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HomeMy WebLinkAbout23 - Acquisition of Surplus School District PropertyAGENDA ITEM NO. 22 CITY OF NEWPORT BEACH BYThE CITY COUNCIL CITY OF NEWPORT BEACH Office of the City Manager September 9, 1996 $W 91996 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: Kevin J. Murphy, City Manager Pq SUBJECT: ACQUISITION OF SURPLUS SCHOOL DISTRICT PROPERTY BACKGROUND The City received notification recently that the Newport -Mesa Unified School District (NMUSD) will no longer require the use of their property at 1601 East 16th Street in Newport Beach. The site is currently in use as the administrative headquarters for the School District and currently houses the executive staff of the District. The Community Services Director prepared a report and reviewed this matter with the Parks, Beaches and Recreation Commission who has recommended that the City negotiate with the School District for the purchase of the site for the eventual erection of a City indoor recreation facility. A report on the matter is attached from the Community Services Director providing additional details on the site and the reasons the Parks, Beaches and Recreation Commission recommended this action to the City Council. Under the Education Code provisions when a School District declares a site as surplus and prior to sale on the open market, it must offer the site to the local City for other public use. The Education Code also provides that the School District must discount the fair market value of the site. I've attached the relevant portions of the Education Code related to the sale and negotiations. The purpose of this report is to supplement the report of the Community Services Director and highlight my concerns with the recommendation of the Parks, Beaches and Recreation Commission recommendation and ultimately recommend to the City Council that you respectively decline the offer of the NMUSD and permit the District to offer the property on the open market for sale. DISCUSSION The acquisition of the NMUSD surplus property for the purposes outlined by the Community Services Director is certainly a worthy and needed facility within the City's current and future recreational program. However, the need must be -2- balanced against the cost of purchasing, developing and maintaining this site versus other worthy uses of the City's park -in -lieu monies. After weighing the alternatives I've concluded that the acquisition and development of this property would not be the best use of the City's park -in -lieu monies and that there are other alternatives available to the City on the short and long term to serve our indoor recreational needs. I've drawn this conclusion for the following reasons: 1. The City currently has a balance of approximately $400,000 in available park -in -lieu monies and anticipates with the build out over the next two to three years of the Ford/Loral site an additional $2 million pursuant to our Development Agreement for park purposes. It is unlikely that the City will see any additional park -in - lieu monies of any significance since the City will have developed all of the remaining large parcels with the Ford/Loral redevelopment. Thus, the purchase and development of the 16th Street site at an estimated cost of $2.6 million in 1996 dollars will exhaust all available park -in -lieu monies. This will leave the City unable to acquire any other potential park sites in the City without the use of City General Funds or donations. The City's current General Fund Stabilization Reserve is below the City Council's current policy of 15% of operating expenditures or approximately $9.5 million and below our former standard of 10% or $6.3 million. 2. Currently, the Community Services Department is rightfully concerned about the future availability of one of the City's two current gymnasiums at Lincoln School; however, the City can and should negotiate for the use of other current public and private gymnasiums available on both sides of the Bay. The City's lease of the Lincoln Athletic Facility has expired and the City staff is currently negotiating with NMUSD for a long term joint use agreement which would satisfy the City's long term needs for indoor recreational facilities. NMUSD has indicated a need for the use of the current Lincoln gymnasium as interim classroom/support facility while NMUSD constructs a new school site in the downcoast area to relieve overcrowded classrooms due to downcoast development. The City was originally told that the City could expect a two year interruption of use of the gymnasium and now it appears that this interruption could be extended based on NMUSD action in the next month which could reduce class sizes in the kindergarten and third grades, in addition to the current classroom size reductions for first and second grades. In recent conversation with the NMUSD Superintendent of Schools Mac Bernd, there has been -3- an expression on his part to work diligently with the City on other interim alternatives for indoor recreational needs of the City during the use of the Lincoln