To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Introduce Ordinance No. 2024-20 and Fix November 12, 2024, for Adoption, Countywide
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
INTRODUCE Ordinance No. 2024-20 to: (i) amend Section 1108-8.002 of the County Ordinance Code to renew until January 1, 2030, the authority of the Public Works Director to acquire Real Property if the purchase price does not exceed $100,000; (ii) amend Section 1108-10.002(a) of the County Ordinance Code to increase from $7,500 to $10,000 the dollar limit on the monthly cost of Real Property the Public Works Director is authorized to lease or license for use by the County; and, (iii) amend Section 1108-10.002(b) of the County Ordinance Code to increase from $7,500 to $10,000 the dollar limit on the cost of up to two amendments to a lease or license the Public Works Director may authorize within a 12-month period to permit improvements or alterations, WAIVE reading and FIX December 3, 2024, for adoption, Countywide.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Ordinance Code Section 1108-8.002
Government Code Section 25350.60 authorizes the Board of Supervisors of a County to authorize, by ordinance, a County officer to perform any and all acts necessary to approve and accept for the County the acquisition of any interest in Real Property, provided the authorization specifies procedures for the exercise of the authority and establishes a dollar limit on any purchase price. Government Code Section 25350.60(c) specifies that the authority granted by ordinance under Government Code Section 25350.60 may not be effective for more than five years.
On March 15, 1994, the Board of Supervisors, pursuant to Government Code section 25350.60, adopted Ordinance No. 1994-25, which added Section 1108-8.002 to the County Ordinance Code. When adopted in 1994, Section 1108-8.002 authorized the Public Works Director to acquire for the County any interest in Real Property, provided the purchase price did not exceed $25,000. Since then, Section 1108-8.002 has been renewed and amended a number of times, most recently on December 17, 2019, when the Board of Supervisors adopted Ordinance No. 2019-35 to (i) amend section 1108-8.002 of the Ordinance Code to authorize the Public Works Director, or designee, to acquire any interest in Real Property, provided the purchase price does not exceed $100,000, and (ii) renew the term of the Ordinance through December 31, 2024.
Ordinance No. 2024-20 amends Section 1108-8.002 of the Ordinance Code to renew the term of the Ordinance through December 31, 2029.
Section 1108-8.002 of the County Ordinance Code requires the Public Works Director to report semi-annually to the Board of Supervisors on actions taken under that chapter.
Ordinance Code Section 1108-10.002
Government Code Section 25350.51 authorizes the Board of Supervisors of a County to authorize, by ordinance or resolution, the purchasing agent or other appropriate county official, subject to rules and regulations as the Board of Supervisors may impose, the following authority:
1. To lease Real Property for use by the county or to obtain the use of Real Property for the county by license for a term not to exceed five years and for a rental not to exceed $10,000 per month.
2. To amend Real Property leases or licenses for improvements or alterations or both, with a total cost not to exceed $10,000, provided that the amendment does not extend the term of the lease or license and that no more than two amendments not to exceed $10,000 each, are made within a 12-month period.
On December 16, 2014, the Board of Supervisors, pursuant to Government Code section 2350.51, adopted Ordinance No. 2014-18, which added Chapter 1108-10 to the Ordinance Code to authorize the Public Works Director to (i) lease or license Real Property for use by the County if the term did not exceed five years and the rent did not exceed $7,500 per month, and (ii) amend Real Property leases and licenses under certain circumstances.
Ordinance No. 2024-20 amends Section 1108-10.002(a) of the County Ordinance Code to increase from $7,500 to $10,000, the dollar limit on the monthly cost of Real Property the Public Works Director is authorized to lease or license for use by the County.
Ordinance No. 2024-24 also amends Section 1108-10.002(b) of the County Ordinance Code to increase from $7,500 to $10,000 the dollar limit on the cost of up to two amendments to a lease or license the Public Works Director may authorize within a 12-month period to permit improvements or alterations.
Section 1108-10.004 of the County Ordinance Code requires the Public Works Director to report semi-annually to the Board of Supervisors on actions taken pursuant to Section 1108-10.002 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
Ordinance Code section 1108-8.002 will expire on December 31, 2024, and the dollar limits established in Ordinance Code sections 1108-10.002(a) and (b) will remain at $7,500.