17455. The governing board of any school district may sell any real
property belonging to the school district or may lease for a term
not exceeding 99 years, any real property, together with any personal
property located thereon, belonging to the school district which is
not or will not be needed by the district for school classroom
buildings at the time of delivery of title or possession. The sale or
lease may be made without first taking a vote of the electors of the
district, and shall be made in the manner provided by this article.
17456. Notwithstanding Section 17455, the sale by the governing
board of any school district of any real property belonging to the
school district or the lease by that governing board, for a term not
exceeding 99 years, of any real property, together with any personal
property located thereon, belonging to the school district shall not
be subject to any other provision of this chapter, to Article 5
(commencing with Section 17485), or to Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, if all of the following conditions are met:
(a) The property is sold or leased to another local governmental
agency, or to a nonprofit corporation that is organized for the
purpose of assisting one or more local governmental agencies in
obtaining financing.
(b) (1) In the case of the sale of school district property
pursuant to this section, the school district, as part of that same
sale transaction, simultaneously repurchases the same property that
is the subject of the transaction.
(2) In the case of the lease of school district property pursuant
to this section, the school district, as part of that same lease
transaction, simultaneously leases back, for a term that is not
substantially less than the term of that lease, the same property
that is the subject of the transaction.
(c) The financing proceeds obtained by the school district
pursuant to the transaction described in this section are expended
solely for capital outlay purposes, including the acquisition of real
property for intended use as a schoolsite and the construction,
reconstruction, and renovation of school facilities.
17457. Notwithstanding any other provision of this part, in
connection with a sale, sale back, lease, or leaseback of school
district property, no proceeds obtained by the school district from
the sale of the sale back or leaseback agreement, or interests
therein, or a debt instrument payable from payments under the sale
back or leaseback agreement shall be used for general operating
purposes of the school district.
17458. (a) Notwithstanding Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, the governing board of any school district complying
with Section 101338.2 of Title 22 of the California Administrative
Code and seeking to sell or lease any real property it deems to be
surplus property may first offer that property for sale or lease to
any contracting agency, as defined in Section 8208 of the Education
Code, pursuant to the following conditions:
(1) The real property sold or leased shall be used by the
contracting agency, or by any successor in interest to the
contracting agency, exclusively for the delivery of child care and
development services, as defined in Section 8208 of the Education
Code, for a period of not less than five years from the date upon
which the real property is made available to that agency, or
successor in interest, pursuant to the sale, or, in the event of a
lease, until the real property is returned to the possession of the
school district, whichever occurs earlier.
(2) In the event that the contracting agency, or any successor in
interest, fails to comply with the condition set forth in paragraph
(1), that agency, or successor in interest, that purchased the real
property, is required immediately to offer that real property for
sale pursuant to this article and Article 5 (commencing with Section
17485) and to sell the property pursuant to those provisions. The
agency, or its successor in interest, shall comply, in that regard,
with all requirements under those provisions that would otherwise
apply to a school district, except that a sale price computed under
subdivision (a) of Section 17491 shall be based upon the cost of
acquisition incurred by the school district that sold the property
pursuant to this subdivision, rather than that incurred by the
contracting agency or its successor in interest. In the event,
alternatively, of a lease of real property pursuant to this
subdivision, the failure by the contracting agency, or any successor
in interest, to comply with paragraph (1) shall constitute a breach
of the lease, entitling the school district to immediate possession
of the real property, in addition to any damages to which the
district may be entitled under the lease agreement.
(3) The school district, and each of the entities authorized to
receive offers of sale pursuant to this article or Article 5
(commencing with Section 17485), has standing to enforce the
conditions set forth in this subdivision, and shall be entitled to
the payment of reasonable attorneys' fees incurred as a prevailing
party in any action or proceeding brought to enforce any of those
conditions.
(b) No sale or lease of the real property of any school district,
as authorized under subdivision (a), may occur until the school
district advisory committee has held hearings pursuant to subdivision
(c) of Section 17390.
(c) This section is in addition to, and shall not limit the
requirements of, Article 5 (commencing with Section 17485), but this
section may be utilized with regard to property which the governing
board of a school district may retain under Section 17490.
17459. The sale of real property pursuant to this article shall be
subject to the provisions of Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
17460. (a) Notwithstanding subdivision (c) of this section or
Sections 17456, 17457, and 42133, the West Contra Costa Unified
School District, formerly known as the Richmond Unified School
District, may enter into an agreement to lease any real property
pursuant to Section 17456 and may use the financing proceeds from the
agreement to terminate the Lease-Purchase Agreement, dated May 1,
1988, between the Richmond Unified School District Financing
Corporation and the Richmond Unified School District. However, any
property that has been leased, rented, sold, or otherwise utilized
pursuant to Section 41470 may not be leased pursuant to this section.
(b) The West Contra Costa Unified School District shall notify the
Controller at the time the district enters into a lease agreement
pursuant to subdivision (a). That notice shall set forth a schedule
of the rental payments payable under the lease agreement and shall
include the name and address of the trustee to whom the right to
receive the rental payments has been assigned.
(c) Upon written notification by the trustee that the school
district has not made one or more of the rental payments required by
the terms of the lease, the Controller shall pay to the trustee from
Section A of the State School Fund the defaulted rental payment. That
payment by the Controller shall not exceed the amount of any
apportionment entitlement of the district to moneys in Section A of
the State School Fund, less any payments required in that fiscal year
to repay any state loans made to the district. The Controller shall
withhold the amount of any payment made under this subdivision,
including reimbursement of the Controller's administrative costs as
determined under a schedule approved by the California Debt Advisory
Commission, from subsequent apportionments to the West Contra Costa
Unified School District from Section A of the State School Fund.
(d) Nothing in this section shall be construed to obligate the
state to make any payment to, or on behalf of, the West Contra Costa
Unified School District from Section A of the State School Fund in
any amount, pursuant to any particular allocation formula, or to make
any other payment to, or on behalf of, the district, including, but
not limited to, any payment of those rental payments.
(e) Any apportionments made by the Controller pursuant to
subdivision (c) shall be deemed to be an allocation to the West
Contra Costa Unified School District for purposes of subdivision (b)
of Section 8 of Article XVI of the California Constitution, and for
purposes of Chapter 2 (commencing with Section 41200) of Part 24.
17461. (a) The governing board of any school district that has, by
majority vote, established a standard rate or rates for the lease
pursuant to this article of its real property may, by majority vote,
delegate to the officer or employee as the governing board may
designate, the power to enter into any lease, for and on behalf of
the district, of any real property of the school district, with
respect to which real property either the district has received only
one sealed proposal that conforms with the existing standard rate or
rates, from a responsible bidder, and no oral bid that would meet the
requirements of Section 17473, or the lease is to be entered into
pursuant to Section 17480.
(b) The governing board of any school district may, by majority
vote, delegate to such officer or employee as the governing board may
designate, the power to enter into any lease, permit, or agreement
for the use by the district of buildings or other facilities if the
use is to be granted to the district without charge.
17462. (a) The funds derived from the sale of surplus property
shall be used for capital outlay or for costs of maintenance of
school district property that the governing board of the school
district determines will not recur within a five-year period.
Proceeds from a lease of school district property with an option to
purchase may be deposited into a restricted fund for the routine
repair of district facilities, as defined by the State Allocation
Board, for up to a five-year period. In addition, the proceeds from
the sale or lease with option to purchase may be deposited in the
general fund of the district if the school district governing board
and the State Allocation Board have determined that the district has
no anticipated need for additional sites or building construction for
the ten-year period following the sale or lease with option to
purchase, and the district has no major deferred maintenance
requirements. Proceeds from the sale or lease with option to purchase
of school district property shall be used for one-time expenditures,
and may not be used for ongoing expenditures including, but not
limited to, salaries and other general operating expenses.
(b) The proceeds may also be deposited into a special reserve fund
for capital outlay, for costs of maintenance of school district
property that the governing board determines will not recur within a
five-year period, or for the future maintenance and renovation of
schoolsites if the district governing board and the State Allocation
Board have determined that the district has no anticipated need for
schoolsites or building construction or major deferred maintenance
projects for a ten-year period following the sale or lease with
option to purchase. Proceeds deposited in the special reserve fund
shall not be available for general operating expenses as provided in
Section 42842.
(c) The State Allocation Board, in consultation with the
department, shall adopt regulations that govern the use of proceeds
pursuant to this section for one-time expenditures and define ongoing
expenditures for purposes of subdivision (a).
(d) Notwithstanding a determination by the State Allocation Board
pursuant to subdivision (a) that a school district has no anticipated
need for additional sites or building construction for the ten-year
period following the sale or lease with option to purchase of surplus
school property, the district may apply for new construction or
modernization funding pursuant to this chapter if both of the
following conditions are satisfied:
(1) Five years have elapsed since the date upon which the sale or
lease with option to purchase was executed.
(2) The State Allocation Board determines that the district has
demonstrated enrollment growth or a need for additional sites or
building construction that the district could not have easily
anticipated at the time the board made its original determination
that the district had no anticipated need for the ten-year period
following the sale or lease with option to purchase.
17462.7. The board shall reduce an apportionment of hardship
assistance awarded to a school district pursuant to Article 8
(commencing with Section 17075.10) by an amount equal to the amount
of any proceeds from the sale of surplus property used for a one-time
expenditure of the school district pursuant to Section 17462.5 for
five years following the expenditure.
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the district for any general fund purpose, subject to the following
conditions:
(a) Prior to that deposit, the district shall submit to the State
Allocation Board a capital outlay plan for the district for a period
of five years following that sale, together with a declaration of the
finding by the governing board of the school district that the
school facilities needs of the district can be met over that
five-year period without funding or other assistance from any state
school facilities funding program. No later than the date upon which
that initial five-year period concludes, the district shall submit to
the State Allocation Board a capital outlay plan for the district
for the subsequent five-year period.
(b) Prior to the decision to place that interest money into the
district's general fund, the governing board of the school district
shall consider the extent to which it is necessary or appropriate to
expend that money to meet the district's needs relative to capital
outlay, facilities, modernization, and deferred maintenance. In
addition, as to any interest money deposited into the district's
general fund pursuant to this section, the governing board shall
consider the extent to which it is necessary or appropriate to expend
the money to meet the district's needs relative to ongoing
maintenance prior to expending that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10,
Sections 17582 to 17592, inclusive, or any other state school
facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
22 (commencing with Section 17000), Chapter 14 (commencing with
Section 17085) of Part 10, Sections 17582 to 17592, inclusive, or any
other state school facilities funding program, on or after the
expiration of the 10-year period specified in subdivision (c), any
state funding received by the district from the program shall be
reduced by any remaining funds derived from the sale of that surplus
property by the district and any unencumbered interest earned on
those funds.
