§ 2.42.100. Process for leasing City real property.

A.

Notice. Notice of the proposed lease of City real property shall be published in the official newspaper of the City, or posted on the City's website, unless the City Administrator or designee elects to list the property with a broker or listing service.

B.

Approval by Ordinance. Per Section 219(6) of the Charter, all leases of City-owned real property by the City must be authorized by an ordinance enacted by the City Council, except as provided below. An ordinance may authorize a specific lease of a specific City property, or may authorize general leasing of City property by the City Administrator under parameters provided for in the ordinance.

C.

Administrative Authority. Notwithstanding the above, the City Administrator or his or her designee is delegated the full and complete authority to lease City real property in any of the following circumstances:

1.

The lease is required by an agency of the state or federal government;

2.

The lease is for real property that is undeveloped and less than five thousand (5,000) square feet in land area;

3.

The lease is for less than two thousand (2,000) square feet of leasable space;

4.

The real property was formerly owned by the Redevelopment Agency or ORSA, and the Redevelopment Agency or ORSA governing body delegated the authority to lease the real property to the administrative staff of the respective agency by resolution; or

5.

The lease is for a term of one (1) year or less. For purposes of this subsection, the term shall be calculated based on the maximum lease term the lessee may claim under the terms of the lease without City approval, including unilateral options on the part of the lessee to extend or renew the term. The execution of a month-to-month lease, a lease with a lease term of one (1) year or less that includes an option on the part of the City to extend the lease term past one (1) year, or an agreement or exercise of option to extend a lease term past one (1) year shall not require Council approval, if, after the first year of the lease term, the lease permits the City to terminate the lease unilaterally for any reason upon notice of thirty (30) days or less.

The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the lease of such real property and take other actions necessary to complete such lease. No further City Council action is required for such leases.

(Ord. No. 13287, § 3, 1-6-2015)