CC Resolution 9190
RESOLUTION NO. 9190
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL,
CALIFORNIA, ADOPTING THE PLAN FOR THE PURCHASE OF SURPLUS SCHOOL
PROPERTY PURSUANT TO THE PROVISIONS OF THE NAYLOR ACT, FOR THE
CONSIDERATION OF PARK SITE ACQUISITION ON A PORTION OF THE FORMER
COVENTRY SCHOOL SITE PROPERTY LOCATED AT 1125 W. CAMPBELL
A VENUE PER THE A TT ACHED PLAN FOR THE PURCHASE OF SURPLUS SHOOL
PROPERTY.
No substantial evidence has been presented that shows that the proposal could have a
significant adverse impact on the environment. The proposed Plan is exempt from the
CEQA Guidelines pursuant to Sections 15061, and 15378.
After due consideration of all evidence presented, the City Council does find as follows,
with respect to the Plan for the Purchase of Surplus School Property:
1. The City Council finds that acquisition of the proposed park site is consistent with
the City's need for park lands and consistent with the Open Space Element of the
General Plan, in that it will provide 2.25 to 5.25 acres of open space for public use
in the short term and up to approximately 6.25 acres over the long term.
2. The City Council finds that public lands in the vicinity of the school site are
inadequate to meet the existing and foreseeable needs of the community for
playground, playfield, or other recreational and open space purposes.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The proposed park site acquisition will not be detrimental to the health, safety,
peace, morals, comfort or general welfare of the persons residing or working in the
neighborhood, or be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
Resolution No.
Adopted January 21, 1997
The City Council does hereby adopt a Resolution adopting the Plan for the Purchase of
Surplus School Property, enabling the City to exercise an option agreement with the
Campbell Union School District for the purchase of a portion of the site for a park as
indicated in the attached Plan for the Purchase of Surplus School Property, pursuant to
the provisions of the Naylor Act.
PASSED AND ADOPTED this 21st day of January, 1997, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Dougherty, Watson, Dean, Furtado, Conant
None
None
None
APPROVED~/.D ~
Barbara D. Conant, Mayor
ATTEST:
/}~
~~/
Ann Bybee, CIty Clerk
PLAN
FOR
THE PURCHASE
OF
SURPLUS
SCHOOL
PROPERTY
Adopted by the City Council
January 21, 1997
PLAN for the PURCHASE of SURPLUS SCHOOL PROPERTY
OPEN SPACE ELEMENT
The Open Space Element of the General Plan, adopted in 1990, provides for the ultimate
open space needs of the City. The Element has set an open space standard of 4 acres per
1,000 persons, with 3 acres being parkland, and I acre being useable open space on
public school sites. Regional parkland fulfills 1.27 of the 3 parkland acres. The
remaining 1.73 acres is to be provided in community and neighborhood parks.
The Open Space Element of the General Plan also includes a "Neighborhood Analysis"
that identifies each of the neighborhoods within the City, and what the corresponding
park needs are for that neighborhood.
The Element outlines potential means by which parkland could be acquired, developed
and maintained. One of these means is the acquisition of surplus school property.
OPEN SPACE IMPLEMENTATION PLAN
The City adopted the Open Space Implementation Plan in 1993. Its purpose is to detail
the means to acquire the open space and parkland required to fulfill the goals of the Open
Space Element of the General Plan. One portion of the Implementation Plan directed staff
to prepare the Park Impact Fee and Park Land Dedication Ordinance. Another directed
the adoption of a Plan for the Purchase of Surplus School Property in order to take
advantage of the State law (Naylor) which permits cities to acquire surplus land from
school districts at reduced rates.
THE NAYLOR ACT
The State legislature recognized that if schools were closed, their open space facilities
would be lost to the communities. It therefore amended the Education Code, by means of
the Naylor Act (Act), to allow school districts to recover their investment in the surplus
property while making it possible for other agencies of government to acquire the
property and keep it available to the public for open space uses. The Act specifies which
agencies of government qualify under the Act and the priority they have. Cities have the
first priority, followed by park and recreation districts, regional park districts, and
counties.