17463.7. (a) Notwithstanding any other law, a school district may
deposit the proceeds from the sale of surplus real property, together
with any personal property located on the property, purchased
entirely with local funds, into the general fund of the school
district and may use the proceeds for any one-time general fund
purpose. If the purchase of the property was made using the proceeds
of a local general obligation bond or revenue derived from developer
fees, the amount of the proceeds of the transaction that may be
deposited into the general fund of the school district may not exceed
the percentage computed by the difference between the purchase price
of the property and the proceeds from the transaction, divided by
the amount of the proceeds of the transaction. For the purposes of
this section, proceeds of the transaction means either of the
following, as appropriate:
(1) The amount realized from the sale of property after reasonable
expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment
of the proceeds of the transaction, the proceeds of the transaction
shall be calculated as the net present value of the future cashflow
generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of
hardship assistance awarded to the particular school district
pursuant to Article 8 (commencing with Section 17075.10) by an amount
equal to the amount of the sale of surplus real property used for a
one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted
pursuant to this section, the district is ineligible for hardship
funding from the State School Deferred Maintenance Fund under Section
17587 for five years after the date proceeds are deposited into the
general fund pursuant to this section.
(d) Before a school district exercises the authority granted
pursuant to this section, the governing board of the school district
shall first submit to the State Allocation Board documents certifying
the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school
construction needs for the next 10 years.
(e) Before the school district exercises the authority granted
pursuant to this section, the governing board of the school district
at a regularly scheduled meeting shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds and describe the reasons why the
expenditure will not result in ongoing fiscal obligations for the
school district.
(f) The Office of Public School Construction shall submit an
interim and a final report to the State Allocation Board and the
budget, education policy, and fiscal committees of the Legislature
that identifies the school districts that have exercised the
authority granted by this section, the amount of proceeds involved,
and the purpose for which those proceeds were used. The interim
report shall be submitted by January 1, 2011, and the final report by
January 1, 2012.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
17464. Except as provided for in Article 2 (commencing with Section
17230) of Chapter 1, the sale or lease with an option to purchase of
real property by a school district shall be in accordance with the
following priorities and procedures:
(a) First, the property shall be offered for park or recreational
purposes pursuant to Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code,
in any instance in which that article is applicable.
(b) Second, the property shall be offered for sale or lease with
an option to purchase, at fair market value in each of the following
ways:
(1) In writing, to the Director of General Services, the Regents
of the University of California, the Trustees of the California State
University, the county and city in which the property is situated,
to any public housing authority in the county in which the property
is situated, and to any entity referenced in paragraph (2) that has
submitted a written request to the school district to be directly
notified of the offer for sale or lease with an option to purchase
the real property by the district.
(2) By public notice to any public district, public authority,
public agency, public corporation, or any other political subdivision
in this state, to the federal government, and to nonprofit
charitable corporations existing on December 31, 1979, and organized
pursuant to Part 3 (commencing with Section 10200) of Division 2 of
Title 1 of the Corporations Code then in effect or organized on or
after January 1, 1980, as a public benefit corporation under Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code. Public notice shall consist of at least publishing
its intention to dispose of the real property in a newspaper of
general circulation within the district, or if there is no newspaper
of general circulation in the district, then in any newspaper of
general circulation that is regularly circulated in the district. The
notice shall specify that the property is being made available to
all public districts, public authorities, public agencies, and other
political subdivisions or public corporations in this state, and to
other nonprofit charitable or nonprofit public benefit corporations.
Publication of notice pursuant to this section shall be once each
week for three successive weeks. Three publications in a newspaper
regularly published once a week or more often, with at least five
days intervening between the respective publication dates not
counting the publication dates, are sufficient. The written notice
required by paragraph (1) shall be mailed no later than the date of
the second published notice.
The entity desiring to purchase or lease the property shall,
within 60 days after the third publication of notice, notify the
school district of its intent to purchase or lease the property. If
the entity desiring to purchase or lease the property and the
district are unable to arrive at a mutually satisfactory price or
lease payment during the 60-day period, the property may be disposed
of as otherwise provided in this section. In the event the district
receives offers from more than one entity pursuant to this
subdivision, the school district governing board may determine which
of these offers to accept.
(c) Third, the property may be disposed of in any other manner
authorized by law.
This section shall become operative January 1, 1988.
17465. (a) As used in this section, the terms "district," "special
education local plan area," and "county office" have the same meaning
as prescribed by Part 30 (commencing with Section 56000).
(b) The governing board of a school district that adopts a
resolution of intent to lease vacant classrooms shall first offer to
lease the classrooms for special education programs that are provided
by either other districts that comprise part of the special
education local plan area in which the leasing district is included
or by the county office having jurisdiction over the leasing
district, to the pupils of the leasing district, in whole or in part.
(c) Upon adoption of the resolution, the governing board shall
notify, in writing, other districts or the county office, as
specified in subdivision (b), of its intent to lease vacant
classrooms. The notice shall describe the vacant classrooms, shall
specify that the lease shall not exceed a term of 99 years and that
the lease payment and other terms of the lease are subject to
negotiation, and shall state that the offer to lease is valid for no
more than 60 days after receipt thereof.
(d) Notwithstanding Section 17466, the governing board may include
in its resolution a time for a public meeting of the governing board
to be held at its regular place of meeting at which sealed proposals
to lease will be received and considered, and, notwithstanding
Section 17469, may post copies of the resolution and publish notice
of the adoption of the resolution. However, the governing board shall
not act on any proposal prior to the first of the following
conditions occurring:
(1) Receipt from the county superintendent or the public education
agency, as appropriate, of its intent to lease the classrooms or of
its intent not to do so.
(2) Expiration of the 60-day period prescribed by subdivision (c).
(e) An entity desiring to lease the vacant classrooms shall,
within 60 days from receipt of the notification, inform the governing
board, in writing, of its intent to lease or not to lease the
classrooms.
(f) (1) The lease payments and other terms of the lease for vacant
classrooms leased to other districts or to the county office, as
specified in subdivision (b), shall be negotiated by the entity
desiring to lease the vacant classrooms and the governing board. Any
entity eligible to lease vacant classrooms pursuant to this section
and any governing board may negotiate lease payments prior to the
availability of the vacant classrooms.
(2) The lease payments shall not exceed the district's actual
costs for maintenance, operation, and custodial services for the
leased classrooms.
(3) If more than one governing board offers to lease classrooms,
the entity desiring to lease such classrooms may elect to negotiate
either individually with each district, or jointly, with some or all
of such districts. If the entity elects joint negotiations, the lease
payments shall not exceed the participating districts' average
actual costs for maintenance, operation, and custodial services for
the leased classrooms.
(g) If the governing board and the entity desiring to lease the
classrooms are unable to complete negotiations for the lease and
arrive at a mutually satisfactory lease within the same 60-day period
that the entity has to inform the governing board of its intent to
lease or not lease, the governing board may lease the classrooms in
accordance with the provisions of this article.
(h) If vacant classrooms are available in both operating and
nonoperating schools, the governing board, prior to adopting a
resolution of intent to lease, shall consider which school would
provide the environment least restrictive to the needs of handicapped
pupils or individuals with exceptional needs, as appropriate, for
whom the county superintendent or public education agency provides
special education programs.
17466. Before ordering the sale or lease of any property the
governing board, in a regular open meeting, by a two-thirds vote of
all its members, shall adopt a resolution, declaring its intention to
sell or lease the property, as the case may be. The resolution shall
describe the property proposed to be sold or leased in such manner
as to identify it and shall specify the minimum price or rental and
the terms upon which it will be sold or leased and the commission, or
rate thereof, if any, which the board will pay to a licensed real
estate broker out of the minimum price or rental. The resolution
shall fix a time not less than three weeks thereafter for a public
meeting of the governing board to be held at its regular place of
meeting, at which sealed proposals to purchase or lease will be
received and considered.
17467. In lieu of the declaration of intention to lease real
property provided in Section 17466, the governing board of any school
district having an average daily attendance of 400,000 or more as
shown by the annual report of the county superintendent of schools
for the preceding year may publish a notice three times in a period
of not less than 15 days in a newspaper of general circulation
published in the district. The notice shall describe the property
proposed to be leased in such manner as to identify it and shall
specify the minimum rental and terms upon which it will be leased.
The notice shall fix a time not less than 15 days thereafter for a
public meeting of the governing board to be held at its regular place
of meeting at which proposal to lease will be received and
considered.
The governing board by majority vote may adopt a ruling delegating
to such officer or employee of the district as the board may
designate, authority to perform the duties prescribed in this
section.
Bids received under this section shall be received, accepted, or
rejected in accordance with the provisions of this article.
17468. If, in the discretion of the board, it is advisable to offer
to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the commission shall be
specified in the resolution. No commission shall be paid unless there
is contained in or with the sealed proposal or stated in or with the
oral bid, which is finally accepted, the name of the licensed real
estate broker to whom it is to be paid, and the amount or rate
thereof. Any commission shall, however, be paid only out of money
received by the board from the sale or rental of the real property.
17469. Notice of the adoption of the resolution and of the time and
place of holding the meeting shall be given by posting copies of the
resolution signed by the board or by a majority thereof in three
public places in the district, not less than 15 days before the date
of the meeting, and by publishing the notice not less than once a
week for three successive weeks before the meeting in a newspaper of
general circulation published in the county in which the district or
any part thereof is situated, if any such newspaper is published
therein.
17470. (a) The governing board of a school district that intends to
sell real property pursuant to this article shall take reasonable
steps to ensure that the former owner from whom the district acquired
the property receives notice of the public meeting prescribed by
Section 17466, in writing, by certified mail, at least 60 days prior
to the meeting.
(b) The governing board of a school district shall not be required
to accord the former owner the right to purchase the property at the
tentatively accepted highest bid price nor to offer to sell the
property to the former owner at the tentatively accepted highest bid
price.
