SECTIONS 37380-37396 - California Statutes

GOVERNMENT CODE

SECTION 37380-37396

37380. (a) A city may lease property owned or held or controlled by
it, or any of its departments, for not to exceed 55 years.
(b) Notwithstanding the 55-year limitation in subdivision (a), a
city may lease property owned or held or controlled by it, or any of
its departments or boards for a period exceeding 55 years but not
exceeding 99 years, if all of the following conditions are met:
(1) The lease shall be subject to periodic review by the city and
shall take into consideration the then current market conditions. The
local legislative body may, prior to final execution of the lease,
establish the lease provisions which will periodically be reviewed,
and determine when those provisions are to be reviewed.
(2) Any lease entered into pursuant to this section shall be
authorized by an ordinance adopted by the legislative body. The
ordinance shall be subject to referendum in the manner prescribed by
law for ordinances of cities.
(3) Prior to adopting an ordinance authorizing a lease, the
governing body shall hold a public hearing. Notice of the time and
place of the hearing shall be published pursuant to Section 6066 in
one or more newspapers of general circulation within the city, and
shall be mailed to any person requesting special notice, to any
present tenant of the public property, and to all owners of land
adjoining the property.
(4) Any lease shall be awarded to the bidder which, in the
determination of the legislative body, offers the greatest economic
return to the city, after competitive bidding conducted in the manner
determined by the legislative body. Notice inviting bids shall be
published pursuant to Section 6066 in one or more newspapers of
general circulation within the city.
The provisions of paragraphs (2), (3), and (4) do not apply to any
charter city, which may utilize a procedure as specified by charter
or adopted by ordinance in accordance with its charter.

37382. A city may lease city land used for agricultural or
horticultural purposes upon which sewage or waste water is discharged
for not to exceed twenty-five years.

37383. A city may lease city property not acquired for park
purposes for not to exceed thirty-five years for the production of
minerals, oil, gas, or other hydrocarbon substances.

37384. Except when the state grant specifically provides otherwise,
a city may lease tide or submerged lands for not to exceed fifty
years.

37385. A city may lease tide and submerged lands, the wharves,
docks, piers, and other structures or improvements on these lands,
and as much of the uplands abutting upon them as the legislative body
deems necessary for the proper development and use of its waterfront
and harbor facilities, for not to exceed 66 years.

37386. A city may lease such tide and submerged lands and uplands
for:
(a) Industrial uses.
(b) Improvement and development of city harbors.
(c) Construction and maintenance of wharves, docks, piers, or
bulkhead piers.
(d) Other public uses consistent with the requirements of commerce
or navigation in city harbors.

37387. When the legislative body deems that industrial use of such
tidelands and uplands is inimical to the best interest of the city,
it may lease them for park, recreational, residential, or educational
purposes, under conditions not inconsistent with the trust imposed
upon the tidelands by the Constitution.

37388. A city may lease property owned or held or controlled by it
or any of its departments for not to exceed fifty years to any
nonprofit corporation for a housing development on the property.

37389. A city may lease or sublease property owned, leased, or
otherwise controlled by it for not to exceed fifty years for airport
purposes or purposes incidental to aircraft, including:
(a) Manufacture of aircraft, airplane engines, and aircraft
equipment, parts, and accessories.
(b) Construction and maintenance of hangars, mooring masts, flying
fields, signal lights, radio equipment, service shops, conveniences,
appliances, works, structures, and other air navigation, aircraft,
and airplane engine manufacturing plants and facilities.

37390. A city may lease sewage and sewage effluent for not to
exceed fifty years.

37391. A city or any of its departments may lease or sublease land
to the State or any of its political subdivisions, or any nonprofit
corporation, for fair, exposition, celebration, or exhibition
purposes, for not to exceed fifty years.

37392. A city or any of its departments may lease or sublease land
to the state for housing personnel and equipment, or to the State
Adjutant General for military or armory purposes, for not to exceed
99 years.

37392.1. A city, district, or other public corporation, acting
individually or jointly with others, may lease sewers and sewage
treatment and disposal facilities, and any land, rights of way, or
other property appurtenant thereto, to any other city or to any
county, city and county, municipal corporation, public district,
sanitation district or other public corporation, or any two or more
of them acting jointly, for any term or in perpetuity. A city,
district or other public corporation, acting individually or jointly
with others, may grant to any other city or to any county, city and
county, municipal corporation, sanitation district, public district
or other public corporation, or any two or more of them acting
jointly, a perpetual right of use, or right of use for any term, in
any such facilities, land or other property.

37392.2. Notwithstanding Section 718 of the Civil Code, a city may
lease any of its lands to a county, county water authoritiy, or
special district for the purpose of constructing, operating,
maintaining, and replacing a dam, reservoir, and appurtenant
facilities to collect, divert, and store water for all beneficial
uses, including development of power, flood control, and recreational
uses. The lease may be for any term, but not to exceed the time
during which the lands are devoted to the purposes and uses
authorized by this section.

37393. A lease of an interest in real property of a city shall be
recorded in the office of the recorder of the county in which the
property is located.

37394. A city or city and county may lease property owned, held or
controlled by it for not to exceed 55 years, if the contemplated use
of the property is for off-street parking purposes. This section is
applicable to any lease executed on or after January 1, 1986.

37395. A city may lease for not to exceed 55 years property owned,
held, or controlled by it, or any of its departments, for commercial
development for business purposes, when the governing body determines
by ordinance or resolution that the property is not required for
other city purposes. This section is applicable to any lease executed
on or after January 1, 1986.

37396. (a) A city, county, or city and county may lease property
owned, held, or controlled by it for not to exceed 99 years, for
stadium, park, recreational, fair, exposition, or exhibition
purposes, or for general sports purposes such as training and
competitive sports.
(b) On and after April 24, 2002, a lease executed pursuant to this
section on territory annexed pursuant to Section 56472, may not
include a shopping center, hotel, motel, or lodging house, but may
include a lease for all other purposes authorized under this section,
including a lease for either or both of the following purposes:
(1) Any dormitory or medical facility that exclusively, except in
the case of a medical emergency, serves individuals participating in
training or competitions held at the site leased pursuant to
subdivision (a).
(2) Any food facility, as defined by Section 113785 of the Health
and Safety Code, food vending, and sales of goods and services
incidental to, and in support of, the purposes of the lease.
(c) A lease made by a county pursuant to this section is subject
to Article 8 (commencing with Section 25520) of Chapter 5 of Part 2
of Division 2 of Title 3.