Appendix B
4/5ths and Unanimous Vote Requirements
| Subject | Vote | Code | Description |
|---|---|---|---|
| Off Agenda Action |
Unanimous | Gov Code §54954.2(b)(2) |
To consider an item not on the Agenda, the Board must make findings that the need to take action arose after the Agenda was posted. The vote requires at least four votes of the Board if two-thirds of the members are present. If less than two-thirds are present, it requires a unanimous vote. |
| Airport | 4/5 | Gov Code §26021 | Property acquisition for airport purchases by purchase, condemnation or lease; resolution for County aid. |
| Airport | 4/5 | Gov Code §26026 | Contribute money to the United States for the acquisition or improvement by the United States or any of its authorized agencies of airports in the county. |
| Bonds | Gov. Code §§26880, 26885, 26946, 29917, 53595.20, 53345.8; Sts. & Hwys Code §§9132, 5227, 10355, 9534.5; Ed. Code §15145; Pub. Util. Code §§99100, 99102, 99118, 99119 | There are many special voting requirements and other processes required for bonds. Please check with counsel. | |
| Bridges | 4/5 | Pub. Contract §20405(c) | Modify the plans, specifications and working details of bridge construction contracts. |
| Budget | 4/5 | Gov Code §29088 | Changes to proposed budget after budget hearing but prior to final budget. |
| Budget | 4/5 | Gov Code §29125 | The following transfers and revisions to the adopted appropriations require a 4/5 vote: (1) between funds; or (2) transfers from appropriation for contingencies. |
| Budget | 4/5 | Gov Code §29127 | Adopt resolution necessary to appropriate and expend funds necessary to meet specific emergencies. |
| Budget | 4/5 | Gov Code §29130 | Make available for appropriation any of the following fund balances: a) Restricted, committed, assigned, and unassigned fund balances, excluding the general reserves and non spendable fund balance. b) Amounts that are either in excess of anticipated amounts or not specifically set forth in the budget derived from any actual or anticipated increases in financing sources. |
| Collections | 4/5 | Gov Code §26220(a) and (b) | a) Assign for the purpose of collection any or all delinquent bills, claims and accounts, and any or all money judgments taken in the name of the County. b) Assign for the purpose of collection any or all delinquent or unsecured taxes. |
| Condemnation/ Eminent Domain |
4/5 | Code of Civ. Pro §1245.240 | Adopt a resolution of necessity prior to commencing an eminent domain proceeding. |
| Contracts | 4/5 | Pub. Contract Code §20128 | Modify terms of a construction contract. |
| Contracts | 4/5 | Pub. Contract Code § 20135 | Alter or change in any manner the plans and specifications previously adopted by the Board for the erection, alteration, construction, or repair of any public building or structure, where such alteration or change increases cost. |
| Contracts | 4/5 | Pub. Contract Code §20136 | Adopt an order to alter or change a contract that is for the erection, construction, alteration or repair of any public building or other structure. |
| Contracts | 4/5 | Pub. Contract Code § 20137 | Contracts for the erection, construction, alteration, or repair of any public building or other structure: the Board may authorize a change if it does not exceed 10% of the original contract price. |
| Contracts | 4/5 | Pub. Contract Code § 20150.10 | Adopt a resolution declaring that a project can be performed more economically by County personnel, or, that in the Board’s opinion, a contract to perform the project can be negotiated with the original bidders at a lower price than that in any of the bids, or the materials or supplies furnished at a lower price in the open market. |
| Contracts | 4/5 | Pub. Contract Code § 22038(a)(2) | After rejection of bids, adopt a resolution that declares that a project can be performed more economically by the employees of the agency. |
| Contracts | 4/5 | Pub. Contract Code §22050(a)(1) | In the case of an emergency, repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. (See also Pub. Contract Code §22035.) |
| Contracts | 4/5 | Pub. Contract Code §22050(b)(1) | Adopt a resolution or ordinance that delegates to the appropriate county administrative officer, chief engineer or other non elected agency officer, the authority to order any action pursuant to the emergency powers described in (a)(1) above. |
| Contracts | 4/5 | Pub. Contract Code §3400(c)(4) | Use of specific brand/trade name (without "or equal") in the invitation of bids or requests for proposals in order to respond to an emergency declared by a local agency by a four-fifths vote. |
| Counsel | 4/5 | Gov. Code § 25203 | Employ counsel to assist the district attorney, county counsel or other counsel for the county or public entity for which the Board is the governing body. |
| Flood Control, Maintenance and Sanitation District | 4/5 | Gov. Code § 23014 | Adopt a resolution appropriating any of its available moneys to a revolving fund (not to exceed $500,000) to be used by any county sanitation district, county flood control district, or county district maintenance district located wholly within the county for certain purposes. |
| Legislation | 4/5 | Gov. Code §25123(d); Elec. Code §9141(a)(4) | Adopt ordinances that are for the immediate preservation of the public peace, health or safety, which contain a declaration of the facts constituting the urgency, in which case the ordinance shall take effect immediately. |
| Parks | Unanimous | Gov. Code §25583 | Adopt a resolution of intention to abandon a park or a portion of a park and fix a time when it will meet to take final action. |
| Parks | 4/5 | Gov. Code §25553 | Find that the enlargement or improvement of the public park, beach, golf course or recreation ground is of general county interest or that the cost of maintenance is increased by reason of use by residents of the county outside of the city, such that the Board may determine to extend aid to city parks. |