17471. Whenever it is proposed to lease real property and the
governing board unanimously determines in the resolution that in its
opinion, the monthly rental value of the property does not exceed the
sum of fifty dollars ($50), the resolution need not be posted and
may, before the date of the meeting, be published in two successive
issues of a weekly newspaper or in five successive issues of a daily
newspaper. The newspaper in which the notice is published shall be
one published in the district and having a general circulation there;
or if there is no newspaper, then one having a general circulation
in the district; or if there is no newspaper, then in one having a
general circulation in a county in which the district or any part
thereof is situated.
17472. At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals which have been
received shall, in public session, be opened, examined, and declared
by the board. Of the proposals submitted which conform to all terms
and conditions specified in the resolution of intention to sell or to
lease and which are made by responsible bidders, the proposal which
is the highest, after deducting therefrom the commission, if any, to
be paid a licensed real estate broker in connection therewith, shall
be finally accepted, unless a higher oral bid is accepted or the
board rejects all bids.
17473. Before accepting any written proposal, the board shall call
for oral bids. If, upon the call for oral bidding, any responsible
person offers to purchase the property or to lease the property, as
the case may be, upon the terms and conditions specified in the
resolution, for a price or rental exceeding by at least 5 percent,
the highest written proposal, after deducting the commission, if any,
to be paid a licensed real estate broker in connection therewith,
then the oral bid which is the highest after deducting any commission
to be paid a licensed real estate broker, in connection therewith,
which is made by a responsible person, shall be finally accepted.
Final acceptance shall not be made, however, until the oral bid is
reduced to writing and signed by the offeror.
17474. In the event of a sale on a higher oral bid to a purchaser
procured by a licensed real estate broker, other than the broker who
submitted the highest written proposal, and who is qualified as
provided in Section 17468 of this code, the board shall allow a
commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written
proposal shall be paid to the broker who submitted it, and the
balance of the commission on the purchase price to the broker who
procured the purchaser to whom the sale was confirmed.
17475. The final acceptance by the governing body may be made
either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.
17476. The governing body may at the session, if it deems such
action to be for the best public interest, reject any and all bids,
either written or oral, and withdraw the property from sale or lease.
17477. (a) (1) If the governing board has complied with the
provisions of this article, and no proposals are submitted or the
proposals submitted do not conform with all terms and conditions
specified in the resolution of intent to lease, the governing board
may within one year thereafter, or one year after the passage of 30
days from the rejection of a public entity's nonconforming proposal,
as appropriate, lease such real property, together with any personal
property located thereon, to any lessee, at a price not less than
fair market value in accordance with any terms and conditions agreed
upon by the governing board and the lessee, except that the term of a
lease shall not exceed three years. Sections 17461, 17464, and 17466
to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall
not apply to the lease.
(2) The governing board may by majority vote delegate an officer
or employee of the district, or any other third person, to secure a
lessee and to negotiate the terms and conditions of the lease.
However, the lease shall not be executed unless the governing board
by majority vote, at a public meeting, approves the lease.
(3) If a public entity has submitted a nonconforming proposal, the
governing board shall not take any action pursuant to this
subdivision until 30 days after the rejection of the proposal.
(b) Subdivision (a) shall not apply if a public entity has
submitted a proposal that does not conform with all the terms and
conditions specified in the resolution of intent to lease, and if the
public entity requests, in writing, within 30 days from the
rejection of its proposal, that the governing board lease the real
property, subject to the resolution of intent, in accordance with
this article.
17478. Any resolution of acceptance of any bid made by the
governing body authorizes and directs the president of the governing
body, or other presiding officer, or the members thereof, to execute
a deed or lease and to deliver it upon performance and compliance by
the purchaser or lessee of all the terms or conditions of his or her
contract to be performed concurrently therewith.
17479. Nothing in Sections 17455 to 17542, inclusive, shall prevent
the governing board of any school district from acquiring, leasing
or subleasing property pursuant to Section 1261 of the Military and
Veterans Code.
17480. The governing board of any school district may, without
complying with any other provision of this article, let in the name
of the district any buildings, grounds, or space therein, together
with any personal property located thereon, not needed for school
classroom buildings upon any terms and conditions as may be agreed
upon by the governing board of the district and the lessee thereof
for a period not exceeding 30 separate or consecutive calendar days
or portions thereof in each fiscal year.
17481. In addition to any other authority to lease real property,
the governing board of a school district, by a two-thirds vote of its
members, may lease, for a term not exceeding three months, school
district property having a residence thereon, which cannot be
developed for district purposes because of the unavailability of
funds. The lease shall be upon any terms and conditions that the
parties thereto may agree and may be entered into without complying
with any provisions in this code except as provided in this section.
17482. The governing board of a school district may, with the
approval of the county board of supervisors, sell or lease any
building of the district together with the site upon which the
building is located, without complying with any other provisions of
this article, provided that the county board of supervisors finds
that all of the following conditions exist:
(a) The sale or lease is to be made to an incorporated nonprofit
tax-exempt community or civic organization with a membership
comprised predominantly of persons residing in the community in which
the building and site are situated.
(b) The building is not suitable for school purposes.
(c) The building has an historic value and its preservation and
utilization for the benefit of the community will best be ensured by
sale or lease to an organization specified in subdivision (a).
(d) The sale or lease is to be executed for a consideration to
enure to the school district reflecting the fair market value of the
property, or its fair rental value, as the case may be, except that
the sale may be executed for a consideration that is less than the
fair market value of the property if all of the following conditions
exist:
(1) More than 50 percent of the buildings on the site have been
designated as historically significant by the State Historical
Resources Commission.
(2) For a period of 25 years, commencing with the date that
possession of the property is transferred, the building or buildings
designated pursuant to paragraph (1) shall be used and maintained for
public benefit as an historical resource, and the site shall
otherwise be available for public access and use, including, but not
limited to, park and recreational uses. Any violation of this
condition shall result in the automatic reversion of title to the
property so transferred, without remuneration, to the transferor
school district. The condition set forth in this paragraph does not
prohibit any use of the site that is necessary or appropriate to its
use and maintenance for historical purposes.
(3) The consideration paid is equal to or greater than the sum of
the actual cost of the acquisition of the property by the school
district and the actual cost of any capital improvements made to the
property.
(e) Adequate provision has been made in connection with the sale
or lease transaction to protect the district against all civil
liabilities which might arise in connection with any use of the
building and site.
17483. The failure to comply with the provisions of this article
shall not invalidate the transfer or conveyance of real property to a
purchaser or encumbrancer for value.
17484. The governing board of any school district, constituting the
governing body of an elementary district, a high school district, or
any two of those districts, may sell any building, structure, or
other fixture, belonging to one of its respective districts to
another district governed by it, for an amount to be fixed by the
governing body, without advertisement for or receipt of bids or
compliance with any other provisions of this code.
Whenever any property is sold under this section it shall be
removed from the premises of the district selling it within 60 days
from the date of the sale.
17455. The governing board of any school district may sell any real
property belonging to the school district or may lease for a term
not exceeding 99 years, any real property, together with any personal
property located thereon, belonging to the school district which is
not or will not be needed by the district for school classroom
buildings at the time of delivery of title or possession. The sale or
lease may be made without first taking a vote of the electors of the
district, and shall be made in the manner provided by this article.
17456. Notwithstanding Section 17455, the sale by the governing
board of any school district of any real property belonging to the
school district or the lease by that governing board, for a term not
exceeding 99 years, of any real property, together with any personal
property located thereon, belonging to the school district shall not
be subject to any other provision of this chapter, to Article 5
(commencing with Section 17485), or to Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, if all of the following conditions are met:
(a) The property is sold or leased to another local governmental
agency, or to a nonprofit corporation that is organized for the
purpose of assisting one or more local governmental agencies in
obtaining financing.
(b) (1) In the case of the sale of school district property
pursuant to this section, the school district, as part of that same
sale transaction, simultaneously repurchases the same property that
is the subject of the transaction.
(2) In the case of the lease of school district property pursuant
to this section, the school district, as part of that same lease
transaction, simultaneously leases back, for a term that is not
substantially less than the term of that lease, the same property
that is the subject of the transaction.
(c) The financing proceeds obtained by the school district
pursuant to the transaction described in this section are expended
solely for capital outlay purposes, including the acquisition of real
property for intended use as a schoolsite and the construction,
reconstruction, and renovation of school facilities.
17457. Notwithstanding any other provision of this part, in
connection with a sale, sale back, lease, or leaseback of school
district property, no proceeds obtained by the school district from
the sale of the sale back or leaseback agreement, or interests
therein, or a debt instrument payable from payments under the sale
back or leaseback agreement shall be used for general operating
purposes of the school district.
17458. (a) Notwithstanding Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, the governing board of any school district complying
with Section 101338.2 of Title 22 of the California Administrative
Code and seeking to sell or lease any real property it deems to be
surplus property may first offer that property for sale or lease to
any contracting agency, as defined in Section 8208 of the Education
Code, pursuant to the following conditions:
(1) The real property sold or leased shall be used by the
contracting agency, or by any successor in interest to the
contracting agency, exclusively for the delivery of child care and
development services, as defined in Section 8208 of the Education
Code, for a period of not less than five years from the date upon
which the real property is made available to that agency, or
successor in interest, pursuant to the sale, or, in the event of a
lease, until the real property is returned to the possession of the
school district, whichever occurs earlier.
(2) In the event that the contracting agency, or any successor in
interest, fails to comply with the condition set forth in paragraph
(1), that agency, or successor in interest, that purchased the real
property, is required immediately to offer that real property for
sale pursuant to this article and Article 5 (commencing with Section
17485) and to sell the property pursuant to those provisions. The
agency, or its successor in interest, shall comply, in that regard,
with all requirements under those provisions that would otherwise
apply to a school district, except that a sale price computed under
subdivision (a) of Section 17491 shall be based upon the cost of
acquisition incurred by the school district that sold the property
pursuant to this subdivision, rather than that incurred by the
contracting agency or its successor in interest. In the event,
alternatively, of a lease of real property pursuant to this
subdivision, the failure by the contracting agency, or any successor
in interest, to comply with paragraph (1) shall constitute a breach
of the lease, entitling the school district to immediate possession
of the real property, in addition to any damages to which the
district may be entitled under the lease agreement.
(3) The school district, and each of the entities authorized to
receive offers of sale pursuant to this article or Article 5
(commencing with Section 17485), has standing to enforce the
conditions set forth in this subdivision, and shall be entitled to
the payment of reasonable attorneys' fees incurred as a prevailing
party in any action or proceeding brought to enforce any of those
conditions.
