Sale Or Lease Of District-Owned Real Property

Definitions Dispose means either (1) the sale of surplus land or (2) the lease of surplus land for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease. Dispose does not include the entering of a lease for surplus land on which no development or demolition will occur, regardless of the term of the lease. (Government Code 54221) Under the Surplus Land Act, exempt surplus land means land, as described in Items #1-10 below, that is: (Government Code 54221) Less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes Being exchanged for another property necessary for the district's use, including easements, pursuant to Education Code 17536 Subject to the district advisory committee pursuant to Education Code 17388 Jointly occupied by the district and any private person, firm, local governmental agency or corporation pursuant to Education Code 17515 Being transferred to a local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency's use, or to a federally recognized California Indian tribe A former street, right of way, or easement, and is conveyed to an owner of an adjacent property Developed for low- or moderate-income housing development that meets specified criteria Subject to a valid legal restriction that is not imposed by the district and that makes housing prohibited, such as a conservation easement Transferred to a community land trust, and meets certain specified conditions Included in any of the other exemptions specified in Government Code 54221 District Advisory Committee The district advisory committee, which may be referred to as a "7-11 Committee," on use or disposition of surplus school buildings or space shall consist of not less than seven or more than 11 members representative of each of the following: (Education Code 17389) The district's ethnic, age group, and socioeconomic composition The business community, such as store owners, managers, or supervisors Landowners or renters, with preference to representatives of neighborhood associations Teachers Administrators Parents/guardians of students Persons with expertise in environmental impact, legal contracts, building codes, and land use planning, including, but not limited to, knowledge of the zoning and other land use restrictions of the cities and counties in which the surplus property is located This committee shall: (Education Code 17390) Review projected school enrollment and other data to determine the amount of surplus space and real property Establish and circulate throughout the attendance area a priority list for use of surplus space and real property that will be acceptable to the community Hold hearings, with community input, on acceptable uses of space and real property, including the sale or lease of surplus real property for child care development purposes Make a final determination of limits of tolerance of use of space and real property Send the Governing Board a report recommending uses of surplus space and real property The district advisory committee shall comply with open meeting requirements of the Brown Act. (Government Code 54952)