HomeMy WebLinkAboutResolution No. 5734RESOLUTION N0. 5734
A RESOLUTION OF THE CITY OF SAN RAFAEL
ESTABLISHING A POLICY FOR THE SALE OF
SURPLUS LAND AND GRANT OF EASEMENT OR
OTHER PROPERTY RIGHTS
WHEREAS, public interest, convenience and necessity from time to time
require the City to sell parcels of land which have become surplus to the City's
needs or to grant easements and the like on City property; and
WHEREAS, the City Charter does not limit nor provide for the disposition
of City property in any special manner other than by ordinance as specified in
Article VII, Section 7;
WHEREAS, it is desirable that the City have a standard policy for the
sale or other disposition of land so that such sales may be held in a routine manner
as the occasion arises;
NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael adopts the
following policy for sale or other disposition of land:
1. The City Council will review proposals from the City Manager to dis-
pose of surplus City property or grant easements or other rights thereto.
2. If the Council believes there is merit in pursuing the proposed dis-
position of the property, it will refer the proposal to the Planning Commission for
its review and recommendation, and for its determination as to conformity to the
General Plan.
3. All surplus property shall be appraised either by staff or by
outside fee appraiser before it is offered for sale or other disposition.
4. The Council, on receiving the Planning Commission report and recom-
mendation and the appraisal of the property, shall decide whether or not to dispose
of the property.
5. Before offering surplus City property for sale, City staff shall
comply with the provisions of the Government Code Section 54222, as it may be
amended.
6. Land which is readily marketable and unrestricted in its sales poten-
tial shall be sold to the highest bidder at public auction or by sealed bid,
provided that the highest bid equals or exceeds a minimum unpublished price estab-
lished by the City Council prior to the bid opening. Notice of sale shall be
advertised at least once, ten days prior to the bid opening. After sealed bids are
opened, oral bids will be permitted from those persons who submitted sealed bids
or any other person who can qualify as herein provided. Any oral bid must be ten
J
percent higher than the highest sealed bid. A certified check or cashier's check
in the amount of ten percent of the bid must accompany any bid submitted. If the
person whose bid is accepted fails to pay the total bid price within thirty days
from the date of acceptance of the bid, the bidder's deposit shall be forfeited as
agreed liquidated damages and the property may be offered for sale to the next
highest bidder. The Council shall be notified of the bids received, or of the fact
that there have been no bids received, if applicable.
7. If no bids were received, or no bids are deemed acceptable (the City
reserving the right to reject any and all bids), then the City Manager or his
designee may proceed with negotiated sale at no less than ninety percent (90%) of
the appraised value, either by private effort or, with approval of the City Attorney,
through listing with a real estate broker for inclusion in the multiple listing
service system. A listing may include payment of commission not to exceed six
percent (6%).
8. Land which is not readily marketable because of odd shape, which is
unsuitable for development by itself, lacks the area to meet the minimum space
requirements for building in its particular zone, is landlocked, or which is other-
wise substantially lacking in its sale potential, may be sold by taking offers or
by negotiation provided that the price compares reasonably with the appraisal. The
grant of easements and the like shall be presented to the Planning Commission for
its evaluation and recommendation to the City Council. The recommendation and fair
market appraisal of the value of the easement or similar property interest shall be
presented to the City Council for its decision, along with a resolution authorizing
execution of a grant deed of easement for the Council's consideration.
9. Where a member of the public initiates a request to purchase City
property or secure rights thereto, said applicant shall deposit a fifty dollar ($50.00)
processing fee payable in addition to the purchase price and refundable only if the
property is sold to a higher bidder.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, do hereby
certify that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of said City held on Monday the
sixth day of August , 1979, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ANNE M. LEONCINI, Vylerk