(b) No sale or lease of the real property of any school district,
as authorized under subdivision (a), may occur until the school
district advisory committee has held hearings pursuant to subdivision
(c) of Section 17390.
(c) This section is in addition to, and shall not limit the
requirements of, Article 5 (commencing with Section 17485), but this
section may be utilized with regard to property which the governing
board of a school district may retain under Section 17490.
17459. The sale of real property pursuant to this article shall be
subject to the provisions of Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
17460. (a) Notwithstanding subdivision (c) of this section or
Sections 17456, 17457, and 42133, the West Contra Costa Unified
School District, formerly known as the Richmond Unified School
District, may enter into an agreement to lease any real property
pursuant to Section 17456 and may use the financing proceeds from the
agreement to terminate the Lease-Purchase Agreement, dated May 1,
1988, between the Richmond Unified School District Financing
Corporation and the Richmond Unified School District. However, any
property that has been leased, rented, sold, or otherwise utilized
pursuant to Section 41470 may not be leased pursuant to this section.
(b) The West Contra Costa Unified School District shall notify the
Controller at the time the district enters into a lease agreement
pursuant to subdivision (a). That notice shall set forth a schedule
of the rental payments payable under the lease agreement and shall
include the name and address of the trustee to whom the right to
receive the rental payments has been assigned.
(c) Upon written notification by the trustee that the school
district has not made one or more of the rental payments required by
the terms of the lease, the Controller shall pay to the trustee from
Section A of the State School Fund the defaulted rental payment. That
payment by the Controller shall not exceed the amount of any
apportionment entitlement of the district to moneys in Section A of
the State School Fund, less any payments required in that fiscal year
to repay any state loans made to the district. The Controller shall
withhold the amount of any payment made under this subdivision,
including reimbursement of the Controller's administrative costs as
determined under a schedule approved by the California Debt Advisory
Commission, from subsequent apportionments to the West Contra Costa
Unified School District from Section A of the State School Fund.
(d) Nothing in this section shall be construed to obligate the
state to make any payment to, or on behalf of, the West Contra Costa
Unified School District from Section A of the State School Fund in
any amount, pursuant to any particular allocation formula, or to make
any other payment to, or on behalf of, the district, including, but
not limited to, any payment of those rental payments.
(e) Any apportionments made by the Controller pursuant to
subdivision (c) shall be deemed to be an allocation to the West
Contra Costa Unified School District for purposes of subdivision (b)
of Section 8 of Article XVI of the California Constitution, and for
purposes of Chapter 2 (commencing with Section 41200) of Part 24.
17461. (a) The governing board of any school district that has, by
majority vote, established a standard rate or rates for the lease
pursuant to this article of its real property may, by majority vote,
delegate to the officer or employee as the governing board may
designate, the power to enter into any lease, for and on behalf of
the district, of any real property of the school district, with
respect to which real property either the district has received only
one sealed proposal that conforms with the existing standard rate or
rates, from a responsible bidder, and no oral bid that would meet the
requirements of Section 17473, or the lease is to be entered into
pursuant to Section 17480.
(b) The governing board of any school district may, by majority
vote, delegate to such officer or employee as the governing board may
designate, the power to enter into any lease, permit, or agreement
for the use by the district of buildings or other facilities if the
use is to be granted to the district without charge.
17462. (a) The funds derived from the sale of surplus property
shall be used for capital outlay or for costs of maintenance of
school district property that the governing board of the school
district determines will not recur within a five-year period.
Proceeds from a lease of school district property with an option to
purchase may be deposited into a restricted fund for the routine
repair of district facilities, as defined by the State Allocation
Board, for up to a five-year period. In addition, the proceeds from
the sale or lease with option to purchase may be deposited in the
general fund of the district if the school district governing board
and the State Allocation Board have determined that the district has
no anticipated need for additional sites or building construction for
the ten-year period following the sale or lease with option to
purchase, and the district has no major deferred maintenance
requirements. Proceeds from the sale or lease with option to purchase
of school district property shall be used for one-time expenditures,
and may not be used for ongoing expenditures including, but not
limited to, salaries and other general operating expenses.
(b) The proceeds may also be deposited into a special reserve fund
for capital outlay, for costs of maintenance of school district
property that the governing board determines will not recur within a
five-year period, or for the future maintenance and renovation of
schoolsites if the district governing board and the State Allocation
Board have determined that the district has no anticipated need for
schoolsites or building construction or major deferred maintenance
projects for a ten-year period following the sale or lease with
option to purchase. Proceeds deposited in the special reserve fund
shall not be available for general operating expenses as provided in
Section 42842.
(c) The State Allocation Board, in consultation with the
department, shall adopt regulations that govern the use of proceeds
pursuant to this section for one-time expenditures and define ongoing
expenditures for purposes of subdivision (a).
(d) Notwithstanding a determination by the State Allocation Board
pursuant to subdivision (a) that a school district has no anticipated
need for additional sites or building construction for the ten-year
period following the sale or lease with option to purchase of surplus
school property, the district may apply for new construction or
modernization funding pursuant to this chapter if both of the
following conditions are satisfied:
(1) Five years have elapsed since the date upon which the sale or
lease with option to purchase was executed.
(2) The State Allocation Board determines that the district has
demonstrated enrollment growth or a need for additional sites or
building construction that the district could not have easily
anticipated at the time the board made its original determination
that the district had no anticipated need for the ten-year period
following the sale or lease with option to purchase.
17462.7. The board shall reduce an apportionment of hardship
assistance awarded to a school district pursuant to Article 8
(commencing with Section 17075.10) by an amount equal to the amount
of any proceeds from the sale of surplus property used for a one-time
expenditure of the school district pursuant to Section 17462.5 for
five years following the expenditure.
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the district for any general fund purpose, subject to the following
conditions:
(a) Prior to that deposit, the district shall submit to the State
Allocation Board a capital outlay plan for the district for a period
of five years following that sale, together with a declaration of the
finding by the governing board of the school district that the
school facilities needs of the district can be met over that
five-year period without funding or other assistance from any state
school facilities funding program. No later than the date upon which
that initial five-year period concludes, the district shall submit to
the State Allocation Board a capital outlay plan for the district
for the subsequent five-year period.
(b) Prior to the decision to place that interest money into the
district's general fund, the governing board of the school district
shall consider the extent to which it is necessary or appropriate to
expend that money to meet the district's needs relative to capital
outlay, facilities, modernization, and deferred maintenance. In
addition, as to any interest money deposited into the district's
general fund pursuant to this section, the governing board shall
consider the extent to which it is necessary or appropriate to expend
the money to meet the district's needs relative to ongoing
maintenance prior to expending that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10,
Sections 17582 to 17592, inclusive, or any other state school
facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
22 (commencing with Section 17000), Chapter 14 (commencing with
Section 17085) of Part 10, Sections 17582 to 17592, inclusive, or any
other state school facilities funding program, on or after the
expiration of the 10-year period specified in subdivision (c), any
state funding received by the district from the program shall be
reduced by any remaining funds derived from the sale of that surplus
property by the district and any unencumbered interest earned on
those funds.
17463.7. (a) Notwithstanding any other law, a school district may
deposit the proceeds from the sale of surplus real property, together
with any personal property located on the property, purchased
entirely with local funds, into the general fund of the school
district and may use the proceeds for any one-time general fund
purpose. If the purchase of the property was made using the proceeds
of a local general obligation bond or revenue derived from developer
fees, the amount of the proceeds of the transaction that may be
deposited into the general fund of the school district may not exceed
the percentage computed by the difference between the purchase price
of the property and the proceeds from the transaction, divided by
the amount of the proceeds of the transaction. For the purposes of
this section, proceeds of the transaction means either of the
following, as appropriate:
(1) The amount realized from the sale of property after reasonable
expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment
of the proceeds of the transaction, the proceeds of the transaction
shall be calculated as the net present value of the future cashflow
generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of
hardship assistance awarded to the particular school district
pursuant to Article 8 (commencing with Section 17075.10) by an amount
equal to the amount of the sale of surplus real property used for a
one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted
pursuant to this section, the district is ineligible for hardship
funding from the State School Deferred Maintenance Fund under Section
17587 for five years after the date proceeds are deposited into the
general fund pursuant to this section.
(d) Before a school district exercises the authority granted
pursuant to this section, the governing board of the school district
shall first submit to the State Allocation Board documents certifying
the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school
construction needs for the next 10 years.
(e) Before the school district exercises the authority granted
pursuant to this section, the governing board of the school district
at a regularly scheduled meeting shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds and describe the reasons why the
expenditure will not result in ongoing fiscal obligations for the
school district.
(f) The Office of Public School Construction shall submit an
interim and a final report to the State Allocation Board and the
budget, education policy, and fiscal committees of the Legislature
that identifies the school districts that have exercised the
authority granted by this section, the amount of proceeds involved,
and the purpose for which those proceeds were used. The interim
report shall be submitted by January 1, 2011, and the final report by
January 1, 2012.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
17464. Except as provided for in Article 2 (commencing with Section
17230) of Chapter 1, the sale or lease with an option to purchase of
real property by a school district shall be in accordance with the
following priorities and procedures:
(a) First, the property shall be offered for park or recreational
purposes pursuant to Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code,
in any instance in which that article is applicable.
(b) Second, the property shall be offered for sale or lease with
an option to purchase, at fair market value in each of the following
ways:
(1) In writing, to the Director of General Services, the Regents
of the University of California, the Trustees of the California State
University, the county and city in which the property is situated,
to any public housing authority in the county in which the property
is situated, and to any entity referenced in paragraph (2) that has
submitted a written request to the school district to be directly
notified of the offer for sale or lease with an option to purchase
the real property by the district.
(2) By public notice to any public district, public authority,
public agency, public corporation, or any other political subdivision
in this state, to the federal government, and to nonprofit
charitable corporations existing on December 31, 1979, and organized
pursuant to Part 3 (commencing with Section 10200) of Division 2 of
Title 1 of the Corporations Code then in effect or organized on or
after January 1, 1980, as a public benefit corporation under Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code. Public notice shall consist of at least publishing
its intention to dispose of the real property in a newspaper of
general circulation within the district, or if there is no newspaper
of general circulation in the district, then in any newspaper of
general circulation that is regularly circulated in the district. The
notice shall specify that the property is being made available to
all public districts, public authorities, public agencies, and other
political subdivisions or public corporations in this state, and to
other nonprofit charitable or nonprofit public benefit corporations.