gymnasium for classroom/support use and towards a long term joint use agreement. Nevertheless, within the City there are currently eight indoor gymnasiums including the City's at the West Newport Community Center, one at Ensign Intermediate School, two at Newport Harbor High School, two at Corona del Mar High School, one at Lincoln Elementary School and one owned by the City and under a month to month groundlease to the Boys and Girls Club in the Eastbluff area. The City is currently negotiating with the Boys and Girls Club on a long term groundlease extension which would include joint use by the City during the interim period of time that the School District anticipates the need of the Lincoln gymnasium. The City staff has not actively pursued other options for our programs while we have pursued the use of the Boys and Girls Club facility. In the final analysis it doesn't make good fiscal sense to spend all of the remaining City park -in -lieu monies when other opportunities exist for interim and permanent indoor recreational needs among the nine existing facilities within the City. 3. The City does need additional active recreation facilities in the City to serve current and future residents. The City's Parks, Beaches and Recreation Commission is in the process of working with City staff on the preparation of an update to our Recreation and Open Space Element to the General Plan. As the City developed over the last thirty years primarily on the east side of the City, there have been significant active recreational facilities added which because of the lack of large active recreation facilities on the west side of the City and the peninsula serve the entire City. More recently, the newly developed downcoast areas are also impacting the active recreational facilities on the east side of the City. The development of Bob Henry and Castaways Park over the next year will improve active park facilities, particularly on the west side of the City, but still leaves a large deficiency for active play fields for soccer, softball and baseball. The City has been working over the last five years to pursue the acquisition and development of the Caltrans West parcel, which more recently has been referred to as Sunset Ridge. The long term plan has been to require the West Newport Oil property owners to acquire and develop this parcel of land for active recreation purposes as a condition of their housing development. 0 This naturally hinges on their timetable to develop their land and construct new housing in the area to the west of this site. Caltrans has previously indicated a strong desire for the City to acquire this site and is willing to negotiate a fair price. The Caltrans West (Sunset Ridge) site is approximately 11 net acres of open space. Use of all the remaining monies for the NMUSD site leaves the City without the resources to either acquire or develop the Sunset Ridge site independent of the West Newport Oil development timetable or consider use of the monies on priorities developed from the update to the City's Recreation and Open Space CONCLUSION AND RECOMMENDATION Based on the City's limited resources, alternative indoor recreational facilities, and other higher priority open space and recreational needs and opportunities it is my recommendation that the City Council respectively decline to acquire the property located at 1601 East 16th Street currently owned by the NMUSD. COMMUNITY SERVICES DEPARTMENT September 9, 1996 CITY COUNCIL AGENDA ITEM NO. TO: Mayor and City Council FROM: Parks, Beaches and Recreation Commission SUBJECT: Request for Purchase of Surplus Property Recommendation The Parks, Beaches and Council negotiate with the purchase of the property Newport Beach. Background Recreation Commission requests that the City Newport -Mesa Unified School District for the declared surplus at 1601 East 16th Street, The City has had a long-term lease with the Newport -Mesa Unified School District for the use of the gymnasium and fields at the Lincoln Athletic Center since 1985. However, the City has been notified that by fall of 1997 the District will require the use of the gymnasium to meet classroom requirements. It is not known when, or even if, the District will no longer require the use of this facility, and it might again be available for City-wide programs. The Recreation Division currently conducts an extensive indoor athletic program throughout the year at both the West Newport Community Center and the Lincoln facility. The loss of the Lincoln facility will drastically restrict the programs that can be provided for the community. On June 13, 1996, the District notified the City that the approximately one acre site at 1601 Sixteenth Street, Newport Beach, formerly an administrative site, has been declared surplus property. Pursuant to Education Code Section 39363.5 and the provisions of the Naylor Act commencing with Education Code Section 39390, the District offered the property for sale. The Board of Education extended the availability of this offer to September 12, 1996. According to District officials, the property was