Sutter County Municipal Code Ch. 26 Sale or Lease of County-Owned Real Property

There is hereby established a procedure alternative to that required by the provisions of Sections 25526 through 25535 of the California Government Code with respect to the sale, lease or license of real property belonging to the County of Sutter. This Chapter shall apply to all county-owned or leased real property except the Veterans Memorial Community Building for which the provisions of Chapter 81 of the Sutter County Ordinance Code shall apply.

When the Development Services Department Director or his/her designee deems it advisable to lease or license real property owned by the County, he/she shall determine the appropriate procedure for leasing or licensing of the real property. As an alternative to the procedure required by Government Code §§ 25526 through 25535, inclusive, for the leasing or licensing of real property belonging to, or leased by the County, the General Services Department Director may utilize the procedures in this Chapter.

([584]) Ord. 1585, Sec. 4, May 28, 2013)

The General Services Department Director or his/her designee is authorized to post a call for bids for a lease or license of real property in at least three public places for not less than 15 days and to publish the same for not less than two weeks in a newspaper of general circulation published in the County. Such call for bids shall contain a description of the property to be leased and the minimum acceptable terms of the lease. The Board of Supervisors shall either accept the highest proposal for lease submitted in response to the call for bids or reject all bids. If a proposal is accepted, a lease shall be in writing and shall be approved as to form by the County Counsel.

([584]) Ord. 1585, Sec. 4, May 28, 2013)

(a) At the discretion of the General Services Department Director or his/her designee, a lease or license of a duration not exceeding ten years and having an estimated monthly rental amount not exceeding ten thousand dollars ($10,000.00) may be excluded from the formal bidding procedures set forth in Government Code §§ 25526 through 25535 and the informal bidding procedures set forth in Section 26-030 above. If excluded from these bidding procedures, the General Services Department Director or his/her designee shall negotiate the terms of the lease or license in the name of the County.

(b) If the lease or license is excluded from both the formal and informal bidding procedures, notice shall be given pursuant to California Government 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.

(c) If the lease or license is excluded from both the formal and informal bidding procedures, the actual monthly rental amount in the executed lease or license may not exceed ten thousand dollars ($10,000.00), the term of the executed lease or license shall not exceed ten years, and the lease or license shall not be renewable.

([584]) Ord. 1585, Sec. 4, May 28, 2013)

Pursuant to the provisions of California Government Code Sections 25536 and 25536.5, the Board of Supervisors, by a four-fifths vote, may enter into leases and licenses without competitive bidding and without compliance with this Chapter under the following circumstances:

(a) Leases or subleases of county-owned 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, or uses incidental to these purposes;

(b) Concession or management contracts involving the leasing or subleasing of all or any part of county-owned, leased, or managed property for use for airport, vehicle parking, fairground, beach, park, amusement, recreation, or employee cafeteria purposes, or industrial or commercial development;

(c) Leases in which the County repurchases or leases back the property as part of the same transaction;

(d) Agreements with a lessee to amend any existing lease or sublease relating to improved property to permit the permanent improvement or alteration of the county-owned or leased property at the expense of the lessee or concessionaire and permit a credit on rentals or other reimbursement during the remainder of the lease or sublease.

Any notice required under any Section of this Chapter shall additionally 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 the Clerk of the Board of Supervisors. A fee may be authorized and revised from time to time by resolution of 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.

Pursuant to Section 25539 of the California Government Code, the Board of Supervisors may require that a proposed sale of County-owned real property be conducted by the General Services Department Director, or his/her duly authorized representative, and that the proposed sale may be conducted on the property site. 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 Article 8, Chapter 5, Part 2, Division 2 of Title 3 of the California Government Code with respect to: (1) the adoption of 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 bidding procedure prescribed herein. 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 the California Government Code.

([584, 1531 Ord. 1585, Sec. 4; May 28, 2013)