Publication of notice pursuant to this section shall be once each
week for three successive weeks. Three publications in a newspaper
regularly published once a week or more often, with at least five
days intervening between the respective publication dates not
counting the publication dates, are sufficient. The written notice
required by paragraph (1) shall be mailed no later than the date of
the second published notice.
The entity desiring to purchase or lease the property shall,
within 60 days after the third publication of notice, notify the
school district of its intent to purchase or lease the property. If
the entity desiring to purchase or lease the property and the
district are unable to arrive at a mutually satisfactory price or
lease payment during the 60-day period, the property may be disposed
of as otherwise provided in this section. In the event the district
receives offers from more than one entity pursuant to this
subdivision, the school district governing board may determine which
of these offers to accept.
(c) Third, the property may be disposed of in any other manner
authorized by law.
This section shall become operative January 1, 1988.
17465. (a) As used in this section, the terms "district," "special
education local plan area," and "county office" have the same meaning
as prescribed by Part 30 (commencing with Section 56000).
(b) The governing board of a school district that adopts a
resolution of intent to lease vacant classrooms shall first offer to
lease the classrooms for special education programs that are provided
by either other districts that comprise part of the special
education local plan area in which the leasing district is included
or by the county office having jurisdiction over the leasing
district, to the pupils of the leasing district, in whole or in part.
(c) Upon adoption of the resolution, the governing board shall
notify, in writing, other districts or the county office, as
specified in subdivision (b), of its intent to lease vacant
classrooms. The notice shall describe the vacant classrooms, shall
specify that the lease shall not exceed a term of 99 years and that
the lease payment and other terms of the lease are subject to
negotiation, and shall state that the offer to lease is valid for no
more than 60 days after receipt thereof.
(d) Notwithstanding Section 17466, the governing board may include
in its resolution a time for a public meeting of the governing board
to be held at its regular place of meeting at which sealed proposals
to lease will be received and considered, and, notwithstanding
Section 17469, may post copies of the resolution and publish notice
of the adoption of the resolution. However, the governing board shall
not act on any proposal prior to the first of the following
conditions occurring:
(1) Receipt from the county superintendent or the public education
agency, as appropriate, of its intent to lease the classrooms or of
its intent not to do so.
(2) Expiration of the 60-day period prescribed by subdivision (c).
(e) An entity desiring to lease the vacant classrooms shall,
within 60 days from receipt of the notification, inform the governing
board, in writing, of its intent to lease or not to lease the
classrooms.
(f) (1) The lease payments and other terms of the lease for vacant
classrooms leased to other districts or to the county office, as
specified in subdivision (b), shall be negotiated by the entity
desiring to lease the vacant classrooms and the governing board. Any
entity eligible to lease vacant classrooms pursuant to this section
and any governing board may negotiate lease payments prior to the
availability of the vacant classrooms.
(2) The lease payments shall not exceed the district's actual
costs for maintenance, operation, and custodial services for the
leased classrooms.
(3) If more than one governing board offers to lease classrooms,
the entity desiring to lease such classrooms may elect to negotiate
either individually with each district, or jointly, with some or all
of such districts. If the entity elects joint negotiations, the lease
payments shall not exceed the participating districts' average
actual costs for maintenance, operation, and custodial services for
the leased classrooms.
(g) If the governing board and the entity desiring to lease the
classrooms are unable to complete negotiations for the lease and
arrive at a mutually satisfactory lease within the same 60-day period
that the entity has to inform the governing board of its intent to
lease or not lease, the governing board may lease the classrooms in
accordance with the provisions of this article.
(h) If vacant classrooms are available in both operating and
nonoperating schools, the governing board, prior to adopting a
resolution of intent to lease, shall consider which school would
provide the environment least restrictive to the needs of handicapped
pupils or individuals with exceptional needs, as appropriate, for
whom the county superintendent or public education agency provides
special education programs.
17466. Before ordering the sale or lease of any property the
governing board, in a regular open meeting, by a two-thirds vote of
all its members, shall adopt a resolution, declaring its intention to
sell or lease the property, as the case may be. The resolution shall
describe the property proposed to be sold or leased in such manner
as to identify it and shall specify the minimum price or rental and
the terms upon which it will be sold or leased and the commission, or
rate thereof, if any, which the board will pay to a licensed real
estate broker out of the minimum price or rental. The resolution
shall fix a time not less than three weeks thereafter for a public
meeting of the governing board to be held at its regular place of
meeting, at which sealed proposals to purchase or lease will be
received and considered.
17467. In lieu of the declaration of intention to lease real
property provided in Section 17466, the governing board of any school
district having an average daily attendance of 400,000 or more as
shown by the annual report of the county superintendent of schools
for the preceding year may publish a notice three times in a period
of not less than 15 days in a newspaper of general circulation
published in the district. The notice shall describe the property
proposed to be leased in such manner as to identify it and shall
specify the minimum rental and terms upon which it will be leased.
The notice shall fix a time not less than 15 days thereafter for a
public meeting of the governing board to be held at its regular place
of meeting at which proposal to lease will be received and
considered.
The governing board by majority vote may adopt a ruling delegating
to such officer or employee of the district as the board may
designate, authority to perform the duties prescribed in this
section.
Bids received under this section shall be received, accepted, or
rejected in accordance with the provisions of this article.
17468. If, in the discretion of the board, it is advisable to offer
to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the commission shall be
specified in the resolution. No commission shall be paid unless there
is contained in or with the sealed proposal or stated in or with the
oral bid, which is finally accepted, the name of the licensed real
estate broker to whom it is to be paid, and the amount or rate
thereof. Any commission shall, however, be paid only out of money
received by the board from the sale or rental of the real property.
17469. Notice of the adoption of the resolution and of the time and
place of holding the meeting shall be given by posting copies of the
resolution signed by the board or by a majority thereof in three
public places in the district, not less than 15 days before the date
of the meeting, and by publishing the notice not less than once a
week for three successive weeks before the meeting in a newspaper of
general circulation published in the county in which the district or
any part thereof is situated, if any such newspaper is published
therein.
17470. (a) The governing board of a school district that intends to
sell real property pursuant to this article shall take reasonable
steps to ensure that the former owner from whom the district acquired
the property receives notice of the public meeting prescribed by
Section 17466, in writing, by certified mail, at least 60 days prior
to the meeting.
(b) The governing board of a school district shall not be required
to accord the former owner the right to purchase the property at the
tentatively accepted highest bid price nor to offer to sell the
property to the former owner at the tentatively accepted highest bid
price.
17471. Whenever it is proposed to lease real property and the
governing board unanimously determines in the resolution that in its
opinion, the monthly rental value of the property does not exceed the
sum of fifty dollars ($50), the resolution need not be posted and
may, before the date of the meeting, be published in two successive
issues of a weekly newspaper or in five successive issues of a daily
newspaper. The newspaper in which the notice is published shall be
one published in the district and having a general circulation there;
or if there is no newspaper, then one having a general circulation
in the district; or if there is no newspaper, then in one having a
general circulation in a county in which the district or any part
thereof is situated.
17472. At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals which have been
received shall, in public session, be opened, examined, and declared
by the board. Of the proposals submitted which conform to all terms
and conditions specified in the resolution of intention to sell or to
lease and which are made by responsible bidders, the proposal which
is the highest, after deducting therefrom the commission, if any, to
be paid a licensed real estate broker in connection therewith, shall
be finally accepted, unless a higher oral bid is accepted or the
board rejects all bids.
17473. Before accepting any written proposal, the board shall call
for oral bids. If, upon the call for oral bidding, any responsible
person offers to purchase the property or to lease the property, as
the case may be, upon the terms and conditions specified in the
resolution, for a price or rental exceeding by at least 5 percent,
the highest written proposal, after deducting the commission, if any,
to be paid a licensed real estate broker in connection therewith,
then the oral bid which is the highest after deducting any commission
to be paid a licensed real estate broker, in connection therewith,
which is made by a responsible person, shall be finally accepted.
Final acceptance shall not be made, however, until the oral bid is
reduced to writing and signed by the offeror.
17474. In the event of a sale on a higher oral bid to a purchaser
procured by a licensed real estate broker, other than the broker who
submitted the highest written proposal, and who is qualified as
provided in Section 17468 of this code, the board shall allow a
commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written
proposal shall be paid to the broker who submitted it, and the
balance of the commission on the purchase price to the broker who
procured the purchaser to whom the sale was confirmed.
17475. The final acceptance by the governing body may be made
either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.
17476. The governing body may at the session, if it deems such
action to be for the best public interest, reject any and all bids,
either written or oral, and withdraw the property from sale or lease.
17477. (a) (1) If the governing board has complied with the
provisions of this article, and no proposals are submitted or the
proposals submitted do not conform with all terms and conditions
specified in the resolution of intent to lease, the governing board
may within one year thereafter, or one year after the passage of 30
days from the rejection of a public entity's nonconforming proposal,
as appropriate, lease such real property, together with any personal
property located thereon, to any lessee, at a price not less than
fair market value in accordance with any terms and conditions agreed
upon by the governing board and the lessee, except that the term of a
lease shall not exceed three years. Sections 17461, 17464, and 17466
to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall
not apply to the lease.
(2) The governing board may by majority vote delegate an officer
or employee of the district, or any other third person, to secure a
lessee and to negotiate the terms and conditions of the lease.
However, the lease shall not be executed unless the governing board
by majority vote, at a public meeting, approves the lease.
(3) If a public entity has submitted a nonconforming proposal, the
governing board shall not take any action pursuant to this
subdivision until 30 days after the rejection of the proposal.
(b) Subdivision (a) shall not apply if a public entity has
submitted a proposal that does not conform with all the terms and
conditions specified in the resolution of intent to lease, and if the
public entity requests, in writing, within 30 days from the
rejection of its proposal, that the governing board lease the real
property, subject to the resolution of intent, in accordance with
this article.
17478. Any resolution of acceptance of any bid made by the
governing body authorizes and directs the president of the governing
body, or other presiding officer, or the members thereof, to execute
a deed or lease and to deliver it upon performance and compliance by
the purchaser or lessee of all the terms or conditions of his or her
contract to be performed concurrently therewith.
