HomeMy WebLinkAboutMINUTES - 11191996 - C28 C 2$
BOARD OF SUPERVISORS ..... Contra
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FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR a; g Costa
_�•� .;�,,::_::-.-=:,4¢ County
DATE: November 14, 1996
SUBJECT: ORDINANCE AMENDING THE NOTICING REQUIREMENTS FOR LEASES
OF COUNTY PROPERTY TO ANOTHER PARTY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached ordinance, which was introduced on November 5, 1996.
BACKGROUND:
On November 5, 1996, the Internal Operations Committee recommended the
introduction of an ordinance which would have reflected the noticing requirements
of Government Code Section 25537 and which would have increased the duration
and rent of leases excluded from the bidding procedures of property owned by the
County which*is being leased out, as is provided for in Government Code Section
25537.
The Board of Supervisors was not prepared to implement the portion of the proposed
ordinance which addressed increasing the duration and rent of leases excluded from
the bidding procedures of property owned by the County which is being leased out.
The Board did agree to amend the ordinance code to reflect the noticing
requirements contained in Government Code Section 25537. No other changes
were made to the ordinance code. The attached ordinance reflects these noticing
requirements and no other changes.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
JC�SIGNATURES
ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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 led 19
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works Director
General Services Director
BY DEPUTY
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ORDINANCE NO. 96- 46
(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 amends Chapter 1108-6 of the County Ordinance
Code (by amending Sections 1108-6.004 and 1108-6.012) to modify notice procedures to
conform to state law (Government Code section 25537).
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. 96-46 , 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 five years, nonrenewable
duration, and having an actual monthly rental not exceeding one
thousand dollars ($1,000) 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.
1
(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- 46 , 83-35, 69-80, see Gov. C.
§25537.)
SECTION IV. 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 November 19, 1996 , by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Board h i
[SEAL]
SLA:Ia
November 12, 1996
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CTI
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA
Date: November 12, 1996 CONFIDENTIAL
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: ORDINANCE AMENDING NOTICE REQUIREMENTS OF
ORDINANCE CODE CHAPTER 1108-6
Pursuant to the direction from the Board of Supervisors, Chapter 1108-6 of the County
Ordinance Code has been amended to modify the notice procedures in accordance with State law. All
dollar and time limits are unchanged.
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