HomeMy WebLinkAboutMINUTES - 11051996 - SD6 ri< D
BOARD OF SUPERVISORS IOC-02Contra
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FROM: INTERNAL OPERATIONS COMMITTEEo " s Costa
County
DATE: October 21, 1996
ORDINANCE TO EXEMPT CERTAIN LEASES ON PROPERTY OWNED BY
SUBJECT: THE COUNTY FROM THE BIDDING PROCEDURE PROVIDED FOR IN
STATE LAW AND TO MODIFY THE NOTICE REQUIREMENTS FOR SUCH
SPECIFIC REQUEST ENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. INTRODUCE, WAIVE reading, and FIX November 19, 1996 as the date to
adopt an Ordinance which reflects the noticing requirements of Government
Code Section 25537 and which increases the duration and rent of leases
excluded from the bidding procedure on property owned by the County which
is being leased out, as is provided for in Government Code Section 25537.
2. DIRECT the Clerk of the Board of Supervisors, Public Works Director,
Director of General Services and County Administrator to list as a separate
subdivision on the Consent Calendar any lease of County property to another
party where the lease amount is substantially under market value (such as a
lease of property at $1 a year) so such leases are clearly identified on the
agenda for interested parties.
BACKGROUND:
On September 10, 1996, the Board of Supervisors referred to the Internal Operations
Committee an Ordinance which would do all of the following:
1. Add 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.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SiGNATURE(S): 4&r,.AY1 F i. HnP
ACTION OF BOARD ON November 5 1996 APPROVED AS RECOMMENDED X OTHER
INTRODUCED Ordinance exempting certain leases on property owned
by the County from the bidding procedure as amended by deleting
Section III from the proposed Ordinance pertaining to exclusion
from the bidding procedure; WAIVED reading; and FIXED November
19, 1996, for adoption.
VOTE OF SUPERVISORS
X _ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED November 5 , 1996
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Public Works Director SUPERVISORS AND COUNTY ADMINISTRATOR
Director of General Services
County Counsel —7 ,
BY �'���"f L� DEPUTY
k
S0. 6
IOC-02
ORDINANCE TO EXEMPT CERTAIN LEASES ON PROPERTY OWNED BY THE COUNTY FROM THE
BIDDING PROCEDURE PROVIDED FOR IN STATE LAW AND TO MODIFY THE NOTICE
REQUIREMENTS FOR SUCH LEASES
2. Specify in more detail what information must be provided in the notice.
3. Increase from five years and a maximum monthly rent of $1,000 to the
statutory maximum of 10 years and $5,000 the duration and rent of leases
excluded from the bidding procedure.
4. Delegate to the Director of General Services and the Director of Public Works
or their designated deputies the authority to execute leases which are
excluded from the bidding procedure.
5. Delegate 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. Delegate 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.
We met with staff from the County Counsel's Office, Public Works Department and
the Director of General Services on October 21, 1996 and explored this subject
matter in some detail.
Items #1 and #2 are required by recent revisions to Government Code Section
25537 in order to expand the notice requirements to interested parties.
Item #3 refers to the I lease of County property to another party--not to the lease by
the County of property owned by another party. The County is authorized to avoid
certain bidding procedures on leases of County owned property where the length of
the lease and the monthly rent are under specified levels. The change simply
increases the term of the lease and the monthly rental amount to the limits specified
in State law.
Our Committee is concerned about delegating the approval of leases to staff
because doing so can be seen as depriving the public of important information about
leases into which the County is proposing to enter. In fact, the Director of General
Services indicated to our Committee that he was more comfortable if all of these
leases are listed on the Board's agenda for approval so the Board members as,well
as the general public are fully aware of leases into which the County is entering. As
a result, we are not recommending that we include in the Ordinance items #4, #5,
or#6, as outlined above. Even though we exempt additional leases from the bidding
procedure, all of the leases will appear on the Board's agenda for approval.
The attached Ordinance implements only items #1, #2 and #3 above and we are
recommending its introduction.
