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HomeMy WebLinkAboutMINUTES - 09101996 - SD3 Y., .:�. �� Std•3 TO: BOARD OF SUPERVISORS Contra FROM: SUPERVISOR JIM ROGERS ; '_ ';= Costa County DATE: September 4, 1996w u_ri `Ty SrA ORDINANCE TO DELEGATE ADDITIONAL AUTHORITY TO THE SUBJECT: DIRECTOR OF GENERAL SERVICES AND PUBLIC WORKS DIRECTOR TO EXECUTE LEASE DOCUMENTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE the attached ordinance, WAIVE reading, and FIX September 17, 1996 as the date to consider adoption of the ordinance. BACKGROUND: Over the past several months, I have made several requests that specific types of routine items which now appear on our agenda be reviewed to determine whether they could be delegated to staff so the Board of Supervisors would not have to deal with these routine, often ministerial items, and could instead focus its attention on the policy issues which are the responsibility of the Board of Supervisors. One of these is the ability of the Board of Supervisors to delegate the authority to sign certain lease documents to specified County staff. The attached ordinance accomplishes this additional delegation. Specifically, the ordinance does the following: 1. Adds a requirement for mailed or delivered notice to any person who has filed a written request for notice at least 15 days prior to accepting offers to lease real property. 2. Specifies in more detail what information must be provided in the notice. CONTINUED ON ATTACHMENT: YES SIGNATURE: 1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURESOn ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER X IT IS BY THE BOARD ORDERED that the proposed Ordinance is REFERRED to the Internal Operations Committee for review and report to the Board . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: T ITT V & II NOES: IV AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September 10 , 1996 Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Counsel SUPERVISORS AND OUNTY ADMINISTRATOR - Director of General Services Public Works Director BY DEPUTY i 3. Increases from five years and a maximum monthly rent of $1,000 to the statutory maximum of ten years and $5,000 the duration and rent of leases excluded from the bidding procedure, pursuant to Government Code Section 25537. 4. Delegates to the Director of General Services and the Public Works Director or their designated deputies the authority to execute leases which are excluded from the bidding procedure. 5. Delegates to the Director of General Services and the Public Works Director the authority to lease real property for use by the County when the term of the lease does not exceed three years and when the rental rate does not exceed $2,500 per month, pursuant to Government Code Section 25350.51. 6. Delegates to the Director of General Services and the Public Works Director the authority to amend real property leases for improvements or alterations, or both, with a total cost not to exceed $2,500 provided the amendment does not extend the term of the lease and that no more than two amendments, not to exceed $2,500 each, are made within a 12-month period, pursuant to Government Code Section 25350.51. I believe strongly that as long as the Board has statutory authority to delegate this authority to staff and as long as there are no policy issues involved in which the Board should be involved that the Board should take advantage of the ability to eliminate some of these less consequential items from our agenda. -In addition to the ordinance and background memorandum from Deputy County Counsel Sharon Anderson, I have attached copies of Government Code Sections 25537 and 25350.51 for the Board's information. -2- 1 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: August 30, 1996 To: Phil Batchelor, County Administrator Attn Claude L. Van Marter, Assistant County Administrator From: Victor J. Westman, County Cous By: Sharon L. Anderson, Deputy ounty Counsel Re: DELEGATION OF CERTAIN LEASING AUTHORITY TO STAFF Pursuant to Supervisor Roger's request, as indicated in your memorandum of August 23, 1996, we are enclosing an ordinance prepared for the following purposes: (a) to amend Chapter 1108-6 of the County Ordinance Code (by amending Sections 1108-6.004 and 1108-6.012) to modify notice procedures, to increase the duration and rent of leases excluded from the bidding procedure, and to delegate to the Director of General Services and the Public Works Director the authority to execute leases excluded from the bidding procedure; and (b) to add Chapter 11.08-7 to the County Ordinance Code to delegate to the Director of General Services and the Public Works Director the authority to lease real property for use by the County and to amend leases pursuant to Government Code section 25350.51. Your memorandum refers to other requests made by Supervisor Rogers concerning the delegation of authority to staff. The only other delegation request currently pending in this office is the one mentioned in DeRoyce Bell's