SECTIONS 25520-25539.10 - California Statutes

GOVERNMENT CODE

SECTION 25520-25539.10

25520. The board of supervisors of any county shall receive in the
name of the county conveyances for all property received and
purchased by it, and shall make in the name of the county conveyances
of all property belonging to the county and sold by it.

25521. The board of supervisors of any county may sell or lease for
a term not exceeding 99 years, without a vote of the electors of the
county first being taken, any real property belonging to the county.

25521.5. The Board of Supervisors of the County of Riverside may
transfer to the Riverside County Regional Park and Open Space
District, without a vote of the electors of the county first being
taken, any real or personal property belonging to the county.

25522. The sale may be made for cash, or for part cash and upon
such terms of deferred payments secured by purchase money, mortgage,
or deed of trust as are determined by the action of the board of
supervisors.

25523. The board of supervisors may use funds derived from the sale
for the general purposes of the county, provided that the derived
funds are used, in accordance with local, state, and federal law, for
the purpose of the fund that had been the source for the acquisition
of the property sold.

25524. Any lease may be made upon such consideration or for such
rental, as is authorized by the action of the board of supervisors.

25525. Every sale or lease shall be made in the manner provided by
this article.

25526. Before ordering the sale or lease of any property 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, or a resolution declaring its intention to lease
it, as the case may be. The resolution shall describe the property
proposed to be sold, or leased, in a manner as to identify it and
shall specify the minimum price, or rental, and the terms upon which
it will be sold, or leased, and shall fix a time, not less than three
weeks thereafter for a public meeting of the board of supervisors to
be held at its regular place of meeting, at which sealed proposals
to purchase or lease will be received and considered.
When the minimum price or annual rental is not over two thousand
dollars ($2,000) or one hundred fifty dollars ($150) per month for a
period of one year or less, instead of describing in detail the
property and the terms on which it will be sold or leased, the
resolution may briefly identify the property, state the minimum price
or rental, and refer to the proposed form of conveyance or lease on
file in the office of the clerk of the board of supervisors in which
the terms for selling or leasing the property may be seen.

25526.5. Whenever the board of supervisors determines that any real
property or interest therein belonging to the county is no longer
necessary for county or other public purposes, and its estimated
value does not exceed twenty-five thousand dollars ($25,000), the
county may sell, exchange, quitclaim, or convey that real property or
interest therein in the manner and upon the terms and conditions
approved by the board of supervisors without complying with any other
sections in this article. The board of supervisors may, by
ordinance, designate an appropriate county officer or officers to
execute sales of the real property or interest therein, provided that
notice of intention that the county officer or officers will execute
the sale shall be posted in a public place for five working days
prior to effecting the transfer.

25526.6. Notwithstanding any other provision of law, the board may
grant or otherwise convey, or by ordinance, may authorize such county
officer or officers as are deemed appropriate, to grant or otherwise
convey an easement, license, or permit for use of any real property
of the county to the state, or to any county, city, district, or
public agency or corporation, or to any public utility corporation in
the manner and upon the terms and conditions as the board or
authorized county officer determines or prescribes, upon a finding by
the board or authorized county officer that the conveyance is in the
public interest and that the interest in land conveyed will not
substantially conflict or interfere with the use of the property by
the county.

25526.7. Whenever the board of supervisors of a county containing a
population of 6,000,000 or more determines that any real property or
interest therein belonging to the county is no longer necessary for
county or other public purposes, and its estimated sales price does
not exceed one hundred thousand dollars ($100,000), the county may
sell, exchange, quitclaim, or convey that real property or interest
therein in the manner and upon the terms and conditions approved by
the board of supervisors without complying with any other sections in
this article. The board of supervisors may, by ordinance, designate
any county officer or officers, as are deemed appropriate, to execute
sales of the real property or interest therein, provided that a
notice of intention that the county officer or officers will execute
the sale shall be posted in a public place for five working days
prior to effecting the transfer and, at least 10 days prior to
effecting the transfer, the notice shall be published pursuant to
Section 6061 in one or more newspapers of general circulation within
the county and shall be mailed to any person requesting special
notice, to any present tenant of the property, and to all owners of
land adjoining the property. These sales shall be subject to final
approval by the board of supervisors.