-2-
IOC-02
ORDINANCE TO EXEMPT CERTAIN LEASES ON PROPERTY OWNED BY THE COUNTY FROM THE
BIDDING PROCEDURE PROVIDED FOR IN STATE LAW AND TO MODIFY THE NOTICE
REQUIREMENTS FOR SUCH LEASES
We have included the second recommendation because there are certain leases
where, as a matter of sound public policy, the Board of Supervisors agrees to lease
County property to a nonprofit community-based organization at substantially less
than the market value of the property. The County, for instance, leases a home in
Martinez to Friends Outside for$1 a year. Property,in Pittsburg is also leased to the
Pittsburg Preschool Coordinating Council at less than market value. While these
leases are certainly appropriate, we think they should be highlighted on the agenda
so the Board members and the general public are aware that such a lease is being
approved at below market value.
-3-
ORDINANCE NO. 96-
(Alternative Leasing Procedures)
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 and to increase the duration and rent of leases excluded from the bidding
procedure
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
Gov. 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. (a) Any
proposed lease of not more than ten years, nonrenewable
duration, and having an actual monthly 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
1
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. (Ords. 96- 83-35, 69-80, see Gov. C.
§25537.)
SECTION'4. 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
October 21, 1996
slaN\aAease.ord
2
5D.
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: October 21, 1996 CONFIDENTIAL
To: Phil Batchelor, County Administrator
Attn: Claude L. Van Marter,Assistant County Administrator
From: Victor-J. Westman, County Co KA_
By: Sharon L. Anderson, Deputy ty Counsel
Re: AMENDMENT TO ORDINANCE CODE CHAPTER 1108-6 TO INCREASE DURATION
AND RENT OF LEASES EXCLUDED FROM BIDDING PROCEDURE
The attached ordinance was revised in accordance with the October 21, 1996, direction from
the Internal Operations Committee. The changes to the notice requirements of Ordinance Code section
1108-6.004 were made to reflect the notice requirements of Government Code section 25537.
Ordinance Code section 1108-6.012 was modified to increase the duration and rent of leases excluded
from the bidding procedure, as permitted by Government Code section 25537. The modified ordinance
contains no delegation of authority to the Director of General Services or the Public Works Director.
Copies of the authorizing statute and the current ordinance are attached.
Please call if you require anything further from this office.
SLA:la
cc. Barton J. Gilbert,Director of General Services
J. Michael Walford, Public Works Director
CONTRA COSTA COUNTY
..tl
RECEIVED
OCT 21 1996
OFFICE OF
COUNTY ADMINISTRATOR
x .
E..
YD.
1
ORDINANCE NO. 96-
(Alternative Leasing Procedures)
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 and to increase the duration and rent of leases excluded from the bidding
procedure
SECTION H. 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
Gov. 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. (a) Any
proposed lease of not more than ten years, nonrenewable
duration, and having an actual monthly 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
1
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. (Ords. 96 , 83-35, 69-80, see Gov. C.
§25537.)
SECTION 4. 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:la
October 21, 1996
sla24\aNease.ord
2
�I
Y,
§ 25537.. Alternative procedure for leasing county realty
(a) In any county the board of supervisors may prescribe by ordinance a procedure alternative to that
required by Sections 25526 to 25535, inclusive, for the leasing of any real property belonging to,or leased
�L the county. Any alternative procedure,so prescribed shall require, that, the board of supervisors
either accept the highest proposal for the proposed lease submitted in responseto a call for bids posted in
at least three public places for not less than 15 days and published for not less than two weeks in a
newspaper of general circulation, if the newspaper is published in the county, or reject all bids.
(b) Leases of a duration not exceeding 10 years and having an estimated monthly rental of not
exceeding five thousand dollars ($5,000) may be excluded from the bidding procedure specified in
subdivision (a), except that notice shall be given pursuant to 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. 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 where leases will be executed, and any county officer authorized to execute the
as
lease. If a lee is excluded from the bidding procedure the actual monthly rental in the executed lease
shall not exceed five thousand dollars ($5,000), the term of the executed lease shall not exceed 10 years,
and the lease is not renewable. The board of supervisors may, by resolution, authorize the county officer
or officers as are deemed appropriate, to execute leases pursuant to this section.
