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HomeMy WebLinkAboutHBCSD - Huntington Beach City School District - 2008-06-1617 / TO: FROM: Joan L. Flynn, City Clerk SUBJECT: COMPLETION BY YOUR DEPARTMENT OF CITY COUNCIL APPROVE® AGENDA ITEM ITEM: ZZjQ U A), 7-V- 1116�G`ls��C�L. Date Approved: %,Z—� 1la -,-Aoda The above item can be officially filed if the following requirements are met: pion /Vz7v dSi�.cJ�� .��� .JJT7ti cam" In order for the City Clerk's Office to proceed, please check (d) as applicable: ( ) The necessary requirements will be provided by Date Department Head Signature Completion of this item is no longer necessary. City rtment Head Signature Attorney Esparza, Patty From: Hall, Bob Sent: Thursday, February 23, 2012 2:55 PM To: Esparza, Patty Cc: Flynn, Joan Subject: RE: status update - LeBard School Site Negotiations are on -going but we do not meet often at this point..... From: Esparza, Patty Sent: Wednesday, February 22, 2012 4:32 PM To: Hall, Bob Cc: Flynn, Joan Subject: status update - LeBard School Site Hi Bob — I have had this item in pending status since 2008 & would periodically receive updates from Tina Krause. I noticed that this property was on the Closed Session Agenda on 9/30/2011. Can you tell me if negotiations are still ongoing? If they are I will keep it as a pending item and if not will file it as complete. Thanks for your help! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 ,A please think of trees before you print Esparza, Patty From: Krause, Tina Sent: Friday, April 16, 2010 2:26 PM To: Esparza, Patty Subject: RE: pending items I should have the HHYC agreement signed any day now. I know I probably said that last time but it is in the works!!! I'm going to celebrate when that one__is_done.—_ r_ ________ ___ As far as LeBard goes, it is still technically in negotiations, so please keep that one on hold. Tina Krause Real Estate Services Economic Development Department City of Huntington Beach Phone (714) 374-1529 Fax (714) 375-5087 From: Esparza, Patty Sent: Friday, April 16, 2010 2:23 PM To: Krause, Tina Subject: pending items Importance: High Hi Tina — It's that time again! I'm checking the status of two items: 1. LeBard School Site (6/16/08)— Is this deal is totally dead in this budget environment, or are negotiations still going on? 2. HHYC (7/20/09) — need new Exhibit C — ever get the Record of Survey from the County? Thanks for your help with these! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 714-536-5260 `please think of trees before you print Page I of 2 Esparza, Patty From: Krause, Tina Sent: Friday, April 03, 2009 4:44 PM To: Esparza, Patty Subject: RE: Pending Items No, it's not closed. It's just moving very slowly. Tina Krause Real Property Agent Economic Development Department City of Huntington Beach (714) 374-1529 fax: (714) 375-5087 From: Esparza, Patty Sent: Friday, April 03, 2009 4:42 PM To: Krause, Tina Subject: RE: Pending Items Me. I have the old unexecuted contract from the 6/16/08 meeting in pending and am waiting to put it in the file if it eventually gets approved. Just was wondering if it was close or not. From: Krause, Tina Sent: Friday, April 03, 2009 4:40 PM To: Esparza, Patty Subject: RE: Pending Items Who is asking? Bob Hall is the lead on this and I haven't heard anything recently. Tina Krause Real Property Agent Economic Development Department City of Huntington Beach (714) 374-1529 fax: (714) 375-5087 From: Esparza, Patty Sent: Friday, April 03, 2009 4:35 PM To: Krause, Tina Subject: RE: Pending Items Also, on a different topic. Are negotiations still going on for the LeBard School site? From: Krause, Tina Sent: Friday, April 03, 2009 4:31 PM To: Esparza, Patty Cc: Hughes, Thomas Subject: RE: Pending Items Thanks, Patti. We'll look into it. First, have a few questions: 4/3/2009 Page 1 of 1 Esparza, Patty From: Krause, Tina Sent: Monday, June 30, 2008 5:22 PM To: Esparza, Patty Cc: Hall, Bob Subject: RE: MOU for L Actually I just got word that the MOU will not be executed. The HBCSD did not accept the City's terms. I believe we will be meeting with the school district within the next week or so. Tina From: Esparza, Patty Sent: Monday, June 30, 2008 5:19 PM To: Krause, Tina Subject: MOU for LeBard Hi Tina — I am still holding on the MOU that was approved by Council on 6/16. Have you had a chance to speak with Bob Hall on this? Do you know when the School District is meeting again and if they will be addressing this issue? Thanks! Patty Esparza, CMC Senior Deputy City Clerk City of Huntington Beach 71 4-536-5260 6/30/2008 Council/Agency Meeting Held: Deferred/Continued to: '4Appr ve ❑ Conditionally Approved ❑ Denied L�ACi lerk' Sign t re Council Meeting Date: 6/16/2008 Department ID Number: ED 08-27 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB/ FPS SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATORi Iq PREPARED BY: BOB HALL, DEPUTY CITY