memorandum of July 29, 1996, asking whether the Board can delegate to staff the ability to enter into indemnification agreements. That matter is being examined by Mary Ann Mason of this office. Other than that request, this office has not been asked to investigate any other issues regarding the delegation of authority at this time. Please call if you have any questions or concerns. SLA:la CC. Supervisor Jim Rogers DeRoyce Bell, Deputy County Administrator - Capital Projects Barton J. Gilbert, Director of General Services J. Michael Walford, Public Works Director sla24\a:\delegate.mem ORDINANCE NO. 96- (Alternative Leasing Procedures - Delegation of Authority) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance: (a) amends Chapter 1108-6 of the County Ordinance Code (by amending Sections 1108-6.004 and 1108-6.012) to modify notice procedures, to increase the duration and rent of leases excluded from the bidding procedure, and to delegate to the director of general services and the public works director the authority to execute leases excluded from the bidding procedure; and (b) adds Chapter 1108-7 to the County Ordinance Code to delegate to the director of general services and public works director the authority to enter into certain leases of real property for use by the county and to amend certain leases subject to the limitations contained in Government Code section 25350.51. SECTION II. Section 1108-6.004 of the County Ordinance Code is amended to read as follows: 1108-6.004 Notice. (a) Notice for the resolution and meeting shall be given by posting certified copies of the resolutions in at least three public places in the county for at least fifteen days before the meeting's date and by publishing notice of the call for bids for at least two weeks in a newspaper of general circulation published in the county. (b) Notice shall also be mailed or delivered at least fifteen days prior to accepting offers to lease pursuant to this section to any person who has filed a written request for notice with either the clerk of the board or with any other person designated by the board to receive these requests. (c) The notice required by this section shall describe the property proposed to be leased, the term of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed and any county officer authorized to execute the lease. (Ords. 96- , 69-80 §1 (part) 1969, see Govt C. §25537.) SECTION III. Section 1108-6.012 of the County Ordinance Code is amended to read as follows: 1108-6.012. Exclusion from Bidding Procedure; Delegation of Authority to Execute Leases Excluded from Bidding Procedure. (a) Any proposed lease of not more than ten years, nonrenewable duration, and having an actual monthly 1 sD.3 rental not exceeding five thousand dollars ($5,000) is excluded from the bidding procedure required by this Chapter except that notice shall be given pursuant to Government Code section 6061, posted in the office of the county clerk, and if the lease involves residential property, notice shall be given to the housing sponsors as defined by Sections 50074 and 50074.5 of the Health and Safety Code. (b) The notice required by this section shall describe the property proposed to be leased, the term of the lease, the location where offers to lease the property will be accepted, the location where leases will be executed and any county officer authorized to execute the lease. (c) The board of supervisors delegates to the director of general services and the public works director, or their respective designated deputies, the authority to execute leases excluded from the bidding procedure pursuant to this section and to deliver said leases upon lessee's performance of and compliance with all the terms or conditions of his contract to be performed concurrently therewith. (Ords. 96- , 83-35, 69- 80, see Govt C. §25537.) SECTION IV. Chapter 1108-7 is added to the County Ordinance Code to read: Chapter 1108-8 LEASE OF PROPERTY FOR USE BY COUNTY DELEGATION OF AUTHORITY Sections: 1108-7.002. Delegation of Authority to Director of General Services Director and Director of Public Works. 1108-7.004 Notice 1108-7.006 Rules and Regulations 1108-7.002. Delegation of Authority to Director of General Services and Public Works Director. The board of supervisors delegates to the director of general services and the public works director the following authority: (a) To lease real property for use by the county for a term not to exceed three years and for a rental not to exceed two thousand five hundred dollars ($2,500) per month. (b) To amend real property leases for improvements or alterations, or both, with a total cost not to exceed two thousand five hundred dollars ($2,500) provided that the amendment does not extend the term of the lease and that 2 no more that two amendments, not to exceed two thousand five hundred dollars ($2,500) each, are made within a twelve-month period. (Ord. 96- see Govt. Code §25350.51.) 