Editor's note: Chapter 4.24, formerly titled, "Procedure for Leasing County Property, was renamed by Ord. CS 959 to be "Lease or Sale of County Property." Section 4.24.010, formerly titled, "Procedure alternate to statutes," was renamed by Ord. CS 959 to be "Lease of real property."
Pursuant to the provisions of Section 25537 of the Government Code, a procedure alternative to that required by Sections 25526 and 25535 of the code is prescribed for the leasing of any real property belonging to the county as follows:
A. 
The board of supervisors shall either accept the highest proposal for the proposed lease submitted in response to a call for bids posted in at least three public places for not less than fifteen days and published for not less than two weeks in a newspaper of general circulation, or reject all bids.
B. 
The proposed form of lease shall be and remain on file in the office of the county clerk for at least fifteen days prior to the opening of bids.
C. 
Terms of lease, oral bidding, minimum rental, deposit required and any other terms of the proposal shall be provided by order of the board of supervisors authorizing the call for bids.
(Prior code §2-370)
Leases made pursuant to Government Code Section 25536 and leases not exceeding the duration and estimated monthly rental set forth in subdivision (b) of Section 25537 of the Government Code, as hereafter may be amended, are excluded from the prescribed bidding procedures, and may be made by the board of supervisors without competitive bidding.
(Prior code §2-371; Ord. 1075 NS §1, 1982; Ord. 668 §1, 1998)
Pursuant to Government Code Section 25539, the ordinance codified in this section establishes a procedure alternative to that required by Government Code Sections 25526 to 25535 with respect to the manner in which surplus real property belonging to the county may be sold.
A. 
Whenever the board of supervisors determines that any real property or interest therein belonging to the county is no longer necessary for county purposes, the board of supervisors may declare the real property surplus and sell the real property in the manner set forth in this section.
B. 
Before ordering the sale of any surplus property owned by the county with a value in excess of twenty-five thousand dollars, the board of supervisors shall, in a regular open meeting, by a two-thirds vote of all its members, adopt a resolution declaring its intention to sell the property. The resolution shall describe the property proposed to be sold and shall specify the minimum price and the terms upon which it will be sold and shall fix a time and place, not less than three weeks thereafter, at which sealed proposals to purchase will be received and considered.
C. 
Whenever the board of supervisors determines that the estimated value of surplus real property does not exceed twenty-five thousand dollars, the county may sell, exchange, quitclaim, or convey that real property in the manner and upon the terms and conditions approved by the board of supervisors in a resolution of intention to sell the property without further complying with any other sections of the ordinance codified in this section. The chief executive officer is authorized to execute documents relating to the sale of the real property in the manner set forth in the resolution of intention to sell the property, provided that the resolution of intention shall be posted in a public place for five working days prior to effecting the transfer.
D. 
If, in the discretion of the board of supervisors, it is advisable to pay a commission to a licensed real estate broker, the fact that such a commission will be paid, the terms and conditions upon which it will be paid, and the rate thereof shall be approved by the board of supervisors. The board of supervisors may require that commissions payable to brokers representing a purchaser shall be paid only if the name and address of such agent is set forth in the purchaser's proposal.
E. 
Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution in at least one public place in the county, and by publishing the notice at least one time in a newspaper of general circulation in the county. In addition, the county may purchase advertising space and may advertise the proposed sale of the property in such newspapers, magazines, and other periodicals as, in its judgment, will best publicize the sale to those persons most likely to bid for or purchase the property.
F. 
At the time and place fixed in the resolution to receive proposals, the chief executive officer or his or her designee shall publicly open, examine and declare all proposals which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders. The proposal which is the highest shall be accepted as the apparent high proposer, subject to board approval, unless a higher oral bid is accepted. In determining which is the highest proposal, the board shall not subtract therefrom the commission, if any, which may be paid.
G. 
After opening, examining and declaring all proposals which conform to all terms and conditions specified in the resolution of intention to sell, the chief executive officer or his or her designee shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property, upon the terms and conditions specified in the resolution, for a price exceeding by at least five percent, the highest written proposal which is made by a responsible person, such highest oral bid shall be accepted as the apparent high proposer, subject to board approval. In determining which is the highest proposal, the board shall not subtract therefrom the commission, if any, which may be paid.
H. 
The final acceptance and agreement to sell the property and the real estate commission to be paid must be approved by the board of supervisors.
I. 
The board of supervisors may, in its sole discretion, reject any and all bids, either written or oral.
J. 
If the board of supervisors accepts and approves any bid, the board may direct the chief executive officer or his or her designee to execute a deed and to deliver it upon performance and compliance by the purchaser of all the terms or conditions of the contract to be performed concurrently therewith.
K. 
This section is not intended to be the exclusive manner in which county-owned property may be sold, and the county may elect to utilize any other procedure authorized by law relating to the sale of county-owned property.
(Ord. CS 959 §3, 2006)