Santa Clara County Municipal Code Ch. II Leases and Licenses of County Property Without Formal Bidding

This chapter authorizes the negotiation and approval of certain licenses and leases without formal bidding pursuant to Government Code section 25537(b). The County Executive shall designate the County officer whose staff personnel shall negotiate the terms and conditions of any leases and licenses which are exempt from public bidding requirements.

(Ord. No. NS-300.993, § 1, 1-14-25)

(a) Any proposed lease or license of not more than ten years, nonrenewable in duration, and having an actual monthly rental not exceeding $20,000.00 or in the amount authorized under Government Code section 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 section 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 Health and Safety Code sections 50074 and 50074.5. 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.

(b) Without calling for bids, the County Executive or designee may negotiate and execute leases or licenses of real property owned or leased by the County for a non-renewable term not to exceed five years and actual monthly rental up to $20,000.00 or an amount authorized under Government Code section 25537, whichever is greater, provided notice is published pursuant to Government Code section 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 A21-12(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 A21-12(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 at a regular meeting. The delegation of authority to the specified County officers to enter into leases and licenses is effective for five years from January 14, 2025, and may be extended by adoption of a subsequent ordinance by the Board.

(c) All leases and licenses shall be in writing and approved as to form and legality by County Counsel before being submitted for approval. All leases and licenses shall, when practicable, be executed by the lessee or licensee prior to being submitted to the County for execution.

(Ord. No. NS-300.993, § 1, 1-14-25; Ord. No. NS-300.996, § 1, 5-20-25)