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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. LICENSE AGREEMENTS AND PERMITS-TO-ENTER

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
LICENSE AGREEMENTS AND PERMITS-TO-ENTER

Sec. A21-14. Conveyance.

Upon finding that a conveyance of an interest in the County's real property would be in the public interest and would not substantially conflict or interfere with the County's use, the Director of the Roads and Airports Department, the Director of the Facilities Department of the General Services Agency and the Director of Parks and Recreation Department of the Environmental Resource Agency may execute license agreements and permits-to-enter in favor of the State, or to any county, city, district, or public agency or corporation, or to any public utility corporation. Such agreements and permits shall have a maximum duration of three years, shall not be renewable, and shall be subject to termination by the respective director on written notice to the licensee.

This section is enacted pursuant to Government Code § 25526.6.

(Ord. No. NS-300.436, 6-7-88; Ord. No. NS-300.700, 9-17-02)

Sec. A21-15. Resolution of intention.

(a) Except as otherwise provided in this chapter, before ordering the lease of any real property belonging to the County, the Board of Supervisors shall, in a regular open meeting by a two-thirds vote of all its members, adopt a resolution declaring its intention to lease and calling for bids thereon.

(b) The resolution shall:

(1) Describe the property sufficiently to identify it;

(2) Specify either the terms of the lease including minimum rent, or refer to a proposed form of lease filed in its Clerk's office containing this information; and

(3) Fix a time (at least three weeks thereafter) and place for receipt and consideration of sealed proposals for the lease, and

The resolution may, if the Board desires in its discretion:

(4) Identify qualifications of responsible bidders, and

(5) Delegate to Director of Facilities Department of the GSA of the County, or his or her designee, the authority to conduct the leasing procedure.

(Ord. No. NS-300.617, § 2, 10-20-98)

Sec. A21-16. Notice.

(a) Notice of the resolution of intention and meeting shall be given by posting copies of the resolution in at least three public places in the County for at least 15 days before the date to receive bids and by publishing notice of the call for bids for at least two weeks prior to the date set for opening of bids in a newspaper of general circulation published in the County.

(b) Notice 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 any other person designated by the Board to receive these requests. 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 shall identify the Director of Facilities Department of the General Services Agency as the County officer authorized to conduct the proceedings, and if delegated, to execute the lease.

(Ord. No. NS-300.617, § 2, 10-20-98)

Sec. A21-17. Written and oral bids.

At the time and place fixed, the Director of Facilities Department, if so delegated, or the chairperson of the Board, shall open and examine all sealed written proposals, and declare those which are from responsible bidders and which conform to the terms and conditions in the resolution. The Director of the Facilities Department, if so delegated, or the chairperson of the Board, shall then call for similar oral bids exceeding by at least five percent in rent the highest such written proposal.

(Ord. No. NS-300.617, § 2, 10-20-98)

Sec. A21-18. Final acceptance or rejection.

The Director of the Facilities Department shall recommend to the Board of Supervisors the highest responsible bid, including the highest oral overbid, or rejection of all bids at a regular meeting or at any adjourned session thereof, within 30 days following the bidding, and the Board shall consider such recommendation, and shall by resolution either accept the highest such one or reject them all.

(Ord. No. NS-300.617, § 2, 10-20-98)

Sec. A21-19. Execution of lease authorized by resolution.

Any Board resolution accepting any bid shall authorize and direct the chairperson to execute a lease and to deliver it upon lessee's performance of and compliance with all the terms or conditions of his contract to be performed concurrently therewith, unless authority to execute the lease agreement has been delegated by the Board pursuant to Section A21-16(b).

(Ord. No. NS-300.617, § 2, 10-20-98)

Sec. A21-20. Requirements for non-bid leases.

(a) Any proposed lease or license of not more than ten years, nonrenewable in duration, and having an actual monthly rental not exceeding $10,000.00 or in the amount authorized under Government Code § 25537, whichever is greater, is excluded from the bidding procedure required by this chapter except that published notice shall be given pursuant to Government Code § 6061, posted at the building of the office of the Clerk of the Board, and mailed or delivered at least 15 days prior to accepting offers to lease to any person who has filed a written request with the Clerk of the Board. If the lease involves residential property, mailed notice shall be provided to housing sponsors as defined by §§ 50074 and 50074.5 of the Health and Safety Code. The notice required by this section shall describe the property proposed to be leased, the term of the lease, and the location where offers to lease or license the property will be accepted and executed. The lease or license shall be submitted to the Board of Supervisors for approval.

(b) Without calling for bids, the Director of the Roads and Airports Department, the Director of the Facilities and Fleet Department, and the Director of Parks and Recreation Department may negotiate and execute leases or licenses of real property owned by the County for a non-renewable term not to exceed one year and actual monthly rental up to $10,000.00 or an amount authorized under Government Code § 25537, whichever is greater, provided notice is published pursuant Government Code § 6061, posted at the building of the office of the Clerk of the Board, and mailed or delivered at least 15 days prior to accepting offers to lease or license to any person who has filed a written request with the Clerk of the Board, and shall contain the information set forth in Section A21-20(a) above as well as identifying the County officer authorized to execute the lease. If the lease or license involves residential property, notice shall be given to housing sponsors as defined in Section A21-20(a) above. County officers shall also provide notice to the supervisorial district office in which the property proposed to be leased or licensed is located at least five working days prior to execution of the lease or license. If no written notice objecting to the lease or license is given within five working days after notice has been provided, the proposed lease or license shall be deemed approved by the district office. If the supervisorial district office objects to the proposed lease or license in writing within five working days, the lease or license may be submitted for approval by the Board of Supervisors at a regular meeting. The delegation of authority to County officers is effective for five years from the effective date of this ordinance.

(Ord. No. NS-300.617, § 2, 10-20-98; Ord. No. NS-300.742, § 1, 9-27-05)

Sec. A21-21. Exceptions.

This chapter provides an alternative leasing procedure pursuant to Government Code § 25537 only for real property which otherwise may be leased in accordance with Government Code §§ 25526--25535; and it does not apply to real property leased pursuant to Streets and Highways Code § 8355 or Government Code § 25536.

(Ord. No. NS-300.617, § 2, 10-20-98)