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Acquisition of Land for a Future High School at the Promenade Site to be Discussed at Sept. 25 Board Meeting

Dublin Community,

At the Board of Trustees meeting scheduled for Tuesday, September 25, at 5:30 p.m. (District Office Board Room, 7471 Larkdale Ave), one area to be discussed will be the acquisition of land for a future high school at the Promenade site. Two agenda items will address this topic. Background information and supporting materials relating to these two topics can be found below. The full meeting agenda will be published on the Board Docs site once finalized.

ITEM 1: Approve Resolution No. 2018/19-08, Evaluating Real Property in Accordance with School Site Selection Standards and Approving the Acquisition of Real Property

BACKGROUND:

The District is interested in acquiring real property generally located between Dublin Boulevard and Central Parkway in the City of Dublin, bearing Assessor’s Parcel Numbers 985-0078-002, 3, 4, 5, 6, and 7, including the 0.71-acre parcel identified as part of South Grafton Street and East Finnian Way on Assessor’s Map 985 (“Property”) for the development, construction, operation, and maintenance of a public school in the City of Dublin, including all uses necessary, incidental, or convenient thereto (“Project”). The Project is intended to help relieve District schools from critical overcrowding.

Prior to acquiring real property for a new school site or for addition to an existing school site, California Education Code section 17211 requires the Governing Board of a school district to evaluate the property at a public hearing using site selection standards established by the State Department of Education. Those standards are generally found in the California Code of Regulations, Title 5, Section 14010, et seq. (“Title 5 Findings”). Additional findings are required by the Education Code.

The Property has been studied extensively by District staff and consultants including, but not limited to, Placeworks, Terraphase Engineering, Inc., and Lozano Smith LLP. On July 17, 2018, the Board held a public hearing and considered adopting the Title 5 Findings. At that meeting, the Board invited public comment on the proposed acquisition, discussed the item, and determined that further analysis was desirable regarding aeronautics, gas and water pipeline safety issues, and issues related to the nature of Dublin Boulevard as a significant thoroughfare. Such further analyses have now been completed. As a result of these studies and investigations, it is concluded that all of the Title 5 Findings are supported, as further discussed in the attachments to this Board agenda item. Based on such evidence, staff recommends that the Board hold a public hearing regarding the Title 5 Findings, consider public comment and all evidence before the Board, and adopt Resolution No. 2018/19-08, a Resolution Evaluating Real Property in Accordance with School Site Selection Standards and Approving the Acquisition of Real Property.

Supporting Materials:

 

SUBMITTED BY:
Joe Sorrera, Assistant Superintendent, Business Services

 

ITEM 2: Approve Resolution No. 2018/19-09, Finding and Determining that the Public Interest, Convenience, and Necessity Require the Acquisition of Certain Property for Public Purposes and Authorizing the Acquisition Thereof

BACKGROUND:

As further discussed and described in the Staff Report attached hereto and incorporated by reference, the District has been facing and continues to face significant population growth and increased residential and commercial development within its boundaries, which has caused severe overcrowding of the District’s facilities. As a result, the District has a need to acquire land for new school sites and related educational purposes, including a new high school. For the past several months, the District has studied and analyzed various properties including the real property generally located between Dublin Boulevard and Central Parkway in the City of Dublin, bearing Assessor’s Parcel Numbers 985-0078-002, 3, 4, 5, 6, and 7, including the 0.71-acre parcel identified as part of South Grafton Street and East Finnian Way on Assessor’s Map 985 (“Property”). District staff, with the help of its consultants, has concluded that the Property is necessary and appropriate for the development, construction, operation, and maintenance of a public high school in the City of Dublin, including all uses necessary, incidental, or convenient thereto (“Project”). The District has made a statutory offer to purchase the Property from its owner, but has not been able to reach an agreement for such acquisition. As such, District staff is recommending that the Board authorize and direct acquisition of the Property for the Project by eminent domain.


The District’s Board is asked to consider adoption of Resolution No. 2018/19-09, Resolution of the Dublin Unified School District Finding and Determining that the Public Interest, Convenience, and Necessity Require the Acquisition of Certain Property for Public Purposes and Authorizing the Acquisition Thereof (“Resolution of Necessity”). In advance of adopting a Resolution of Necessity, the Board is required to provide each person whose property is to be acquired and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the following matters referred to in Section 1240.030: (a) the public interest and necessity require the Project, (b) the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, and (c) the Property sought to be acquired is necessary for the Project. (Civ. Procedure Code, § 1245.235, subd. (a).)

The District provided written notice to the owner of the Property, Grafton Station, LLC, stating that the Board intends to adopt the Resolution of Necessity, that the owner has the right to appear and be heard on the above-referenced Administrative Content Executive Content matters listed in Section 1240.030, and that failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in a waiver of the right to appear and be heard. It is recommended that the Board hold a hearing to allow and consider comments from the owner of record and any other interested party(ies), and approve Resolution No.2018/19-09, a Resolution of the Dublin Unified School District Finding and Determining that the Public Interest, Convenience, and Necessity Require the Acquisition of Certain Property for Public Purposes and Authorizing the Acquisition Thereof.

The Resolution of Necessity requires approval by at least two-thirds majority of the Board.


Supporting Materials:

SUBMITTED BY:
Joe Sorrera, Assistant Superintendent, Business Services