(e) Notice pursuant to this section shall also be mailed or delivered at least 15 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 an other person designated by the board to receive these requests. The
county may charge a fee which is reasonably related to the costs ofproviding this service and the count
may require each rqquest 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
where leases will be'executed, and any county officer authorized to execute the lease.
(Amended,by Stats-1989, 51, § 1; Stats.1993, c. 465 (A.B.523), § 1.)
n "s.� a J (J• \P
ALTERNATE LEASING PROCEDURE 1108-4.010-1108-6.010 r
.4.010 Disposition of unsold,perishable 1108-6.002 Resolution of intention. (a) Ex
:, ..
' rous property. Any unclaimed property sept as otherwise provided in this chapter, before
'RTY* ch no bids were received at public auction, ordering the lease of any real property belonging to {
ble goods, property which is dangerous in the county,the board of supervisors shall,in a raegu-
and property which is contrary to public poli- lar open meeting by a two-thirds vote of all its
der. the sheriff to retain shall be disposed of in members, adopt a resolution declaring its intention
;e, auctiot net that the sheriff in the public interest may so to lease and calling for bids thereon. !
f.unsold, e,This chapter shall not apply to property (b) The resolution shall:
dangero% to confiscation or special disposition under (1) Describe the property sufficiently to identify i
or federal law. (Ord. 68-15 § 2 (part), 1968: it;
eadly w code§ 2671,5): (2) Specify either the terms of the lease including
f toys and minimum rent, or refer to a proposed,form of lease
08.4,012 Disposal of deadly weapons.Any filed in its clerk's office containing this information;
ed pistol,revolver,or other firearm capable and
pt as o a concealed upon the person,which has been (3) Fix a time(at least three weeks thereafter)for
and p by the sheriff pursuant to Section 1108-4.008, a public meeting of the board at its regular place of
Code be disposed of in the manner that the sheriff meeting, for receipt and consideration of sealed
iter shall public interest may determine. (Ord. 68-15 § proposals for the lease. (Ord. 69-80 § 1 (part),
destruct* ), 196$: prior code § 2671.6). 1969).
2 (part),
08.4.014 Disposition of toys and bicycles. 1108-6.004 Notice. Notice for the resolution
ler. and bicycles in the possession of the sheriff, and meeting shall be given by posting certified
rson A have been unclaimed for a period of at Ieast copies of the resolutions in at least three public
plied wi months,instead of being sold at public auction places in the county for at least fifteen days before
080.1 highest bidder, pursuant to the provisions of the meeting's date and by publishing notice of the
n 1108-4.008, may be turned over to the call for the bids for at least two weeks in a newspa-
ty days, probation officer for use by him in any pro- per of general circulation published in the county.
ten days of activities designed to prevent juvenile delin- (Ord. 69-80 § 1 (part), 1969).
period. to accordance with Welfare and lnstitutions
las pub' §516.(Ord.68-15§2(part), 1968:priorcode 1108-6.006 Written and oral bids. At the
day 1,7}. time and place fixed, in open session, the board
newsp shall open and examine all sealed written proposals,
s county, and declare those which are from responsible bid-
tge costs Chapter 1108-6 ders and which conform to the terms and conditions
unclaim in the resolution.The board shall then call for simi-
from tht LTERNATE LEASING PROCEDURE* lar oral bids exceeding by at least five percent in
r the pro rent the highest such written proposal. (Ord. 69-80
not app ns: § 1 (part), 1969),
oyment 8-6.002 Resolution of intention.
rd 68-18-6-004 Notice. 1108-6.008 Final acceptance or rejection.At
8-6.006 Written and oral bids. the same meeting or at any adjourned session there-
9-6-008 Final acceptance or rejection. of, the board shall consider all such proposals and,
taction. -6.010 Execution of tease authorized by bids, and shall by resolution either accept the high-.
