HomeMy WebLinkAbout96-03 - Purchase of Monte Vista School Site from Newport-Mesa Unified School DistrictRESOLUTION NO. ?6- 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, CONCERNING
PURCHASE OF THE MONTE VISTA SCHOOL SITE
FROM THE NEWPORT -MESA UNIFIED SCHOOL
DISTRICT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, on November 28, 1995, by Resolution No. 10-11-96, the Newport -Mesa
Unified School District ("District") declared the Monte Vista School site at 390 Monte Vista
Avenue, Costa Mesa, California, (hereinafter "Site") to be a surplus school site and exempt
pursuant to Education Code Section 39401; and
WHEREAS, on December 1, 1995, the City of Costa Mesa ("City") received a letter of
notice dated November 30, 1995, from the District offering the Site to the City for purchase at
fair market value; and
WHEREAS, the City Council desires to purchase the Site, but objects to the District's
findings that the Site is to be exempt pursuant to California Education Code Section 39401 on
the grounds:
1. The District's finding failed to specify the additional school site to be acquired,
the reasons for the immediate need to acquire such additional school site, the date the
additional school is to be opened, and that the proceeds from the Site are to be used for
costs of acquisition of the additional school as required by California Education Code
Section 39401; and
2. The District does not have an immediate need for an additional school site and
is not actively seeking to acquire such an additional site to justify an exemption of the
Site pursuant to California Education Code Section 39401; and
WHEREAS, based on the City's General Plan and the Parks, Recreation and Open Space
Master Plan, the City park and recreation lands in the vicinity of the Site are inadequate to meet
existing and foreseeable needs of the community for playgrounds, playing fields, or other
outdoor and open space purposes, and such need justifies the City's acquisition of the Site
pursuant to Education Code Section 39397; and
WHEREAS, the City has the financial resources necessary to accomplish the acquisition
of the Site, and the Site as City park and recreation land is consistent with the City's General
Plan and Parks, Recreation and Open Space Master Plan;
NOW, THEREFORE, BE IT RESOLVED:
1. Consistent with the City Council's findings, the Mayor is authorized to transmit
a letter to the District that the City desires to enter into negotiations with the District to
acquire the Site from the District.
2. Consistent with the City Council's findings, the Mayor is authorized to transmit
within the letter to the District the City's objections to the exemption found by the
District for that thirty percent (30%) portion of the Site subject to the Naylor Act
pursuant to California Education Code Section 39401.
3. Consistent with the City Council's findings, the City Manager is directed to cause
the preparation of a plan for the purchase of the Site pursuant to Education Code Section
39397.5. The City Manager is authorized to obtain an appraisal of the Site's fair market
value as offered by the District.
4. The City Manager is designated and authorized to act as the City's negotiator for
the purpose of acquisition of the Site from the District.
5. The plan for the purchase of the Site shall be completed and presented to the City
Council by January 15, 1996.
PASSED AND ADOPTED this 2nd day of January, 1996.
ATTEST:
Deputy CityJerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Ma Yof the City of Costa Mesa
ARAP.0VEED AS TGFGRM
-
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 9 6 - 3
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof
held on the 2nd day of January, 1996, by the following roll call vote:
AYES: ;z; 0- Ile 50 A, 13UFFA , 140/Zn) 311c.KC �, ��•v;s
NOES: l7),n NAM AnJ
ABSENT: AJonJ E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 3rd day of January, 1996.
T.
Deputy Ci Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa