HomeMy WebLinkAboutMINUTES - 12092014 - C.05RECOMMENDATION(S):
INTRODUCE Ordinance No. 2014-18, authorizing the Public Works Director to (i) acquire real property if the
purchase price does not exceed $100,000, (ii) lease or license real property for use by the County if the term does not
exceed five years and the monthly cost does not exceed $7,500, and (iii) amend real property leases and licenses
under certain circumstances; WAIVE reading and FIX December 16, 2014 for adoption, Countywide.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On March 15, 1994, the Board of Supervisors, pursuant to Government Code section 25350.60, adopted Ordinance
Number 94-25, which added Section 1108-8.002 to the Contra Costa County (County) Ordinance Code. When
adopted in 1994, Section 1108-8.002 authorized the Public Works Director to acquire for the County any interest in
real property, provided the purchase price did not exceed twenty-five thousand dollars ($25,000).
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/09/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Kaaren Laws (925)
313-2228
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 9, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 9, 2014
Contra
Costa
County
Subject:INTRODUCE Ordinance No. 2014-18, FIX December 16, 2014 for adoption, Countywide.
BACKGROUND: (CONT'D)
In 2003, Government Code Section 25350.60 was amended to authorize the board of supervisors of a county to
authorize, by ordinance, a county officer to perform any and all acts necessary to approve and accept for the
county the acquisition of any interest in real property, provided the authorization specifies procedures for the
exercise of the authority and establishes a dollar limit on any purchase price. Government Code Section
25350.60(c) specifies that the authority granted by ordinance under Government Code Section 25350.60 may not
be effective for more than five years.
On December 8, 2009, the Board of Supervisors adopted Ordinance No. 2009-35, which amended Ordinance
Code Section 1108-8.002 to authorize the Public Works Director, or designee, to acquire any interest in real
property if the purchase price does not exceed fifty thousand dollars ($50,000). The ordinance requires funding of
any purchase to be appropriated and available and requires the Public Works Director to report semi-annually to
the Board of Supervisors on all purchases done under the ordinance. Pursuant to Government Code section
25350.60(c), the ordinance expires January 1, 2015, unless renewed by the Board.
The attached Ordinance No. 2014-18 amends section 1108-8.002 of the Ordinance Code to authorize the Public
Works Director, or designee, to acquire any interest in real property if the purchase price does not exceed one
hundred thousand dollars ($100,000). The amendment of Ordinance Code section 1108-8.002 is authorized by
Government Code section 25350.60. In accordance with Government Code section 25350.60, Ordinance Code
section 1108-8.002 will expire January 1, 2020, unless renewed by the Board.
The attached Ordinance No. 2014-18 also adds Chapter 1108-10 to the Ordinance Code to authorize the Public
Works Director to (1) lease or license real property for use by the County if the term does not exceed five years
and the rent does not exceed $7,500 per month, and (2) amend real property leases and licenses under certain
circumstances. The addition of Ordinance Code chapter 1108-10 is authorized by Government Code section
25350.51.
Ordinance Code chapter 1108-10 also requires the Public Works Director to report semi-annually to the Board of
Supervisors on actions taken under that chapter.
CONSEQUENCE OF NEGATIVE ACTION:
Ordinance Code section 1108-8.002 will expire and Ordinance Code chapter 1108-10 will not become effective.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Ordinance No. 2014-18