1108-7.004. Notice. Notice of intention to consummate any lease to be entered into pursuant to the authority contained in this Chapter shall be posted in a public place for five working days prior to consummation of the lease. (Ord. 96- , see Govt. Code §25350.51.) 1108-7.006. Rules and Regulations. The delegation of authority contained in this chapter shall be subject to such rules or regulations as the board of supervisors may impose from time to time by resolution or board order. (Ord. 96- , see Govt. Code §25350.51.) SECTION 5. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. PASSED on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Board Chair [SEAL] SLA:Ia August 30, 1996 slaMa:11ease.ord 3 § 25536.1 GOVERNMENT CODE COVER- (3) If the county-owned property to be sold is located within an incorporated city, the board shall (c) Any provide 20 days' notice of the sale to the city clerk or manager of that city. The duty to notify may be delegated by the board. Failure to notify pursuant to this subdivision shall not invalidate the transaction. (d) Th( appropria (4) This section shall not apply to any county-owned properties dev6ted and originally acquired for (e) Thi ultimate use for beaches, parks, federally registered historical preservation properties, or open space not designated as landfills. a later ei dates on (b) This section shall remain in effect only until December 31, 1997, and as of that date is repealed, pursuant , i unless a later enacted statute, that is enacted before December 31, 1997, deletes or extends that date. effect. (Added by Stats.1995-96, 2nd Ex.Sess., c. 3 (S.B.9), § 1, eff. May 15, 1995.) (Added I Repeal � I 1 _ This section is repealed by its oum terms on Dec. 31, 1997. T § 25537. Alternative procedure for leasing county realty app. (a) .In any county the board of supervisors may prescribe by ordinance a procedure alternative to that § 25538. required by Sections 25526 to 25535, inclusive, for the leasing of any real property belonging to, or leased (a) In .the county. Any alternative procedure so prescribed shall require that the board of supervisors demo j either accept the highest proposal for the proposed lease submitted in response to a call for bids posted in ordinank ( at least three public places for not less than 15 days and published for not less than two weeks in a ordinam ` newspaper of general circulation, if the newspaper is published in the county, or reject all bids. value o (b) Leases of a duration not exceeding 10 years and having an estimated monthly rental of not (b) A exceeding five thousand dollars ($5,000) may be excluded from the bidding procedure specified in publish I' I subdivision (a), except that notice shall be given pursuant to Section 6061, posted in the office of the resolut, county clerk, and if the Iease involves residential property, notice shall be given to the housing sponsors, minima as defined by Sections 50074 and 50074.5 of the Health and Safety Code. The notice shall describe the not les: property proposed to be leased, the terms of the lease, the location where offers to lease the property will to purc {{3,. be accepted, the location where leases will be executed, and any county officer authorized to execute the and or t� lease. If a lease is excluded from the bidding procedure the actual monthly rental in the executed lease propos shall not exceed five thousand dollars ($5,000), the term of the executed lease shall not exceed 10 years, publici and the lease is not renewable. The board of supervisors may,by resolution, authorize the county officer 11 or officers as are deemed appropriate, to execute leases pursuant to this section. (c) N accept ': t (c) Notice pursuant to this section shall also be mailed or delivered at least 15 days prior to accepting he or offers to lease pursuant to this section to any person who has filed a written request-for notice with either —' No or the clerk of the board or with.any other person designated by the board to receive these requests. The the hi county may charge a fee which is reasonably related to the costs of providing this service and the county may require each request to be annually renewed. The notice shall describe the property proposed to be leased, the terms of the lease, the location where offers to lease the property will be accepted, the location made where leases will be executed, and any county officer authorized to execute the lease. year (Amended by Stats.1989;.c..51, § 1; Stats.1993, c. 465 (A.B.523)) § 1.) by th by tl § 25537.1. Commercial and industrial buildings; term and rent;. notice; sublease occur of tb (a) Notwithsta\ding Sections 25526, 25535, and 25537, c mercial and industrial buildings owned by, o tai �. or leased to, the county may be leased for a term no exceeding 10 years and having an estimated monthly rental of not'Nexceeding ten thousand dollars 10,000). Leases executed under this section may (Am( provide that subsequenNo execution of a lease, an al increases in monthly rent that result in a monthly + d 000) are p itted if those increases are proportional to changes in § 25 (f, rent above ten thousand ars ($10, the Consumer. Price Index a ublished by e United States Department of Labor, Bureau of Labor Statistics. 