81360-81382

EDUCATION CODE
SECTION 81360-81382




81360.  The governing board of a community college district may sell
any real property belonging to the district or may lease for a term
not exceeding 99 years, any real property, together with any personal
property located thereon, belonging to the 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.



81361.  The governing board of a community college 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 an officer or employee as the governing board may
designate, the power to enter into leases, for and in behalf of the
district, of any real property of the district, with respect to which
real property the district has received only one sealed proposal
that conforms with the existing standard rate or rates, from a
responsible bidder.


81363.  The funds derived from the sale or from a lease with an
option to purchase shall be used for capital outlay or deferred
maintenance; provided, however, that the proceeds of property sold or
leased in accordance with subdivision (a) or (b) of Section 81363.5
may be deposited in the general fund of the district if, prior to the
sale or lease, the community college district governing board has
determined that the district has no anticipated need for additional
sites or building construction for the five-year period following the
sale or lease.


81363.5.  Except as provided for in Article 9 (commencing with
Section 81190) of Chapter 1, the sale or lease with an option to
purchase of real property by a community college 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 such article is applicable.
   (b) Second, the property shall be offered for sale or lease with
an option to purchase, at fair market value;
   (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,
and to any public housing authority in the county in which the
property is situated; and
   (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 for
charitable purposes on or after January 1, 1980, 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 such
newspaper, 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 such publication dates, are sufficient. The written notice
required by paragraph (1) of this subdivision 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
community college 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, in its
discretion, determine which of the offers to accept.
   (c) Third, the property may be disposed of in any other manner
authorized by law.


81364.  Any lease may be made upon such consideration or for such
rental, as is authorized by the action of the governing board.



81365.  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.



81366.  In lieu of the declaration of intention to lease real
property provided in Section 81365, the governing board of a
community college 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.




81367.  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 that 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.


81368.  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.


81369.  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 such newspaper, then one having a general
circulation in the district; or if there is no such newspaper, then
in one having a general circulation in a county in which the district
or any part thereof is situated.



81370.  (a) At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals that have been
received shall, in public session, be opened, examined, and declared
by the board. Except as provided in subdivision (b), of the proposals
submitted that conform to all terms and conditions specified in the
resolution of intention to sell or to lease and that are made by
responsible bidders, the sealed proposal that 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 the board rejects all of these bids.
   (b) Notwithstanding subdivision (a), the governing board of any
community college district may apply to the Board of Governors of the
California Community Colleges for a waiver of the requirement that
the governing board accept the highest responsible bid for the sale
or lease of real property. The board of governors may grant a waiver
pursuant to this subdivision if it determines that the waiver is in
the best interests of the community college district.



81371.5.  Notwithstanding any other provision of this article, the
board of governors may authorize the governing board of any community
college district within Orange County to enter into a negotiated
sale of real property owned by the district if that governing board
previously opened the bidding process two or more times to sell the
real property and did not accept any bids.



81372.  (a) The governing board by majority vote may adopt a rule
delegating to an officer or employee of the district the authority to
perform the duties required to be performed by the governing board
under Section 81370. If a delegation rule is adopted pursuant to this
subdivision, the resolution required in Section 81365 shall specify,
in lieu of the public meeting of the governing board to be held at
its regular place of meeting, the place at which the designated
officer or employee will receive and open sealed proposals to
purchase or lease.
   (b) All other provisions of this article not in conflict with the
delegation of this authority are applicable. However, the final
acceptance of a bid, or rejection of all bids, shall be made by the
governing board at a public meeting.


81374.  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.



81375.  The governing body may at the session, if it deems it would
be for the best public interest, reject any and all bids, and
withdraw the property from sale or lease.



81376.  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
contract to be performed concurrently therewith.



81377.  Nothing in Sections 81360 to 81363, inclusive, shall prevent
the governing board of a community college district from acquiring,
leasing or subleasing property pursuant to Section 1261 of the
Military and Veterans Code.


81378.  The governing board of a community college district, without
complying with any other provision of this article, may lease 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 terms and conditions agreed upon by
the governing board of the district and the lessee for a period not
exceeding 14 separate or consecutive calendar days, or portions of
those days, in each fiscal year.



81378.1.  (a) The governing board of a community college 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
academic activities, upon the terms and conditions agreed upon by the
governing board and the lessee for a period of more than five days
but less than five years, as determined by the governing board. The
fair market value of the lease of any buildings, grounds, or space
therein, together with any personal property located thereon, let
pursuant to this section shall not exceed twenty-five thousand
dollars ($25,000) per year, as certified by the governing board.
Prior to executing the lease, the governing board shall include in an
agenda of a meeting of the board open to the public a description of
the proposed lease and an explanation of the methodology used to
establish the lease rate and for determining the fair market value of
the lease.
   (b) The governing board shall give public notice prior to taking
any action pursuant to subdivision (a). The notice shall include a
description of the governing board's intended action. The notice
shall be printed once a week for three successive weeks prior to the
board meeting described in subdivision (a) in a newspaper of general
circulation that is published at least once a week.
   (c) The governing board shall include as a condition in any
agreement to let any buildings, grounds, or space therein, together
with any personal property located thereon, a provision that the
agreement shall be subject to renegotiation and may be rescinded
after 60 days' notice to the lessee if the governing board determines
at any time during the term of the agreement that the buildings,
grounds, or space therein subject to the agreement are needed for
academic activities. Any revenue derived pursuant to the agreement
shall be retained for the exclusive use of the community college
district whose buildings, grounds, or space therein are the basis of
the agreement and shall be used to supplement, but not supplant, any
state funding. Any buildings, grounds, or space therein, let by the
district shall be included as space actually available for use by the
college in any calculations related to any plan for capital
construction submitted to the board of governors pursuant to Chapter
4 (commencing with Section 81800) or any other law.
   (d) The authority of a governing board under this section does not
apply to the letting of an entire campus.
   (e) The use of any buildings, grounds, or space therein, together
with any personal property located thereon, let by the governing
board pursuant to this section shall be consistent with all
applicable zoning ordinances and regulations.



81379.  In addition to any other authority to lease real property,
the governing board of a community college district, by a two-thirds
vote of its members, may lease, for a term not exceeding three
months, district property having a residence thereon, which cannot be
developed for district purposes because of the unavailability of
funds. The lease shall be upon such terms and conditions as the
parties thereto may agree and may be entered into without complying
with any provisions in this code except as provided in this section.



81380.  The governing board of a community college 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 such
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
inure to the district reflecting the fair market value of the
property, or its fair rental value, as the case may be.
   (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.


81381.  The governing board of a community college district may
lease property in an adjoining district for garage, warehouse, or
other utility purposes or may purchase property in an adjoining
district for such purposes and may dispose of such property in the
same manner as property within the boundary of the district is
purchased and disposed of.
   The power of eminent domain shall not be applicable and such
acquisitions by purchase shall be subject to the approval of the
governing board of the community college district in which the
property is located.



81382.  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.