Sonoma County Municipal Code § 2-172 Excluded leases or licenses

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Editor's note— Ord. No. 6087, § I, adopted Oct. 28, 2014, repealed the former Art. XVII, §§ 2-170—2-173, and enacted a new Art. XVII as set out herein. The former Art. XVII pertained to procedure for leasing county real property and derived from Ord. No. 4647 § 3, adopted 1993; Ord. No. 3309 § 1; Ord. No. 5901, § 1, adopted Sept. 14, 2010; and Ord. No. 6087, § I, adopted 2014.

The board of supervisors of the county of Sonoma, pursuant to the provisions of Government Code Section 25537, hereby prescribes procedures for the leasing or licensing of real property belonging to Sonoma County.

(Ord. No. 6087, § I, 10-28-2014)

The board of supervisors shall either accept the highest proposal for the proposed lease or license submitted in response to a call for bids posted in at least three (3) public places for not less than fifteen (15) days and published for not less than two (2) weeks in a newspaper of general circulation, or reject all bids, except that leases or licenses of a cumulative duration not exceeding ten (10) years and having an estimated monthly rental of not exceeding ten thousand dollars ($10,000.00) shall be excluded from the bidding procedure. Procedures for such excluded leases or licenses are set forth in Section 2-172.

(Ord. No. 6087, § I, 10-28-2014)

(a) Authority. The board of supervisors authorizes (1) for all county property, the public infrastructure director; (2) for county property managed by the regional parks department, the regional parks director; and (3) for county property managed by the Sonoma County Airport, the airport manager; (hereinafter collectively referred to as "directors" or singularly as "director"), to negotiate and execute, on behalf of the county, in a form approved by county counsel, leases or licenses where the actual monthly rental of the executed lease or license shall not exceed ten thousand dollars ($10,000.00) and the term of the executed lease or license, including any renewal term(s), shall not exceed a cumulative total of ten (10) years. During the term of such lease or license, each director shall have authority, as to those leases or licenses he or she is authorized to execute hereunder, to enforce the provisions of those leases or licenses on behalf of the county, including, without limitation, the right to terminate, authorize tenant improvements, and withhold deposit funds, provided that the director determines, upon consultation with county counsel, that such remedies are in the best interest of the county and are otherwise consistent with the provisions of the lease or license.

(b) Nothing in this Section 2-172 shall be construed to authorize a director to make county real property available at less than market rate to any person or entity without a determination by the board of supervisors pursuant to applicable law, including but not limited to a determination that the program to be supported by such consideration is necessary to meet the social needs of the population of the county and that the county property is not and, during the time of possession, will not be needed for county purposes, in accordance with Government Code section 26227.

(c) Notice. Notice for excluded leases or licenses shall be provided in accordance with Government Code section 25537.

(d) In accordance with Government Code section 25537, the authority granted by this article to each director shall expire on June 20, 2029. Upon the expiration of this article, each director shall submit to the board a summary report of the property interests leased or licensed under this authority.

(Ord. No. 6482, § I, 5-21-2024; Ord. No. 6293, § I, 11-12-2019; Ord. No. 6087, § I, 10-28-2014)

The board of supervisors of the county of Sonoma, pursuant to provisions of Government Code Section 26109, hereby authorizes the sale of advertising space on county real or personal property, including county websites, subject to such policies and procedures as may be adopted by the board, by resolution, from time to time.

(Ord. No. 6087, § I, 10-28-2014)

(a) The board of supervisors of the county of Sonoma, pursuant to the provisions of Government Code section 25526.6, hereby authorizes the directors specified in Section 2-172 above for the respective county properties specified in Section 2-172 above to negotiate and convey a 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 to any public utility corporation in the manner and upon the terms and conditions as that director determines or prescribes after consultation with county counsel, upon a finding by that director 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, provided that the license or permit is approved as to form by county counsel and, further, that the interest in county real property so conveyed does not exceed a total nonrenewable term of twelve (12) months.

(Ord. No. 6087, § I, 10-28-2014)

Nothing in this Article XVII shall be construed to divest the board of its authority to convey interests in real property belonging to Sonoma County in accordance with procedures prescribed by state or local law, including, but not limited to, Government Code Section 25536, whereby the Board may, by four-fifths (⅘) vote, but without compliance with other Government Code procedures for leasing or licensing of County property, enter into leases, concession, or managerial contracts involving the leasing or subleasing of any part of county-owned, leased, or managed property devoted to or held for certain uses, including airport, vehicle parking, fairground, beach , park, amusement, recreation, or employee cafeteria purposes. Pursuant to Government Code Section 25536, the board may approve form leases, licenses and permits for the specified county properties and may authorize county staff to execute the same.

(Ord. No. 6087, § I, 10-28-2014)