San Francisco County Municipal Code Art. II Interdepartmental Transfer of

REAL PROPERTY Sec. 23.10. "Department" Construed. Sec. 23.11. Powers Granted Departments by Charter or Code Not Abridged. Sec. 23.12. Transfer Authorized; Grounds for Transfer. Sec. 23.13. Filing Request for Transfer. Sec. 23.14. Director of Property's Report. Sec. 23.15. Mayor's Consent to Transfer; Consent of Department Having Jurisdiction. Sec. 23.16. Resolution Authorizing Transfer. Sec. 23.17. Transfer Not to Violate Trust. Sec. 23.18. Making Transfer Without Mayor's or Department's Consent. Sec. 23.19. Record of Transfer. Sec. 23.20. Payment.

(Ord. No. 7919 (1939), Sec. 9; redesignated as Sec. 23.10 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

(Ord. No. 7919 (1939), Sec. 10; redesignated as 23.11 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

(Ord. No. 7919 (1939), Sec. 1; redesignated as 23.12 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

For purposes of this Article, the word "department" shall include the Board of Trustees of the San Francisco Unified School District

when Real Property of the City used, acquired or designated for school purposes from City funds is concerned. (Added as Sec. 23.7 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.10 redesignated as Sec. 23.13 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

The provisions of this Article shall not be construed to abridge, modify or alter the powers granted to any department or commission by any other provisions of the Charter or this Code. (Added as Sec. 23.8 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.11 redesignated as Sec. 23.14 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Whenever any Real Property belonging to the City is no longer used advantageously by the department under whose jurisdiction it is, or when any such Real Property can be more advantageously used by a department other than the department under whose jurisdiction it is, the Real Property may be transferred to the jurisdiction of the department which can more advantageously use the same in accordance with the provisions of this Article. (Added as Sec. 23.9 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.11 redesignated as Sec. 23.15 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

The officer, board or commission in charge of the department which desires to have Real Property transferred to it shall file with the Mayor and the Director of Property a request in writing for the transfer, which request shall contain a description of the desired Real Property and state the specific purposes for which the Real Property is to be used by the requesting department. (Added as Sec. 23.10 by Ord. No. 7919 (1939); amended by Ord. 287-96, App. 7/12/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.13 redesignated as Sec. 23.16 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Within 30 days after the receipt of the request required by Section 23.13, the Director of Property shall prepare a report for the Mayor and the requesting department of the estimated fair market value of the Real Property, the character of the improvements thereon, and an evaluation as to whether, in the opinion of the Director of Property, the Real Property can be advantageously used by the requesting department for the purposes specified in the request. If the Director of Property determines the estimated fair market value of Real Property exceeds $10,000, the Director of Property shall obtain an Appraisal for the Real Property; provided, however, the Director of Property shall not be required to obtain an Appraisal when the requesting department (a) is not an Enterprise Department, as defined in Administrative Code Section 23A.4, and (b) will use the Real Property for 100% Affordable Housing, as defined in Administrative Code Section 23A.4; provided further that such 100% Affordable Housing requirement shall not exclude other ancillary uses of the Real Property that benefit the Affordable Housing on the Real Property or benefit the community. 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 any legislation for the proposed transfer is submitted to the Board of Supervisors. The Appraisal requirement in this Section 23.14 shall not apply to any jurisdictional transfers under Administrative Code Chapter 23A. (Added as Sec. 23.11 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016; Ord. 6-18, File No. 171107, App. 1/19/2018, Eff. 2/19/2018) (Former Sec. 23.14 redesignated as Sec. 23.17 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

