Chapter 2.41 — ACQUISITION AND LEASE OF REAL PROPERTY BY CITY

Editor's note— Ord. No. 13287, § 2, adopted Jan. 6, 2015, repealed the former Ch. 2.41, §§ 2.41.010— 2.41.080, and enacted a new Ch. 2.41 as set out herein. The former Ch. 2.41 pertained to disposition of city-owned property for development and derived from Ord. No. 13185, § 2, adopted July 30, 2013.

The following words and phrases, wherever used in this chapter, shall be construed as defined in this section unless otherwise required by the context. The singular shall be taken to mean the plural and the plural shall mean the singular when required by the context of this chapter. The following definitions apply to this chapter:

"Acquisition of real property" or "acquire real property" for purposes of this chapter and Section 219(6) of the Charter means the purchase or other acquisition by the City from another of a fee simple interest in real property, with or without consideration, by grant deed, quitclaim, trustee's deed, deed in lieu of foreclosure, court order, or other transfer; but does not include the acquisition of a leasehold interest, easement, equitable servitude right-of-way, option interest, security interest, or other estate in real property less than a fee simple interest, or acquisition by civil forfeiture. Notwithstanding the above, the acquisition of a leasehold interest for a term or lease period exceeding thirty-five (35) years, including any extension or renewal periods if the extension or renewal is exercisable at the unilateral option of the City, shall be treated as acquisition of real property.

"Lease" means the conveyance to the City of a leasehold estate, rental, license or other exclusive or nonexclusive right under a less than fee simple estate for the City or its designee to use or occupy real property for a set term, periodic term such as month-to-month, or at will, with or without the payment of rent, lease payments, license fees, or other consideration; but does not include an easement or equitable servitude. A "lease" includes a sublease or an assignment of a lease to the City.

"Purchase price" means the total consideration given or provided by the City to the seller or on behalf of the seller in exchange for the purchase or other acquisition, whether paid in cash, cash equivalent, in-kind consideration, exchange, credit, or anything else of value to the City.

"Real property" means land, buildings, structures and other fixtures or immovable property affixed to the land.

(Ord. No. 13287, § 2, 1-6-2015)

The City is authorized to acquire real property by grant, purchase, gift, devise, contract, or eminent domain. Per Section 219(6) of the Charter, all acquisitions of real property by the City must be authorized by an ordinance enacted by the City Council, except as provided for below.

Notwithstanding the above, the City Administrator is delegated the full and complete authority to acquire any real property if the purchase price for the real property does not exceed one hundred thousand ($100,000.00). The City Administrator is authorized to negotiate and execute all documents necessary for the acquisition of such real property and take other actions necessary to complete such acquisition,

provided that the funds have been appropriated for the acquisition. No further City Council action is required for such acquisitions.

(Ord. No. 13287, § 2, 1-6-2015)

Any deed or grant conveying real property to the City must include a certificate of acceptance signed by the City Administrator or his or her designee accepting said real property.

Title to any real property acquired by the City shall be held in the name of "The City of Oakland, a municipal corporation."

(Ord. No. 13287, § 2, 1-6-2015)

The City has the right and power to acquire real property for a public use through eminent domain. Acquisition of real property through the City's power of eminent domain must conform to the provisions of the California Eminent Domain Law, California Code of Civil Procedure Sections 1230.010, et seq., and other applicable state and federal law provisions. Notwithstanding anything to the contrary in this chapter, acquisition of real property through the use of the City's power of eminent shall be authorized by Council adoption of a resolution of necessity pursuant to California Code of Civil Procedure Section 1245.210, et seq., and shall not require an ordinance.

(Ord. No. 13287, § 2, 1-6-2015)

The City is authorized to lease real property from another entity. All leases of real property by the City must be authorized by a resolution enacted by the City Council, except as provided for below. The City may acquire leasehold interests through eminent domain.

Notwithstanding the above, the City Administrator is delegated the full and complete authority to lease any real property if the rent, lease payments, license fees, or other consideration for the lease does not exceed one hundred thousand ($100,000.00) over the term of the lease, including any extension periods authorized under the lease. The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the lease of such real property and take other actions necessary to complete such lease, provided that the funds have been appropriated for the lease. No further City Council action is required for such leases.

(Ord. No. 13287, § 2, 1-6-2015)

The City is authorized to acquire easements, equitable servitudes, and right-of-way interests in real property by grant, purchase, gift, devise, contract, or eminent domain. This shall include the acquisition of negative easements such as conservation easements. Per Section 219(6) of the Charter, all such

acquisitions must be authorized by an ordinance enacted by the City Council, except as provided for below.

Notwithstanding the above, the City Administrator is delegated the full and complete authority to acquire any easements, equitable servitudes, and right-of-way interests in real property if the purchase price for such interest does not exceed one hundred thousand ($100,000.00). The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the acquisition of such interests and take other actions necessary to complete such acquisition, provided that the funds have been appropriated for the acquisition. No further City Council action is required for such acquisitions.

(Ord. No. 13287, § 2, 1-6-2015)

The City Administrator or his or her designee is hereby authorized to execute all right-of-way certifications and similar documents certifying that all property rights needed for federally-funded projects have been acquired and that the projects have qualified for the receipt of federal funds.

(Ord. No. 13287, § 2, 1-6-2015)

Any gifts or donations of real property to the City shall be governed by Section 2.04.160 and any regulations adopted pursuant to said provision by the City Administrator. For purposes of applying the limit on delegated authority to accept gifts as set forth in said provision, the fair market value (as defined in Section 2.42.010) of the real property being donated shall be considered.

(Ord. No. 13287, § 2, 1-6-2015)

The City Administrator is authorized to implement this chapter and may promulgate appropriate rules, regulations or guidelines for such purposes.

(Ord. No. 13287, § 2, 1-6-2015)