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act on any proposal prior to the first of the following conditions occurring (Ed. Code,
§ 17465(d)):

o Receipt from the public education agency or the county superintendent, as appropriate,
of its intent to lease the classrooms or of its intent not to do so.

o Expiration of the 60-day period.

The lease terms shall be negotiated by the entity desiring to lease the vacant classrooms and
the Board (the terms may be negotiated prior to availability of the classrooms). (Ed. Code,
§ 17465(f)(1).)

o The lease payments shall not exceed the district’s actual costs for maintenance,
operation, and custodial services for the leased classrooms. (Ed. Code, § 17465(f)(2).) If
more than one school district offers to lease classrooms, the leasing district may elect to
negotiate either individually or jointly with the interested districts. (Ed. Code,
§ 17465(f)(3).)

If the parties are unable to arrive at a mutually satisfactory lease within the 60-day period,
the district may offer the property to other parties. (Ed. Code, § 17465(g).)

F. Offers to Interested Charter Schools No Longer Required
For a period of time prior to July 1, 2016, the governing board of a school district seeking to
sell or lease surplus real property was required to offer that property for sale or lease to
interested charter schools if certain criteria were met. This requirement sunset on July 1,
2016, and is no longer applicable. (Ed. Code, § 17457.5.)

VI. Notification of Local City or County Planning Agency Prior to Sale
If the local city or county planning agency has adopted a general plan or part thereof which
affects or includes the area where the property is located, the district must notify the agency
in writing before the district may sell the property. The notification must identify the
property’s location, and the purpose and extent of the proposed sale. (Gov. Code,
§ 65402(a), (c).)

The local planning agency must report back to the district within 40 days, indicating whether
the proposed sale is in conformity with the general plan. If the agency fails to respond within
40 days, it is conclusively deemed a finding that the proposed sale is in conformity with the
general plan or part thereof. (Gov. Code, § 65402(c).)

Even if the planning agency disapproves of the location, purpose or extent of the property
sale, the district may overrule such disapproval. (Govt. Code § 65402(c).)

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