BILL NUMBER: SB 93 CHAPTERED 10/09/03 CHAPTER 732 FILED WITH SECRETARY OF STATE OCTOBER 9, 2003 APPROVED BY GOVERNOR OCTOBER 8, 2003 PASSED THE SENATE SEPTEMBER 2, 2003 PASSED THE ASSEMBLY AUGUST 28, 2003 AMENDED IN ASSEMBLY AUGUST 28, 2003 AMENDED IN ASSEMBLY JULY 8, 2003 AMENDED IN ASSEMBLY JUNE 27, 2003 AMENDED IN SENATE APRIL 30, 2003 INTRODUCED BY Senator Alpert JANUARY 28, 2003 An act to amend Sections 25350, 25350.60, and 25537 of the Government Code, relating to county real property. LEGISLATIVE COUNSEL'S DIGEST SB 93, Alpert. Counties: real property purchases. (1) Existing law authorizes the board of supervisors of a county to provide by ordinance for a county officer to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property having a purchase price not exceeding $25,000. Existing law prohibits the purchase by a county of real property of which the purchase price exceeds $25,000 unless notice of the intention of the board of supervisors to make the purchase is published in the county, as specified. This bill would authorize the county board of supervisors to provide by ordinance for a county officer to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property. It would require that an ordinance adopted under these provisions establish a dollar limit on any purchase price and would limit a county officer's authority granted by this ordinance to no more than 5 years. This bill would also require the intention to purchase an interest in real property to be published when the purchase price exceeds the dollar limit established by ordinance, or, if no ordinance is adopted, exceeds $50,000. (2) Existing law authorizes the county board of supervisors to exempt from a specified bidding procedure leases or licenses of real property of a duration not exceeding 10 years and having an estimated monthly rental of not exceeding $5,000. Existing law provides that the board may, by resolution, authorize a county officer to execute leases or licenses under these provisions. This bill would, instead, exempt from the bidding procedure leases or licenses with a monthly rental not exceeding a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, not exceeding $10,000. It would provide that the board may, by ordinance, authorize a county officer to execute these leases or licenses and would limit a county officer's authority granted by this ordinance to no more than 5 years. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25350 of the Government Code is amended to read: 25350. No purchase of real property, including any water right or other interest therein, of which the purchase price is in excess of the dollar limit established by ordinance adopted pursuant to Section 25350.60, or, if no ordinance is adopted, in excess of fifty thousand dollars ($50,000), shall be made unless a notice of the intention of the board of supervisors or, if applicable, the county officer authorized to purchase real property pursuant to Section 25350.60, to make the purchase is published in the county pursuant to Section 6063. If no newspaper is published in the county, the notice shall be posted at least three weeks prior to the time the board meets to consummate the purchase in at least three public places in each supervisorial district. The notice shall contain a description of the property proposed to be purchased, the price, the vendor, and a statement of the time the board will meet to consummate the purchase. Nothing contained in this section shall be deemed to preclude the settlement of an action in eminent domain or the acquisition of any real property or interest therein for the uses and purposes of county highways without compliance with this section. SEC. 2. Section 25350.60 of the Government Code is amended to read: 25350.60. (a) The board of supervisors of a county may, by ordinance, authorize a county officer it deems appropriate to perform any or all acts necessary to approve and accept for the county the acquisition of any interest in real property. (b) The authorization shall specify procedures for the exercise of the authority by the officer so designated and shall establish a dollar limit on any purchase price. (c) A county officer's authority granted by ordinance under this section may not be effective for more than five years. SEC. 3. Section 25537 of the Government Code is amended to read: 25537. (a) In any county the board of supervisors may prescribe by ordinance a procedure alternative to that required by Sections 25526 to 25535, inclusive, for the leasing or licensing of any real property belonging to, leased by, or licensed by, the county. Any alternative procedure so prescribed shall require that the board of supervisors either accept the highest proposal for the proposed lease or license submitted in response to a call for bids posted in at least three public places for not less than 15 days and published for not less than two weeks in a newspaper of general circulation, if the newspaper is published in the county, or reject all bids. (b) Leases or licenses of a duration not exceeding 10 years and having an estimated monthly rental not exceeding a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, not exceeding ten thousand dollars ($10,000), may be excluded from the bidding procedure specified in subdivision (a), except that notice shall be given pursuant to Section 6061, posted in the office of the clerk of the board of supervisors, and if the lease or license 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. 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 any county officer authorized to execute the lease or license. If a lease or license is excluded from the bidding procedure, the actual monthly rental in the executed lease or license may not exceed a dollar limit that may be established by ordinance of the board, or, if no ordinance is adopted, may not exceed ten thousand dollars ($10,000), the term of the executed lease or license shall not exceed 10 years, and the lease or license is not renewable. (c) (1) The board of supervisors may, by ordinance, authorize the county officer or officers as are deemed appropriate, to execute leases or licenses pursuant to this section. (2) A county officer's authority granted by ordinance under this section may not be effective for more than five years. (3) A county officer authorized by the board of supervisors to execute licenses pursuant to this section shall provide a notice to the supervisorial district office in which the property proposed to be licensed is located at least five working days prior to execution of the license. The notice shall describe the property proposed to be licensed, the terms and conditions of the license, and the name of the proposed licensee. If the supervisorial district office has not responded in writing objecting to the proposed license within five working days after the notice has been provided, the proposed license shall be deemed approved by the district office. If the supervisorial district office objects to the proposed license in writing within five working days, the license may be submitted for approval by the board of supervisors at a regular meeting. (d) Notice pursuant to this section 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 county may charge a fee that is reasonably related to the costs of providing this service and the county may require each request to be annually renewed. 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 any county officer authorized to execute the lease or license.