RECOMMENDATION

Planning Staff recommends that the City Council adopt a resolution indicating the City’s interest in the acquisition of all or a portion of the surplus East Side Union High School District property, presently housing the District Office facility, located on the east side of Capitol Avenue, between Mabury Road and Penitencia Creek Road and amending Table I of the City’s School Site Reuse Plan to reflect this interest.

BACKGROUND

On September 17, 2001, the East Side Union High School District gave notice of its intent to dispose of one of the District’s surplus properties. The 26.97-acre property is located on the east side of Capitol Avenue, between Mabury Road and Penitencia Creek Road. The property is designated a combination of Public Park/Open Space and Public/Quasi-Public on the San Jose 2020 General Plan Land Use/Transportation Diagram. A map depicting the location of the property is attached.

ANALYSIS

Under State law, known as the Naylor legislation, the City has first right of refusal to negotiate with the East Side Union High School District for acquisition of surplus district property. To preserve its rights under State law, the City must express its potential interest in acquisition by December 4, 2001 (see attached letter from the school district).

A variety of City Departments, including Parks, Recreation and Neighborhood Services, Housing and the Fire Department have indicated an interest in acquiring all or a portion of the site. Representatives from interested departments will be meeting with the District on November 1, 2001 to begin informal discussions regarding this and another surplus property on Quimby Road, for which the Council recently adopted a resolution expressing the City’s interest in acquisition.

The City Council should inform the East Side Union High School District that the City has an interest in the acquisition of all or a portion of this surplus property. Further study is needed to determine the precise amount of acreage needed and for which City purposes. It is important to declare the City’s interest now to protect this opportunity.

COORDINATION

This report was prepared in coordination with the Parks, Recreation and Neighborhood Services, Housing and Fire Departments and the City Attorney’s Office. Additional coordination regarding the availability of the subject property occurred with the Police, Library, General Services and Public Works Departments.

PUBLIC OUTREACH

Public outreach is not applicable for this item. Public comment may be forthcoming as a result of the item coming before the City Council.

CEQA

Exempt

JOSEPH HORWEDEL, ACTING DIRECTOR

Planning, Building and Code Enforcement

Attachment

PBCE002/GP_Team/ESUHSD Surplus Property CC Memo