The Act specifies the manner in which the City must declare an interest in a property that
a school district has determined to be surplus. In addition, it outlines a formula for
determining the price of the land in question.
The school district must first declare the school site surplus. It then must send a letter to
the City offering the site, pursuant to the terms of the Act. The City has 60 days in which
to notify the district of its interest. The agencies are able to acquire 30% of the District's
surplus school site area at 25% of fair market value. The fair market rate for the property
is determined by appraisals that will be conducted prior to the time of the sale. The
remainder of the site is also available to the agency, at terms to be agreed upon between it
and the district.
Plan for Purchase of Surplus School Property Page 2
The Act provides for purchase, lease, lease with an option to purchase, open space
easement, joint development and use, and any other means agreeable to both the school
district and the local government agency. Agencies with zoning powers are permitted to
utilize these as part of the negotiation and terms.
SURPLUS SITES IN CAMPBELL
To date, only two school sites covered by this plan, have been declared surplus in
Campbell, the San Tomas School located in the Campbell Union School District and
Coventry School located in Moreland School District.
San Tomas School Property
In 1993, the Campbell Union School District indicated to the City that it intended to
surplus the San Tomas School site. Working with City officials and the neighborhood
around the school, a plan for development was worked out. The "Neighborhood
Analysis" of the City's General Plan indicated that 3.9 acres of park land was needed in
that area of the City in order to meet City goals. In the preliminary subdivision plans a
3.85 acre park was proposed. After several neighborhood meetings, the proposed
location of the park was changed to the southern portion of the former school site and
resulted in a configuration with a total of 4.1 acres. In February of 1994, the City
Council approved a General Plan Amendment, Zone Change, and Tentative Subdivision
Map.
In March of 1994, the City adopted a Surplus School Site Plan which specified that land
which it intended to purchase for park purposes from the San Tomas School site. Since
that time, the land has been purchased, and the park developed (Jack Fischer Park). Also,
the residential development outlined in the Plan has been built (see attached diagrams).
Coventry School Property
Board Action
The September 1994 Asset Management Study, prepared by Enshallah under contract to
the Moreland School District (the District), recommended that a number of the District's
facilities be declared surplus. That recommendation includes a portion of the previously
closed Coventry Elementary School site. The site consists of 10.95 acres, and includes
5.7 acres of classroom structures and adjacent playgrounds leased to Primary Plus, and a
soccer and baseball playfield of 5.25 acres. In the report, the District determined that the
unleased 5.25 acres of open playfields should be made available for disposition. The
report notes that the total annual interest income from selling the entire site would be less
than continuing to lease the buildings and adjacent playgrounds, and selling the 5.25
acres of play fields. Therefore, the District elected to retain the southern 5.7 acre portion
on which the classroom structures are being leased out.
The School Board voted in December 1996, to surplus the 5.25 acres. The City has been
told to expect a letter starting the 60 day response period, within the first quarter of 1997.
Plan for the Purchase of Surplus School Property
Page 3
Neiehborhood Park Need
The "Neighborhood Analysis" in the City's General Plan indicates that 6.4 acres of Plan
for community and neighborhood park land are needed in the West Latimer
neighborhood. The Coventry site contains the only remaining open space in the West
Latimer area. On the Coventry site there is 6.3 acres of open space. The City therefore has
a need to acquire the entire 5.25 acres being offered, and more. The District is not
offering the remaining 1 acre of open space. The Naylor Act permits the District to retain
any part of the site containing structures together with such open land as may be
necessary to avoid reducing the value of that part of the site containing the structures to
less than 50% of fair market value.
General Site Information
Location: The former Coventry School site is located in the northwestern portion of the
City of Campbell, adjacent to the City San Jose on the south across Campbell Avenue.
Goal 1, Policy 1.3 of the Open Space Element of the General Plan states, "Strive to
provide park facilities within a one-quarter to one-half mile radius of all City residents"
(Exhibit "C"). The nearest accessible city park in the West Latimer neighborhood located
within the City of Campbell is John D. Morgan Park which is around one mile away from
the proposed site.