1' (b)(1) Notice shall be mailed or dell ed at least 15 days prior to accepting offers to lease pursuant to Ir �. utl this section to any person who has ed a Men request for notice with either the clerk of the board or aero with.any other person designate y the boar receive these requests. The county may charge a fee p of t I" which is reasonably related to e costs of providin is service and the county may require each request to be annually renewed. T notice shall describe the operty proposed to be leased, the terms of the that J lease, the location where fers to lease the property will ccepted, the location where leases will be ++! executed, and any cou y officer authorized to execute the lease. (An f, (2) Before any oposed lease may be entered into pursuant to this section, notice shall be given 2 pursuant to Sec 'on 6061.3: The notice shall describe the property proposed to'be leased, the terms of §. j the lease,the location where offers to lease the property will be accepted, the location where leases will t!i be executed, and any county officer authorized to execute the lease. de,, y1 �L r § 25339 GOVERNMENT CODE GO Repealed Section Section (� cates of participation or lease reve- 25350.10. Taxes collected by state board of equal- to r. nue bonds; guarantee of payments ization; amounts derived from taxes sha: under financing agreement. imposed by Orange County other holc 25350.8. Taxes collected by state board of equal- than portion specified in Government ization; portion derived from taxes Code § 29530.5; pledge to certifi- fail, imposed by Orange County and spec- sates of participation or lease reve- Col state covenant. ified in Government Code § 29530.5; nue bonds; pui pledge to certificates of participation 25350.11. Amounts pledged; restriction. the or lease revenue bonds; state cove- 25351. Construction, expansion, repair, or at nant. lease of buildings; notice. Ta: 25355. Acceptance of gifts, bequests or devis- all( 25350.9. Agreement to finance lease or lease- es; disposal. purchase of property through certifi- 25373. Acquisitions by board of supervisors, ! cates of participation or lease reve- historical landmarks; recreational } arc nue bonds; guarantee of payments land and facilities; places and objects Th under financing agreement. with special aesthetic value. th(, in, m" § 25350.1. Application of chapter with other laws (a) Nothing in this chapter limits, restricts, or prohibits a county from complying with Article 8 d (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and Section 65402. tr (b) This section does not constitute a change in, but is declaratory of, existing law. al (Added by Stats.1995, c. 482 (A.B.1545), § 1.) ltr e I le ! § 25350.51. ease of real property for use by county; delegation of authority; ordinance or °I resolution ct C The board may, by ordinance or resolution, delegate to the purchasing agent or other appropriate county official, subject to any rules and regulations as it may impose, * * * the following authority: c * * * (a) To lease real property for use by the county for a term not to exceed three years and for a IS rental not to exceed two thousand five hundred dollars ($2,500) per month. r. (b) To amend real property leases for improvements or alterations, or both, with a total cost not to a ii exceed two thousand five hundred dollars ($2,500)provided that the amendment does not extend the term of the.lease and that no more than two amendments, not to exceed two thousand five hundred dollars I .($2,500) each, are made within a 12-month period. Notice of intention to consummate * * * the lease shall be posted in a public place for five working days prior to consummation of the lease. (Amended by Stats.1990, c. 254 (A.B.2897), § .1.) Historical and Statutory. Notes 1990 Legislation $2,500; inserted subd. (b)relating to amending real prop- The 1990 amendment increased the maximum rental erty leases; and made nonsubstantive changes through- amount for property used by the county from $1,000 to out. Law Review Commentaries ! i Review of selected 1990 California legislation., 22 Pac. L.J. 698 (1991). ! 1 § 25350.55. Guarantee of payments under financing agreements to lease or lease-purchase proper-- ty (a) Prior to entering into an agreement to finance the lease or lease-purchase of property through the execution and delivery or issuance, as the case may be, of certificates of participation or lease revenue f� bonds, the board may elect, by resolution, to guarantee payment under that financing agreement in !!; accordance with the following: t (1) A county that elects to participate under this section shall provide notice to the Controller of that r election; which * * shall include a schedule for the payments to be made by the county under that j financing agreement, and identify a trustee appointed by the county for the purposes of this section.