17479. Nothing in Sections 17455 to 17542, inclusive, shall prevent
the governing board of any school district from acquiring, leasing
or subleasing property pursuant to Section 1261 of the Military and
Veterans Code.
17480. The governing board of any school district may, without
complying with any other provision of this article, let in the name
of the district any buildings, grounds, or space therein, together
with any personal property located thereon, not needed for school
classroom buildings upon any terms and conditions as may be agreed
upon by the governing board of the district and the lessee thereof
for a period not exceeding 30 separate or consecutive calendar days
or portions thereof in each fiscal year.
17481. In addition to any other authority to lease real property,
the governing board of a school district, by a two-thirds vote of its
members, may lease, for a term not exceeding three months, school
district property having a residence thereon, which cannot be
developed for district purposes because of the unavailability of
funds. The lease shall be upon any terms and conditions that the
parties thereto may agree and may be entered into without complying
with any provisions in this code except as provided in this section.
17482. The governing board of a school district may, with the
approval of the county board of supervisors, sell or lease any
building of the district together with the site upon which the
building is located, without complying with any other provisions of
this article, provided that the county board of supervisors finds
that all of the following conditions exist:
(a) The sale or lease is to be made to an incorporated nonprofit
tax-exempt community or civic organization with a membership
comprised predominantly of persons residing in the community in which
the building and site are situated.
(b) The building is not suitable for school purposes.
(c) The building has an historic value and its preservation and
utilization for the benefit of the community will best be ensured by
sale or lease to an organization specified in subdivision (a).
(d) The sale or lease is to be executed for a consideration to
enure to the school district reflecting the fair market value of the
property, or its fair rental value, as the case may be, except that
the sale may be executed for a consideration that is less than the
fair market value of the property if all of the following conditions
exist:
(1) More than 50 percent of the buildings on the site have been
designated as historically significant by the State Historical
Resources Commission.
(2) For a period of 25 years, commencing with the date that
possession of the property is transferred, the building or buildings
designated pursuant to paragraph (1) shall be used and maintained for
public benefit as an historical resource, and the site shall
otherwise be available for public access and use, including, but not
limited to, park and recreational uses. Any violation of this
condition shall result in the automatic reversion of title to the
property so transferred, without remuneration, to the transferor
school district. The condition set forth in this paragraph does not
prohibit any use of the site that is necessary or appropriate to its
use and maintenance for historical purposes.
(3) The consideration paid is equal to or greater than the sum of
the actual cost of the acquisition of the property by the school
district and the actual cost of any capital improvements made to the
property.
(e) Adequate provision has been made in connection with the sale
or lease transaction to protect the district against all civil
liabilities which might arise in connection with any use of the
building and site.
17483. The failure to comply with the provisions of this article
shall not invalidate the transfer or conveyance of real property to a
purchaser or encumbrancer for value.
17484. The governing board of any school district, constituting the
governing body of an elementary district, a high school district, or
any two of those districts, may sell any building, structure, or
other fixture, belonging to one of its respective districts to
another district governed by it, for an amount to be fixed by the
governing body, without advertisement for or receipt of bids or
compliance with any other provisions of this code.
Whenever any property is sold under this section it shall be
removed from the premises of the district selling it within 60 days
from the date of the sale.
17455. The governing board of any school district may sell any real
property belonging to the school district or may lease for a term
not exceeding 99 years, any real property, together with any personal
property located thereon, belonging to the school district which is
not or will not be needed by the district for school classroom
buildings at the time of delivery of title or possession. The sale or
lease may be made without first taking a vote of the electors of the
district, and shall be made in the manner provided by this article.
17456. Notwithstanding Section 17455, the sale by the governing
board of any school district of any real property belonging to the
school district or the lease by that governing board, for a term not
exceeding 99 years, of any real property, together with any personal
property located thereon, belonging to the school district shall not
be subject to any other provision of this chapter, to Article 5
(commencing with Section 17485), or to Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, if all of the following conditions are met:
(a) The property is sold or leased to another local governmental
agency, or to a nonprofit corporation that is organized for the
purpose of assisting one or more local governmental agencies in
obtaining financing.
(b) (1) In the case of the sale of school district property
pursuant to this section, the school district, as part of that same
sale transaction, simultaneously repurchases the same property that
is the subject of the transaction.
(2) In the case of the lease of school district property pursuant
to this section, the school district, as part of that same lease
transaction, simultaneously leases back, for a term that is not
substantially less than the term of that lease, the same property
that is the subject of the transaction.
(c) The financing proceeds obtained by the school district
pursuant to the transaction described in this section are expended
solely for capital outlay purposes, including the acquisition of real
property for intended use as a schoolsite and the construction,
reconstruction, and renovation of school facilities.
17457. Notwithstanding any other provision of this part, in
connection with a sale, sale back, lease, or leaseback of school
district property, no proceeds obtained by the school district from
the sale of the sale back or leaseback agreement, or interests
therein, or a debt instrument payable from payments under the sale
back or leaseback agreement shall be used for general operating
purposes of the school district.
17458. (a) Notwithstanding Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, the governing board of any school district complying
with Section 101338.2 of Title 22 of the California Administrative
Code and seeking to sell or lease any real property it deems to be
surplus property may first offer that property for sale or lease to
any contracting agency, as defined in Section 8208 of the Education
Code, pursuant to the following conditions:
(1) The real property sold or leased shall be used by the
contracting agency, or by any successor in interest to the
contracting agency, exclusively for the delivery of child care and
development services, as defined in Section 8208 of the Education
Code, for a period of not less than five years from the date upon
which the real property is made available to that agency, or
successor in interest, pursuant to the sale, or, in the event of a
lease, until the real property is returned to the possession of the
school district, whichever occurs earlier.
(2) In the event that the contracting agency, or any successor in
interest, fails to comply with the condition set forth in paragraph
(1), that agency, or successor in interest, that purchased the real
property, is required immediately to offer that real property for
sale pursuant to this article and Article 5 (commencing with Section
17485) and to sell the property pursuant to those provisions. The
agency, or its successor in interest, shall comply, in that regard,
with all requirements under those provisions that would otherwise
apply to a school district, except that a sale price computed under
subdivision (a) of Section 17491 shall be based upon the cost of
acquisition incurred by the school district that sold the property
pursuant to this subdivision, rather than that incurred by the
contracting agency or its successor in interest. In the event,
alternatively, of a lease of real property pursuant to this
subdivision, the failure by the contracting agency, or any successor
in interest, to comply with paragraph (1) shall constitute a breach
of the lease, entitling the school district to immediate possession
of the real property, in addition to any damages to which the
district may be entitled under the lease agreement.
(3) The school district, and each of the entities authorized to
receive offers of sale pursuant to this article or Article 5
(commencing with Section 17485), has standing to enforce the
conditions set forth in this subdivision, and shall be entitled to
the payment of reasonable attorneys' fees incurred as a prevailing
party in any action or proceeding brought to enforce any of those
conditions.
(b) No sale or lease of the real property of any school district,
as authorized under subdivision (a), may occur until the school
district advisory committee has held hearings pursuant to subdivision
(c) of Section 17390.
(c) This section is in addition to, and shall not limit the
requirements of, Article 5 (commencing with Section 17485), but this
section may be utilized with regard to property which the governing
board of a school district may retain under Section 17490.
17459. The sale of real property pursuant to this article shall be
subject to the provisions of Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
17460. (a) Notwithstanding subdivision (c) of this section or
Sections 17456, 17457, and 42133, the West Contra Costa Unified
School District, formerly known as the Richmond Unified School
District, may enter into an agreement to lease any real property
pursuant to Section 17456 and may use the financing proceeds from the
agreement to terminate the Lease-Purchase Agreement, dated May 1,
1988, between the Richmond Unified School District Financing
Corporation and the Richmond Unified School District. However, any
property that has been leased, rented, sold, or otherwise utilized
pursuant to Section 41470 may not be leased pursuant to this section.
(b) The West Contra Costa Unified School District shall notify the
Controller at the time the district enters into a lease agreement
pursuant to subdivision (a). That notice shall set forth a schedule
of the rental payments payable under the lease agreement and shall
include the name and address of the trustee to whom the right to
receive the rental payments has been assigned.
(c) Upon written notification by the trustee that the school
district has not made one or more of the rental payments required by
the terms of the lease, the Controller shall pay to the trustee from
Section A of the State School Fund the defaulted rental payment. That
payment by the Controller shall not exceed the amount of any
apportionment entitlement of the district to moneys in Section A of
the State School Fund, less any payments required in that fiscal year
to repay any state loans made to the district. The Controller shall
withhold the amount of any payment made under this subdivision,
including reimbursement of the Controller's administrative costs as
determined under a schedule approved by the California Debt Advisory
Commission, from subsequent apportionments to the West Contra Costa
Unified School District from Section A of the State School Fund.
(d) Nothing in this section shall be construed to obligate the
state to make any payment to, or on behalf of, the West Contra Costa
Unified School District from Section A of the State School Fund in
any amount, pursuant to any particular allocation formula, or to make
any other payment to, or on behalf of, the district, including, but
not limited to, any payment of those rental payments.
(e) Any apportionments made by the Controller pursuant to
subdivision (c) shall be deemed to be an allocation to the West
Contra Costa Unified School District for purposes of subdivision (b)
of Section 8 of Article XVI of the California Constitution, and for
purposes of Chapter 2 (commencing with Section 41200) of Part 24.
17461. (a) The governing board of any school district that has, by
majority vote, established a standard rate or rates for the lease
pursuant to this article of its real property may, by majority vote,
delegate to the officer or employee as the governing board may
designate, the power to enter into any lease, for and on behalf of
the district, of any real property of the school district, with
respect to which real property either the district has received only
one sealed proposal that conforms with the existing standard rate or
rates, from a responsible bidder, and no oral bid that would meet the
requirements of Section 17473, or the lease is to be entered into
pursuant to Section 17480.
(b) The governing board of any school district may, by majority
vote, delegate to such officer or employee as the governing board may
designate, the power to enter into any lease, permit, or agreement
for the use by the district of buildings or other facilities if the
use is to be granted to the district without charge.
17462. (a) The funds derived from the sale of surplus property
shall be used for capital outlay or for costs of maintenance of
school district property that the governing board of the school
district determines will not recur within a five-year period.