JURISDICTION. If, on receipt of the Director of Property's report, the Mayor believes that the department requesting the transfer can advantageously use the Real Property, the Mayor shall request the department under whose jurisdiction it is to consent to the transfer of the Real Property to the department desiring the transfer. If the second-mentioned department consents to the transfer within 30 days, the Mayor shall recommend to the Board of Supervisors that it order the Real Property transferred, sending to the Board with the request such data regarding the Real Property as he or she has received from the Director of Property. No Real Property shall be transferred from one department to another without the consent of the department having jurisdiction over the Real Property, except as provided by Section 23.18 below. (Added as Sec. 23.12 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 6-18, File No. 171107, App. 1/19/2018, Eff. 2/19/2018) (Former Sec. 23.15 redesignated as Sec. 23.18 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Upon receiving the Mayor's recommendation that the Real Property be transferred and the consent of the department having jurisdiction, the Board of Supervisors shall consider the same. If the Board determines that the Real Property is no longer necessary or advantageous to the department having jurisdiction and can be more advantageously used by the requesting department, the Board shall, by resolution, order a transfer of the Real Property to the requesting department. Any such transfer may be made without limit or for a limited period or under other conditions stated in the resolution. (Added as Sec. 23.13 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.16 redesignated as Sec. 23.19 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

No Real Property shall be transferred under this Article if the transfer would violate the terms of any gift, trust, deed restriction, bond covenants, or other covenants or restrictions under which the City holds the Real Property. (Added as Sec. 23.14 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.17 redesignated as Sec. 23.20 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

If, upon receipt of the Director of Property's report, the Mayor believes that the department having jurisdiction over the Real Property continues to have advantageous use therefor, that the Real Property cannot be more advantageously used by the requesting department, or should the department having jurisdiction refuse or neglect to consent to the requested transfer, the Mayor shall transmit his or her report of the circumstances to the Board of Supervisors, together with the original request for transfer and the Director of Property's report relating thereto. Such transmittal shall be made by the Mayor within 60 days after receipt of the Director of Property's report. Upon receipt of the transmittal from the Mayor, the Board of Supervisors or a committee thereof shall hold a public hearing thereon, at which all interested departments and individuals shall be given an opportunity to be heard. After such hearing, if the Board of Supervisors finds that the department having jurisdiction over Real Property no longer needs or has advantageous use therefor, or finds that the Real Property can be used more advantageously by the requesting department, the Board may, by resolution, order that the jurisdiction of such Real Property be transferred to the requesting department. Any such transfer may be made without limit or for a limited period or under other conditions stated in the resolution. (Added as Sec. 23.15 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.18 redesignated as Sec. 23.25 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

(a) Any resolution transferring any Real Property from one department to another under this Article II shall identify the Assessor’s Parcel Number (if any) and shall be accompanied by a plat map and verified legal description, or, if there is no verified legal description, shall be accompanied instead by an Assessor’s Block Map and narrative description referencing the Assessor’s Block Map that includes sufficient information to identify the geographic location and dimensions of the Real Property being transferred; and shall include the receiving department’s mailing address for tax bills and notices. For purposes of this Section 23.19, a “verified legal description” is a legal description approved by the County Surveyor. Upon introduction of the resolution, the requesting department shall submit the map, description, and department mailing address required in this subsection (a) to the Clerk of the Board of Supervisors. (b) When the Board of Supervisors adopts any resolution transferring any Real Property within the City and County of San Francisco from one department to another under this Article II, the Clerk of the Board of Supervisors shall cause a certified copy of the adopted resolution, including map and description to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the Office of the Recorder. The Office of the Recorder shall not charge a recording fee in connection with this recordation. For all transfers of any Real Property from one department to another under this Article, the Director of Property shall keep a digital copy of the resolution in the Director’s office and make the necessary record of the transfer. (Added as Sec. 23.16 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 253-19, File No. 190810, App. 11/15/2019, Eff. 12/16/2019) (Former Sec. 23.19 redesignated as Sec. 23.26 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Transfers of Real Property pursuant to this Article shall be paid for no less than 100% of the appraised value, except where the Board of Supervisors determines by resolution that a lesser sum will further a proper public purpose, and provided that the Public Utilities Commission shall be paid at least the historical cost of such Real Property. (Added as Sec. 23.17 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016) (Former Sec. 23.20 redesignated as Sec. 23.27 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)