25527. If, in the discretion of the board, it is advisable to offer
to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the fact that such a
commission will be paid and the rate thereof shall be specified in
the resolution. No commission shall be paid unless the resolution
specifically provides for the payment of the same and there is
contained in or with the sealed proposal or stated in or with the
oral bid, which is finally accepted, the name of the licensed real
estate broker to whom it is to be paid, and the amount or rate
thereof. Any commission shall, however, be paid only out of money
received by the board from the sale or rental of the real property.

25528. 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 signed by the chairman of the board in three public
places in the county, not less than 15 days before the date of the
meeting, and by publishing the notice in the county pursuant to
Section 6063. In addition, the board may purchase advertising space
and may advertise the proposed sale or lease of the property in such
newspapers, magazines, and other periodicals as, in their judgment,
will best publicize the sale or lease to those persons most likely to
bid for, purchase or lease the property.

25529. Whenever it is proposed to lease real property and the board
of supervisors unanimously determines in the resolution that in its
opinion, the monthly rental value of the property does not exceed the
sum of fifty dollars ($50), the resolution may, before the date of
the meeting, be published in the county pursuant to Section 6062.

25530. At the time and place fixed in the resolution for the
meeting of the board of supervisors, all sealed proposals which have
been received shall, in public session, be opened, examined, and
declared by the board. Of the proposals submitted which conform to
all terms and conditions specified in the resolution of intention to
sell or to lease and which are made by responsible bidders, the
proposal which is the highest shall be finally accepted, unless a
higher oral bid is accepted or the board rejects all bids. In
determining which is the highest sealed proposal, the board shall not
subtract therefrom the commission, if any, which the proposal
provides shall be paid to a licensed real estate broker. If the
highest bid provides for such commission, the board shall pay to the
broker the commission specified in the resolution, as provided in
Section 25527.

25531. Before accepting any written proposal, the board shall call
for oral bids. If, upon the call for oral bidding, any responsible
person offers to purchase the property or to lease the property, as
the case may be, upon the terms and conditions specified in the
resolution, for a price or rental exceeding by at least 5 percent,
the highest written proposal which is made by a responsible person,
such highest oral bid shall be finally accepted. In determining which
is the highest oral bid the board shall not subtract therefrom any
commission to be allowed to a licensed real estate broker, stated in
or with the oral bid, but the board shall allow a commission at the
rate specified in the resolution, as prescribed by Section 25527.
Such commission shall not exceed one-half the difference between the
highest sealed proposal and such highest oral bid, except that if
both the highest sealed proposal and the highest oral bid were
procured by licensed real estate brokers then the commission shall be
divided between them in the manner provided by Section 25532.

25532. In the event of a sale on a higher oral bid to a purchaser
procured by a licensed real estate broker, other than the broker who
submitted the highest written proposal, and who is qualified as
provided in Section 25527 of this code, the board shall allow a
commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written
proposal shall be paid to the broker who submitted it, and the
balance of the commission on the purchase price to the broker who
procured the purchaser to whom the sale was confirmed.

25533. The final acceptance by the board of supervisors may be made
either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.

25534. The board of supervisors may at the session, if it deems
such action to be for the best public interest, reject any and all
bids, either written or oral, and withdraw the property from sale or
lease.

25535. Any resolution of acceptance of any bid made by the board of
supervisors authorizes and directs the president of the board of
supervisors, or other presiding officer, or the members thereof, to
execute a deed or lease and to deliver it upon performance and
compliance by the purchaser or lessee of all the terms or conditions
of his contract to be performed concurrently therewith.

25536. (a) Nothing in this article shall prevent the board of
supervisors of a county from, and the board of supervisors of any
county is empowered to make contracts, acquiring, leasing, or
subleasing property pursuant to Section 1261 of the Military and
Veterans Code, or, by a four-fifths vote of the board, entering into
leases, or concession or managerial contracts involving leasing or
subleasing all or any part of county-owned, leased, or managed
property devoted to or held for ultimate use for airport, vehicle
parking, fairground, beach, park, amusement, recreation, or employee
cafeteria purposes, or industrial or commercial development
incidental thereto or not inconsistent therewith without compliance
with this article.
(b) In addition to the powers provided in subdivision (a), the
County of Monterey may enter into a lease, concession, or managerial
contract involving the leasing or subleasing of all or any part of a
county-owned, leased, or managed property devoted to or held for
ultimate use for juvenile placement.
(c) In addition to the powers provided in subdivisions (a) and
(b), the board of supervisors of a county, by a four-fifths vote of
the board, may sell or lease all or any part of county-owned property
without compliance with this article if the county repurchases or
leases back the property as part of the same transaction. By a
four-fifths vote of the board of supervisors, the county may pledge
specified revenues as security for the payment of obligations
incurred in the repurchase or leaseback of the property.
(d) In addition to the powers provided in subdivision (a), the
Board of Supervisors of the County of San Bernardino, by a
four-fifths vote of the board may directly enter into a lease,
involving all or any part of county-owned, leased, or managed
property devoted for agricultural purposes.