Proceeds from a lease of school district property with an option to
purchase may be deposited into a restricted fund for the routine
repair of district facilities, as defined by the State Allocation
Board, for up to a five-year period. In addition, the proceeds from
the sale or lease with option to purchase may be deposited in the
general fund of the district if the school district governing board
and the State Allocation Board have determined that the district has
no anticipated need for additional sites or building construction for
the ten-year period following the sale or lease with option to
purchase, and the district has no major deferred maintenance
requirements. Proceeds from the sale or lease with option to purchase
of school district property shall be used for one-time expenditures,
and may not be used for ongoing expenditures including, but not
limited to, salaries and other general operating expenses.
(b) The proceeds may also be deposited into a special reserve fund
for capital outlay, for costs of maintenance of school district
property that the governing board determines will not recur within a
five-year period, or for the future maintenance and renovation of
schoolsites if the district governing board and the State Allocation
Board have determined that the district has no anticipated need for
schoolsites or building construction or major deferred maintenance
projects for a ten-year period following the sale or lease with
option to purchase. Proceeds deposited in the special reserve fund
shall not be available for general operating expenses as provided in
Section 42842.
(c) The State Allocation Board, in consultation with the
department, shall adopt regulations that govern the use of proceeds
pursuant to this section for one-time expenditures and define ongoing
expenditures for purposes of subdivision (a).
(d) Notwithstanding a determination by the State Allocation Board
pursuant to subdivision (a) that a school district has no anticipated
need for additional sites or building construction for the ten-year
period following the sale or lease with option to purchase of surplus
school property, the district may apply for new construction or
modernization funding pursuant to this chapter if both of the
following conditions are satisfied:
(1) Five years have elapsed since the date upon which the sale or
lease with option to purchase was executed.
(2) The State Allocation Board determines that the district has
demonstrated enrollment growth or a need for additional sites or
building construction that the district could not have easily
anticipated at the time the board made its original determination
that the district had no anticipated need for the ten-year period
following the sale or lease with option to purchase.
17462.7. The board shall reduce an apportionment of hardship
assistance awarded to a school district pursuant to Article 8
(commencing with Section 17075.10) by an amount equal to the amount
of any proceeds from the sale of surplus property used for a one-time
expenditure of the school district pursuant to Section 17462.5 for
five years following the expenditure.
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the district for any general fund purpose, subject to the following
conditions:
(a) Prior to that deposit, the district shall submit to the State
Allocation Board a capital outlay plan for the district for a period
of five years following that sale, together with a declaration of the
finding by the governing board of the school district that the
school facilities needs of the district can be met over that
five-year period without funding or other assistance from any state
school facilities funding program. No later than the date upon which
that initial five-year period concludes, the district shall submit to
the State Allocation Board a capital outlay plan for the district
for the subsequent five-year period.
(b) Prior to the decision to place that interest money into the
district's general fund, the governing board of the school district
shall consider the extent to which it is necessary or appropriate to
expend that money to meet the district's needs relative to capital
outlay, facilities, modernization, and deferred maintenance. In
addition, as to any interest money deposited into the district's
general fund pursuant to this section, the governing board shall
consider the extent to which it is necessary or appropriate to expend
the money to meet the district's needs relative to ongoing
maintenance prior to expending that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10,
Sections 17582 to 17592, inclusive, or any other state school
facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
22 (commencing with Section 17000), Chapter 14 (commencing with
Section 17085) of Part 10, Sections 17582 to 17592, inclusive, or any
other state school facilities funding program, on or after the
expiration of the 10-year period specified in subdivision (c), any
state funding received by the district from the program shall be
reduced by any remaining funds derived from the sale of that surplus
property by the district and any unencumbered interest earned on
those funds.
17463.7. (a) Notwithstanding any other law, a school district may
deposit the proceeds from the sale of surplus real property, together
with any personal property located on the property, purchased
entirely with local funds, into the general fund of the school
district and may use the proceeds for any one-time general fund
purpose. If the purchase of the property was made using the proceeds
of a local general obligation bond or revenue derived from developer
fees, the amount of the proceeds of the transaction that may be
deposited into the general fund of the school district may not exceed
the percentage computed by the difference between the purchase price
of the property and the proceeds from the transaction, divided by
the amount of the proceeds of the transaction. For the purposes of
this section, proceeds of the transaction means either of the
following, as appropriate:
(1) The amount realized from the sale of property after reasonable
expenses related to the sale.
(2) For a transaction that does not result in a lump-sum payment
of the proceeds of the transaction, the proceeds of the transaction
shall be calculated as the net present value of the future cashflow
generated by the transaction.
(b) The State Allocation Board shall reduce an apportionment of
hardship assistance awarded to the particular school district
pursuant to Article 8 (commencing with Section 17075.10) by an amount
equal to the amount of the sale of surplus real property used for a
one-time expenditure of the school district pursuant to this section.
(c) If the school district exercises the authority granted
pursuant to this section, the district is ineligible for hardship
funding from the State School Deferred Maintenance Fund under Section
17587 for five years after the date proceeds are deposited into the
general fund pursuant to this section.
(d) Before a school district exercises the authority granted
pursuant to this section, the governing board of the school district
shall first submit to the State Allocation Board documents certifying
the following:
(1) The school district has no major deferred maintenance
requirements not covered by existing capital outlay resources.
(2) The sale of real property pursuant to this section does not
violate the provisions of a local bond act.
(3) The real property is not suitable to meet projected school
construction needs for the next 10 years.
(e) Before the school district exercises the authority granted
pursuant to this section, the governing board of the school district
at a regularly scheduled meeting shall present a plan for expending
one-time resources pursuant to this section. The plan shall identify
the source and use of the funds and describe the reasons why the
expenditure will not result in ongoing fiscal obligations for the
school district.
(f) The Office of Public School Construction shall submit an
interim and a final report to the State Allocation Board and the
budget, education policy, and fiscal committees of the Legislature
that identifies the school districts that have exercised the
authority granted by this section, the amount of proceeds involved,
and the purpose for which those proceeds were used. The interim
report shall be submitted by January 1, 2011, and the final report by
January 1, 2012.
(g) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
17464. Except as provided for in Article 2 (commencing with Section
17230) of Chapter 1, the sale or lease with an option to purchase of
real property by a school district shall be in accordance with the
following priorities and procedures:
(a) First, the property shall be offered for park or recreational
purposes pursuant to Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code,
in any instance in which that article is applicable.
(b) Second, the property shall be offered for sale or lease with
an option to purchase, at fair market value in each of the following
ways:
(1) In writing, to the Director of General Services, the Regents
of the University of California, the Trustees of the California State
University, the county and city in which the property is situated,
to any public housing authority in the county in which the property
is situated, and to any entity referenced in paragraph (2) that has
submitted a written request to the school district to be directly
notified of the offer for sale or lease with an option to purchase
the real property by the district.
(2) By public notice to any public district, public authority,
public agency, public corporation, or any other political subdivision
in this state, to the federal government, and to nonprofit
charitable corporations existing on December 31, 1979, and organized
pursuant to Part 3 (commencing with Section 10200) of Division 2 of
Title 1 of the Corporations Code then in effect or organized on or
after January 1, 1980, as a public benefit corporation under Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code. Public notice shall consist of at least publishing
its intention to dispose of the real property in a newspaper of
general circulation within the district, or if there is no newspaper
of general circulation in the district, then in any newspaper of
general circulation that is regularly circulated in the district. The
notice shall specify that the property is being made available to
all public districts, public authorities, public agencies, and other
political subdivisions or public corporations in this state, and to
other nonprofit charitable or nonprofit public benefit corporations.
Publication of notice pursuant to this section shall be once each
week for three successive weeks. Three publications in a newspaper
regularly published once a week or more often, with at least five
days intervening between the respective publication dates not
counting the publication dates, are sufficient. The written notice
required by paragraph (1) shall be mailed no later than the date of
the second published notice.
The entity desiring to purchase or lease the property shall,
within 60 days after the third publication of notice, notify the
school district of its intent to purchase or lease the property. If
the entity desiring to purchase or lease the property and the
district are unable to arrive at a mutually satisfactory price or
lease payment during the 60-day period, the property may be disposed
of as otherwise provided in this section. In the event the district
receives offers from more than one entity pursuant to this
subdivision, the school district governing board may determine which
of these offers to accept.
(c) Third, the property may be disposed of in any other manner
authorized by law.
This section shall become operative January 1, 1988.
17465. (a) As used in this section, the terms "district," "special
education local plan area," and "county office" have the same meaning
as prescribed by Part 30 (commencing with Section 56000).
(b) The governing board of a school district that adopts a
resolution of intent to lease vacant classrooms shall first offer to
lease the classrooms for special education programs that are provided
by either other districts that comprise part of the special
education local plan area in which the leasing district is included
or by the county office having jurisdiction over the leasing
district, to the pupils of the leasing district, in whole or in part.
(c) Upon adoption of the resolution, the governing board shall
notify, in writing, other districts or the county office, as
specified in subdivision (b), of its intent to lease vacant
classrooms. The notice shall describe the vacant classrooms, shall
specify that the lease shall not exceed a term of 99 years and that
the lease payment and other terms of the lease are subject to
negotiation, and shall state that the offer to lease is valid for no
more than 60 days after receipt thereof.
(d) Notwithstanding Section 17466, the governing board may include
in its resolution a time for a public meeting of the governing board
to be held at its regular place of meeting at which sealed proposals
to lease will be received and considered, and, notwithstanding
Section 17469, may post copies of the resolution and publish notice
of the adoption of the resolution. However, the governing board shall
not act on any proposal prior to the first of the following
conditions occurring:
(1) Receipt from the county superintendent or the public education
agency, as appropriate, of its intent to lease the classrooms or of
its intent not to do so.
(2) Expiration of the 60-day period prescribed by subdivision (c).
(e) An entity desiring to lease the vacant classrooms shall,
within 60 days from receipt of the notification, inform the governing
board, in writing, of its intent to lease or not to lease the
classrooms.
(f) (1) The lease payments and other terms of the lease for vacant
classrooms leased to other districts or to the county office, as
specified in subdivision (b), shall be negotiated by the entity
desiring to lease the vacant classrooms and the governing board. Any
entity eligible to lease vacant classrooms pursuant to this section
and any governing board may negotiate lease payments prior to the
availability of the vacant classrooms.
(2) The lease payments shall not exceed the district's actual
costs for maintenance, operation, and custodial services for the
leased classrooms.