| Planning | 4/5 | Gov. Code §65858 | Adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal. Any extension of time on the interim ordinance also requires a 4/5 vote. |
| Planning | 4/5 | Pub. Util. Code §§ 21676, 21676.5 | Overrule an airport land use commission's determination. |
| Property | Unanimous | Gov. Code §25363 | Cash sale or lease of any property not required for public use at a noticed public auction (4/5ths vote); sale or lease at an unadvertised, private sale can be authorized by simple majority, but only after the Board unanimously finds that the value of the property does not exceed $500, monthly rental value is less than $75 or it is a product of a County farm. |
| Property | Unanimous | Gov. Code §25550 & §25550.5 | Conveyance of county property to city for public park purposes. |
| Property | 4/5 | Gov. Code §25365(a) | Convey to another governmental agency within the county any real or personal property. |
| Property | 4/5 | Gov. Code §25365(b) | Exchange real property with any person, firm or corporation for the purpose of removing defects in the title or where the real property is not required for county use and the county to be acquired is required for county use. |
| Property | 4/5 | Gov. Code §25515.2(c) | Action to approve any sale, lease, lease with option to purchase, development or contract agreement for public property after a request for proposals. |
| Property | 4/5 | Gov. Code §25536(a) | Enter leases, concession or managerial contracts involving leasing or subleasing county-owned, leased or managed property devoted to or held for certain purposes. |
| Property | 4/5 | Gov. Code §25536(c) | Sell or lease county-owned property without complying with Article 8 "Sale or Lease of Real Property" if the county repurchase or leases back the property as part of the same transaction. Pledge specific revenues as security for the payment of obligations incurred in the repurchase or leaseback of the property. |
| Property | 4/5 | Gov. Code §25536.5 | Approve an agreement to amend a lease, sublease, concession or managerial contract entered to permit a permanent improvement or alteration of property at the expense of the lessee or concessionaire and to permit a credit on rentals or other reimbursement. |
| Property | 4/5 | Gov. Code §25526 | Adopt a resolution declaring intent to sell or lease property. |
| Property | 4/5 | Gov. Code §53867 | Determines that property cannot be sold for a sum at least equal to the total of the amount paid, all accrued penalties and delinquencies, and necessary expenses incurred, the local agency may sell the property or lien for less than such total but not less than the fair market value of the property or lien. |
| Roads | Unanimous | Sts. & Hwy Code §1026(c) | County aid to road districts: order the expense of material for highway construction to be paid out of the county general fund. |
| Special Assessment Districts | 4/5 | Sts. & Hy. Code §§ 2808.5, 2808.6, 2808.7 | There are several statutory special vote requirements related to special assessment districts. Please consult with County Counsel. |
| Special Purpose District |
Unanimous | Gov. Code § 26909, subd. (b) | Approve a unanimous request made by the governing board of a special district to replace an annual audit with another specified audit. |
| Streets and Highway |
4/5 | Sts. & Hwy. Code §942 | Let county equipment used in the maintenance and construction of county roads, when such equipment is not in use upon the roads under the jurisdiction of the board, and may charge for the use thereof a rental, and arrange the basis of compensation, in keeping with the general conditions prevailing in the county in which the transaction is made. |
| Streets and Highway |
4/5 | Sts. & Hwy. Code § 969.5 | Adopt a resolution that determines that the general county interest demands the improvement or repair of a privately owned road. |
| Streets and Highway |
4/5 | Sts. & Hwy. Code § 1070 | Determine that the public convenience and necessity demand the acquisition or construction of a new county highway or improvement, repair or maintenance of any existing county highway, and the expense of such new highway or the expense of improving, repairing, or maintaining such existing highway is too great to pay out of the road fund of the district (such that the Board may adopt a resolution to make such acquisition or do such work and charge the expense to the county general fund, the road fund of the county, or the district fund of any district benefited). |
| Streets and Highway |
4/5 | Sts. & Hwy. Code § 1627 | Adopt a resolution that establishes a "county highway right of way acquisition revolving fund" for acquiring rights of way for county highway purposes through purchase or condemnation. |
| Streets and Highway |
4/5 | Sts. & Hwy. Code §§ 1680, 1686 | Adopt a resolution that determines that certain activities are of general county interest and that county aid may be extended to cities for city streets. |
| Streets and Highway |
4/5 | Sts. & Hwy. Code § 1700 | Adopt a resolution that declares any highway lying in whole or in part within a city to be a county highway for one or more of the following purposes: acquisition of rights-of-way, construction, maintenance, improvement, or repair. |
| Tax | 4/5 | Gov. Code § 53724 | Approve an ordinance or resolution that proposes a tax that is subject to approval by the voters pursuant to Government Code section 53722. |
| Tax | 4/5 | Rev. & Tax. Code § 7285 | Approve ordinance proposing a transactions and use tax for general purposes. |
| Tax | 4/5 | Rev. & Tax. Code § 7285.5 | Adopt ordinance regarding a transactions and use tax for specific purposes. |