HomeMy WebLinkAboutR-10175 Update City Real Property Acquisition and Disposal Policy0 •
RESOLUTION NO. 10175 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO UPDATING THE CITY'S
REAL PROPERTY ACQUISITION AND DISPOSAL POLICY
WHEREAS, the Property Management Manual was adopted in 1986 (Resolution No.
5963), and except modifications for leases with non - profit organizations in 1989 (Resolution No.
6706) and leases of City-owned buildings in 2001 (Resolution No. 9226), it has not been
comprehensively reviewed since then and
WHEREAS, the given the passage of time since 1986, the City has undertaken a
comprehensive review of its real property acquisition and disposal policy.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Resolution Numbers 5963, 6706 and 9226 are hereby rescinded.
2. The attached Real Property Acquisition and Disposal Policy is hereby adopted as
Section 475 of the Financial Management Manual
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18`h day of May 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
*Christine Dietrick
City Attorney
R 10175
Section 475
TABLE OF CONTENTS
A. INTRODUCTION 1
Purpose and Objectives I
Management- Strategy 2
Responsibilities 2
State and City Requirements 4
B. PROPERTY ACQUISITION 6
Purchase 6
Rents, Leases and Management Agreements 6
C. PROPERTY DISPOSAL 8
Sales and Long -Term Leases 8
Leases of City-Owned Buildings 10
Right -of -Way 13
APPENDIX 14
City Charter: Article IX, Section 906: Sale or Lease of City Property 14
Resolution No. 10052: Policies for the Sale or Lease of City Property 15
777 Y:.iroryliS`
Adopted by the Council on May 18, 2010 (Resolution No. 10175)
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Section 475 -A
PURPOSE AND OBJECTIVES
Purpose
O
The purpose of this policy is to set forth responsibilities and general strategies for the acquisition
and disposal of real property, whether by sale, lease or via grants, donations, gifts, dedication or
exchange.
This policy does not address maintenance and operations of City real property. These are
covered in other policy documents that are more focused on operations. For example, the City
prepares detailed Conservation Plans for each of the City's open space areas, such as Bishop's
Peak, Cerro San Luis, Irish Hills Natural Reserve and Johnson Ranch, which include detailed
management plans for maintenance and operations. Likewise, the City's Water and Wastewater
Management Plans also address maintenance and operations of the real property used in
delivering these services such as treatment plants and reservoirs.
It also does not address City "personal property," such as vehicles or computers. For example:
detailed policies and procedures for the acquisition, disposal, operations and maintenance of the
City's fleet are comprehensively set forth in the City's Fleet Management Policy (Section 405 of
the Financial Management Manual); and detailed policies and procedures for the acquisition,
disposal, operations and maintenance of the City's information technology assets, such as
servers, printers, computer workstations and software, are provided in the City's Information
Technology Policies and Procedures Manual.
Lastly, this policy supplements provisions regarding the acquisition and disposal of real property
that may exist in other City policy documents: unless there are direct conflicts, it does not replace
them.
Objectives
The goal of this policy is to provide a framework for the acquisition and disposal of City real
property that assures these actions:
Advance City plans, policies and goals, such as the General Plan (which consists of eight
elements: Land Use, Circulation, Housing, Parks & Recreation and Conservation & Open
Space, Noise, Safety and Water & Wastewater); Physical Concept Plan for the City's Center
(Downtown Plan); Bicycle Plan; Short-Range Transit Plan; Access and Parking Management
Plan; and Financial Plan and Budget.
2. Provide effective stewardship of City assets.
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Introduction
MANAGEMENT STRATEGY
Team - Oriented Rather than Centralized or Decentralized
The opportunities to acquire or dispose of property, whether initiated by the City or others, are
infrequent. Accordingly, it does not make sense to establish a centralized real property
management function for this purpose. On the other hand, a highly - decentralized approach is
unlikely to be successful in achieving broader City goals and assuring effective stewardship of
City assets.
For this reason, real property acquisition and disposal will be managed on a team basis, with the
project manager and team members to be determined by the City Manager based on the nature of
the sale or lease on a case -by -case basis. Depending on the complexity of the sale or lease, the
project manager will be responsible for preparing a formal "Project Plan."
Along with staff members, the project team may include third party, independent advisors as
needed based on the nature and complexity of the sale or lease, such as appraisers, engineers,
accountants, legal counsel, economists, brokers and financing consultants. These will be selected
in accordance with the City's purchasing policies.
