Oakley Municipal Code Art. 3 Alternate Leasing Procedure

a. Except as otherwise provided in this section, before ordering the lease of any real property belonging to the City, the City Council shall, in a regular open meeting by a two-thirds vote of all its members, adopt a resolution declaring its intention so 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 the City Clerk’s office containing that information; and

3. Fix a time, at least three weeks thereafter, for a public meeting of the Council at its regular place of meeting, for receipt and consideration of sealed proposals for the lease.

a. Notice for the resolution and meeting shall be given by posting certified copies of the resolution in at least three public places in the City for at least 15 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 City.

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 City Clerk of the City Council or with any other person designated by the Council to receive such 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 City officer authorized to execute the lease.

At the time and place fixed, in open session, the City Council shall open and examine all sealed written proposals and declare those that are from responsible bidders and that conform to the terms and conditions in the resolution. The Council shall then call for similar oral bids exceeding by at least 5% in rent the highest such written proposal.

At the same meeting or at any adjourned session thereof, the Council shall consider all such proposals and bids and shall by resolution either accept the highest bid or reject them all and withdraw the property from lease.

Any Council resolution accepting any bid shall authorize and direct the Mayor to execute a lease and to deliver it upon lessee’s performance of and compliance with all the terms or conditions of the contract to be preformed concurrently therewith.

a. Any proposed lease of not more than five years, nonrenewable duration, and having an actual monthly rental not exceeding $1,000 is excluded from the bidding procedure required by this section, except that notice shall be given pursuant to Government Code Section 6061, posted in the office of the City Clerk. Additionally, 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.

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 City officer authorized to execute the lease.

This section provides an alternative leasing procedure only for real property that otherwise must be leased in accordance with Government Code Sections 25526 to 25535; it does not apply to real property leased pursuant to Government Code Section 25536.