25536.2. Whenever real property has been granted to a county, prior
to January 1, 1942, by gift deed for theatrical, musical or other
cultural purposes, the board of supervisors, in addition to its other
powers, may, from time to time as required by the public interest
and without complying with the other provisions of this article,
enter into an operating lease or management contract with a nonprofit
corporation or association for the maintenance, operation, or
management of such property for uses consistent with the gift deed
and as a place of public assembly for the use, benefit and enjoyment
of the public. The term of any such lease or management contract
shall not exceed 30 years and may be upon such other terms and
conditions as may be agreed upon and as may be required to comply
with the limitations and restrictions upon the use of the property
contained in the gift deed.
The provisions of this section shall apply only to a county with a
population of seven million (7,000,000) or more as shown in the 1970
federal decennial census.

25536.5. The board of supervisors may, by a four-fifths vote, enter
into an agreement with the lessee or concessionaire to amend any
existing lease, sublease, concession, or managerial contract relating
to improved property entered into pursuant to Section 25536 to
permit the permanent improvement or alteration of the county-owned,
-leased, or -managed property at the expense of the lessee or
concessionaire and to permit a credit on rentals or other
reimbursement to the extent thereof during the remainder of the
lease, sublease, concession, or contract.

25536.7. Whenever real property has been operated by a county as an
art institute, the county board of supervisors, in addition to its
other powers, may, without complying with the other provisions of
this article, enter into an operating lease or management contract
with a nonprofit corporation or association or with the governing
board of a public or private school, college or university, or school
or college district, for the management, operation, or maintenance
of such property as a post secondary school of the arts. Any such
lease or contract shall not exceed a term of 99 years and may contain
such other terms and conditions as may be agreed upon, including the
right of the lessee or contractor to use fixtures and personal
property situated on the realty at the date of execution of such
lease or contract and necessary for the operation of the realty.

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.

25537.5. In any county the board of supervisors may prescribe by
order a procedure alternative to that required by Sections 25526 to
25535 of this article for entering into leases, concessions or
managerial contracts involving leasing or subleasing all or any part
of county-owned, leased or managed property devoted to or held for
ultimate use for cafeterias for employees. Any alternative procedure
so prescribed shall require that the board of supervisors advertise
for bids for the proposed lease, concession or managerial contract in
a newspaper of general circulation published in the county in the
manner provided in Section 6063. The board of supervisors in making
the award shall take into consideration the price bid and the ability
of the bidder to supply attractively prepared wholesome food to
employees at prices within the employees ability to pay. The board
may reject all bids.

25538. (a) In counties having a population of 1,000,000 or more,
based on the most recent estimate by the demographic research unit of
the Department of Finance, the board of supervisors may prescribe by
ordinance a procedure alternative to that required by Sections 25520
to 25535, inclusive. The ordinance may designate a county officer or
department head to sell any real property of an estimated value of
twenty-five thousand dollars ($25,000) or less belonging to the
county.
(b) Any alternative procedure shall require that the board of
supervisors adopt and cause to be published pursuant to Section
6061.3, a resolution of its intention to sell the property. The
resolution shall describe the property to be sold in an identifiable
manner; specify the minimum price and the terms upon which it will be
sold; the date on which it will be sold, which shall be not less
than seven days following the completion of publication; fix the
place at which sealed proposals to purchase will be received; and fix
the time and place where the proposals will be opened and declared
and oral bids received. In addition, the board may purchase
advertising space and may advertise the proposed sale or lease of the
property in any newspapers, magazines, and other periodicals to
publicize the sale or lease to those persons most likely to bid for,
purchase, or lease the property.
(c) At the time and place fixed for the opening of bids the county
officer or department head may accept the highest bid, written or
oral, or, if he or she deems the action to be for the best public
interest, he or she may reject any and all bids, either written or
oral, and withdraw the property from sale. No oral bid shall be
accepted unless it is made by a responsible person and exceeds by at
least 5 percent the highest written proposal made by a responsible
person.
(d) The alternative procedure may provide that in the event that
no written or oral proposal is made which is equal to or greater than
the minimum price fixed in the resolution, then for a period of one
year following the date of the resolution, or until the board of
supervisors revokes its authority, the county officer or department
head shall have the authority to negotiate a sale, subject to final
acceptance by the board of supervisors, of the real property to any
person for not less than the minimum price fixed by the resolution.
The alternative procedure may also provide that until the final
acceptance occurs, the county officer or department head may lease
the real property by direct negotiation on behalf of the county on a
month-to-month tenancy, but in no event for more than 12 months,
without first obtaining the approval of the board of supervisors.