RESPONSIBILITIES
1. City Council
a. Adopts Real Property Acquisition and Disposal Policy.
b. In accordance with Resolution No. 10052, approves the sale or lease of City-owned
property.
c. Determines the process that is most appropriate for the sale or lease of City property on a
case -by -case basis.
2. Planning Commission
a. Reviews the acquisition of City real property via its review of the Capital Improvement
Plan (CIP) as part of the City's budget process for General Plan consistency.
b. Reviews the sale of all City-owned property for General Plan consistency.
3. City Manager
a. Recommends real property management policies to the Council and oversees
implementation.
b. On a case -by -case basis, designates project manager and team members comprised of
staff from various departments to manage real property acquisition and disposal projects.
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Introduction
Along with the project manager, the project team will typically include representatives
from:
• Administration
• City Attorney
• Finance Division
• Operating Department responsible for managing the property that will be disposed of
or acquired
• Other City staff as appropriate
c. Makes non - substantive administrative changes to policies and procedures as required to
accomplish policy objectives.
4. City Attorney
a. Serves as member of project team as set forth in the Project Plan.
b. Drafts required legal documents.
c. Manages escrow closing and other related technical duties, including review of title
reports and insurance requirements to ensure encumbrances on City real property do not
cloud title, whether acquired with City funds, grants, donations, gifts, dedications or
exchange.
5. Finance & Information Technology
Finance Division
a. Serves as member of project team asset forth in the Project Plan.
b. Manages financing and budgeting activities, as well as processes payment for a property
sale or lease.
c. Reviews all City-owned properties as part of the two -year Financial Plan development
process.
Information Technology Division
d. Via the City's Geographic Information System (GIS), maintains an on -line inventory of
City -owned properties and provides an annual summary report to the City Manager and
department heads.
6. Project Manager
As designated by the City Manager on a case -by -case basis, provides overall planning,
coordination and successful implementation of real property acquisitions and disposals.
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Introduction
7. Human Resources: Risk Management
Ensures appropriate insurance coverage for all properties; reports property acquisition and
disposals to the City's insurance carrier.
8. City Clerk
Maintains central records system for all real property acquisitions and disposals, including
deeds and lease documents
9. Operating Departments
a. Serve as members of the project team as set forth in the Project Plan.
b. Operating department responsible for managing the property that will be disposed of or
acquired Ensures compliance with any covenants or restrictions set forth in the deed or
lease, including any grant or donor requirements.
STATE AND CITY REQUIREMENTS
While the City Attorney's Office should always be consulted on real property acquisitions or
disposals for compliance with State and City requirements, the following summarizes key
guidelines:
1. State Guidelines
a. California Government Code Section 37380: Allows City -owned property to be leased
for a period not exceeding 99 years; and allows charter cities to set their own procedures
for property leases.
b. California Government Code Section 54220: Surplus City-owned property must first be
offered to:
• Housing authorities
• Parks, recreations and open space areas
• Enterprise zones
• Schools
While these agencies have the "right of first refusal," the City is not required to accept an
offer from these entities if the terms are not acceptable to the City. Property exchanges
are exempt from these provisions.
c. California Government Code Section 65402: The Planning Commission must review all
property acquisition and disposal proposals to determine compliance with the General
Plan.
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Introduction
d. Abandonment of Parks, Street Right -of -Ways: There are detailed requirements that
must be met in each of these cases. As such, the City Attorney must be contacted for
direction on a case -by -case basis.
2. City Requirements
a. City Charter: Article IX, Section 906: Authorizes the Council to adopt policies and
procedures applicable to the sale or lease of City property by ordinance or resolution.
b. Resolution No. 10052: Sets the policy authorized by the City Charter. Key provisions are
that Council approval is required for any:
• Sale of real or personal property in excess of $1,000.
• Lease of personal property for more than three years.
The full text of these City requirements is provided in the Appendix.
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PURCHASE
The following guidelines apply to the purchase of real property, whether in the form of fee title,
rights -of -way or easements; and whether purchased with City funds or acquired via grants,
donations, gifts, dedications via the development review process or property exchanges. Prior to
the acquisition of real property, a professional title search shall be completed.
1. Purchase with City Funds
a. Property purchase recommendations should normally be presented as part of the City's
Financial Plan process via the recommended Capital Improvement Plan (CIP). However,
as opportunities arise, the Council may consider property acquisitions at any time.
b. Acquisition proposals should be consistent with adopted plans and policies, including the
prior Financial Plans and the adopted CIP.
c. The Council must authorize negotiations and approve the acquisition of any real property.
d. Depending on the complexity of the transaction, market conditions and other
circumstances at the time, the City may choose to be represented by a broker or other
third party professionals in acquiring real property. These will be selected in accordance
with the City's purchasing policies.
