SECTIONS 81520-81532 - California Statutes

EDUCATION CODE

SECTION 81520-81532

81520. The provisions of this article shall govern the lease or
lease-purchase of sites, buildings, and facilities by the governing
board of community college district whenever the district is the
lessee or purchaser and the lease or lease-purchase is not subject to
Section 18 of Article XVI of the California Constitution.

81521. For purposes of this article the following definitions shall
govern:
(a) "Temporary-use building" is any building for which the
intended use by the district at the time of entering into a lease
contract or agreement is not for more than three years from the date
of first occupancy.
(b) "Relocatable structure" is any structure that is designed to
be relocated.

81522. (a) The governing board of a community college district may
lease land for a term extending to the expected duration of use by
the district.
(b) Any lease contract or agreement entered into pursuant to this
section shall be initiated by resolution authorizing such action and
prescribing the terms thereof adopted by vote of a majority of the
members of the governing board.

81523. (a) The governing board of a community college district may
lease temporary-use buildings for a term extending to the expected
duration of use by the district.
(b) Any lease agreement or contract entered into pursuant to this
section shall be initiated by resolution authorizing such action and
prescribing the terms thereof adopted by vote of a majority of the
members of the governing board.
(c) A governing board of a community college district shall not
enter into a lease pursuant to subdivision (a), unless the resolution
adopted pursuant to subdivision (b) has been published in a
newspaper published in the district and having a general circulation
there; or if there is no such newspaper, then in a newspaper having a
general circulation in the district; or if there is no such
newspaper, then in a newspaper having a general circulation in a
county in which the district or any part thereof is situated. Notice
shall be published no less than once a week for three weeks prior to
the execution of the lease by the board.
(d) Any temporary-use building in which students are expected to
enter and which is leased under one, or successive leases, for a
total time in excess of three years, or under a lease-purchase
contract, shall be subject to the provisions of Article 7 (commencing
with Section 81130) and Article 8 (commencing with Section 81160) of
Chapter 1 of this part.

81523.5. (a) Notwithstanding subdivision (d) of Section 81523, in
order to adequately assess long-term site viability, any temporary
use building that is 50,000 square feet or less which the Los Angeles
Community College District leases under one, or successive leases,
for a total time of five years or less, and in which students or
faculty are expected to enter, shall be exempt from the provisions of
Article 7 (commencing with Section 81130) and Article 8 (commencing
with Section 81160) of Chapter 1.
(b) This section does not apply to a lease with an effective date
or effective renewal date that is on or after January 1, 2015.

81524. Any lease contract or agreement entered into pursuant to
Section 81523 shall be subject to the condition that the site on
which any temporary-use building is located shall be owned by the
district, or shall be under the control of the community college
district pursuant to a lease or lease-purchase contract or agreement
under the terms of which the land is leased to the district for a
term at least as long as the intended use of the building, and under
conditions that are compatible with the intended use of the building.

81525. Any lease contract or agreement entered into pursuant to
Section 81523 may provide for the joint use and occupancy by any
public or private entity.

81526. (a) The governing board of a community college district may
lease relocatable structures for a term extending to the expected
duration of use by the district, but not to exceed 10 years.
(b) Any lease agreement or contract entered into pursuant to this
section shall be initiated by resolution authorizing such action and
prescribing the terms thereof adopted by vote of a majority of the
members of the governing board.

81527. In any lease made pursuant to Section 81526, it shall be
competent to provide that the community college district lessee may
purchase the relocatable structure at an agreed purchase price and
that rental paid for the use of such structure or building shall be
applied in whole or in part upon the purchase price.

81528. Any lease contract or agreement entered into pursuant to
Section 81526 shall be subject to the following conditions:
(a) A leased relocatable structure in which students are expected
to enter and which is to be used for school purposes for a total time
in excess of three years shall be subject to the provisions of
Article 7 (commencing with Section 81130) and Article 8 (commencing
with Section 81160) of Chapter 1 of this part.
(b) Subdivision (a) of this section shall not apply to trailer
coaches used for classrooms or laboratories if such trailer coaches
conform to the requirements of Part 2 (commencing with Section 18000)
of Division 13 of the Health and Safety Code, and the rules and
regulations promulgated thereunder concerning mobilehomes, are not
expanded or fitted together with other sections to form one unit
greater than 16 feet in width, are used for special educational
purposes, and are used by not more than 12 students at a time, except
that such trailer coaches may be used by not more than 20 students
at a time for driver training purposes.
(c) The site on which a leased relocatable structure is located
shall be owned by the community college district, or shall be under
the control of the district pursuant to a lease or a permit.