An additional park site in the vicinity of the West Latimer neighborhood is Hathaway
Park, to the north, in the City of San Jose. That park is nearly a mile from the proposed
Coventry park site. Furthermore, it is necessary to cross Hamilton Boulevard, a major
thoroughfare, to access Hathaway Park. San Tomas Park, also in San Jose, is located to
the south over Y2 mile from the proposed park site. It, too, requires the crossing of a major
thoroughfare (Campbell Avenue) to access the park.
Because of their distance from the neighborhood in question, the three parks do not serve
the northwestern portion of the City as well as the proposed school site would.
Acquisition of a portion of the former Coventry School Site would fulfill the above stated
General Plan policy for the northwesterly portion of the West Latimer neighborhood.
Site Description: The school site is bounded to the south by Campbell Avenue, to the
west by Colleen Way, to the north by the backs of homes facing onto Nadine and Radford
Drives, and to the east by the Church of Christ/Campbell Christian School of Campbell.
The 5.25 acres being offered by the District is the northern acreage, bounded on the south
by the school buildings, outside play areas and hard courts, and on the east by the parking
lot for the Church.
The area that would experience the greatest amount of benefit from the City's acquisition
of the school site is the surrounding neighborhood. Indirectly, the City as a whole would
benefit because the site could provide over five acres of new open space. As previously
determined, the City has a deficiency in community and neighborhood parks of
approximately 24 acres.
Plan for the Purchase of Surplus School Property
Page 4
PLAN FOR PURCHASE
The 30% limit would allow the City to acquire 1.575 acres of the open space being
offered at the Coventry site at l/4th of the fair market rate. The City of Campbell
proposes to acquire the total 5.25 acres, if terms can be agreed upon between the City and
the District. The terms by which the additional 3.675 acres is to be acquired is open to
negotiation.
Acquisition and Development Options (see diaerams)
General Plan policy states that parks should be located and designed to provide clear
visibility into the facility for neighbors and police to minimize security problems.
1. Meet All General Plan Goals and Policies Option (Option 1): To meet the above
General Plan policy, the development of the northern approximately 2.5 acres of the
site with single family homes facing onto the park, would be the ultimate goal, as
would visibility into the park from Campbell Avenue. The City would purchase the
5.25 acres being offered at this time. At such time in the future that Moreland School
District were to surplus the remainder of the site, the City would exercise the
remainder of its Naylor rights and also trade with the District the previously acquired
northerly 2.5 acres for property facing onto Campbell Avenue. This would result in
the City obtaining approximately 6.25 acres thereby closely fulfilling its goal for the
West Latimer neighborhood of 6.4 acres of park land.
2. Acquire all of the 5.25 Surplus Acres Option: The acquisition of the entire 5.25
acres at this time would allow the City to ensure that the majority of the West Latimer
park needs will be met. The School District may decide not to surplus the portion of
the site with the buildings in the future.
3. Acquire 2.25 acres Option: The District could retain the northerly 2.5 acres for
development facing onto the 2.5 acre park. Only 1/3rd of the park needs of the West
Latimer neighborhood would be assured of being met with this option.
Fundine options
Under the options outlined by the Naylor act, the City will consider:
1. Purchase of 30% of the offered land at the reduced Naylor rate of v.. fair market
rate.
2. The trade or sale of nearby surplus City property, such as the former .53 acre fire
station site on Campbell Avenue and Victor Avenue.
3. A lease with option to purchase.
4. Joint development with the School District of the retained portion of the site.
5. Other terms as may be agreed upon between the District and the City
Plan for the Purchase of Surplus School Property
Page 5
ENVIRONMENTAL DETERMINATION
The Planning Department staff has determined that the adoption of this purchase plan is
exempt from the CEQA Guidelines pursuant to sections 15061 and 15378.
The City Council consideration of the Plan for Purchase of Surplus School Property
neither grants an entitlement for development purposes nor does it bind the City to grant
entitlements. The Plan enables the City to option the site for purchase only, pursuant to
the provisions of the Naylor Act. As such, the activity does not meet the definition for a
project according to the CEQA Guidelines. At such time as the City considers actual
park site development or any construction related improvements to the park site, further
environmental review may be required.
Attachments
1. San Tomas School Site Diagrams
2. Coventry School Site Diagrams