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Board reviews options for surplus Peralta site; counsel outlines waiver and RFP paths, trustees ask for zoning and master plan details
Summary
Legal counsel explained statutory surplus procedures and the alternative State Board of Education waiver and RFP process for the Peralta site; public commenters urged prioritizing Orange Lutheran and emphasized that the City rezoned the parcel to "public institution." Trustees requested more information (zoning, master facilities plan, consultant input) before the board considers a waiver.
District legal counsel and staff on Feb. 26 presented the history and legal options for the surplus Peralta site and discussed two main routes for disposing of or leasing the property: the Education Code statutory public-offering/formal-bid process and a waiver process to obtain State Board of Education approval that would allow the district to issue an RFP and evaluate proposals on multiple criteria (including "community good"). Counsel noted the property had been deemed surplus previously and that waiver authority had been granted in 2011 and 2020 for prior efforts but that those waiver periods have expired.
Serena Abrahamian, counsel with Orbachuff and Henderson, outlined the statutory steps that follow a surplus determination: public notice to specified public agencies (with 40–60 day response windows), opportunity for negotiations…
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