Page 13 - Lozano Smith Surplus Property Checklist 2023

If an oral bid is the highest responsible bid, it does not need to be accepted unless it
exceeds the highest responsible written bid by at least 5%.

The bid may be accepted at either the same session or at any adjourned session of the
same meeting of the Board within ten days of the bid opening. (Ed. Code § 17475.)

The District may seek a waiver of the competitive bidding requirements from the State Board
of Education. (Ed. Code § 33050.) In recent years, the State Board has been granting some
waivers of the competitive bidding requirement, particularly where a district intends to sell
property to a developer, including when the sale is contingent on the developer’s obtaining
entitlements to build on the property. In such circumstances, the district may prefer the
buyer most qualified to seek and obtain those entitlements, rather than the highest bidder in
all instances. Such waivers have not, however, exempted districts from the various notice
requirements set forth above, and certain public process is still required, including use of a
request for proposal and a waiting period for public input after proposals are received.

To request a waiver, the District must do the following:

Enable the employees’ unions to participate in the development of the waiver. (Ed. Code
§ 33050 (d).)

Hold a public hearing on the issue. (Ed. Code § 33050 (a).)

Submit an application to the State Board of Education.

VIII. Exceptions
The District may bypass the above described notification and bidding procedures in several
situations, including, but not limited to the following:

Child Care and Development Services (Ed. Code § 17458): The District may sell or lease
any surplus real property to any contracting agency exclusively for the delivery of
childcare and development services (as defined in Ed. Code § 8208), for not less than five
years.

30 Days (Ed. Code § 17480): The District may lease any property for a period not
exceeding 30 separate or consecutive calendar days in each fiscal year.

Residences (Ed. Code § 17481): The Board, by a two-thirds vote of its members, may
lease school district property with a residence which cannot be developed for District
purposes because of the unavailability of funds for a term not exceeding three months.

Historic Buildings (Ed. Code § 17482): The Board may sell or lease a building that has an
historic value, and the site upon which the building is located, for fair market value to

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