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Site Acquisition Overview

Site Acquisition Overview. How to Apply for School Facility Funding. Topics. Acronyms and Definitions Existing Site with No Additional Acreage Acquired Existing Site with Additional Acreage Acquired OR New Site Other Types of Site Acquisition Site Acquisition Tips Resources

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Site Acquisition Overview

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  1. Site Acquisition Overview How to Apply for School Facility Funding

  2. Topics • Acronyms and Definitions • Existing Site with No Additional Acreage Acquired • Existing Site with Additional Acreage Acquired OR New Site • Other Types of Site Acquisition • Site Acquisition Tips • Resources • For More Information …

  3. Commonly Used Acronyms and Definitions CEQA = California Environmental Quality Act Public Resources Code Section 21000 et seq.; Title 14 CCR Section 15000 et seq • A statute requiring state and local agencies to identify the significant environmental impacts of their actions and avoid or mitigate those impacts, if feasible. DTSC = Dept of Toxic Substances Control • A State department that regulates hazardous waste, cleans up existing contamination, and looks for ways to reduce the hazardous waste produced in California. PEA = Preliminary Endangerment Assessment Ed. Code 17210(h), Health and Safety Code 25319.5 • An activity that is performed to determine if hazardous materials are present, or if there is a threat that hazardous materials could be released. Requires site sampling and analysis, a preliminary determination of the type and extent of hazardous material contamination, and a preliminary evaluation of risks.

  4. Commonly Used Acronyms and Definitions POESA = Phase One Environmental Site Assessment Ed. Code 17210(g), Health and Safety Code 25319.1 • A preliminary assessment of a property to determine if hazardous materials are present, based on reasonably available information about the property and vicinity. • May include a review of public and private records, current and historical land uses, prior releases of hazardous material, database searches, reviews of relevant files of federal, state, and local agencies, visual and other surveys of the property and general vicinity, interviews with current and previous owners and operators, and review of regulatory correspondence and environmental reports. • Sampling or testing is not required for a POESA.

  5. Commonly Used Acronyms and Definitions RAP = Remedial Action Plan • A report that evaluates alternatives for remediating any identified soil or groundwater problems at a site and outlines a specific program leading to the remediation of a contaminated site. Submitted to the Department of Toxic Substances Control for approval. • A RAP is applicable to a response action costing more than $1 million, and requires a more involved public participation process than for a RAW. RAW = Removal Action Workplan– Health and Safety Code 25323.1 • A workplan prepared or approved by the Department of Toxic Substances Control or a California regional water quality control board that is developed to carry out a removal action to protect public health and safety and the environment. • Must include a detailed engineering plan for conducting the removal action, a description of the onsite contamination, cleanup goals to be achieved, and any alternative removal options that were considered and rejected and the basis for that rejection. • A RAW is applicable to a response action costing less than $1 million.

  6. Commonly Used Acronyms and Definitions SCA = School Cleanup Agreement • An agreement between the school district and the Department of Toxic Substances Control (DTSC) to provide DTSC oversight of the response action. It supercedes the previous agreements affecting the project site. • It differs from the Voluntary Cleanup Agreement (VCA) in several ways including dispute resolution, termination procedures, and penalties for non-compliance. • Creates a stronger guarantee that cleanup and remediation will be completed after receiving California Department of Education final approvals and State Allocation Board apportionment.

  7. Commonly Used Acronyms and Definitions SSI = Supplemental Site Investigation • A follow-up investigation to a Preliminary Endangerment Assessment (PEA), designed to close any data gaps left after conducting the PEA to allow for a Department of Toxic Substances Control (DTSC) determination of either no further action or for the determination that a site requires a response action. At some sites, multiple SSI’s may be necessary before a final determination can be made. VCA = Voluntary Cleanup Agreement • An agreement between a project proponent and the Department of Toxic Substances Control (DTSC) for a non-school site. The VCA can range from services for an initial site assessment, to oversight and certification of a full site cleanup, based on the proponent’s financial and scheduling objectives. The VCA specifies the estimated DTSC costs, scheduling for the project, and DTSC services to be provided.