2. Acquisition Via Grants, Donations, Gifts, Dedications and Exchanges
Acquisition recommendations that will be fully or partially funded from grants,
donations, gifts, dedications or exchanges should follow, at a minimum, the same
guidelines as acquisitions financed from City funds. Where grant fund requirements for
property acquisition are different from these guidelines, the requirement with the greater
public disclosure will apply.
2. Council approval of acquisitions via grants will be required in accordance with the City's
Grant Management Policy (Section 740 of the Financial Management Manual).
3. In considering property donations and gifts, the City will evaluate and short and long-
term maintenance and operating costs, as well as any one -time costs that might be
necessary to rehabilitate properties for public use or meet building code requirements.
RENTS, LEASES AND MANAGEMENT AGREEMENTS
The following guidelines apply to real property rents and leases (including management
agreements) where the City will be the tenant. This need may arise for short-term uses, such as
rental of interim space during construction; or ongoing operational needs, such as leases for the
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Property Acquisition
City's telecommunication and radio needs at the South Street Hills and Tassajara Peak as well as
cooperative use agreements with the school district for recreation programs.
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Property Acquisition
1. These should normally be included as part of the City's Financial Plan process. However, as
needed, the City may consider renting or leasing property as required to meet the City's
operational needs at any time.
2. The approval authorization required for entering into lease agreements will be in accordance
with the City's purchasing policies.
3. Depending on the complexity of the transaction, market conditions and other circumstances
at the time, the City may choose to be represented by a broker or other third party
professionals in renting or leasing real property. These will be selected in accordance with
the City's purchasing policies.
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r
475-C
The consideration of selling or leasing City property may arise from the City's initiative to do so
or may be in response to interest by others. The guidelines below cover short-term leases of City
property as well as long -term leases or fee -title sales.
SALES AND LONGTERM LEASES
Sales Versus Long -Term Lease
In most cases, the sale or long -term lease of City real property will have a similar practical effect:
the use of City property by others for a very long time. As such, as set forth below, the basic
process for the sale or long -term lease of City property will be same. The decision on whether
the City goals will be better met through sale or long -term lease will be made by the Council on a
case -by -case basis. Key factors to be considered include:
1. Which option represents the best financial return to the City?
2. Are the City's fiscal goals at the time best met with one -time proceeds from the sale or from
a long -term income stream? For example, if the disposition is directly linked to the funding
of another capital project, such as the acquisition or construction of a replacement facility,
then sale may make the most sense.
3. Does the City have a long -term policy, project, program or proprietary interest in how the
property is used? In this case, a long -term lease may make the most sense.
4. Is the property already fully developed, undeveloped or under- developed? If developed, was
it intended to be use as leased space?
5. Are there limiting factors based on how the property was originally acquired or its initial
intended use, such as grants, enterprise funds or donations) that would favor long -term
leasing over direct sale?
6. What is the appropriate lease term? Depending on the circumstances, the Council is hereby
authorized under this policy to enter into a lease for up to 99 years. Terms up to 99 years
would be appropriate for leases where the intent, from a use and developer financing
perspective, is intended to mirror a sale; but for the reasons outlined above, the City desires
to retain fee - title.
In most cases, the decision will be a balancing of competing interests that can best be weighed by
the Council based on the circumstances at the time.
Process: Determined on Case -by -Case Basis
The City disposes of property infrequently and the most appropriate process will vary in each
case depending on the circumstances. The guidelines below are intended to provide the City with
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Property Disposal
a framework for assessing the best approach on a case -by -case basis. It is not intended to limit
the approaches available to the City: the overarching principle that should always apply is using
an approach that will best accomplish the City's objectives given the circumstances at the time.
As outlined below, there are five basic approaches that the City could take in determining the
best long -term use of City property by others: request for proposals, broker services, exclusive
negotiations, competitive sealed bids or auction (or a combination of these approaches), which
will be determined by the Council on a case -by -case basis depending on the circumstances.
Request for Proposals (RFP). This approach makes the most sense when the City is
initiating the sale or long -term lease of City property. It provides an opportunity to clearly
articulate the City's policy goals and the general terms and conditions under which it will
select the successful proposal. However, even with an RFP process, extensive negotiations
are likely to follow the finalist selection.
2. Broker Services. This approach makes the most sense for sales when the City is initiating
the sale; the goal is primarily a financial one; and the conditions of the sale are
straightforward. The sale of the prior Headquarters Fire Station at Pismo and Garden Streets
after the construction of the replacement Fire Station No. 1 at Broad and Santa Barbara in the
mid- 1990's is an example of where listing the property with a broker is likely to be the best
option.
