§ 2.42.050. Process for selling City real property.

A.

Competitive Process. No real property shall be sold by the City except after calling for oral or written competitive bids or offers, unless the competitive process has been waived as provided for below. Each solicitation for written competitive bids or offersshall contain the following:

1.

The time and place bids or offers are to be received.

2.

The minimum acceptable bid or offers on each parcel.

3.

A description of each parcel.

4.

The amount and type of deposit required of the successful bidder or offeror. Said deposit shall be retained by the City if the successful bidder or offeror fails or refuses to complete the transaction.

5.

When the balance of the bid or offer price must be paid.

Oral competitive bids or offers may be received through a public auction process or other competitive process.

Notice of the proposed sale and competitive process shall be published in the official newspaper of the City or posted on the City's website. Bids or offers shall be received in public at the time and place specified in the notice calling for bids or offers. The sale, if accepted by the City Council, shall be awarded to the highest bidder or offeror meeting the conditions specified in the notice calling for the sale of the property. The City Council shall have the right to accept or reject any and all bids or offers. If the highest bidder or offeror fails or refuses to complete the transaction, the property may subsequently be sold through negotiation to the next highest bidder or offeror willing to meet the same minimum advertised terms and conditions.

If no bids or offers are received after advertising the property as required by this chapter, the real property may subsequently be sold through negotiation, subject to the approval of the City Council if required.

B.

Waiver of Competitive Process. Notwithstanding the above, the requirement to undertake a competitive process and to post notice of the proposed sale shall not apply to any of the following circumstances:

1.

The real property is to be sold to another public agency or entity which has the power of eminent domain;

2.

The real property is undeveloped and less than five thousand (5,000) square feet in land area;

3.

The real property has a fair market value of one hundred thousand ($100,000.00) or less;

4.

The City Council has made a finding and determination that calling for bids or offers on a competitive basis is impractical, unavailing or impossible; or

5.

The City Council has made a finding and determination that it is in the best interests of the City to sell the real property by negotiated sale.

C.

Approval by Ordinance. Per Section 219(6) of the Charter, all sales of real property by the City must be authorized by an ordinance enacted by the City Council, except as provided below.

D.

Administrative Authority. Notwithstanding the above, the City Administrator or his or her designee is delegated the full and complete authority to sell City real property in any of the following circumstances:

1.

The sale is required by an agency of the state or federal government;

2.

The real property has a fair market value of $50,000.00 or less; or

3.

The real property was formerly owned by the Redevelopment Agency of the City of Oakland (the "Redevelopment Agency") or the Oakland Redevelopment Successor Agency ("ORSA"), and the Redevelopment Agency or ORSA governing body delegated the authority to sell the real property to the administrative staff of the respective agency by resolution.

The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the sale of such real property and take other actions necessary to complete such sale. No further City Council action is required for such sales.

(Ord. No. 13287, § 3, 1-6-2015)