(3) If more than one governing board offers to lease classrooms,
the entity desiring to lease such classrooms may elect to negotiate
either individually with each district, or jointly, with some or all
of such districts. If the entity elects joint negotiations, the lease
payments shall not exceed the participating districts' average
actual costs for maintenance, operation, and custodial services for
the leased classrooms.
(g) If the governing board and the entity desiring to lease the
classrooms are unable to complete negotiations for the lease and
arrive at a mutually satisfactory lease within the same 60-day period
that the entity has to inform the governing board of its intent to
lease or not lease, the governing board may lease the classrooms in
accordance with the provisions of this article.
(h) If vacant classrooms are available in both operating and
nonoperating schools, the governing board, prior to adopting a
resolution of intent to lease, shall consider which school would
provide the environment least restrictive to the needs of handicapped
pupils or individuals with exceptional needs, as appropriate, for
whom the county superintendent or public education agency provides
special education programs.
17466. Before ordering the sale or lease of any property the
governing board, in a regular open meeting, by a two-thirds vote of
all its members, shall adopt a resolution, declaring its intention to
sell or lease the property, as the case may be. The resolution shall
describe the property proposed to be sold or leased in such manner
as to identify it and shall specify the minimum price or rental and
the terms upon which it will be sold or leased and the commission, or
rate thereof, if any, which the board will pay to a licensed real
estate broker out of the minimum price or rental. The resolution
shall fix a time not less than three weeks thereafter for a public
meeting of the governing board to be held at its regular place of
meeting, at which sealed proposals to purchase or lease will be
received and considered.
17467. In lieu of the declaration of intention to lease real
property provided in Section 17466, the governing board of any school
district having an average daily attendance of 400,000 or more as
shown by the annual report of the county superintendent of schools
for the preceding year may publish a notice three times in a period
of not less than 15 days in a newspaper of general circulation
published in the district. The notice shall describe the property
proposed to be leased in such manner as to identify it and shall
specify the minimum rental and terms upon which it will be leased.
The notice shall fix a time not less than 15 days thereafter for a
public meeting of the governing board to be held at its regular place
of meeting at which proposal to lease will be received and
considered.
The governing board by majority vote may adopt a ruling delegating
to such officer or employee of the district as the board may
designate, authority to perform the duties prescribed in this
section.
Bids received under this section shall be received, accepted, or
rejected in accordance with the provisions of this article.
17468. If, in the discretion of the board, it is advisable to offer
to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the commission shall be
specified in the resolution. No commission shall be paid unless there
is contained in or with the sealed proposal or stated in or with the
oral bid, which is finally accepted, the name of the licensed real
estate broker to whom it is to be paid, and the amount or rate
thereof. Any commission shall, however, be paid only out of money
received by the board from the sale or rental of the real property.
17469. Notice of the adoption of the resolution and of the time and
place of holding the meeting shall be given by posting copies of the
resolution signed by the board or by a majority thereof in three
public places in the district, not less than 15 days before the date
of the meeting, and by publishing the notice not less than once a
week for three successive weeks before the meeting in a newspaper of
general circulation published in the county in which the district or
any part thereof is situated, if any such newspaper is published
therein.
17470. (a) The governing board of a school district that intends to
sell real property pursuant to this article shall take reasonable
steps to ensure that the former owner from whom the district acquired
the property receives notice of the public meeting prescribed by
Section 17466, in writing, by certified mail, at least 60 days prior
to the meeting.
(b) The governing board of a school district shall not be required
to accord the former owner the right to purchase the property at the
tentatively accepted highest bid price nor to offer to sell the
property to the former owner at the tentatively accepted highest bid
price.
17471. Whenever it is proposed to lease real property and the
governing board unanimously determines in the resolution that in its
opinion, the monthly rental value of the property does not exceed the
sum of fifty dollars ($50), the resolution need not be posted and
may, before the date of the meeting, be published in two successive
issues of a weekly newspaper or in five successive issues of a daily
newspaper. The newspaper in which the notice is published shall be
one published in the district and having a general circulation there;
or if there is no newspaper, then one having a general circulation
in the district; or if there is no newspaper, then in one having a
general circulation in a county in which the district or any part
thereof is situated.
17472. At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals which have been
received shall, in public session, be opened, examined, and declared
by the board. Of the proposals submitted which conform to all terms
and conditions specified in the resolution of intention to sell or to
lease and which are made by responsible bidders, the proposal which
is the highest, after deducting therefrom the commission, if any, to
be paid a licensed real estate broker in connection therewith, shall
be finally accepted, unless a higher oral bid is accepted or the
board rejects all bids.
17473. Before accepting any written proposal, the board shall call
for oral bids. If, upon the call for oral bidding, any responsible
person offers to purchase the property or to lease the property, as
the case may be, upon the terms and conditions specified in the
resolution, for a price or rental exceeding by at least 5 percent,
the highest written proposal, after deducting the commission, if any,
to be paid a licensed real estate broker in connection therewith,
then the oral bid which is the highest after deducting any commission
to be paid a licensed real estate broker, in connection therewith,
which is made by a responsible person, shall be finally accepted.
Final acceptance shall not be made, however, until the oral bid is
reduced to writing and signed by the offeror.
17474. In the event of a sale on a higher oral bid to a purchaser
procured by a licensed real estate broker, other than the broker who
submitted the highest written proposal, and who is qualified as
provided in Section 17468 of this code, the board shall allow a
commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written
proposal shall be paid to the broker who submitted it, and the
balance of the commission on the purchase price to the broker who
procured the purchaser to whom the sale was confirmed.
17475. The final acceptance by the governing body may be made
either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.
17476. The governing body may at the session, if it deems such
action to be for the best public interest, reject any and all bids,
either written or oral, and withdraw the property from sale or lease.
17477. (a) (1) If the governing board has complied with the
provisions of this article, and no proposals are submitted or the
proposals submitted do not conform with all terms and conditions
specified in the resolution of intent to lease, the governing board
may within one year thereafter, or one year after the passage of 30
days from the rejection of a public entity's nonconforming proposal,
as appropriate, lease such real property, together with any personal
property located thereon, to any lessee, at a price not less than
fair market value in accordance with any terms and conditions agreed
upon by the governing board and the lessee, except that the term of a
lease shall not exceed three years. Sections 17461, 17464, and 17466
to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall
not apply to the lease.
(2) The governing board may by majority vote delegate an officer
or employee of the district, or any other third person, to secure a
lessee and to negotiate the terms and conditions of the lease.
However, the lease shall not be executed unless the governing board
by majority vote, at a public meeting, approves the lease.
(3) If a public entity has submitted a nonconforming proposal, the
governing board shall not take any action pursuant to this
subdivision until 30 days after the rejection of the proposal.
(b) Subdivision (a) shall not apply if a public entity has
submitted a proposal that does not conform with all the terms and
conditions specified in the resolution of intent to lease, and if the
public entity requests, in writing, within 30 days from the
rejection of its proposal, that the governing board lease the real
property, subject to the resolution of intent, in accordance with
this article.
17478. Any resolution of acceptance of any bid made by the
governing body authorizes and directs the president of the governing
body, or other presiding officer, or the members thereof, to execute
a deed or lease and to deliver it upon performance and compliance by
the purchaser or lessee of all the terms or conditions of his or her
contract to be performed concurrently therewith.
17479. Nothing in Sections 17455 to 17542, inclusive, shall prevent
the governing board of any school district from acquiring, leasing
or subleasing property pursuant to Section 1261 of the Military and
Veterans Code.
17480. The governing board of any school district may, without
complying with any other provision of this article, let in the name
of the district any buildings, grounds, or space therein, together
with any personal property located thereon, not needed for school
classroom buildings upon any terms and conditions as may be agreed
upon by the governing board of the district and the lessee thereof
for a period not exceeding 30 separate or consecutive calendar days
or portions thereof in each fiscal year.
17481. In addition to any other authority to lease real property,
the governing board of a school district, by a two-thirds vote of its
members, may lease, for a term not exceeding three months, school
district property having a residence thereon, which cannot be
developed for district purposes because of the unavailability of
funds. The lease shall be upon any terms and conditions that the
parties thereto may agree and may be entered into without complying
with any provisions in this code except as provided in this section.
17482. The governing board of a school district may, with the
approval of the county board of supervisors, sell or lease any
building of the district together with the site upon which the
building is located, without complying with any other provisions of
this article, provided that the county board of supervisors finds
that all of the following conditions exist:
(a) The sale or lease is to be made to an incorporated nonprofit
tax-exempt community or civic organization with a membership
comprised predominantly of persons residing in the community in which
the building and site are situated.
(b) The building is not suitable for school purposes.
(c) The building has an historic value and its preservation and
utilization for the benefit of the community will best be ensured by
sale or lease to an organization specified in subdivision (a).
(d) The sale or lease is to be executed for a consideration to
enure to the school district reflecting the fair market value of the
property, or its fair rental value, as the case may be, except that
the sale may be executed for a consideration that is less than the
fair market value of the property if all of the following conditions
exist:
(1) More than 50 percent of the buildings on the site have been
designated as historically significant by the State Historical
Resources Commission.
(2) For a period of 25 years, commencing with the date that
possession of the property is transferred, the building or buildings
designated pursuant to paragraph (1) shall be used and maintained for
public benefit as an historical resource, and the site shall
otherwise be available for public access and use, including, but not
limited to, park and recreational uses. Any violation of this
condition shall result in the automatic reversion of title to the
property so transferred, without remuneration, to the transferor
school district. The condition set forth in this paragraph does not
prohibit any use of the site that is necessary or appropriate to its
use and maintenance for historical purposes.
(3) The consideration paid is equal to or greater than the sum of
the actual cost of the acquisition of the property by the school
district and the actual cost of any capital improvements made to the
property.
(e) Adequate provision has been made in connection with the sale
or lease transaction to protect the district against all civil
liabilities which might arise in connection with any use of the
building and site.
17483. The failure to comply with the provisions of this article
shall not invalidate the transfer or conveyance of real property to a
purchaser or encumbrancer for value.
17484. The governing board of any school district, constituting the
governing body of an elementary district, a high school district, or
any two of those districts, may sell any building, structure, or
other fixture, belonging to one of its respective districts to
another district governed by it, for an amount to be fixed by the
governing body, without advertisement for or receipt of bids or
compliance with any other provisions of this code.
Whenever any property is sold under this section it shall be
removed from the premises of the district selling it within 60 days
from the date of the sale.
