Sacramento County Municipal Code Ch. 2.62 Leasing County Property

Note: For statutory provisions pertaining to the sale or lease of real property, see Gov. Code § 25520 et seq.

As an alternative to the procedure required by Government Code Sections 25526 to 25535, inclusive, for the leasing of any real property belonging to, or leased by the County, the Board of Supervisors may post a call for bids 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. The Board shall either accept the highest proposed lease submitted or reject all bids. All leases shall be in writing and shall be approved by the County Counsel.

(SCC 1073 § 1, 1997)

As an alternative to the bidding procedure established under Section 2.62.005 of this chapter, any nonresidential real property owned by the County, together with any or all improvements thereon, may be leased by the County to another entity without compliance with the formal bidding procedures otherwise required by the Government Code of the State of California; provided: (a) notice is given as herein set forth, and provided further that (b) the terms of the lease do not exceed 10 years in duration and $5,000 in monthly rental, and state that the lease is not renewable. For the purposes of this section notice shall be given pursuant to Government Code Section 6061, and shall be posted in the office of the County Clerk. The content of the notice shall: (i) describe the real property proposed to be leased by the County; (ii) the terms of the lease; (iii) the location where offers to lease the property will be accepted; (iv) the location where leases will be executed; and (v) the identity of any County official authorized to execute the lease. Additionally, the above notice shall be mailed or delivered at least 15 days prior to accepting offers to lease to any person who has filed a written request for notice with either the Clerk of the Board of Supervisors or with any other person designated by the Board of Supervisors to receive these requests. A fee may be authorized and revised from time to time by the Board of Supervisors in an amount reasonably related to the costs of providing this service. Any request for such notice must be renewed annually.

(Ord. 794 § 1, 1962; SCC 78 § 1, 1972; SCC 0738 § 1, 1988; SCC 1073 § 2, 1997)

Commercial and industrial buildings owned by or leased to the County may be leased without compliance with the formal bidding procedures otherwise required by the Government Code of the State of California; provided: (a) notice is given as herein set forth, and provided further that (b) the terms of the lease do not exceed 10 years in duration and $10,000 in monthly rental; however, such lease may provide that subsequent to execution, annual increases in monthly rent which result in rent above $10,000 are permitted if those increase are proportional to changes in the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics. For the purposes of this section notice shall be given pursuant to Government Code Section 6061.3. The content of the notice shall: (i) describe the real property proposed to be leased; (ii) the terms of the lease; (iii) the location where offers to lease the property will be accepted; (iv) the location where leases will be executed; and (v) the identity of any County official authorized to execute the lease. Any sublease shall not conflict with the terms of any original lease. Additionally, the above notice shall be mailed or delivered at least 15 days prior to accepting offers to lease to any person who has filed a written request for notice with either the Clerk of the Board of Supervisors or with any other person designated by the Board of Supervisors to receive these requests. A fee may be authorized and revised from time to time by the Board of Supervisors in an amount reasonably related to the costs of providing this service. Any request for such notice must be renewed annually. In the event that the authority set forth in Government Code Section 25537.1 is not extended or reenacted prior to the date it becomes inoperative, this section shall become inoperative on July 1, 1999. However, pursuant to Government Code Section 27737.1(e) the provisions of leases executed pursuant to this section shall remain effective for the duration of the lease as if this section were still in effect.

(SCC 1073 § 3, 1997)

Except as set forth herein, the Administrators of the Municipal Services Agency or Administrative Services Agency, or their designee shall negotiate the terms and conditions and execute on behalf of the County all leases which are subject to the provisions of Section 2.62.010; provided, such leases do not exceed five years in duration and $7,500 in monthly rental. Concerning property held by the County ultimately for airport use, the County's Director of Airports may negotiate the terms and conditions and may execute on behalf of the County leases which are subject to the provisions of Section 2.62.010; provided, such leases do not exceed five years in duration and $7,500 in monthly rental, except that such airport property leases which are primarily for agricultural uses shall be negotiated as to terms and conditions by the Administrators of the Municipal Services Agency or Administrative Services Agency, or their designee. Concerning property held by the County ultimately for park or recreation uses, the County's Director of Regional Parks, Recreation and Open Space may execute on behalf of the County leases which are subject to the provisions of Section 2.62.010; provided, such leases do not exceed five years in duration and $7,500 in monthly rental, except that such park or recreation property leases which are primarily for agricultural uses shall be negotiated as to terms and conditions by the Administrators of the Municipal Services Agency or Administrative Services Agency, or their designee. The authorities delegated herein shall also apply to lease amendments provided that the amendment does not extend the term of the lease and that no more than two amendments are made within a 12 month period. All leases shall be in writing and shall be approved as to legal form by the County Counsel.

(Ord. 794 § 2, 1962; SCC 1073 § 4, 1997; SCC 1466 § 1, 2010; SCC 1606 § 51, 2017)

Except as herein set forth, the Administrators of the Municipal Services Agency or Administrative Services Agency, or their designee shall negotiate the terms and conditions and execute on behalf of the County all leases which are subject to the provisions of Section 2.62.015; provided, such leases do not exceed five years in duration and $7,500 in monthly rental. Concerning property held by the County ultimately for airport use, the County's Director of Airports may negotiate the terms and conditions and may execute on behalf of the County leases which are subject to the provisions of Section 2.62.015; provided, such leases do not exceed five years in duration and $7,500 in monthly rental. The authorities delegated herein shall also apply to lease amendments provided that the amendment does not extend the term of the lease and that no more than two amendments are made within a 12 month period. All leases shall be in writing and shall be approved as to legal form by the County Counsel.

(SCC 1073 § 5, 1997; SCC 1466 § 2, 2010; SCC 1606 § 52, 2017)

All leases subject to this chapter shall, when practicable, be executed by the lessee prior to being submitted to the Board of Supervisors for execution by the County. No lease shall be binding upon the County unless, and until, execution of the lease by the chairman of the Board is approved by the majority vote of the Board of Supervisors.

(Ord. 794 § 3, 1962)

The Director of General Services or designee has the authority to negotiate and execute leases for and by the County of Sacramento subject to the limitations contained in Sections 2.62.010, 2.62.015, 2.62.020, 2.62.025 and 2.62.030. The authority delegated herein shall not be effective for more than five years pursuant to Government Code Section 25350.60.

(SCC 1338 § 1, 2006; SCC 1477 § 5, 2011)

Upon the request of the County's Director of Airports, the County Counsel may initiate and pursue unlawful detainer proceedings against tenants located at properties held by the County ultimately for airport use.

(SCC 1466 § 3, 2010)