Section 81378.1 Of Article 4. Sale Or Lease Of Real Property From California Education Code >> Division 7. >> Title 3. >> Part 49. >> Chapter 2. >> Article 4.
81378.1
. (a) The governing board of a community college district
may, without complying with any other provision of this article, let,
in the name of the district, any buildings, grounds, or space
therein, together with any personal property located thereon, not
needed for academic activities, upon the terms and conditions agreed
upon by the governing board and the lessee for a period of more than
five days but less than five years, as determined by the governing
board. Before executing the lease, the governing board shall include
in an agenda of a meeting of the board open to the public a
description of the proposed lease and an explanation of the
methodology used to establish the lease rate and for determining the
fair market value of the lease.
(b) The governing board shall give public notice before taking any
action pursuant to subdivision (a). The notice shall include a
description of the governing board's intended action. The notice
shall be printed once a week for three successive weeks prior to the
board meeting described in subdivision (a) in a newspaper of general
circulation that is published at least once a week.
(c) The governing board shall include, as a condition in any
agreement to let any buildings, grounds, or space therein, together
with any personal property located thereon, a provision that the
agreement shall be subject to renegotiation and may be rescinded
after 60 days' notice to the lessee if the governing board determines
at any time during the term of the agreement that the buildings,
grounds, or space therein subject to the agreement are needed for
academic activities. Any revenue derived pursuant to the agreement
shall be retained for the exclusive use of the community college
district whose buildings, grounds, or space therein are the basis of
the agreement and shall be used to supplement, but not supplant, any
state funding. Any buildings, grounds, or space therein let by the
district shall be included as space actually available for use by the
college in any calculations related to any plan for capital
construction submitted to the board of governors pursuant to Chapter
4 (commencing with Section 81800), or any other law.
(d) The authority of a governing board under this section does not
apply to the letting of an entire campus.
(e) The use of any buildings, grounds, or space therein, together
with any personal property located thereon, let by the governing
board pursuant to this section shall be consistent with all
applicable zoning ordinances and regulations.