  8. How to Apply for Site Acquisition Costs • Use the Application for Funding (Form SAB 50-04) • We will be reviewing the following items as they relate to Site Acquisition: • Item 2.h. – page 6 • Item 3 – page 6 • Item 5.d.(1) through 5.d.(5) – page 6 • Item 5.e. – page 7

  9. Existing Site with No Additional Acreage Complete Item 2.h. on page 6 Project to be located on: Leased Site New Site Existing Site with Additional Acreage Acquired X Existing Site with No Additional Acreage Acquired

  10. Existing Site with No Additional Acreage Complete Item 3 on page 6. Number of Classrooms: Master Plan Acreage Site Size (Useable): Recommended Site Size (Useable): Existing Acres (Useable): Proposed Acres (Useable):

  11. Existing Site with No Additional Acreage Complete Item 5.d. – Site Acquisition: • (1) 50 percent Actual Cost: $ n/a • (2) 50 percent Appraised Value: $ n/a • (3) 50 percent Relocation Cost: $ n/a • (4) 2 percent (min. $25,000): $ n/a • (5) 50 percent DTSC Fee: $ Complete Item 5.e. – • 50 percent hazardous waste removal: $

  12. Existing Site with No Additional Acreage 50 percent DTSC Fee, Item 5.d.(5): Included Expenses: • Department of Toxic Substances Control (DTSC) fees for oversight of Phase One Environmental Site Assessment (POESA) and Preliminary Endangerment Assessment (PEA) • Contractor costs for preparation of POESA and PEA (only when no land is acquired)

  13. Existing Site with No Additional Acreage 50 percent DTSC Fee, Item 5.d.(5) Required Documents: • Contractor invoices for preparation of Phase One Environmental Site Assessment (POESA) and Preliminary Endangerment Assessment (PEA) • Invoices must have approval signature of District official • Department of Toxic Substances Control (DTSC) invoices – if no removal action is implemented • DTSC Summary by Activity Sheets – if a removal action is implemented

  14. Existing Site with No Additional Acreage Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ n/a (2) 50 percent Appraised Value: $ n/a (3) 50 percent Relocation Cost: $ n/a (4) 2 percent (min. $25,000): $ n/a (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  15. Existing Site with No Additional Acreage Complete Item 5.e. 50 percent hazardous waste removal: $ Check the Response action (RA) box. For District costs to be eligible, a Response Action must be required by the Department of Toxic Substances Control.

  16. Existing Site with No Additional Acreage 50 percent hazardous waste removal, Item 5.e. Included Expenses: • All Department of Toxic Substances Control (DTSC) costs related to the Removal Action Workplan (RAW) or Remedial Action Plan (RAP), public participation, Supplemental Site Investigation (SSI), and California Environmental Quality Act (CEQA) – if a Removal Action is implemented • Contractors for RAW/RAP if within scope of DTSC-required site cleanup • Voluntary Cleanup Agreement or School Cleanup Agreement

  17. Existing Site with No Additional Acreage 50 percent hazardous waste removal, Item 5.e. Required Documents: • DTSC documentation that cleanup is required • DTSC Summary by Activity sheets • Copies of contracts/agreements for hazardous waste removal • Copies of invoices for hazardous waste removal (must include description of work)

  18. Existing Site with Additional Acreage Acquired and New Site Complete Item 2.h. on page 6 Project to be located on: (Select one) Leased Site X New Site X Existing Site with Additional Acreage Acquired Existing Site with No Additional Acreage Acquired

  19. Existing Site with Additional Acreage Acquired and New Site Complete Item 3 on page 6. Number of Classrooms: Master Plan Acreage Site Size (Useable): Recommended Site Size (Useable): Existing Acres (Useable): Proposed Acres (Useable):

  20. Existing Site with Additional Acreage Acquired and New Site Complete Item 3, Number of classrooms, etc Required Documents: • CDE Final Plan (dated less than two years from the OPSC received date of the Form SAB 50-04) • CDE Final Site (dated less than five years from the OPSC received date of the Form SAB 50-04)

  21. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  22. Existing Site with Additional Acreage Acquired and New Site 50 percent Actual Cost, Item 5.d.(1): Documents showing actual cost of site, such as: • Escrow documents/buyer’s settlement statements • Actual Cost only includes the Sale Price – no closing costs, etc. • Court orders in eminent domain/condemnation • Court orders supercede all other documents • Includes all costs in the court order • Put “n/a” in Appraised Value (Item 5.d.(2))