3. Exclusive Negotiations. This approach makes the most sense when considering the sale or
lease in response to a development proposal by others. The following factors support this
approach:
a. The City receives a written request from a proposer that sets forth its conceptual project
and why it believes that exclusive negotiations are in the City's best interest.
b. The proposer owns or controls a majority of the privately -held property adjacent to the
intended area to be developed that is integral to the proposed development and required
for successful implementation of the project. In this case, the project could not occur
without the developer's property and no other developer could make a similar proposal.
c. The proposal involves an exchange of City-owned property with the developer /property
owner. In this case, the project could not occur without the developer's property and no
other developer could make a similar proposal.
d. There is a clear link to the development proposal and accomplishment of significant City
goals, plans or policies.
e. The proposer has a demonstrated record of completing highly successful projects in the
City or similar communities.
f. Other circumstances where it is clearly in the City's best interest in achieving major
policy objectives to enter into exclusive negotiations.
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Property Disposal
When this approach is used, the City will enter into a formal Exclusive Negotiating
Agreement which will be considered at a public meeting and clearly sets forth the terns and
conditions of the negotiating period.
4. Competitive Sealed Bids This approach makes the most sense for sales when the City is
initiating the sale; the goal is primarily a financial one; the conditions of the sale are
straightforward; and the City believes that it can successfully market the sale without outside
professional assistance.
5. Auction. This approach is typically used for delinquent tax sales or forfeited assets.
Accordingly, it is likely to be rarely used by the City.
LEASES OF CITY -OWNED BUILDINGS AND REAL PROPERTY
The following guidelines apply to leases of City -owned buildings to outside parties.
Leases with Non - Profit Organizations
1. Requests for the long -term use of City property by non -profit organizations should generally
follow the same review procedures as the sale or lease of City property by private for -profit
entities.
2. The proposed use should be consistent with the goals and objectives of the City's General
Plan and not conflict or preclude any existing or planned City use.
3. Any development or operations directly related to the proposed use should have a clear and
measurable community benefit in alignment with City goals, policies and plans.
4. Any lease agreements for the use of City property by non -profit organizations that charge a
less than market rate for the City property should include a provision for community access
and/or City use, or operate in close partnership in the delivery of City services.
5. Lessees will be responsible for all property related use taxes that may be assessed.
Long -Term Uses
1. Buildings permanently intended for non - residential uses (such as retail or office) and
located on land zoned for those uses
a. The City may use the services of a real estate agent or broker in advertising, locating and
managing the leases. This selection will be made in accordance with the City's
purchasing policies. The net difference between the manager's fees and the rents
collected shall accrue to the City.
b. For -profit entities should pay comparable market rents. Below- market rates may be
considered for non -profit organizations in accordance with the guidelines above.
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Property Disposal
c. Unless otherwise agreed upon, lessees will be responsible for making all tenant
improvements and comply with all City zoning and land use requirements, including any
special conditions the City may place on the property.
d. Lessees will conform with the City's non - discrimination requirements.
e. Lessees will be responsible for all property related use taxes that may be assessed.
Typical buildings in this category include: Office space located in the Marsh Street
Parking Garage Structure.
2. Buildings or real property permanently intended for specific City- approved purposes by
others, such as cultural or agricultural uses
a. The lessee must be a formal, non -profit organization whose stated purpose is a public
benefit aligned with the purpose and goals of the City.
b. The proposed use must further the Council's intended goals or policies for the specific
property, and shall not conflict or preclude any existing or planned City use.
c. The proposed use should be consistent with the goals and objectives of the City's General
Plan for land use.
d. Any development of operations directly related to the proposed use must be in the public
interest and supply measurable benefit to the public.
e. The lease agreement must include a provision for community and/or City use.
f. Lessees will be determined either by a specific organization requesting use of the building
or by the City actively seeking out an organization to fulfill the Council approved use for
the property.
g. Approved lessees must conform to the City's non - discrimination requirements.
h. Lessees will be responsible for all general maintenance and upkeep of the property and
any expansion or improvement of the building, unless the Council otherwise chooses to
help fund that expansion or improvement.
i. The long -term lease will be at a rate of $1 per year, unless the Council determines
otherwise.
Typical properties in this category include the Children's Museum, Art Center, Railroad
Historic Museum and land zoned for agricultural /open space operations.
