Kern County Municipal Code Ch. 2.84 Leasing and Licensing of Real Property by the County

Footnotes:

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Editor's note— Ord. No. G-9085, § 2, adopted Feb. 8, 2022, amended the title of Ch. 2.84 to read as herein set out. The former 2.84 title pertained to the leasing of real property belonging to or leased by the county.

This chapter is enacted pursuant to Government Code Section 25537 which permits the board of supervisors to prescribe a procedure alternative to that required by Government Code Sections 25526 to 25535, inclusive, for the leasing of real property belonging to or leased by the county.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

Before ordering the lease of any real property, 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 the property.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

A. The resolution shall: (i) describe the property proposed to be leased; (ii) specify the minimum rental and the terms upon which it will be leased; (iii) fix a time and place for the director of general services, or his designee, to receive and consider all bids; (iv) require that a call for bids be posted in at least three (3) public places for not less than fifteen (15) days and be published for not less than two (2) weeks in a newspaper of general circulation, if the newspaper is published in Kern County.

B. The resolution may contain further conditions relating to the bidding process.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

At the time and place specified by the board of supervisors, the assistant county administrative officer—general services, or his or her designee, shall preside. The assistant county administrative officer—general services, or his or her designee, shall open, examine and read the contents of all sealed bids. After the sealed bids have been read, the assistant county administrative officer—general services, or his or her designee, shall call for oral bids. Only oral bids which exceed the highest written bid by five percent (5%) shall be received. If no written bids are received, oral bids which exceed the minimum rental by five percent (5%) may be received. At the conclusion of the bidding, the assistant county administrative officer—general services, or his or her designee, shall declare the name of the apparent high bidder.

(Ord. G-6267 § 17, 1995: Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

Within fourteen (14) days of the opening of bids, the assistant county administrative officer—general services shall report the results to the board of supervisors which shall either accept the highest proposal or reject all bids. No bid shall be finally accepted until approved by the board of supervisors.

(Ord. G-6267 § 18, 1995: Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

At any time prior to the final acceptance of the highest bid by the board of supervisors, the board of supervisors may, if it deems such action to be for the public interest, reject any and all bids, either written or oral, and withdraw the property from lease.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

Leases of county real property of a duration not exceeding ten (10) years and having a monthly rental not exceeding ten thousand dollars ($10,000.00) are exempt from Sections 2.84.020, 2.84.030, 2.84.040, 2.84.050 and 2.84.060 of this chapter. Such leases are herein referred to as "exempt leases."

(Ord. G-7630 § 2, 2007: Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

A. Prior to entering into an exempt lease, notice shall be given pursuant to Government Code Section 6061 and by posting notice thereof in the county clerk's office. In addition, if the exempt 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 for exempt leases shall describe: (i) the property to be leased; (ii) the terms of the lease; and (iii) the location where offers to lease the property will be accepted; (iv) the location where the lease will be executed; and (v) any county officer authorized to execute the lease.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

Exempt leases shall not be renewable.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

The director of airports is authorized to execute exempt leases of county real property devoted to or held for ultimate use for airport purposes provided that: (i) the monthly rental consideration for the exempt lease does not exceed one thousand dollars ($1,000.00); and (ii) the term of the exempt lease does not extend more than one hundred eighty (180) days after the effective date of the exempt lease.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

(Ord. No. G-8758, § 2, 3-20-18)

The assistant county administrative officer for general services, per Government Code Section 25350.51, as from time to time amended, is authorized:

A. To lease or license real property for use by the county (acquisition leases) for a term not to exceed five (5) years, and for a rental not to exceed seven thousand five hundred dollars ($7,500.00) per month (per Government Code section 25350.51).

B. To amend real property leases or licenses to provide for improvements or alterations, or both, with a total cost not exceeding seven thousand five hundred dollars ($7,500.00) provided that the amendment does not extend the term of the lease of license, and that no more than two (2) such amendments, not to exceed seven thousand five hundred dollars ($7,500.00) each, are made within a twelve (12) month period.

(Ord. A-345 § 2 (part), 2004)

(Ord. No. G-7921, § 2, 8-18-09; Ord. No. G-8758, § 3, 3-20-18)

The assistant county administrative officer for general services is authorized to execute revenue leases and licenses pursuant to Government Code Section 25537 as it may be from time to time amended and as implemented by this chapter.

(Ord. A-345 § 2 (part), 2004)

(Ord. No. G-7921, § 2, 8-18-09; Ord. No. G-8758, § 4, 3-20-18)

In addition to any other requirement of Chapter 2.84, notice pursuant to Chapter 2.84 shall also be mailed or delivered at least fifteen (15) days prior to accepting offers to lease pursuant to Chapter 2.84 to any person who has filed a written request for notice with the clerk of the board of supervisors. Each request filed with the clerk of the board of supervisors must 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 the leases will be executed, and any county officer authorized to execute the lease.

(Ord. G-6103 § 2 (part), 1994)

Chapter 2.84 of Title 2 of this code shall not apply to leases which are exempt from the provisions of Government Code Sections 25525 to 25535, inclusive.

(Ord. G-6103 § 2 (part), 1994: Ord. G-5590 § 2 (part), 1991)

Pursuant to Government Code Section 25526.6, the chief general services officer and director of public works may grant or convey easements, licenses, or permits for use of any real property of the county to the state, or to any county, city, district, or public agency or corporation, or to any public utility corporation in the manner and upon the terms and conditions as the CGSO or director determines or prescribes, upon a finding by the CGSO or director that the conveyance is in the public interest and that the interest in land conveyed will not substantially conflict or interfere with the use of the property by the county. The CGSO and director shall provide to the board of supervisors a report of all such grants or conveyances at least once per year.

(Ord. No. G-9085, § 3, 2-8-22)