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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