[1]
Editor's Note: Former Ch. 5.14, Delegated Authority for Real Property Transactions, adopted by Ord. 1975 § 2, 2019, was repealed by Ord. 2049, 3/25/2025.
The county may follow the procedures set forth in this chapter, when applicable, for the leasing and licensing of real property owned by the county instead of the bidding procedures set forth in Government Code Sections 25526 to 25535.
(Ord. 2049, 3/25/2025)
A. 
Pursuant to Government Code Section 25537, subdivision (b), leases or licenses of real property belonging to the county may be excluded from any bidding procedure, provided that the notice requirements of subsection B of this section are met, and all of the following conditions exist:
1. 
The term of the lease or license does not exceed ten (10) years;
2. 
The estimated monthly rental does not exceed $10,000; and
3. 
The lease or license is not renewable.
B. 
Leases or licenses made under this section shall comply with the following notice requirements:
1. 
Notice shall be given pursuant to Government Code 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 California Health and Safety Code Sections 50074 and 50074.5.
2. 
The notice given 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 property will be accepted, the location where leases or licenses will be executed, and any county officer authorized under this chapter to execute the lease or license.
3. 
The notice described in subsection (B)(2) shall also be mailed or delivered at least fifteen (15) days prior to accepting offers to lease or license 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.
(Ord. 2049, 3/25/2025)
A. 
For any real property belonging to the county, the purchasing agent, or the purchasing agent's designee, is authorized to negotiate and execute leases and licenses let pursuant to Section 5.14.020. The authority granted under this section shall not exceed five years from the effective date of the ordinance codified in this chapter.
B. 
At least five working days prior to executing a license let pursuant to Merced County Code Section 5.14.020, the purchasing agent shall provide written notice to the supervisor for the district in which the property proposed to be licensed is located. 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. This subdivision does not apply to leases.
(Ord. 2049, 3/25/2025)
Pursuant to Government Code Section 25350.60, the purchasing agent, or the purchasing agent's designee, is authorized to perform all acts necessary to approve, purchase, and accept for the county the acquisition of any interest in real property where the purchase price does not exceed $25,000, in accordance with the following procedures:
A. 
The acquisition of the real property interest is for a public structure, building, road, or other public project or improvement (collectively "project") previously approved by the board of supervisors.
B. 
The real property interest is not to be acquired by eminent domain.
C. 
Funding for the project is budgeted and available.
D. 
Notice of intent to purchase is published as required by Government Code Section 25350.
E. 
The current market value of the real property interest to be purchased has been determined.
F. 
The acquisition complies with the California Environmental Quality Act (CEQA) or other applicable environmental law.
G. 
The acquisition complies with all applicable laws pertaining to the acquisition of real property, including, but not limited to, notice requirements, appraisal of the subject real property, offer to purchase, and recordation of deeds.
H. 
The proposed acquisition has been reviewed by county counsel.
I. 
The authority granted herein shall not exceed five years from the effective date of the ordinance codified in this chapter.
(Ord. 2049, 3/25/2025)
Pursuant to Government Code Section 25526.6, the purchasing agent, or the purchasing agent's designee, is, after review by county counsel, authorized to grant or otherwise convey an easement, license, or permit for use of any real property of the county to the state, any other county, city, district, or public agency or corporation, or to any public utility corporation in the manner and upon the terms and conditions the purchasing agent determines or prescribes upon the purchasing agent's finding that the conveyance is in the public interest and that the interest in the land conveyed will not substantially conflict or interfere with the use of the property by the county.
(Ord. 2049, 3/25/2025)