appraised in spring of 1996 for $840,000. The site is shown on the City's General Plan as a Governmental Educational Institutional Facility (GEIF). The site is approximately 48,000 square feet; 43,560 square feet is the equivalent of one acre. The West Newport Community Center, with gymnasium, classrooms and parking is 36,000 square feet. Recent costs for construction of gymnasium with classrooms, etc., are in the range of $2 million, based on recent examples: Tustin, 1994 - approximately 16,000 sq. ft. - $2,110,540 Downey, 1996 - 14,195 sq. ft. - 1,856,410 Cerritos, 1995 - 18,684 sq. ft. - 2,000,000 At the August 6, 1996 meeting, the Parks, Beaches and Recreation Commission voted unanimously to request that the City Council negotiate with the Newport -Mesa Unified School District for the purchase of this site for the eventual erection of a City indoor recreation facility. Since it is recommended that this site be utilized as a community park, in - lieu park fees, when available, could be utilized for this purchase pursuant to City Council Policy 1-1, Park Fee Policy. Negotiations on price could be conducted by the Co mmunity S2ivic 2s Department and/or the City Manager's office. Attachments NEWPOR T-MESA Unified School District Post office oo.r IJ68 • newporr beat:k, calijarnia 92663 • (714) 760-3200 SOASO OF TRUS—. E=S JIM ce SCOM - EDWARD H. DECKER - IVIART'HA FLUGR - JUDITH A. FRANCO SHERRY LOOFSOURROW - ROOERICK H. Mac.MILLIAN - FORREST K. WERNER June 13, 1996 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Kevin Murphy City Manager Re: Notice of Surplus Property Dear Mr. Roeder: OR. MAC SERN0. Superintendent The Board of Education of the Newport -Mesa Unified School District has declared the approximate 1 acre administrative site located at 1601 Sixteenth Street, Newport Beach, California, as surplus property. This property was previously used for administrative purposes. Pursuant to Education Code section 39363.5 and the provisions of the Naylor Act commencing with Education Code section 39390, the District is offering the property for sale. If the City of Newport Beach desires to acquire the subject property, please notify the Newport -Mesa Unified School District, Attention: Carolyn B. Stocker, 2985-A Bear Street, Costa Ivfesa, California, 92626, telephone (714) 556-3240. Very truly yours, Carolyn B. Stocker, Executive Director Business Services and Auxiliary Operations rmc BUSINESS SERVICES & AUXILIARY OPERATIONS CAROLYN STOCKER, Executive Director '7n4s4 Or to c`rr—.— n r. ,,r,, r,4 n,C,C c o,,,, r ?cc „cwo„a, nc,:, r 1 n-7CC,7 . 17td; 5.5E-324'0 • FAX (714I 549.7257 NEWPORT--MESA Unified School District post office box 1368 • newport beach, california 92663 • (714) 760-32.00 BOARD OF TRUSTEES JIM de BOOM . EDWARD H. DECKER . MARTHA FLUOR JUDY FRANCO • JIM FERRYMAN • WENDY LEECE • SERENE STOKES DR. MAC BERND, Superintendent August 21, 1996 Kevin J. Murphy, City Manager City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Kevin: Your request for the Newport -Mesa Unified School District to make the 16th Street site available for City purchase until September 12, 1996, is hereby granted. Sincerely, C_ N '_� C. M. Bernd Superintendent vp cc: Carolyn Stocker OFFICE OF THE SUPERINTENDENT 1601 SIXTEENTH STREET — NEWPORT 8EACH, CAL[ FORNIA 92663 —PHONE (714) 760-3500 § 54221 CITIES, COUNTIES, ETC. Title 5 (d) As used in this article, the term "persons and families of low or moderate income" means the same as provided under Section 50093 of the Health and Safety Code. (Added by Stats.1968, c. 621, p. 1307, § 1. Amended by Stats.1973, c. 1038, P. 2061, § 3; Stats.1974, c. 1037, p. 2237, § 1; Stats.1979, c. 942, p. 3246, § 2; Stats.1982, c. 1442, § 2.) Historical Note The 1973 amendment added subd. (c) . The 1974 amendment inserted ", includ- ing school districts of any kind or class," in subd. (a). The 1979 amendment inserted a comma following "article" in subds. (b) and (c) ; and added subd. (d). The 1982 amendment deleted "and which is capable of park or recreation develop- ment," preceding "except" in subd. (b) ; and substituted "persons and families of low or moderate income" for "low or moderate income" in subd. (d). § 54222. Offer to sell or lease property Any agency of the state and any local agency disposing of sur- plus land shall, prior to disposing of that property, send a written of- fer to sell or lease the property as follows: (a) A written offer to sell or lease for the purpose of developing low- and moderate -income housing shall be sent to any local agencies including, but not limited to, housing authorities or redevelopment agencies within whose jurisdiction the surplus land is located. (b) A written offer to sell or lease for park and recreational pur- poses or open -space purposes shall be sent: (1) To any park or recreation department of any city within which the land may be situated. (2) To any park or recreation department of the county within which the land is situated. (3) To any regional park authority having jurisdiction within the area in which the land is'situated. (4) To the State Resources Agency or any agency which may succeed to its powers. (c) The entity desiring to purchase or lease the surplus land for low- and moderate -income housing purposes or for park or recreation purposes or for open -space purposes, shall notify in writing the dis- posing agency of its intent to purchase or lease the land within 60 days after receipt of the agency's notification of intent to sell the land. (Added by Stats.1968, c. 621, p. 1307, § 1. Amended by Stats.1973, c. 1038, P. 2061, § 4 ; Stats.1974, c. 1339, p. 2912, § 1; Stats.1979, c. 942, p. 3246, § 3; Stats.1982, c. 1442, § 3.) 