Page 12 - Lozano Smith Property Checklist
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State the commission or rate, if any, which the board will pay to a broker out of the
                       minimum price.  (Ed. Code § 17466.)

                      Specify a date at least three weeks later for a public Board meeting at which proposals to
                       purchase or lease will be received and considered.  (Ed. Code § 17466.)

                   The resolution must be adopted by a two-thirds vote of the Board. (Ed. Code § 17466.)

                   The District must give public notice of the adoption of the resolution by posting copies of the
                   resolution signed by the Board in three public places in the District at least 15 days before
                   the meeting where the bids are opened, and by publishing the notice at least once per week
                   for three successive weeks before the meeting where the bids are opened in a newspaper of
                   general circulation within the county in which the District is located.  (Ed. Code § 17469.)

                   The governing board of a District that intends to sell surplus real property must also make
                   efforts to notify the former owner from whom the District acquired the property 60 days in
                   advance of the meeting at which the resolution will be considered.  (Ed. Code § 17470.)  Also,
                   special rules may apply to property that was acquired by eminent domain, including that the
                   former owner may have to be offered a right of first refusal in certain circumstances.  (Civ.
                   Proc. Code § 1245.245.)

                   Optional:  Although not required by law, the District may wish to obtain a preliminary title
                   report to determine if there are any exceptions in the report which would affect the bid
                   process.  Also, the preliminary title report should be made available to prospective bidders
                   who may require the report as part of their due diligence process before submitting a bid.

                   CEQA Compliance:  The District should give consideration to the application of the California
                   Environmental Quality Act (“CEQA”).  Generally, a sale or lease of property is exempt from
                   detailed CEQA review if it can be said with certainty that there is no possibility that the sale
                   or lease will have a significant environmental effect.  (Cal. Code Regs., tit. 14, § 15061(b)(3).)
                   The District may adopt a Notice of Exemption at the same time it adopts the resolution
                   described above.  (Id., § 15062.)

               VII. Competitive Bidding
                   At the public Board meeting where the bids are opened (in open session), the Board must do
                   the following (Ed. Code §§ 17472, 17473):

                      Open, examine, and declare all sealed proposals which have been received by the Board.

                      Call for oral bids.

                      Either accept the highest responsible bid (after deducting the commission, if any) which
                       conforms to all terms and conditions specified in the resolution of intention to sell or
                       lease the property, or reject all bids.

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