care,r resolution. est such one or reject them all and withdraw the
'nal p 8-6.012 Exclusion from bidding property from lease. (Ord. 69-80 § 1 (part), 1969).
aimed b procedure.
td Calif 8-6.014 Exceptions. 1108-6.010 Execution of lease authorized by
wing. (: resolution. Any board resolution accepting any bid
+tion .
authorizes and directs the chairman or-the members
f the statutory provisions regarding the sate or lease of county thereof, to execute a lease and to deliver it upon
Is
ty,see Gov.C.§25520 ff,for the authority to provide by ,
>t or unce an alternate procedure for the lease of real property be lessee performance of and Compliance with all the
6terms or Conditions of his Contract tore performed
9 to the county.see Gov.C.§25537.
494-1 (Contra Costa County 4.96)
Y
1108-6.012--1110-2,204 INSTITUTIONS AND PROPERTY, `4
concurrently therewith. (Ord. 69-80 § 1 (part), interest for recordation pursuant to
1969). emment Code Section 27281 and
me
such real property interest with the
1108-6.012 Exclusion from bidding prose- for recording. (Ord. 94-25 § 2:
r dare. Any proposed lease, of not more than five 25360.60), '
1 years nonrenewable duration and one thousand
dollars monthly rent, is excluded from the bidding
procedure provided by this chapter. (Ords. 83-34, Division 1110
,# 69-80: see Govt. C. § 25537).
.� PARKS
1108-6.014 Exceptions.This chapter provides Y
an alternative leasing procedure only for real proper- Chapters:
ty which otherwise must be leased in accordance 1110-2 Use Restrictions
with Government Code Sections 25526 to 25535;.
and it does not apply to real property leased pursu-
ant to Streets and Highways Code Section 960.4 or Chapter 1110-2
t„ Government Code Section 25536. (Ord. 69-80 § 1
(part), 1969). USE RESTRICTIONS
{ '
'1 23Article 1110-2.2 Definitions
H Chapter 1108-8 Sections:
1110-2.202 Generally..
i
ALTERNATIVE REAL PROPERTY 1110-2.204 Public works director.`;PURCHASE AND ACCEPTANCE 1110-2.206 Signposted park.
PROCEDURE Article 1110-2.4 Motor Vehicles
1 C, Sections:
y: a Sections: 1110-2.402 Prohibitions.
` 1?it 1.108-8.002 t�- Authority of public works 1110-2.404 Exceptions.
c ,• director. Article 1110-2.6 Alcoholic Beverages
�,�' 110$-8.004 Recording real property Sections:
- s o interest. 1110-2.602 Use prohibited.
a 1110-2.604 Exceptions.
0 1108-8.002 Authority of public works direc- Article 1110-2.7 Drug-Free Zones
tor.The board of supervisors authorizes the public Sections:
works director or his or her designated deputy, to 1110-2.702 Drug-free zones.
" perform all acts necessary to approve and accept for Article 1110-2.8 Hours of Use
the county the acquisition of any interest in real Sections:
property where the purchase price for such interest 1110-2.802 Prohibition.
H does not exceed twenty-five thousand dollars. Such
1 2 acquisitions shall only be approved and done in -2Article 1110 .2 w
. P_o accordance with current appropriated budget aa- Definitions
t t h a counts and applicable regulations.The public works !
director shall report quarterly to the board of super- 1110-2.202 Generali Unless others
j z P q y Pe ` Y�
visors on acquisition{s} done pursuant to this sec- dally provided or required by the context,
tion, including the interest acquired, its price, area lowing terms have the indicated meaninV
and necessity for the purchase. (Ord. 94-25 § 2: chapter. (Ord. 79-70 § 2).
t Gov. C., § 25350.60).
1110-2,204 Public works director-
1108-8.004 Recording real property interest. works director" means the county pubis
For purposes of this chapter, if the real property director and includes any duly authorized
interest to be accepted is in the form of a recordable nate. (Ord. 79-70 § 2).
document, the public works director or his or her,
designated deputy shall accept the real property
4 (Contra costa county 4-96) 494-2
l
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