SECTIONS 81031-81033 - California Statutes

EDUCATION CODE

SECTION 81031-81033

81031. The board of governors shall establish standards for
community college sites.

81033. (a) The governing board of a community college district,
prior to acquiring any site on which it proposes to construct any
school building as defined in Section 81130.5, shall have the site,
or sites, under consideration investigated by competent personnel to
ensure that the final site selection is determined by an evaluation
of all factors affecting the public interest and is not limited to
selection on the basis of raw land cost only. If the prospective
college site is located within the boundaries of any special studies
zone or within an area designated as geologically hazardous in the
safety element of the local general plan as provided in subdivision
(g) of Section 65302 of the Government Code, the investigation shall
include any geological and soil engineering studies by competent
personnel needed to provide an assessment of the nature of the site
and potential for earthquake or other geological hazard damage.
The geological and soil engineering studies of the site shall be
of a nature that will preclude siting of a college in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation also shall include location
of the site with respect to population, transportation, water
supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area that is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code. A copy of the report of each investigation conducted pursuant
to this section shall be submitted to the board of governors.
(b) Geological and soil engineering studies as described in
subdivision (a) shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 81130.5 or, if the estimated cost exceeds twenty thousand
dollars ($20,000), for the reconstruction or alteration of or
addition to that building for work which alters structural elements.
The Department of General Services may require similar geological and
soil engineering studies for the construction or alteration of any
building on a site located outside of the boundaries of any special
studies zone. These studies need not be made if the site under
consideration has been the subject of adequate prior studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 7 (commencing with Section 81130) and to the
Chancellor's office of the California Community Colleges. The cost of
geological and soil engineering studies and investigations conducted
pursuant to this section may be treated as a capital expenditure.
(c) To promote the safety of students, comprehensive community
planning, and greater educational usefulness of community college
sites, the governing board of each community college district, if the
proposed site is within two miles, measured by air line, of that
point on an airport runway, or runway proposed by an airport master
plan, which is nearest the site and excluding them if the property is
not so located, before acquiring title to property for a new
community college site or for an addition to a present site, shall
give the board of governors notice in writing of the proposed
acquisition and shall submit any information required by the board of
governors.
Immediately after receiving notice of the proposed acquisition of
property which is within two miles, measured by air line, of that
point on an airport runway, or runway proposed by an airport master
plan, which is nearest the site, the board of governors shall notify
the Division of Aeronautics of the Department of Transportation, in
writing, of the proposed acquisition. The Division of Aeronautics
shall make an investigation and report to the board of governors
within 30 working days after receipt of the notice. If the Division
of Aeronautics is no longer in operation, the board of governors, in
lieu of notifying the Division of Aeronautics, shall notify the
Federal Aviation Administration or any other appropriate agency, in
writing, of the proposed acquisition for the purpose of obtaining
from the authority or other agency any information or assistance it
may desire to give.
The board of governors shall investigate the proposed site and,
within 35 working days after receipt of the notice, shall submit to
the governing board a written report and its recommendations
concerning acquisition of the site. The governing board shall not
acquire title to the property until the report of the board of
governors has been received. If the report does not favor the
acquisition of the property for a community college site or an
addition to a present community college site, the governing board
shall not acquire title to the property until 30 days after the
department's report is received and until the board of governors'
report has been read at a public hearing duly called after 10 days'
notice published once in a newspaper of general circulation within
the community college district, or if there is no such newspaper,
then in a newspaper of general circulation within the county in which
the property is located.
(d) If, with respect to a proposed site located within two miles
of an operative airport runway, the report of the board of governors
submitted to a community college district governing board under
subdivision (c) does not favor the acquisition of the site on the
sole or partial basis of the unfavorable recommendation of the
Division of Aeronautics of the Department of Transportation, no state
agency or officer shall grant, apportion, or allow to that community
college district for expenditure in connection with that site, any
state funds otherwise made available under any state law whatever for
community college site acquisition or college building construction,
or for expansion of existing sites and buildings, and no funds of
the community college district or of the county in which the district
lies shall be expended for those purposes. However, this section
shall not be applicable to sites acquired prior to January 1, 1966,
or to any additions or extensions to those sites.
If the recommendation of the Division of Aeronautics is
unfavorable, the recommendation shall not be overruled without the
express approval of the board of governors and the State Allocation
Board.
(e) No action undertaken by the board of governors or by any other
state agency or by any political subdivision pursuant to this
chapter, or in compliance with this chapter, shall be construed to
affect any rights arising under Section 19 of Article I of the
California Constitution.