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APRIL 3-6, 2013, LONG BEACH, CA

APRIL 3-6, 2013, LONG BEACH, CA. Strategic Asset Management Navigating its Legal and Political Complexities A model for creating a plan that effectively addresses your educational, fiscal, and operational objectives

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APRIL 3-6, 2013, LONG BEACH, CA

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  1. APRIL 3-6, 2013, LONG BEACH, CA Strategic Asset Management Navigating its Legal and Political Complexities A model for creating a plan that effectively addresses your educational, fiscal, and operational objectives Presented by Marilyn Cleveland of DANNIS WOLIVER KELLEY and Dominic Dutra and Jerry Matranga of Dutra Cerro Graden APRIL 3-6, 2013, LONG BEACH, CA

  2. Compelling Need to Develop “Strategic” Plan "The financial emergency facing our schools remains both wide and deep. The deep cuts made to school funding — and looming uncertainties about the future — are driving school districts to the brink of insolvency. Plain and simple, our schools need new revenues to get back on solid financial ground." — Tom Torlakson, State Superintendent of Public Instruction February 23, 2012 2013 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  3. So What Exactly is “Strategic”? How do we use all of our resources to achieve the singular objective of providing the best possible education for the students we serve? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  4. Strategic Question #1 What school facilities do we need? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  5. Strategic Question #2 What education support facilities do we need? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  6. Strategic Question #3 What sites & facilities will we need in the future? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  7. Strategic Question #4 What additional sites/facilities will the District require? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  8. Strategic Question #5 What sites/facilities are surplus to the current and/or future needs of the District? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  9. Strategic Question #6 What sites are no longer needed to support the instructional programs in the District? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  10. Starting Point – Policy and Regulation • Board Policies (BP) should reflect the Governing Board’s beliefs regarding the sale or lease of district-owned real property • Administrative Regulations (AR) should detail the procedures that govern the district’s sale or lease of surplus real property Note: CSBA Sample BP and AR 3280 CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  11. Some Important Questions About Your Assets What are some considerations if you decide to use assets for alternative uses? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  12. Waivers to the Education Code • Waivers of certain sections of the Education Code (EC) may be in the best interests of the district and the community • The California Department of Education (CDE) recommends seeking waivers when sections of the EC “prevent the district from choosing the most desirable owner or lessee of its surplus property…” Source: CDE publication Closing a School Best Practices Guide, Chapter5: Disposing of School Property http://www.cde.ca.gov/ls/fa/sf/schoolclose.asp CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  13. Waivers to the Education Code CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  14. What if We’re Not Sure? Reserve Status Sites District may want to retain asset for potential future use CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  15. Evaluating Energy Needs Legal Parameters for Selection of Consultants CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  16. Developing Energy Saving Options What options should be considered?

  17. Joint Use Agreements Key provisions in EC 17527 et seq.

  18. Joint Use Agreements

  19. Joint Occupancy

  20. Joint Occupancy Key Features:

  21. Joint Occupancy Advantages:

  22. Joint Occupancy Disadvantages:

  23. Community Recreation Act

  24. What is Legal Authority for a Real Property Exchange?

  25. What Types of Real Property Exchange Are Allowed? Real property exchanges can be:

  26. What if Asset is of No Strategic Value to District? CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  27. Land Lease of Asset Procedural requirements include:

  28. Land Lease of Asset

  29. Sale of Asset Procedural requirements include:

  30. Sale of Asset

  31. Completing Your Plan When completed, your plan should be… "Legally supportable, strategically planned, and practically implemented."  CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  32. Legally Supportable… Your plan must be developed within the context of the constraints and opportunities represented by the State Education Code.  CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  33. Strategically Aligned… Your plan must be strategically aligned with the fiscal, educational and other strategic plan goals and objectives of the District.  CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  34. Steps for Strategic Asset Management Plan CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  35. Communicate Benefits for Students & Community On July 28, 2009, Education Code Section 17463.7 was enacted. This law enables a school district to transfer a portion of surplus site sale proceeds into its general fund for one-time expenses. Current law sunsets January 1, 2014.* *Restrictions apply based on funding source for original purchase CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  36. Benefits for Students & Community • Communicate, communicate, communicate! • This controversial and delicate issue can only be successful with full support of stakeholders • Truly listen to their concerns; you may not win them over, but you'll limit the emotions and anger Successful 7-11 Committee Process CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  37. Real Property Matrix Plan and implement SMART goals CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  38. Process Plan CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

  39. Questions? Marilyn J. Cleveland Attorney at Law Dannis Woliver Kelley 71 Stevenson Street, 19th Floor San Francisco, CA 94105 TEL 415.543.4111 FAX 415.543.4384 mcleveland@DWKesq.com www.DWKesq.com Dominic D. Dutra Chief Executive Officer Dutra Cerro Graden 7600 Dublin Blvd., Suite 275 Dublin, CA 94568 TEL 510.366.9931 FAX 925.905.2611 ddutra@dcgrealestate.com www.dcgrealestate.com Jerry Matranga VP, Corporate Development Dutra Cerro Graden 7600 Dublin Blvd., Suite 275 Dublin, CA 94568 TEL 916.303.0322 FAX 925.905.5546 jmatranga@dcgrealestate.com www.dcgrealestate.com CASBO ANNUAL CONFERENCE & SCHOOL BUSINESS EXPO 2013

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