360 Div. 2 SURPLUS LAND Historical Note As enacted in 1968, this section read: "Any agency of the state and any local agency disposing of surplus land shall first notify in writing the following enti- ties of their intent to dispose of the prop- erty and offer such land for park or rec- reational purposes to the following enti- ties at fair market value prior to dispos- al: "(a) To any park or recreation depart- ment of any city within which the land nuly be situated. "(b) To any park or recreation depart- ment of the county within which the land is situated. "(c) To any regional park authority having jurisdiction within the area in which the land is situated. "(d) To the State Resources Agency or any agency which may succeed to its pow- ers." The 1973 amendment inserted "or for open -space purposes" following "recrea- tional purposes" in the introductory clause. The 1974 amendment substituted "shall, prior to disposing of such property, noti- § 54223 fy" for "shall first notify" in the intro- ductory clause. The 1979 amendment inserted a new subd. (d) (see 1982 amendment note) ; and redesignated former subd. (d) as subd. (e) [now par. 4 of subd. (a) 1. The 1982 amendment substituted ,that property" for "such property" and "send a written offer to sell or lease the prop- erty as follows:" for "notify in writing the following entities of their intent to dispose of the property and offer such land for park or recreational purposes or for open -space purposes to the following entities at fair market value prior to dis- posal:" in the introductory clause; in- serted subd. (a); inserted the introducto- ry clause of subd. (b); redesignated former subds. (a), (b) and (c) as pars. (1), (2), and (3); deleted former subd. (d), which read: "To any local agency, redevelopment agency or housing authority within which the land is situated."; redesignated former subd. (e) as par. (4) ; and added subd. (c). Cross References Public property, authority to sell or lease, see § 50570. Surplus community college property, disposal at discount for park or recreational pur- poses, see Education Code § 81190. Surplus lands transfers to local agency for housing for persons of low or moderate in- come, see § 11011.4. § 54223. Negotiations to determine sales price or lease terms; failure to agree on price or terms After the disposing agency has received notice from the entity desiring to purchase or lease the land, the disposing agency and the entity shall enter into good faith negotiations to determine a mutual- ly satisfactory sales price or lease terms. If the price or terms can- not be agreed upon after a good faith negotiation period of not less than 60 days, the land may be disposed of without further regard to this article. (Added by Stats.1968, c. 621, p. 1307, § 1. Amended by Stats.1973, c. 1038, P. 2062, § 5 ; Stats.1979, c. 942, p. 3247, § 4; Stats.1982, c. 1442, § 4.) Historical Note As added in 1968, this section read: "Tile entity desiring to purchase the surplus land for park or recreation use must notify the selling agency within 60 days of its intent to purchase the land after receipt of the agency's notification of intent to sell the land. If the entity 361 desiring to purchase the land and the sell- ing agency are unable to arrive at a mu- tually satisfactory sales price for said land during the 60-day period, the land may be disposed of in the normal man- ner." § 39383 SCHOOL FACILITIES Title 2 Historical.and Statutory Notes Le islative findings in Stats.1990, c. 1372 1970, c. 102, p. 187, § 207; Stats.1970, c. 282, p, (S.B.1854), regarding application of Education 557, § 3). Code provisions to community colleges, and Educ.C.1943, § 18741 (Stats.1943, c. 71, authority of community college districts under p. Const. Art. 9, § 14, see Historical and Statutory 680). Notes under § 40. School C. § 6.212, added by Stats.1931, c. Derivation: Educ.C.1959, § 16301 (Stats. 1054, p. 2207, § 1. 1959, c. 2, p. 1103, § 16301, amended by Stats. § 39384. Repealed by Stats.1982, c. 689, p. 2824, § 2 Historical and Statutory Notes The repealed section, enacted by Stats.1977, related to legislative intent, and was derived c. 36, § 448, amended by Stats.1980, c. 165, p. from Educ.C.1959, § 16051.1, added by Stats. 363, § 1; Stats.1980, c. 1354, p. 4858, § 37.2, 1976, c. 606, § 1. Article 5 SURPLUS SCHOOL PLAYGROUND, PLAYING FIELD, AND RECREATIONAL PROPERTY Section 39390. Legislative intent. 39391. Application of article. 39392. School site; governing board. 