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Property Disposal
Interim Uses
3. Buildings on land eventually intended for other purposes, which are available for interim
residential use and located on land zoned for that use
a. Unless there are compelling reasons otherwise, the property will be managed by the San
Luis Obispo Housing Authority. Each property will be evaluated on its particular merits
and an appropriate agreement will be developed between the City and the Housing
Authority.
b. For any properties acquired that are already being successfully managed by a property
management company, the City may continue this relationship.
Typical buildings in this category include residential units along Bullock Lane that were
acquired for eventual demolition for needed right -of -way for the Orcutt Road improvements.
4. Buildings on land eventually intended for other purposes, which are available for interim
uses on land zoned for other than residential uses
a. The Council will determine the best use of the property on a case -by -case basis.
b. Unless there are compelling reasons otherwise, if the interim use is residential in nature
even though the property is located on land zoned for non - residential uses, the property
will be managed by the San Luis Obispo Housing Authority In this case, each property
will be evaluated on its particular merits and an appropriate agreement will be developed
between the City and the Housing Authority. For any residential properties acquired that
are already being successfully managed by a property management company, the City
may continue this relationship.
c. For non - residential uses, the City may use the services of a real estate agent or broker to
advertise the property, and locate and manage lessees. This selection will be made in
accordance with the City's purchasing policies. The net difference between the manager's
fees and the rents collected shall accrue to the City. The City will provide direction to the
property manager as to the length of the lease term, since business /office users that install
tenant improvements generally want lease terms long enough to recover those costs.
d. Lessees will pay comparable market rents. Below- market rates may be considered for
non -profit organizations in accordance with the guidelines above.
e. Lessees must conform with the City's non - discrimination requirements.
f. Unless otherwise agreed upon, lessees will be responsible for making all tenant
improvements and comply with all City zoning and land use requirements, including any
special conditions the City may place on the property.
Typical buildings in this category include: properties acquired for the Palm/Nipomo Parking
Structure
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Property Disposal
RIGHT -OF -WAY
Right -of -way disposals may be initiated by the City or in response to public requests. Right -of-
way will only be abandoned when it has no apparent current or future use. The following guide
the disposal of right -of -way:
1. The City will follow requirements of the State of California Streets and Highways Code in
acquiring, disposing and abandoning public right -of -way.
2. Right -of -way that has been purchased in fee or easements purchased with City funds will be
sold or leased in accordance with the policies above.
3. Easements used for utility transmission and distribution systems will normally be reserved. If
the utility previously using the easement declines further use, the City will offer it to other
utilities before abandonment.
4. The City may place conditions of approval on abandonments of right -of -way that must be
satisfied prior to transfer of ownership of the subject easement or property.
5. The City may reserve an easement for its water and sewer system or may reserve a blanket
easement for all utilities.
6. The City will not guarantee the title of right -of -way it abandons.
475 -14
906 Sale or Lease of City Property.
The City Council, by ordinance or resolution, shall adopt policies and procedures that shall be
applicable to the sale or lease of City property.
475 -15
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RESOLL'TIa1 NO, 10052 (21109 series)
A RESOLLTION OFTHE COUtiCIL OF THE CITY OF SAN LUIS OBISPO
SETI`ING FOLIC" FOR THE SALE OR LEASE OF 071f PROPER -rV
WHEREAS, sn Nosembc 2004;, City voters approwd am urnrndrocist to Swim 9U6 of
the City Charier that provides fev Council adoption by ordimaocc or resolution of policics and
procaltrres that sholl be applicable to the sale or low of City property-, and
WHEREAS, the Council desires Lo adc+pt policies gmeming authi city fm the sate or
tease of City property that arc sarnilaa to those in that were place is the City C7sa:ter pc^_w to
tivvcnsber 20M. CaMpt for an adjustment in U= umount to aaxwnt fur the pwsabe of tithe.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as fotloaT_ No sale or lose of and property nor amy sale of personal properly of a value
in eases of ortc thousand dollars (S1,41)0,401 nor any tease of personal property for a period
exceeding dtrtx (3) } shalt be avtltoib:od by the Council except by rc%Dhziw psssed by the
affirmative vote of than fifths (315) of all the m=b=s of the Council.
Upon elution of Viii ma�tix Satic. wwrsded by Council i'vi"ilxx btirx, and on the
0lowing vote:
AYES: Council Members Carter and Marx, Vice Mayor Settle urd M eyor Rortcru
NOES: None
ABSENT: Council h %ember Ashbaugh
Thu loranoieg resolutiue was adolmed this 2U" day of January Zfltl9.
City Clerk
APPROVED AS TOO FORM;
Jor- ha . Lowell --
City Attorney
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David . Mayor
it 10052