  23. Existing Site with Additional Acreage Acquired and New Site 50 percent Actual Cost, Item 5.d.(1) Documents showing actual cost of site…(cont’d): • Agreements • When site is transferred to District in lieu of legally required payments or fees • Must specify value of the property • Purchase Agreement • Only acceptable when site is purchased from a governmental entity • District must certify that it holds the title

  24. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  25. Existing Site with Additional Acreage Acquired and New Site 50 percent Appraised Value, Item 5.d.(2): Required Documents: (1859.74.1) • Real estate appraisal • Date of value 6 months or less prior to OPSC received date • Appraisal ordered by District Representative or District legal counsel – “Buyer’s Appraisal” • Must include all Assessor Parcel Numbers (APN’s) • Appraiser Certification (Uniform Standards of Professional Appraisal Practices)

  26. Existing Site with Additional Acreage Acquired and New Site 50 percent Actual Cost, Item 5.d.(1) and 50 percent Appraised Value, Item 5.d.(2) • District receives the lesser of one half of the Actual Cost of the site or one half of the Appraised Value of the site. (1859.74)

  27. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  28. Existing Site with Additional Acreage Acquired and New Site 50 percent Relocation Cost, Item 5.d.(3): Note: All relocations must comply with Title 25. Costs may include:(1859.74.6) • Replacement housing – Interest on money borrowed to make the move or purchase the replacement property. • Rental assistance – Actual and reasonable re-establishment expenses, not to exceed $10,000. • Moving costs – Transportation; packing, storage and unpacking; mover’s insurance; break down and set up of machinery, equipment, etc.; and utility connection charges.

  29. Existing Site with Additional Acreage Acquired and New Site 50 percent Relocation Cost, Item 5.d.(3) Required Documents: • Relocation Costs spreadsheet – Must be signed by the District Representative • Invoices/estimates for eligible relocation costs

  30. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  31. Existing Site with Additional Acreage Acquired and New Site 2 percent (min. $25,000), Item 5.d.(4): • An allowance to cover fees for appraisals, escrow, surveys, site testing, CDE review/approvals, and contractor preparation of Phase One Environmental Site Assessment and Preliminary Endangerment Assessment. (1859.74 (a)(2) and (b)(2)). • 2% of one half of the actual cost or one half of the appraised value, whichever is less. • Enter a minimum of $25,000.

  32. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  33. Existing Site with Additional Acreage Acquired and New Site 50 percent DTSC Fee, Item 5.d.(5): Included Costs: • Department of Toxic Substances Control (DTSC) costs for oversight of the Phase One Environmental Site Assessment (POESA) and Preliminary Endangerment Assessment (PEA)

  34. Existing Site with Additional Acreage Acquired and New Site 50 percent DTSC Fee, Item 5.d.(5): Required Documents: • Department of Toxic Substances Control (DTSC) Summary by Activity sheets – if there is a removal action • DTSC invoices, statements, or summary by activity sheets – if there is no removal action.

  35. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.d. – Site Acquisition: (1) 50 percent Actual Cost: $ (2) 50 percent Appraised Value: $ (3) 50 percent Relocation Cost: $ (4) 2 percent (min. $25,000): $ (5) 50 percent DTSC Fee: $ Complete Item 5.e. – 50 percent hazardous waste removal: $

  36. Existing Site with Additional Acreage Acquired and New Site Complete Item 5.e. – 50 percent hazardous waste removal: $ Check the Response action (RA) box. For District costs to be eligible, a Response Action must be required by the Department of Toxic Substances Control (DTSC).

