Page 12 - Microsoft Word - Lozano Smith Surplus Property Checklist - August 2025.docx

o Notices of availability for developing property within an infill opportunity zone or within
an area covered by a transit village plan adopted pursuant to the Transit Village
Development Planning Act of 1994 must be sent to any county, city, city and county,
successor agency to a former redevelopment agency, public transportation agency, or
housing authority within whose jurisdiction the surplus land is located

If any SLA noticing requirements apply, and any of the notified entities are interested in
obtaining the property, they must notify the district of their interest in purchasing or leasing
the land within 60 days of the district’s written notice of availability. (Gov. Code, § 54222(e).)

In the event of such notification by an interested entity, the district and the purchasing or
leasing entity must enter into good faith negotiations to determine a mutually satisfactory
price. If the price cannot be agreed upon after a good faith negotiation period of at least 90
days, the district’s obligations under Government Code section 54222 are discharged. (Gov.
Code, § 54223(a).)

If the district does not agree to price and terms of sale during the 90-day period described
above, the district may proceed to dispose of property in any manner authorized by law.
However, if negotiations are unsuccessful and the district ultimately disposes of the land to
an entity that uses the property for development of 10 or more residential units, additional
requirements related to provision of affordable housing units will apply. (Gov. Code, §
54233.)

E. Additional Offers if Leasing Vacant Classrooms
The district must offer to lease the classrooms for special education programs that are
provided by either other school districts that comprise part of the district’s SELPA, or by the
COE (and that serve the district’s students, in whole or in part). (Ed. Code, § 17465(b).)

Upon adoption of the resolution of intent to lease real property (further described below),
the district must notify in writing the other districts or the COE, as applicable, of its intent to
lease vacant classrooms. (Ed. Code, § 17465(c).)

o The notice shall describe the vacant classrooms, specify that the lease shall not exceed a
99-year term, specify that the lease payment and other lease terms are subject to
negotiation, and state that the offer is valid for no more than 60 days after receipt
thereof. (Ed. Code, § 17465(c).)

The school district/COE shall inform the Board in writing of its intent to lease or not lease the
classrooms within 60 days from the receipt of the notification. (Ed. Code, § 17465(e).)

The district may include in its resolution of intent a time for a regular Board meeting at which
sealed proposals to lease will be received and considered, and may post copies of the
resolution and publish notice of the adoption of the resolution. However, the Board shall not

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