39393. Authorization to sell or lease school sites. 39394. Offers to sell or lease school sites to public agencies; priorities; discretion; notice of intent to purchase or lease. 39395. Retention of part of school site. 39396. Sales price; maximum and minimum; annual rate of lease. 39397. Public agencies proposing to purchase or lease land; findings; approval. 39397.5. Public agencies; surplus school property purchases; plans; operative date of section. 39398. Maintenance by public agencies; uses of land; reacquisition by school district. 39399. Law governing. 39400. Failure of compliance by school district; validity of transfer or conveyance. 39401. Exemption of surplus school sites. 39402. Alternative agreements for disposition of property. 39403. Limitation on rights of acquisition or lease by public agencies. 39404. Excluded school districts: Article 5 was added by Stats.1980, c. 736, p. 2199, § 2. Cross References Sale or lease of surplus property, failure to comply with preferred uses, required sale under this article, see § 39360.3. § 39390. Legislative intent The Legislature is concerned that school playgrounds, playing fields and recreational real property will be lost for such uses by the surrounding communities even where those communities in their planning process have 482 PROPERTY SALE, LEASE, EXCHANGE § 39392 Div. 3 assumed that such properties would be permanently available for recreational purposes. It is the intent of the Legislature in enacting this article to allow school districts to recover their investment in such surplus property while making it possible for other agencies of government to acquire the property and keep it available for playground, playing field or other outdoor recre- ational and open -space purposes. (Added by Stats.1980, c. 736, p. 2199, § 2.) Cross References Rezoning of unused school property, see Government Code § 65852.9. Library References Schools a65. C.J.S. Schools and School Districts § 241 et WESTLAW Topic No. 345. seq. § 39391. Application of article This article shall apply to any school site owned by a school district, which the governing board determines to sell or lease, and with respect to which the following conditions exist: (a) Either the whole or a portion of the school site consists of land which is used for school playground, playing field, or other outdoor recreational purposes and open -space land particularly suited for recreational purposes. (b) The land described in subdivision (a) has been used for one or more of the purposes specified therein for at least eight years immediately preceding the date of the governing board's determination to sell or lease the school site. (c) No other available publicly owned land in the vicinity of the school site is adequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open -space purposes, as determined by the governing body of the public agency which proposes to purchase or lease land from the school district, pursuant to Section 39397. 1 (Added by Stats.1980, c. 736, p. 2199, § 2. Amended by Stats.1981, c. 507, p. 1862, § 1.) Notes of Decisions Offers 1 offers; Act did not explicitly define "offer" or implicitly, by breadth of its regulation, support conclusion that common law had been sup- L Offers planted for purposes of determining whether Naylor Act, governing. disposal of surplus offer had been made. City of Moorpark v. school property, was not intended to supplant Moorpark Unified School Dist. (1991) 1 Cal. common law of contracts as it pertained to Rptr.2d 896, 54 Cal.3d 921, 819 P.2d 854. § 39392. School site; governing board As used in this article, "school site" means a parcel of land, or two or more contiguous parcels, which is owned by a school district. "Governing board" means the governing board of the school district which owns the school site. (Added by Stats.1980, c. 736, p. 2200, § 2.) 483 § 3! )3 SCHOOL FACILITIES Title 2 § 39393. Authorization to sell or lease school sites The governing board of any school district may sell or lease any school site containing land described in Section 39391, and, if the governing board decides to sell or lease such land, it shall do so in accordance with the provisions of this article. (Added by Stats.1980, c. 736, p. 2200, § 2.) § 39394. Offers to sell or lease school sites to public agencies; priorities; discretion; notice of intent to purchase or lease Notwithstanding Section 54222 of the Government Code, the governing board, prior to selling or leasing any school site containing land described in Section 39391, excluding that portion of a school site retained by the govern- ing board pursuant to Section 39395, shall first offer to sell or lease that portion of the school site consisting of lend described in Section 39391, excluding that portion retained by the governing board pursuant to Section 39395, to the following public agencies in accordance with the following priorities: j� (a) First, to any city within which the land may be situated. (b) Second, to any park or recreation district within which the land may be situated. (c) Third, to any regional park authority having