  37. Existing Site with Additional Acreage Acquired and New Site 50 percent hazardous waste removal, Item 5.e. Included Expenses: • Department of Toxic Substances Control (DTSC) costs for Removal Action Workplan (RAW) or Remedial Action Plan (RAP), public participation and Supplemental Site Investigation, and California Environmental Quality Act (CEQA) – if a RAW/RAP is implemented • Contractor expenses for RAW/RAP – if within scope of DTSC-required site cleanup • Voluntary Cleanup Agreement (VCA), School Cleanup Agreement (SCA)

  38. Existing Site with Additional Acreage Acquired and New Site 50 percent hazardous waste removal, Item 5.e. Required Documents: • Department of Toxic Substances Control (DTSC) documentation that cleanup is required • DTSC Summary by Activity sheets (some DTSC costs relate to hazardous waste) • Contracts/agreements for hazardous waste removal • Estimates/invoices for hazardous waste removal • Must include description of work • Must have approval signature of a District official

  39. Other Types of Site Acquisitions • District Owned Site • Financial Hardship Separate Site Apportionment • Environmental Hardship Separate Site Apportionment • Leased Sites

  40. District Owned Site • Districts may request site acquisition funding to purchase a planned school site that is already owned by the District, e.g., the District Office site. • Site owned and used by District for at least 5 years prior to the OPSC received date. (1859.74.5) • Funding may be used to relocate District facilities that will be displaced. • District must prepare a cost benefit analysis (1859.74.6)

  41. District Owned Site Cost Benefit Analysis must include the following: • Appraisal • Dated within 6 months of OPSC received date • Relocation costs • 4% of Appraised valued determined in 1.(a), but not less than $50,000: the amount provides an allowance for appraisals, escrow, survey, site testing, CDE review/approvals and preparation of POESA and PEA. • Current Site development costs that would be necessary on the district-owned site if it were to be used as a school site. • Estimated cost for demolition of existing buildings on the site may be included.

  42. Financial Hardship Separate Site Apportionment • A District must have financial hardship status for a site-only phase of a project. • Provides funding for site purchase, CDE site approval, and Department of Toxic Substances Control (DTSC) site cleanup costs.

  43. Environmental Hardship Separate Site Apportionment • DTSC must certify that the preparation and implementation of the Response Action will take more than six months to complete. • District requests a separate apportionment prior to submission of the New Construction/ Site Acquisition application. • Provides funding to District for site purchase and site cleanup costs.

  44. Leased Sites • A District may receive SFP funding for facilities that are or will be located on real property leased by the District from a governmental agency. (1859.22, 1859.22(a)) • The leases must be long term: • 25+ years – from federal gov’t (1859.22(b)(1)) • 40+ years – from gov’t agency (not federal) (1859.22(b)(2)) • 30+ years – from gov’t agency (not federal) • No other educationally adequate sites, and cost per year no greater than for a 40+ year lease (1859.22(b)(3)) • 30+ years – from gov’t agency (not federal) and district provides evidence that a shorter lease term is necessary (1859.22(b)(4))

  45. We’re nearing the end of the presentation. Please send in your questions.

  46. Site Acquisition Tips Organizing Your Material • Separate the site acquisition backup documents from the rest of the application package and submit one of the following ways: • Binder Clip • Binder Notebook • CD Label Binders and CD’s with the District name, project number, and “Site Acquisition Documents”

  47. Site Acquisition Tips Actual Cost and Appraised Value, Items 5.d.(1) and (2) • District must enter escrow before OPSC received date for site acquisition application • Actual Cost = Sales Price • Does not include closing costs, etc. • Appraisals must be ordered by the District Representative or District legal counsel. 2% Allowance, Item 5.d.(4) • If acquiring new acreage, be sure to claim at least $25,000.

  48. Site Acquisition Tips DTSC Fees and Hazardous Waste Removal, Items 5.d.(5) and 5.e. • DTSC “Summary by Activity” sheets are needed when there is a Removal Action because some DTSC charges are related to Hazardous Waste and are reported in Item 5.e. If they aren’t included in the application package, they will be requested in the 15 day letter.

  49. Site Acquisition Tips Customer Service • If site acquisition issues in the 15-day letter are unclear, the District is encouraged to call the Project Manager to resolve issues prior to the 15-day response, possibly avoiding a 4-day letter.

  50. Contact Information • Valerie Castro, Real Estate Team • (916) 375-4216 ~~ Valerie.Castro@dgs.ca.gov • Thayne Gunther, Real Estate Team • (916) 375-8062 ~~Thayne.Gunther@dgs.ca.gov • Alan Shoemaker, Real Estate Team • (916) 376-5359 ~~Alan.Shoemaker@dgs.ca.gov • Janna Shaffer, Real Estate Supervisor • (916) 376-1822 ~~Janna.Shaffer@dgs.ca.gov

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