25538.1. In counties containing a population of 6,000,000 or more,
the board of supervisors may, by ordinance, authorize any county
officer as is deemed appropriate to take or perform any or all acts
or actions permitted or required of the board by this article and by
subdivision (a) of Section 8355 and Section 8357 of the Streets and
Highways Code with respect to the sale or lease of any real property
of the county. The authorization shall include detailed procedures
governing the county officer in the exercise of that authority. These
sales and leases shall be subject to final approval by the board of
supervisors.

25538.5. (a) Notwithstanding the provisions of this article, the
board of supervisors may adopt an ordinance that designates a county
officer or department head to sell any real property seized and
forfeited pursuant to Chapter 8 (commencing with Section 11470) of
Division 10 of the Health and Safety Code or Chapter 9 (commencing
with Section 186) of Part 1 of Title 7 of the Penal Code.
(b) The ordinance shall require the designated county officer or
department head to cause to be published, pursuant to Section 6063, a
notice of intention to sell the seized and forfeited property. The
resolution shall do all of the following:
(1) Describe the property to be sold in a manner sufficient to
identify the property.
(2) Specify the minimum price and the terms upon which the
property will be sold.
(3) Announce the date on which the property will be sold, not less
than seven days after the completion of the publication.
(4) Fix the place at which sealed proposals to purchase the
property will be received.
(5) Fix the time and place where the proposals will be opened and
declared and oral bids will be received.
(c) At the time and place fixed for the opening of the bids, the
county officer or department head may accept the highest bid, written
or oral. The county officer or department head shall not accept an
oral bid unless it is made by a responsible person and exceeds the
highest written proposal made by a responsible person by at least 5
percent. If the county officer or department head deems the action to
be for the best public interest, he or she may reject any and all
bids, either written or oral, and withdraw the property from sale.
(d) If no written or oral proposal is made which is equal to or
greater than the minimum price fixed by the county officer or
department head, he or she may negotiate a sale with any person for
not less than the minimum price for a period of one year after the
date of the completion of the publication of the notice pursuant to
subdivision (b). The board of supervisors may provide for a shorter
time.

25539. In any county the board of supervisors may prescribe by
order a procedure alternative to that required by Sections 25526 to
25535 of this article with respect to the manner in which, and the
location at which, any real property belonging to such county may be
sold. Any alternative procedure so prescribed may require that the
proposed sale of real property be conducted by a county officer, or
his duly authorized representative, and that the proposed sale may be
conducted on the property site. Any such alternative procedure shall
provide that, except with respect to the person conducting the sale
and the location at which the sale is to be conducted, all of the
provisions of this article with respect to: (1) the adoption of a
resolution of intention; (2) the giving of notice of the adoption of
the resolution and the time and place of sale; (3) the examination of
the proposals and the acceptance of the highest bid; (4) the
procedure for calling for oral bids; and (5) the acceptance or
rejection of bids, shall be applicable to the alternative procedure
so prescribed and that any final acceptance of a bid by the person
conducting the sale shall be subject to the approval of the board of
supervisors by resolution authorizing and directing the execution of
the deed as provided in Section 25535 of this article.

25539.1. The Legislature hereby finds that many persons and
families of low or moderate income, as defined by Section 50093 of
the Health and Safety Code, cannot afford to purchase housing in the
conventional housing market. The Legislature also recognizes that
counties occasionally acquire residential property requiring
substantial rehabilitation prior to being deemed habitable. Since
maintenance of existing housing stock and the extension of
opportunities for homeownership are desirable objectives, the
Legislature declares that the public interest would be well served if
counties were empowered to sell such residential property at less
than market value to such persons and families of low or moderate
income, on condition that the purchaser rehabilitate the home and
reside therein for a specified length of time.