81529. (a) Notwithstanding any other provision of law to the
contrary, the governing board of a community college district may
designate a building, which is primarily used for other than public
school purposes, as an "offsite location" for the purpose of
conducting instruction in educational programs as prescribed by the
governing board, provided that such educational programs require an
"offsite location" in order to adequately fulfill the objective of
the educational program.
(b) Any building used as an "offsite location" pursuant to
subdivision (a) shall not be subject to Article 7 (commencing with
Section 81130) of, or Article 8 (commencing with Section 81160) of,
Chapter 1 of this part.

81530. The governing board of a community college district may do
all of the following:
(a) Lease buildings and other facilities, such as administrative
offices, warehouses, athletic facilities, outdoor assembly
facilities, auditoriums, quarters for adult education, transportation
facilities, and communication facilities, for a period of not to
exceed 12 years.
(b) Lease property from the federal government, the state, or any
county, city and county, city, or district for the purpose of
constructing school buildings and facilities thereon.
(c) Except as otherwise provided, any building leased for a total
time in excess of three years, or under a lease-purchase agreement,
shall be deemed the construction or alteration of a school building,
as those terms are used in Article 7 (commencing with Section 81130).
A building or facility used by a community college district under a
lease or a lease-purchase agreement into which neither students nor
teachers are required to enter and which would be excluded from the
meaning of "school building" in Section 81160 shall not be considered
to be a "school building" within the meaning of Section 81130.5.

81530.5. (a) Notwithstanding Section 81530, or any other provision
of law, a community college district may lease an offsite commercial
building that does not meet the requirements of Section 81130, for
use as a school building, as defined in Section 81130.5, if the
governing board of the district finds that all of the following
conditions have been met:
(1) The building was constructed in accordance with seismic safety
standards for commercial buildings constructed within an earthquake
zone.
(2) The building permit for the initial construction of the
building was issued on or after January 1, 1990.
(3) A structural engineer has inspected the building and submitted
a report to the governing board of the community college district
that certifies that the building is in substantial compliance with
the requirements of this article. For purposes of this section,
substantial compliance with this article means that the building is
likely, without catastrophic collapse, to resist earthquake forces
generated by major earthquakes of the intensity and severity of the
strongest experienced in California, but may experience some
reparable architectural or structural damage. This certification
requirement is satisfied if the structural engineer affixes his or
her seal of approval to the report and he or she attests in that
report that to the best of his or her knowledge:
(A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building, to the extent those items are available.
(B) He or she has authorized testing and has observed or reviewed
the test results and the inspections of an adequate sample of the
structure's welds, anchor bolts, and other structural elements deemed
necessary for the satisfactory performance of the building.
(C) He or she has observed that the overhead nonstructural
elements, including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
(b) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (3) of subdivision
(a) to the Department of General Services for its review. Within 45
working days, the Department of General Services shall review the
report for compliance with the above requirements, to provide
feedback to the structural engineer regarding any insufficiencies
with the report, and to determine whether or not the building is in
substantial compliance with the requirements of this article. If the
Department of General Services does not respond within 45 working
days of the submission of the final and complete report, the
department will be deemed to have concurred with the structural
engineer's report. A final decision by the governing board of the
community college district to occupy the building for school purposes
shall not occur until the governing board has reviewed and
considered the feedback of the department, or the 45 workday review
period has passed.
(c) (1) No member of the governing board of a community college
district, nor any employee of a community college district, shall be
held personally liable for injury to persons or damage to property
resulting from the fact that the governing board of the community
college district used a commercial building pursuant to this
subdivision for a school and the building was not constructed under
the requirements of Section 81130.
(2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) is not intended to limit the liability of
the community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a commercial building
pursuant to this subdivision for educational purposes and the
building was not constructed under the requirements of Section 81130.
The exemption from personal liability for members of the governing
board and employees of a community college district described in
paragraph (1) is not intended to limit the liability of the community
college district, the governing board or the district's employees
pursuant to Section 835 of the Government Code.
(3) Section 81144 is not applicable to a person who, pursuant to
this section, leases or uses a building for a community college
building that meets the requirements of this section but does not
meet the requirements of Section 81130. Approval and use of a
building pursuant to this section does not constitute a violation of
this article.

81531. Any lease or lease-purchase contract or agreement executed
prior to the effective date of this article shall remain in full
force and effect. The renewal of such contracts or agreements,
however, shall be governed by the provisions of this article.

81532. Notwithstanding any limitations or requirements imposed by
this article upon the leasing or renewal of leasing of relocatable
structures on and after August 27, 1974, all acts and proceedings
heretofore taken by or on behalf of any community college district
for the lease of, or the renewal of a lease of, relocatable
structures, including but not limited to trailers, are hereby
confirmed, validated and declared to be legally effective and such
lease agreements or renewals of such lease agreements are legal,
valid and binding obligations if such lease agreements or renewals of
such lease agreements would have otherwise been authorized under
former Education Code Section 15352 or 15352.5 had such sections not
been repealed on August 27, 1974, by Chapter 547 of the Statutes of
1974.