jurisdiction within the area in which the land is situated. (d) Fourth, to any county within which the land may be situated. The governing board shall have discretion to determine whether the offer shall be an offer to sell or an offer to lease. An entity which proposes to purchase or lease a school site offered by a school district shall notify the district of its intention, in writing, within 60 days after receiving written notification from the district of its offer to sell or lease. (Added by Stats.1980, c. 736, p. 2200, § 2.) Notes of Decisions Offers 1 1. Offers At common law, school district did not make effective legal offer to sell surplus property through notice informing other public agencies that it "propose(d) to offer for sale, lease or exchange all or a portion of the [site] at fair market value"; although notice manifested willingness to enter into bargain, it did not do so in a way that would justify understanding that assent by recipient of notice was invited and would conclude bargain, but rather sug- gested the terms of a possible contract. City of Moorpark v. Moorpark Unified School Dist. (1991) 1 Cal.Rptr.2d 896, 54 Cal.3d 921, 819 P.2d 854. § 39395: Retention of part of school site In determining what portion of a school site shall be offered for sale or lease pursuant to this article, the governing board may retain any part of the school site containing structures or buildings, together with such land adja- 484 PROT ZTY: SALE, LEASE, EXCHANG1 § 39396 Div. 3 cent thereto which, as determined by the governing board, must be included in order to avoid reducing the value of that part of the school site containing such structures or buildings to less than 50 percent of fair market value (Added by Stats.1980, c. 736, p. 2200, § 2. Amended by Stats.1981, c. 507, p. 1862, § 2.) Cross References Sale or lease of surplus property, failure to comply with preferred uses, application to property retained under this section, see § 39360.3. § 39396. Sales price; maximum and minimum; annual rate of lease (a) Except as otherwise provided in subdivision (b) or (e), the price at which land described in Section 39391, excluding that portion of a school site retained by the governing board pursuant to Section 39395, is sold pursuant to this article shall not exceed the school district's cost of acquisition, calculated as a pro rata cost of acquiring the entire parcel comprising the school site, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any improvement to the recreational and open -space portion of the land which the school district has made since / its acquisition of the land. In no event shall the price be less than 25 percent of the fair market value of the land described in Section 39391 or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property, excluding that portion of a school site retained by the governing board pursuant to Section 39394, at the time of the offer. These provisions shall apply to land that the school district acquired by gift or for consideration. (b) A school district that offers a portion of a school site for sale may offer such portion of property for sale at its fair market value, provided the school district offers an equivalent size alternative portion of that school site for school playground, playing field, or other recreational and open -space pur- poses. (c) Land which is leased pursuant to this article shall be leased at an annual rate of not more than t/zoth of the maximum sales price determined pursuant to subdivision (a) of this section, adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. (d) The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1st of the appropriate year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the school site is located. (e) Whenever a school district closes a school site and sells any land described in Section 39391 pursuant to this article to help pay only for capital outlay costs incurred directly as a result of the transfer of pupils from the closed school to another school or other schools of the district, the sale price 485 § 3F 6 SCHOOL FACILITIES Title 2 of the property determined pursuant to subdivision (a) shall be increased by an amount equal to the additional costs incurred due to the school closure. (Added by Stats.1980, c. 736, p. 2200, § 2. Amended by Stats.1981, c. 507, p. 1863, § 3.) Cross References Sale or lease of surplus property, failure to comply with preferred uses, computation of sale price under this section, see § 39360.3. § 39397. Public agencies proposing to purchase or lease land; findings; approval The governing body of a public agency which proposes to purchase or lease land from a school district pursuant to this article shall first make a finding, approved by a vote of two-thirds of its members, that public lands in the vicinity of the school site are inadequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open -space purposes. (Added by Stats.1980, c. 736, p. 2201, § 2.) § 39397.5. Public agencies; surplus school property purchases; plans; operative date of section (a) No public agency may purchase surplus