Verbal Communications Presentation - Mirassou-3MIRASSOU FIELDS FOR SALE BY USE: ARE WE BETTER OFF W/12 $4M SF HOMES OR BY KEEPING THE FIELDS FOR THE CHILDREN TO PLAY IN?
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LET’S FIND A WAY TO KEEP THE FIELDS.
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UNION SCHOOL DISTRCT SELLING MIRASSOU SCHOOL FIELDS FOR $11.5M.
BUILDER: 12 SF HOMES TO SELL FOR $4 TO $4.5M.
NAYLOR ACT APPLY? APPARENTLY NOT.
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NAYLOR ACT: EDUCATION CODE 17485:
The Legislature is concerned that school playgrounds, playing fields, and recreational real property will be lost for those uses by the surrounding communities even if those communities
in their planning process have assumed that the properties would be permanently available for recreational purposes. It is the intent of the Legislature in enacting this article to
allow school districts to recover their investment in surplus property while making it possible for other agencies of government to acquire the property and keep it available for playground,
playing field or other outdoor recreational and open-space purposes.
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If the Naylor Act does apply, the District must offer to negotiate to sell or lease the property to certain entities, usually for a below-market rate. The District may seek a waiver
of the Naylor Act. (Ed. Code § 33050.) The District must allow Naylor Act entities sixty days to respond to the offer. (Ed. Code § 17489(c).)
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IV. Required Offers
A. Offers Required by the Naylor Act
Determine whether the Naylor Act (Ed. Code §§ 17485, et seq.) applies. The Naylor Act
applies when all of the following conditions are present (Ed. Code § 17486):
All or a portion of the property is used for school playground, playing field, or other
outdoor recreational purposes and open-space land particularly suited for recreational
purposes.
The land has been used for such purposes for at least eight years immediately preceding
the Board’s decision to sell or lease the property.
No other available publicly owned land in the vicinity is adequate to meet the existing
and foreseeable needs of the community for playground, playing field, or other outdoor
recreational and open-space purposes, as determined by the governing body of the
agency which proposes to purchase or lease land from the District.
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If the Naylor Act applies and the property is not exempted, the District must make a written
offer to sell or lease the property to the applicable entities listed below for use as an outdoor
recreational space. These offers may be made simultaneously. (Ed. Code §§ 17463.7(e)(2) &
17489.):
First priority to any city within which the land is situated.
Second priority to any park or recreation district within which the land is situated.
Third priority to any regional park authority having jurisdiction within the area in which
the land is situated.
Fourth priority to any county within which the land is situated.
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A school district may exchange one or more of the properties rather than selling or leasing them
pursuant to Education Code section 17536 et seq., which provides as follows:
The governing board of a school district may exchange any of its real property for real
property of another person or private business firm. Any exchange shall be upon such
terms and conditions as the parties thereto may agree and may be entered into without
complying with any of the provisions in this code [including surplus property
procedures applicable to the selling and leasing of surplus property] except as
provided in this article. (emphasis added)
Therefore, if a school district desires to dispose of surplus property to a private organization, it may
do so by following this streamlined procedure if it can: 1) locate a property for which it is willing to
exchange its surplus property, and 2) negotiate for the acquisition of the located property by a private organization which will in turn exchange the located property
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ROBSON ORIGINAL PROPOSAL
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ROBSON RECENT & ACCEPTED PROPSAL
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Open Space: Better Humans
WOULD LOS GATOS AND SAN JOSE BE BETTER OFF WITH THE HOMES OR THE FIELDS?
WHERE ARE THE CHILDREN GOING TO PLAY?
https://www.unicef.org/armenia/en/stories/necessity-urban-green-space-childrens-optimal-development
The necessity of urban green space for children’s optimal development
Green spaces can significantly benefit children’s physical, mental and social development – from infancy to adulthood.
https://www.childhealthdata.org/docs/nsch-docs/california-pdf.pdf
California ranks 24 in overall prevalence with 30.5% of children considered either overweight or obese. The California prevalence of overweight and obese children has risen since 2003.
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