Lease, or fee interest.
“Reviewer” shall mean a Qualified Appraiser who performs Appraisal Reviews.
“USPAP” shall mean the current edition of the Uniform Standards of Professional Appraisal Practice in effect on the date of an Appraisal or Appraisal Review.
(Former Sec. 23.2 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
CODIFICATION NOTE
1. So in Ord. 107-24.
The Director of Property may Convey any Real Property owned by the City upon recommendation of the department responsible for the administration of such Real Property, excepting park lands pursuant to Charter Section 4.113(2) or where a Conveyance of such Real Property would violate the terms of any gift, trust, deed restriction, bond covenant, or other covenant or restriction under which the City holds the Real Property. Such Conveyance may be made after the Board of Supervisors, by resolution, determines that the public interest or necessity demands, or will not be inconvenienced by, such Conveyance, and approves the Conveyance. The Board of Supervisors may authorize such Conveyance by resolution without advertisement, public auction, or Competitive Bidding Process if it determines that an advertisement, public auction, or Competitive Bidding Process is impractical, impossible, or is otherwise not in the public interest, including, for example only and not by way of limitation, when the Real Property is not capable of independent development, will be exchanged for other Real Property, or when the Board determines that a negotiated direct Conveyance of the Real Property will further a proper public purpose.
Before the Board of Supervisors approves a Conveyance, the Director of Property shall appraise the fair market value of such Real Property based on a review of available and relevant data and give the notices required by California Government Code Section 54220 et seq., Administrative Code Chapter 23A, or any other applicable provision of state law. Before the Board of Supervisors approves any Acquisition of Real Property that is not a donation of Real Property, the Director of Property shall determine the fair market value of such Real Property based on a review of available and relevant data.
If the Director of Property determines the fair market value of Real Property that the City intends to Acquire or Convey exceeds $10,000 and the proposed Acquisition is not a donation, the Director of Property shall obtain an Appraisal for the Real Property. If the Appraisal determines the fair market value of the Real Property exceeds $200,000, the Director of Property shall obtain an Appraisal Review for such Appraisal. Any Appraisal and Appraisal Review shall have an effective date of value that is not earlier than nine months before the date legislation for the proposed Acquisition or Conveyance is submitted to the Board of Supervisors. Notwithstanding anything to the contrary in this Section 23.3, to preserve Affordable Housing, the Director of MOHCD and the Director of Property are authorized to Acquire any Real Property without an Appraisal (1) through the exercise of rights and remedies under a deed of trust, deed in lieu of foreclosure, loan agreement, regulatory agreement, or other instrument securing the City’s interest in the Real Property, or (2) through negotiated contract or bid of Real Property that is to be sold through public auction, a judicial process, tax sale, or trustee sale.
The Director of Property shall also advertise by publication the proposed Conveyance if the Conveyance will be by public auction or Competitive Bidding Process, for no less than 30 days. Every Conveyance other than a sale at public auction or through a Competitive Bidding Process shall be for a sales price of at least 100% of the appraised value of such Real Property, except where the Board determines either that (a) a lesser sum will further a proper public purpose, or (b) based on substantial evidence in the record, the terms and conditions of such Conveyance are reflective of the fair market value of the Real Property notwithstanding the appraised value.
(Former Sec. 23.3 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
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