school property from a school district pursuant to this article unless it has first adopted a plan for the purchase of surplus school property. The plan shall designate the surplus site or sites all or a portion of which the public agency desires to purchase at the price established pursuant to this article and shall designate at least 70 percent of the total surplus school acreage as property which the agency does not desire to purchase at the price established pursuant to this article. Where the plan indicates that the agency desires to purchase only a portion of a school site at the price established pursuant to this article, it shall designate the percent of the property to be so purchased and provide a description of the general location of the property to be purchased, without designating the metes and bounds. (b) Any property designated by public agencies as surplus school sites which the agencies do not wish to purchase, pursuant to subdivision (a), may be sold or leased by a school district without regard to the provisions of this article. (c) This section shall become operative on April 1, 1982. (Added by Stats.1981, c. 507, p. 1863, § 4, operative April 1, 1982.) Library References Schools 0:-74. C.J.S. Schools and School Districts §§ 253, WESTLAW Topic No. 345. 263. \7 PROPERTY 'ALE, LEASE, EXCHANGE § 39399 Div. 3 § 39398. Maintenance by public agencies; uses of land; reacquisition by school district Any land purchased or leased by a public agency pursuant to this article shall thereafter be maintained by such agency for playground, playing field, or other outdoor recreational and open -space uses. Land which prior to its sale or lease was used for playground or playing field purposes, shall continue to be maintained for such use by the acquiring agency, unless the governing body of that agency, by a two-thirds vote at a public hearing, determines that there is no longer a significant need for the land to be so used, in which case the land may thereafter be used for other outdoor recreational or open -space purposes. The school district may, at any time, reacquire the land at a price calculated in the manner prescribed in Section 39396, and the rights of reacquisition provided in this section shall be set forth in the deed or other instrument of transfer. If the governing board of the public agency deter- mines that the land is no longer needed for playground, playing field, or other outdoor recreational and open -space purposes, the public agency shall offer the property to the school district for reacquisition under this section, and the school district shall notify the public agency within 60 days of its intent to reacquire the land. If the school district intends to sell the property within one year of the reacquisition date, the school district may finance the reacquisition of the land by lien against the proceeds to be obtained from the sale of the land by the school district. If the school district fails to give the public agency timely notice of its intent to reacquire the property, or if it fails to exercise its right of reacquisition, the public agency may use or dispose of the property. For purposes of this section, "cost of acquisition," as used in Section 39396, shall refer to the cost at which the land was acquired by the public agency. (Added by Stats.1980, c. 736, p. 2201, § 2. Amended by Stats.1982, c. 466, p. 2013, § 29.) § 39399. Law governing The sale or lease of land by a school district pursuant to this article shall be subject to, and governed by, the provisions of Article 2 (commencing with Section 39030) of Chapter 1 and Article 4 (commencing with Section 39360), except to the extent that the provisions of this article are inconsistent with a Provision or provisions of Article 2 or 4, in which event the provisions of this article shall govern such sale or lease. (Added by Stats.1980, c. 736, p. 2202, § 2.) PARK AND RECREATION ACQUISITION/DEVELOPMENT PLAN WORKSHEET - JEAN WATT - 9/9/96 ASSUMPTIONS: Development plans could be over extended period of time OPPORTUNITIES SUNSET RIDGE: 11 acres for active sports/view park Acquisition cost - Npt. Dev. Co. trade $ 0 Development cost - Included in above 0 to $1,000,000 Per year maintenance and operation High priority 3531 NEWPORT BOULEVARD: less than acre/passive park Acquisition cost to City 100,000 Development cost to City 50,000 Per year m & o Moderate priority GRISWOLD PROPERTY, CdM: less than acre/passive view park Acquisition cost 500,000 Development cost 50,000 Per year m & o Moderate priority 1601 16TH STREET: 1 + acre/recreation/gym use Acquisition cost Development cost Per year m & o from rec. fees High priority 750,000 1,800,000 to $2,000,000 $3,250,000 to $4,450,000 OTHER PRIORITIES FROM RECREATION AND OPEN SPACE ELEMENT Acquisition cost Development cost FUNDING SOURCES/OPPORTUNITIES J PARK IN -LIEU FUNDS Current $ 400,000 2-3 years/Ford Loral 2,000,000 2-4 years/other 200,000 2- -�z-- CBGD funds $50,000 to $100,000 per year for 4 years 200,000-400,000 3 4—,-- Fundraising $50,000 per year for 4 years 200,000-400,000 $ 3,000,000-3,400,000