Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  23-000875

 

MEETING DATE:

12/05/23

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Thomas A. Miller (714) 834-6019 

 

 

Daniel Leung  (714) 834-3702

 

 

Subject:  Delegated Authority to Execute Revenue Leases and Licenses

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Resolution to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     N/A

County Audit in last 3 years: No

   Levine Act Review Completed: N/A

 

    Prior Board Action:         1/8/2019 #23

 

RECOMMENDED ACTION(S):

 

 

1.

Adopt the attached Resolution to delegate the Chief Real Estate Officer or designee the authority to execute revenue leases and licenses of County property that meet specific criteria and perform other activities as specified in the Resolution.

 

2.

Direct the Chief Real Estate Officer or designee to submit an annual report of transactions executed under this authority as specified in the Resolution.

 

 

 

 

SUMMARY:

 

Adoption of the attached Resolution renews authority that permits the Chief Real Estate Officer or designee to execute leases and licenses of County property when the term does not exceed 10 years and the lease or license rental amount does not exceed $17,500 per month, which will assist in reducing administrative costs and processing time when completing minor real estate transactions.

 

 

 

 

BACKGROUND INFORMATION:

 

On January 8, 2019, the Board of Supervisors (Board) approved Resolution No. 19-002, which delegated the authority to execute short term revenue leases and licenses of County property to the Chief Real Estate Officer or designee. Government Code Section 25537 authorizes the Board to prescribe by Ordinance an alternate to the procedure required by Code Sections 25526 to 25535 for the leasing and licensing of any County real property for a term not exceeding 10 years and allows the Board to set the authorized rental amount. Pursuant to section 1-4-154 of the Orange County Codified Ordinances (Ordinance No. 03-001) adopted by the Board, an alternate procedure was so established. Previously, Resolution 19-002 set the maximum dollar amount at $15,000 per month.  By law, the Board’s delegation of its authority to execute such leases and licenses is limited to five years.  Therefore, the prior delegated authority granted in 2019 by the Board in Resolution No. 19-002 will expire on January 8, 2024. 

 

Over the past five years, real estate values and rents have risen significantly. Based on an analysis of the Consumer Price Index, a three percent annual appreciation rate is considered reasonable and appropriate for purposes of establishing a new valuation threshold for revenue leases and licenses authorized under delegated authority. Accordingly, CEO Real Estate is requesting that the new authority be set at $17,500 per month in rental to facilitate CEO Real Estate’s service to the County’s many departments.  This will likely only result in a few additional leases or licenses being executed annually under delegated authority but will assist in minimizing administrative costs.

 

Government Code Section 25537 and the proposed Resolution require that at least five working days prior to the proposed execution of a lease or license, the Chief Real Estate Officer or designee will provide notice to the office of the supervisorial district in which the property proposed to be leased or licensed is located. In accordance with the code section, if the supervisorial district office has not responded to the notification in writing objecting to the proposed agreement within five working days, the proposed agreement shall be deemed approved by the district office.

 

Use of delegated authority continues to substantially reduce administrative processing time, thereby allowing the County of Orange to provide enhanced customer service when processing minor revenue lease and license transactions. All aforementioned transactions executed under this authority will be reported to your Board annually.

 

Compliance with CEQA: The subject activity is not a project as defined by CEQA pursuant to Section 15378 of the CEQA Guidelines.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - Resolution
Attachment B - Resolution No. 19-002
Attachment C - Government Code Section 25537
Attachment D - Government Code Sections- 25526-25535
Attachment E - Ordinance No. 03-001 and Codified Ordinance 1-4-154