Agenda Item AGENDA STAFF REPORT ASR
Control 23-000989 |
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MEETING
DATE: |
01/23/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
County
Executive Office (Approved) |
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Department contact person(s): |
Thomas
A. Miller (714) 834-6019 |
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Daniel
Leung (714) 834-3702 |
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Subject: Renewed Delegated Authority for
Donated Space Agreements
ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 4/13/2021 #43; 12/10/2002 #60 |
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RECOMMENDED
ACTION(S):
1. |
Adopt the attached Resolution delegating
the Chief Real Estate Officer or designee the authority to execute donated
space agreements, in substantially the form attached, that allow for County
use of non-County real property on a rent-free basis. |
SUMMARY:
Adoption
of the attached Resolution authorizes the Chief Real Estate Officer or designee
to execute donated space agreements for County use of non-County property,
which will assist in reducing administrative costs and processing time when
completing minor real estate transactions.
BACKGROUND
INFORMATION:
On
December 10, 2002, the Board of Supervisors (Board) delegated the authority to
execute donated space agreements (DSA) that are substantially in the County’s
standard form, pursuant to Government Code Section 25355. DSAs are property
arrangements whereby County agencies are allowed to occupy and provide certain
services on property owned by another entity without the payment of rent. DSAs are used by various County agencies to
provide services such as: public health testing, vaccinations, therapeutic care
for children, elder care services, nutritional counseling, welfare to work
programs and children and facility services.
On April 13, 2021, the Board approved an updated resolution and the delegation
of the authority to the Chief Real Estate Officer or designee to execute such
form, consistent with Government Code Section 25355, which permits the Board to
delegate the authority to accept “any gift, bequest, or devise made to or in
favor of the county.”
CEO
Real Estate is now seeking renewal of the previously granted delegated
authority along with a revised form DSA, which will allow the Chief Real Estate
Officer or designee to make minor modifications to the DSA including, but not
limited to, modifications that do not increase the County’s liability, which
includes County’s indemnification of the property donor (Donor) up to
$2,000,000 provided that (a) any revisions to the DSA receives prior approval
from County Counsel, and that (b) the Donor provides insurance coverage
consistent with County insurance requirements.
Use of
delegated authority continues to substantially reduce administrative processing
time, thereby allowing the County of Orange to provide enhanced customer
service when processing minor real estate transactions. All aforementioned
transactions executed under this authority will be reported to your Board
annually, but in the event there are any in excess of $10,000 in value, those
will be reported quarterly consistent with Government Code Section 25355.
Compliance with CEQA: The subject
activity is not a project as defined by CEQA pursuant to Section 15378 of the
CEQA Guidelines.
FINANCIAL
IMPACT:
N/A
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Resolution and Donated Space Agreement
Attachment B - Government Code Section 25355