San Leandro Municipal Code Ch. 9 Disposal Procedure

§ 8.9.100. APPLICABILITY.¶

The procedures set forth herein shall be applicable to the disposal of real property owned by the City of San Leandro and determined to be surplus and excess property no longer necessary for public purposes. The provisions of these rules shall not apply to the abandonment of streets or the vacation of easements owned by the City of San Leandro and governed by the statutes of the State of California or the provisions of Title 5, Chapter 4 of the San Leandro Municipal Code, nor shall the provisions of these rules apply to the termination, rejection, or abandonment of offers or dedication pursuant to §66477.2 of the California Government Code.

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§ 8.9.105. DETERMINATION OF SURPLUS REAL PROPERTY.¶

(a) All using agencies or department within the City of San Leandro shall submit to the City Manager a report showing any real property in the possession, custody or control of such using agency or department that is no longer used and is otherwise surplus and excess for the needs of the agency or department. If such real property is not required for any other public use, the City Manager shall declare it surplus and prepare or cause to be prepared a written estimate of its market value.

(b) Prior to disposal of surplus real property by public sale the City Manager shall provide notice to public agencies in the manner prescribed by §§54220 et seq., of the California Government Code.

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§ 8.9.110. MANNER OF DISPOSAL.¶

(a) With the consent of the City Council, the City Manager may dispose of any surplus real property which has an estimated market value of less than Five thousand dollars without advertising for bids.

(b) If the surplus real property has an estimated market value of Five thousand dollars or more, the City Manager shall dispose of the property in the manner set forth herein.

(c) Surplus real property may be disposed of in any other manner which may be approved by the City Council by resolution.

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§ 8.9.115. CITY PERSONNEL PROHIBITED.¶

No City official, officer, or employee shall bid, or be financially interested in any bid for surplus real property sold in accordance with these rules.

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§ 8.9.120. SALE PROCEDURE.¶

The conveyance of surplus real property by the City shall be by quitclaim of all right, title and interest in said property held by the City of San Leandro to the highest responsible bidder who submits a responsive bid pursuant to the following procedures:

(a) A notice inviting bids shall be published at least once 10 days before the opening of the bids in a newspaper of general circulation in the City printed and published within the County of Alameda. Notice inviting bids shall include a legal description of the subject property, a vicinity map showing the general location of the subject property, the time and place of opening of bids, specifications for bids, a statement that transfer of the surplus real property shall be by quitclaim deed.

(b) Sealed bids, including a 10% bid deposit, shall be submitted to the City Clerk.

(c) At the time and place fixed in the notice of bidders, all sealed proposals which have been received shall be publicly opened, examined and declared by the City Clerk.

(d) In sole discretion, the City Manager may reject any and all bids presented.

(e) After opening bids the City Clerk shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property, upon the terms and conditions specified and for a price exceeding by at least 5% of the highest written proposal, then the responsible oral bid which is the highest shall be accepted. Final acceptance shall not be made, however, until the oral bid is reduced to writing and signed by the offerer and a cash deposit in the amount of the 10% of the bid is tendered.

(f) Unless otherwise specified in the notice to bidders, sale of surplus property shall be made for cash.

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§ 8.9.125. DEED—ADDITIONAL COSTS.¶

Upon receipt of the amount of the highest bid, the City Manager shall execute a quitclaim deed on behalf of the City for the real property. All incidental and ancillary costs including but not limited to escrow fees, commissions, title and recording fees shall be borne exclusively by the purchaser.

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§ 8.9.130. FUNDS.¶

The amount received for any property sold pursuant to these rules shall be credited to the appropriate fund as the City Manager may determine.

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§ 8.9.135. EFFECT ON VALIDITY.¶

Nothing in these rules shall affect the validity of any transfer of title to real property.

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§ 8.9.140. FORMS.¶

The forms on the following pages for Notice to Bidders (Appendix A) and Resolution Accepting Bids (Appendix B) may be used.

APPENDIX A CITY OF SAN LEANDRO, STATE OF CALIFORNIA NOTICE TO BIDDERS OF SALE OF SURPLUS REAL PROPERTY

1.	The City of San Leandro has determined that the real property described in Exhibit A which is attached hereto is surplus and no longer necessary for public purposes. Said real property is generally located at (DESCRIPTION OF PROPERTY).
2.	The City of San Leandro desires to sell the herein described property to the highest responsible bidder by quitclaim deed. The City makes no representations regarding this property, including but not limited to its size, zoning, utility service or accessibility. While the subject property was acquired in fee by the City of San Leandro in connection with (DESCRIPTION OF PROJECT), the City of San Leandro makes no warranties express or implied with regard to title of this property.
3.	Sealed bids, subject to the conditions named herein, addressed to the City of San Leandro, will be received at the office of the City Clerk up to 11:00 a.m., (DATE BIDS DUE), at which time they will be publicly opened and read. The right is reserved as the interests of the City may require, to reject any and all bids, to waive any informality in bids, and to accept or reject any items of any bid.
4.	The City further reserves the right to accept oral bids from responsible bidders exceeding by at least 5% the highest written bid.
5.	All incidental or ancillary fees associated with the transfer of this property by quitclaim deed, including but not limited to title insurance, escrow fees, commission, notaries, recording fees and the like shall be borne exclusively by the purchaser without recourse to the City.
6.	A Bid Deposit shall be placed in an envelope attached to the outside of the sealed proposal. The Bid Deposit shall be in one of the following forms: cashiers check, certified check, or bidder's bond executed by an authorized corporate surety. Checks or bonds shall be in an amount equal to at least 10% of the total amount of the bid.
Dated: __________ Name, City Clerk	Dated: __________ Name, City Clerk

APPENDIX B
IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
RESOLUTION NO.
RESOLUTION ACCEPTING HIGHEST BID FOR SALE OF SURPLUS REAL PROPERTY AND AUTHORIZING CONVEYANCE THEREOF (LD NUMBER AND PROPERTY DESCRIPTION)
Recitals
The City of San Leandro bid on (DATE BIDS OPENED), publicly open, examine, and declare all sealed proposals or bids for the sale of that surplus property owned by the City of San Leandro and described in the Notice to Bidders of Sale of Surplus Property, dated (DATE OF NOTICE TO BIDDERS).
Said proposals were submitted to the City Manager who has recommended that the proposal hereinafter mentioned is the highest and best bid.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows:
That said City Council hereby rejects all of said proposals or bids except that mentioned herein and hereby accepts the bid of (SUCCESSFUL BIDDER) at the price named in its bid on file in the office of the City Clerk. And it is further
RESOLVED, that the City Manager is hereby authorized to execute all deeds necessary to effectuate the conveyance of the subject real property.
Introduced by Councilmember __________ and passed and adopted this _____day of __________, by the following called vote:
Members of the Council:
AYES: NOES: ABSENT:
ATTEST: ____________________ Name, City Clerk

Editor's Note: Former Title 24, Chapter 1, Surplus Property: Disposal Procedure, was editorially renumbered to be Title 8, Chapter 9, Engineering and Transportation: Disposal Procedure for Surplus Real Property, during the 2005-06 republication. Former Title 24, Chapter 1 was first codified administratively in 1984.

(Resolution No. 2006-123, 11/20/2006 [§§8.9.100-8.9.140])

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