RES-9075 Regulations Administering City Agreements Involving Land UseRESOLUTION NO. 9075
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING REGULA-
TIONS TO FACILITATE THE ADMINISTERING
OF CITY AGREEMENTS INVOLVING LAND USE.
WHEREAS, Chapter 3.08 of the Orange Municipal Code provides a comprehensive
system for centralized purchasing in equipment, supplies and services; and
WHEREAS, there are instances when the City wishes to enter into agreements
conceming the use of land, which agreements are not covered by any existing City Municipal
Code or regulation; and
WHEREAS, Section 3.08.1S0 of the Orange Municipal Code authorizes the City Council
by Resolution to prescribe procedures, rules and regulations governing the solicitation, selection
and award of proposals or bids for the fumishing of personal services or professional or
consulting services or for other contractual services, the contracts for which may be awarded
without observing the formal bidding procedures provided for in Chapter 3.08; and
WHEREAS, the City Attorney's office has prepared regulations incorporating a
procedure for the administering of City contracts involving land use. This procedure is
contained in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
adopts the policy and procedures contained in Exhibit "A" as adopted and authorized by
Chapter 3.08 et seq. ofthe Orange Municipal Code.
ADOPTED this 9th day of February
ATTEST:
L~~~(!o-~
City Clerk oft ity of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the ~ day of F"hrllnry ,
1999, by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE/?
71f /J .
4::17
City Clerk of the Cit Orange
Reso No. 9075 MEB:dg
ADMINISTRATION
1.45
DIVISION
Contracts/Agreements
SUBJECT
Land Use Agreement Procedures
I. SCOPE ALL DEPARTMENTIDIVISIONS
II. PURPOSE The purpose of this procedure is to establish the
policy concerning the approval and
administration of land use agreements.
III. POLICY This policy establishes the procedure for
approvmg and administering land use
agreements, including licenses, joint. use
agreements, easements, leases, certain
franchises and sales of real property. This policy
does not cover encroachment permits. This
policy is designed to protect and ensure that the
City will obtain competitive prices for the
use/sale ofland.
This policy is divided into three categories:
1. Land use agreements with a value under
2,000 per fiscal year.
2. Land use agreements with a value from
2,000 up to $30,000 per fiscal year.
3. Land use agreements with a value over
30,000 per fiscal year.
ADMINISTRATION
1.45
IV. PROCEDURES General Issues Applying to all Categories of
Land Use Agreements.
1. Use a pre-approved form agreement
provided by the City Attorney's Office. Otherwise,
please consult City Attorney staff to assist you
in preparing the draft
agreement.2. Before having the other contracting
party execute the agreement, prior approval must
be secured from the City Attorney. After
execution by the other party, the City Attorney
will approve the agreement as to form, regardless
of the amount of the
agreement.3. The original copy of the agreement,
regardless of amount, is to be filed with the City
Clerk.4. Agreements requiring execution by any
City official other than the Department Head,
shall be processed by the City Clerk's
office.5. The Finance Department shall process
all payments under the appropriate time frames
set forth in the agreement. The
Finance Department shall verify that funds are
available under the appropriate expenditure account,
and that the payment does not exceed the
aggregate amount authorized under the agreement, or,
if an open-ended amount, that the
payment does not exceed the maximum
amount authorized under the category that was used to
select and approve
the agreement.6. The estimated yearly value of a
land use agreement shall be determined on the
basis of cash payments to be made under
the agreement,or, if no cash payments are to be made,
then on the basis of an appraisal or the
best
ADMINISTRATION
1.45
estimate of the responsible department.
Uneconomic remnants may be assigned a zero
value.
Land Use Agreements With a Value Under
2,000 Per Fiscal Year
Agreements in which the estimated total value
for a fiscal year is under $2,000 may be approved
and executed by the director of the department
primarily responsible for administering the
agreement.
Land Use Agreements With a Value frorn
2,000 up to $30,000 Per Fiscal Year
Agreements in which the estimated total value
for a fiscal year is from $2,000 up to $30,000 per
fiscal year are to be approved and executed by
the City Manager. The director of the
department responsible for administering the
agreement shall be required to submit an
agreement transmittal form which shall provide
an explanation of the purpose of the agreement,
the specifications, conditions, or other
requirements included in the agreement and
shall include the appropriate funds account
numbers and total expenditure.
Land Use Agreements With a Value Over
30,000 Per Fiscal Year
Agreements in which the estimated total value
for a fiscal year is over $30,000 shall be approved
by the City Council. Unless waived by the City
Council, a request for proposal shall be a pre-
condition of approval for such agreements.
3
ADMINISTRATION
1.45
Two original agreements, previously approved by
the City Attorney, shall be attached to the
agenda staff report for Council review and
approval.
Sales of Surplus Real Property
Any proposed sale of surplus real property shall
comply with the following procedures in addition
to those specified above:
1. If the property is of sufficient size to be
separately developed under the City's current
zoning code and the property's current zoning,
the City may either solicit bids for the property
or select a real estate agent to market the
property, at the discretion of the City Council.
2. If the property is not of sufficient size to be
separately developed under the City's current
zoning code and the property's current zoning,
the City shall offer the property first to the
adjoining property owner(s) for the estimated
fair market value or other reasonable estimate of
the value of the property. Uneconomic remnants
may be transferred at nominal or no cost.
Leases of Real Property
At the discretion of the person or body with
signature authority over the agreement, leases of
real property owned by the City may be
administered by the City or by a property
management company selected according to the
appropriate procedure for professional services
cor.tracts.
4