Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000987

 

MEETING DATE:

12/07/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Thomas Miller (714) 834-6019 

 

 

Thomas Mason (714) 834-7425

 

 

Subject:  Report of Minor Real Property Interests Obtained Under Delegated Authority

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 4/13/2021 #43, 5/19/2020 #68, 5/5/2020 #3, 3/26/2020 #1

 

RECOMMENDED ACTION(S):

 

Receive and file Report of Minor Real Property Interests obtained under Delegated Authority for the reporting period of July 1, 2020, through June 30, 2021.

 

 

 

 

SUMMARY:

 

This annual Report of Minor Real Property Interests obtained under Delegated Authority details how authority delegated by the Board of Supervisors was used to facilitate smaller real estate transactions for efficiency in government. 

 

 

 

BACKGROUND INFORMATION:

 

The Board of Supervisors (Board) delegated authority to execute specific types of real estate agreements to the Chief Real Estate Officer. These delegations are limited in scope and substantially reduce administrative processing time, thereby allowing the County of Orange (County) and Orange County Flood Control District (OCFCD) to provide enhanced customer service when processing minor real estate transactions.

 

A report on specific delegations of authority is required annually to keep the Board informed as to the number and types of real property interests that have been executed under delegated authority. During the reporting period of July 1, 2020, through June 30, 2021, there were a total of 140 minor real estate transactions completed. 

 

Attachment A summarizes the details of the executed agreements including the dates, agency/department benefiting, type of property rights approved, size of property, purchase price and values, where applicable. The delegations of authority that are the subject of this report are documented in Attachments B through H. The report and delegations are summarized below.

 

On January 8, 2019, your Board adopted Resolution No. 19-002 renewing the delegated authority to execute revenue-generating leases and licenses on County real property. Government Code Section 25537 allows the Board to authorize County officers to execute leases and licenses of County property that do not exceed a 10-year term and do not exceed a monthly rent of $15,000, without complying with the bid procedures specified in Government Code Sections 25526 through 25535.

 

During the reporting period of July 1, 2020, through June 30, 2021, there were a total of 45 documents executed under this delegated authority. (See Attachment A)

 

On March 10, 2020, your Board adopted Resolution No. 20-016, authorizing the Chief Real Estate officer or designee to lease or license real property for use by the County or the OCFCD for a term not to exceed five years and for a rental rate not to exceed $10,000 per month.

 

During the reporting period of July 1, 2020, through June 30, 2021, there were a total of 36 documents executed under this authority. (See Attachment A)

 

On May 19, 2020, your Board adopted Ordinance No. 20-004, delegating authority to the Chief Real Estate Officer, or designee, to approve and accept for the County acquisitions of minor interests in real property not exceeding $250,000 in value, including indemnification when necessary. 

 

During the reporting period of July 1, 2020, through June 30, 2021, there were a total of 7 documents approved under this delegated authority. (See Attachment A)

 

On May 5, 2020, your Board, acting as the board of the OCFCD, adopted Resolution No. 20-040, delegating authority to the Chief Real Estate Officer or designee to approve and accept, for the OCFCD, acquisitions of real property interests not exceeding $250,000 in value, including indemnification when necessary.

 

During the reporting period of July 1, 2020, through June 30, 2021, there were 19 documents executed under this delegated authority.

 

On October 5, 1993, the Board adopted Ordinance No. 3898, delegating authority to grant easements if the value does not exceed $25,000 and the easements are granted to a city, county, state, utility company or other public agency with County Counsel approval, in accordance with Government Code Section 25526.6.

 

During the reporting period of July 1, 2020, through June 30, 2021, there were no documents executed under this delegated authority. (See Attachment A)

 

On April 13, 2021, your Board adopted Resolution No. 21-031, authorizing the Chief Real Estate Officer or designee to accept and execute donated space agreements for County use of non-County office space on a rent free basis, when certain criteria are met.

 

During the reporting period of April 13, 2021, through June 30, 2021, there were five documents executed under this delegated authority.

 

On March 26, 2020, your Board adopted Resolution No. 20-025, authorizing the Chief Real Estate Officer or designee, during the current declared COVID-19 Emergency, to execute amendments, tolling agreements or take other action necessary to delay critical impending agreements deadlines or requirements, and abate rent or rental fee requirements.

 

During the period of July 1, 2020, through June 30, 2021, there were 28 documents executed under this delegated authority. 

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

STAFFING IMPACT:

 

N/A

 

 

ATTACHMENT(S):

 

Attachment A- Report on Uses of Delegated Authority
Attachment B- Resolution No. 19-002
Attachment C- Resolution No. 20-016, Government Codes 25537, 25526 thru 25535
Attachment D- Ordinance No. 20-004
Attachment E- Resolution No. 20-040
Attachment F- Ordinance No. 3898
Attachment G - Resolution No. 21-031
Attachment H - Resolution No. 20-025