25539.2. When the legislative body of a county finds the public
interest and convenience require the sale for less than the market
price of residential property acquired by the county, it may pass an
ordinance providing for such sale. The ordinance shall set forth the
procedure to be followed in completing such sales, including the
qualifications required of a purchaser of such property, and shall
contain provisions requiring that the purchaser of the property live
in the property for a specified length of time and must rehabilitate
such property to the extent specified in the ordinance; provided,
however, that title to the property shall not be transferred until
all the requirements set forth in the ordinance have been satisfied.
Upon the transfer of title by the county pursuant to any ordinance
adopted under the provisions of this section, compliance with the
requirements of the ordinance shall be conclusively presumed in favor
of a bona fide purchaser or encumbrancer for value. Persons eligible
to purchase such residential property shall be persons and families
of low or moderate income, as defined by Section 50093 of the Health
and Safety Code. To the greatest extent possible, counties shall
utilize such ordinances to assist very low income households, as
defined by Section 50105 of the Health and Safety Code, and lower
income households, as defined by Section 50079.5 of the Health and
Safety Code.

25539.3. Notwithstanding any other provision of law, the board of
supervisors of a county of the 34th class may lease to employees of
the county, without competitive bidding, county dwellings in
locations which the board of supervisors deems to be remote, if the
board of supervisors determines that it is necessary to assign the
employees to such remote location.

25539.4. (a) The Legislature recognizes that real property of
counties can be utilized, in accordance with a county's best
interests, to provide housing affordable to persons or families of
low or moderate income. Therefore, notwithstanding any other
provision of law, whenever the board of supervisors determines that
any real property or interest therein owned, or to be purchased, by
the county can be used to provide housing affordable to persons and
families of low or moderate income, as defined by Section 50093 of
the Health and Safety Code or as defined by the United States
Department of Housing and Urban Development or its successors, and
that this use is in the county's best interests, the county may sell,
lease, exchange, quitclaim, convey, or otherwise dispose of the real
property or interest therein at less than fair market value, or
purchase an interest in the real property, to provide that affordable
housing without complying with other provisions of this article.
(b) Not less than 80 percent of the area of any parcel of property
disposed of pursuant to the provisions of this section shall be used
for the development of housing.
(c) Not less than 40 percent of the total number of those housing
units developed on any parcel pursuant to this section shall be
affordable to households whose incomes are equal to or less than 75
percent of the maximum income of lower income households, and at
least half of which shall be affordable to very low income
households.
(d) Dwelling units produced for persons and families of low or
moderate income under this section shall be restricted by regulatory
agreement to remain continually affordable to those persons and
families for the longest feasible time, but not less than 30 years,
pursuant to a method prescribed by the county.
(e) The regulatory agreement shall contain a provision making the
covenants and conditions of the agreement binding upon successors in
interest of the housing sponsor. The regulatory agreement shall be
recorded in the office of the county recorder of the county in which
the housing development is located. The regulatory agreement shall be
recorded in the grantor-grantee index to the name of the property
owner as grantor and to the name of the county as grantee.
(f) The definitions of "persons and families of low and moderate
income," "lower income households," and "very low income households"
set forth in Sections 50079.5, 50093, and 50105 of the Health and
Safety Code shall apply to this section.

25539.6. (a) Notwithstanding any other provision of law, the board
of supervisors of a county of the 16th class may lease, for a term of
one year or more and without competitive bidding, county-owned
residential dwellings having an estimated monthly rental of not
exceeding seven hundred dollars ($700), which the board of
supervisors determines not to be necessary for public use. If a lease
is entered into without competitive bidding, the actual monthly
rental in the executed lease shall not exceed eight hundred dollars
($800), and the lease shall be renewable by the lessee for at least
one additional term.
(b) The Legislature finds that unique and special circumstances
exist in Santa Barbara County for which a general statute cannot be
made applicable. In Santa Barbara County, dwellings are located on
county parcels which are used to provide public services.
The Legislature further finds and declares that the dwellings were
once used for employee housing. The need for employee housing in
such dwellings has ceased, while the parcels on which they are
located are still needed for public service. Therefore, the
Legislature finds and declares that conditions are such that a lot
split or subdivision of the dwelling from the parcels is impractical.

25539.10. Notwithstanding any other provision of law, the board of
supervisors of a county of the 15th class may sell, trade, or lease
property near the county courthouse in conjunction with a
lease-purchase agreement for a replacement facility through an open
and competitive request-for-proposal process.