San Mateo Municipal Code Ch. 3.62 Acquisition—leasing—disposition—city Property

Pursuant to the authority of Charter Section 1.03, the City Council is vested with the authority, and may exercise all powers necessary or appropriate, to provide for the general welfare of its inhabitants. The purpose and intent of this chapter is to exercise those powers to establish procedures for acquisition, leasing and disposition of city property, both real and personal, and whether the same be acquired by eminent domain, grant, purchase, lease, gift, devise, contract, or by other means.

The acquisition of real property by power of eminent domain, negotiated purchase, lease or otherwise shall be by action of the City Council or City Manager, as set forth in this chapter. In acquisitions of real property by action other than condemnation, it shall not be necessary to obtain an appraisal of value, but the Council may so authorize or require.The City Manager or designee is authorized to purchase affordable ownership residential units in the City, at the purchase price prescribed in the applicable affordability agreement, for purposes of resale to a qualified buyer, as defined in the applicable affordability agreement.The Council may accept or reject any gift, bequest, devise of real or personal property made to or for the City, or to any of its Boards, Commissions or officers in their official capacity or in trust for any public purpose. It may hold and dispose of the property and the income therefrom for such uses as the Council may determine.

(a) Personal Property. When a lease of City property or the property of another is for a term not to exceed one year and involves a consideration of twenty-five thousand dollars or less, it may be approved by the City Manager. If it is for a term in excess of one year, or involves a consideration of more than twenty-five thousand dollars, then it may be approved by the City Council.

(b) Real Property. When a lease of City property or the property of another is for a term not to exceed one year and involves a consideration of twenty-five thousand dollars or less, it may be approved by the City Manager. All other leases of City property may be approved by the City Council.

(c) Term. No lease of City property may be granted for a term to exceed ninety-nine years, except that marsh, tide and submerged lands granted to the City by the State may be leased for a longer period if permitted by the terms of such grant.

(a) Personal Property. Personal property which is outmoded, obsolete, no longer usable for the public purpose intended, in a state of disrepair requiring serviceable costs in excess of its salvage value, in need of replacement to maintain a reasonable standard of public service, or of no benefit or surplus to the needs of the City, may be disposed of by sale or discarded. When sales of City personal property involve a value or consideration of twenty-five thousand dollars or less, they may be approved by the City Manager. All sales involving a value or consideration of twenty-five thousand dollars or more may be approved by the City Council. Sales at public auction may occur without approval of the City Council or City Manager.

(b) Real Property. Real property, whether the same be land or improvements, or both, may be sold by approval of the City Council upon a finding that such sale is for the public interest and convenience with the adoption of a resolution of intention to sell, incorporating such finding. The resolution of intention may contain those provisions that the City Council deems appropriate and may:

(1) Contain a description of the property to be sold;

(2) Prescribe the terms of sale;

(3) Authorize appraisal of the value of the property;

(4) Provide for notice of sale by publication at least once in a daily newspaper published and circulated in the City, and notice by any other means, as the Council shall specify;

(5) Specify a time for final action upon the sale;

(6) Fix a minimum acceptable bid, if desired by the Council.

The leasing, sale, or disposition of City property will be governed by the following procedures:

(a) Personal Property. All personal property having value only as scrap may be accumulated to be sold as a lot for the highest bid. Said bid may be made and honored for a calendar year, or less, as the City Manager may determine. All other personal property may be sold at an auction or by advertising for bids in accordance with either the "Council Award Procedure" or the "Manager Award Procedure" set forth in Chapter 3.60, depending on the awarding authority. By 4/5 vote of the City Council bids may be waived if: (1) disposition is made to a non-profit entity provided that the Council finds the disposition to be of public benefit; or (2) if the property is of a type for which there is no otherwise available market. Used and unneeded computers and computer equipment may be donated to schools within the City of San Mateo without compliance with this section.

(b) Real Property. The bid provisions of the "Council Award Procedure" set forth in Chapter 3.60 will apply to the sale of City real property. Leasing of City real property is subject to the bid provisions of the "Council Award Procedure" or the "Manager Award Procedure" set forth in Chapter 3.60, depending on the awarding authority.

(c) Award and Rejection. The awarding authority may, in its discretion, waive any informalities or minor irregularities in the bids or quotations received. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carrier by the bidder.

Failure to comply with the provisions of this chapter shall not invalidate or set aside any contract. No section of this chapter shall impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, Board, Council or Commission with discretion to enforce the section, or not to enforce it.

Notwithstanding any other provisions of law, the Council may authorize a disposition of property without requiring bids and without the need to adopt a resolution of intention when it finds that the disposition is in the best interests of the City and states the reasons therefor and when the sale is for the development of low or moderate income housing. Disposition may be on such terms and conditions as the Council deems appropriate and may include a requirement that the property be used for low or moderate income housing, in whole or in part, for a specific period of time. Disposition to the San Mateo Redevelopment Agency may be accomplished pursuant to this section.