Tuolumne County Municipal Code Ch. 3.21 Leasing or Licensing of Real Property Belonging to

OR LEASED BY THE COUNTY

Sections:

• 3.21.010

• Purpose

• 3.21.020

• Adoption of resolution

• 3.21.030

• Contents of resolution

• 3.21.040

• Opening of bids

• 3.21.050

• Final acceptance

• 3.21.060

• Rejection of bids

• 3.21.070

• Exempt leases

• 3.21.080

• Procedure for exempt leases

• 3.21.090

• Restriction regarding exempt leases

• 3.21.100

• Exempt leases of airport property

• 3.21.105

• Delegation of authority to the Purchasing Agent

• 3.21.110

• Notices required by Chapter 3.21

• 3.21.115

• Applicability of Chapter 3.21

• 3.21.120

• Severability.

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. 2109, 1995)

ordering the lease of any real property, the board of supervisors shall, in a regular open meeting, by a two-thirds (2/3) vote of all its members, adopt a resolution declaring its intention to lease the property. (Ord. 2109, 1995)

A. The resolution shall:

1. Describe the property proposed to be leased;

2. Specify the minimum rental and the terms upon which it will be leased;

Fix a time and place for the County Administrative Officer, or his/her designee, to receive and consider all bids; and

4. 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 Tuolumne County.

B. The resolution may contain further conditions relating to the bidding process. (Ord. 2109, 1995)

place specified by the board of supervisors, the County Administrative Officer,, or his/her designee, shall preside. The County Administrative Officer, or his/her designee, shall open, examine and read the contents of all sealed bids. After the sealed bids have been read, the County Administrative Officer, or his/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 County Administrative Officer, or his/her designee, shall declare the name of the apparent high bidder. (Ord. 2109, 1995)

(14) days of the opening of bids, the County Administrative Officer 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. 2109, 1995)

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. 3474 § 3, 2024; Ord. 2109, 1995)

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 3.21.020, 3.21.030, 3.21.040, 3.21.050, and 3.21.060 of this chapter.
Such leases are herein referred to as “exempt leases.” (Ord. 3474 § 4, 2024; Ord. 2109, 1995)

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:

1. The property to be leased;

2. The terms of the lease;

3. The location where offers to lease the property will be accepted;

4. The location where the lease will be executed; and

5. Any county officer authorized to execute the lease. (Ord. 2109, 1995)

leases. Exempt leases shall not be renewable.
(Ord. 2109, 1995)

The Public Works Director is authorized to execute exempt leases of county real property devoted to or held for ultimate use for airport purposes provided that:

1. The monthly rental consideration for the exempt lease does not exceed One Thousand Dollars ($1,000.00); and

2. The term of the exempt lease does not extend more than five (5) years after the effective date of the exempt lease. (Ord. 3474 § 5, 2024; Ord. 2109, 1995)

Purchasing Agent. The Purchasing Agent or their designee is authorized to: A. Negotiate and execute, in the name of the County, any lease or license for real property for use by the County or to obtain the use of real property for the County by lease or license for a term not to exceed five (5) years and for a per month rent amount not to exceed the Purchasing Agent’s signing authority as defined by the County’s Purchasing Guidelines;
B. Amend real property leases or licenses for improvements or alterations, or both, with a total cost not to exceed the Purchasing Agent’s signing authority as defined by the County’s Purchasing Guidelines, provided that the amendment does not extend the term of the lease or license and that no more than two (2) amendments, not exceeding the Purchasing Agent’s signing authority are made within a twelve (12) month period;

1. Notice of intention to execute the lease or license shall be posted in a public place for five (5) working days prior to execution of the lease or license.
   The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, and the County officer authorized to execute the lease or license as defined by California Government Code § 25537(c)(1);
2. Notice of intention to execute the lease or license of residential property, shall be provided to “housing sponsors,” as defined by California Health and Safety Code §§ 50074, 50074.5. The notice shall describe the property proposed to be leased or licensed, the terms of the lease or license, the location where offers to lease or license the property will be accepted, the location where leases or licenses will be executed, and the County officer authorized to execute the lease or license;
3. Any lease, license or amendment thereto shall be in writing and shall be approved as to form by County Counsel. C. It shall be within the Purchasing Agent’s discretion to require any action within the Purchasing Agent’s authority to go before the Board of Supervisors for approval. It shall also be within the Purchasing Agent’s authority to require competitive bidding when the Purchasing Agent determines it would be in the County’s best interest to do so. (Ord. 3474 § 6, 2024)

In addition to any other requirement of Chapter

3.21, notice pursuant to Chapter 3.21 shall also be mailed or delivered at least fifteen (15) days prior to accepting offers to lease pursuant to Chapter 3.21 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 lease will be executed, and any county officer authorized to execute the lease. (Ord. 3474 § 7, 2024; Ord. 2109, 1995)

Chapter 3.21 of Title 3 of this code shall not apply to leases which are exempt from the provisions of Government Code Sections 25525 to 25535, inclusive. (Ord. 3474 § 8, 2024; Ord. 2109, 1995)

paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid, for any reason, the remainder of the Chapter shall not be affected thereby. (Ord. 3474 § 9, 2024; Ord. 2109, 1995)