Santa Clara County Municipal Code Ch. I Leases and Licenses of County Property with Formal Bidding

This chapter provides an alternative leasing and licensing procedure pursuant to Government Code section 25537(a) only for real property that may be leased or licensed in accordance with Government Code sections 25526 through 25535. It does not apply to real property leased or licensed pursuant to Streets and Highways Code section 8355, Government Code section 25536, or other laws authorizing the leasing or licensing of County property.

In lieu of the procedures set forth in Section A21-2, any real property owned by the County, together with any or all improvements thereon, may be leased or licensed by the County pursuant to the formal bidding procedures and amounts specified in California Government Code sections 25525 through 25535, and as the Government Code may be amended in the future. As to those types of County property exempt from public bidding requirements pursuant to Government Code section 25536 or other applicable law, the Board may elect to require that any leases or licenses of this type of property be by public bidding procedures.

(Ord. No. NS-300.993, § 1, 1-14-25)

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

(b) The resolution shall:

(1) Describe the property sufficiently to identify it;

(2) Specify the terms of the lease or license, including the minimum rent; and

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

(c) The resolution may also, if the Board desires in its discretion:

(1) Identify qualifications of responsible bidders; and

(2) Delegate to the County Executive, or their designee, the authority to conduct the leasing or licensing procedure.

(Ord. No. NS-300.993, § 1, 1-14-25)

(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 Santa Clara County.

(b) Notice shall also be mailed or delivered at least 15 days prior to accepting offers to lease or license 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 or licensed, the term of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases and licenses will be executed and shall identify the County officer authorized to conduct the proceedings, and if delegated, to execute the lease or license.

(Ord. No. NS-300.993, § 1, 1-14-25)

At the time and place fixed, the County officer delegated authority to conduct the leasing or licensing procedure in the resolution of intention or, if none, the chairperson of the Board, shall open and examine all sealed written proposals, and declare those that are from responsible bidders and conform to the terms and conditions in the resolution. The County officer delegated authority or, if none, 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-300.993, § 1, 1-14-25)

The County officer delegated authority to conduct the leasing or licensing procedure in the resolution of intention shall recommend to the Board 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-300.993, § 1, 1-14-25)

Any Board resolution accepting any bid shall authorize and direct the chairperson to execute a lease or license and to deliver it upon lessee's or licensee's performance of and compliance with all the terms or conditions of the contract to be performed concurrently therewith, unless authority to execute the lease or license agreement has been delegated by the Board pursuant to Section A21-2.

(Ord. No. NS-300.993, § 1, 1-14-25)

Pursuant to Government Code section 25515.2, the Board of Supervisors authorizes the possible leasing, sale, development or other disposition, through the issuance of requests for proposals or competitive bidding in a manner prescribed by the Board of Supervisors, of approximately 57 acres (or portions thereof) of County-owned real property located near the Elmwood Correctional Facility in Milpitas for purposes of residential, commercial, industrial or cultural use or development. The real property subject to this section consists of approximately ten acres on the east side of Abel Street, across from the Elmwood Correctional Facility, and approximately 47 acres located to the west and north of the Elmwood Correctional Facility.

(Ord. No. NS-300.993, § 1, 1-14-25)