ADMINISTRATOR SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR FUTURE NEGOTIATIONS REGARDING ACQUISITION OF LEBARD SCHOOL SITE Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach has received notice from the Huntington Beach City School District of its intention to surplus the property commonly referred to as LeBard School site located at 20451 Craimer Lane in the City of Huntington Beach. On April 8, 2008, the City officially notified the school district of its intent to enter into negotiations to purchase all or part of LeBard School site. The City is now prepared to enter into a Memorandum of Understanding with the school district regarding said negotiations. Funding Source: N/A; only requesting permission to enter into an MOU at this time. Recommended Action: Motion to: 1. Authorize the Mayor and City Clerk to approve and execute the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach City School District for future negotiations regarding the acquisition of the LeBard School site. Alternative Action(s): Do not approve the Memorandum of Understanding and provide additional direction to staff regarding negotiations. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: ED 08-27 Analysis: On March 8, 2008, the Huntington Beach City School District (HBCSD) Board of Trustees notified the City of Huntington Beach (City) of its intention to surplus the former school site commonly known as LeBard School, located at 20451 Craimer Lane in the city of Huntington Beach. In response, on April 8, 2008, city staff notified the HBCSD of the City's interest to commence negotiations under the Naylor Act. Prior to these actions, on December 3, 2007, City Council approved the Surplus School Property Purchasing Plan (SSPPP) for the City and HBCSD. The SSPPP evaluates the park and recreational open space needs from a park and youth sports use and field allocation perspective and recommends the amount of acreage to be acquired for each individual closed school site within the HBCSD. This plan identified the LeBard School site and recommended that approximately eight acres should be acquired by the City to fulfill the youth sports and open space needs of the surrounding neighborhood and to meet community needs. The State of California's Education Code and Government Code govern the disposition of surplus property by a school district. California Education Code sections 17485 et seq., commonly known as the Naylor Act, governs the disposal of certain types of surplus school property. The Naylor Act allows the city the right to acquire up to 30 percent of the total surplus land area at 25 percent of the fair market value for the purpose of providing recreation areas in the community where no alternative sites exist. As required under the Naylor Act, the city must pass a resolution if it intends to negotiate with a school district to acquire all or part of a school site. On April 7, 2008, City Council adopted such a Resolution No. 2008-22 which relates to the inadequacy of public lands in the vicinity of the LeBard School site to meet the existing and foreseeable needs of the community for playground, playing fields, and other outdoor recreational and open space purposes. The LeBard School site area is 10.12 acres, of which approximately eight acres are used by the community for outdoor recreational purposes and is a venue for organized youth sports within the City. In evaluating the LeBard School site, the HBCSD commissioned appraisal valued the LeBard site at a fair market value of $1,600,000 per acre. If applying the Naylor Act, the site would be valued at 25 percent of market value, or $400,000 per acre. The HBCSD appraiser's opinion of value is $12,410,000. This estimate assumed a portion of the site would be purchased for full market value and 30 percent of the site would be purchased at 25 percent of market value. The City and HBCSD have commenced negotiations and established some basic principles as a guideline for future negotiations which are set forth in the Memorandum of Understanding (MOU). See Attachment #1 for details. These principles are as follows: • HBCSD will convey the entire LeBard site to the City. -2- 6/5/2008 10:19 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/16/2008 DEPARTMENT ID NUMBER: ED 08-27 ® The City shall convey up to 3.5 acres of City -owned land adjacent to the Poseidon Desalination project site; a cash payment of $7,000,000; and an amount not to exceed $400,000 for tank removal, remediation and/or clean-up activities. The exchange of City -owned property is contingent upon the approval of the Poseidon Desalination project. The estimated value of the City's proposed offer to the HBCSD is $11,950,000. 0 The City does not consider this purchase of the LeBard School site as an acquisition under the Naylor Act. 0 By mutual written agreement, the HBCSD may leaseback a portion of the site. ® The MOU will remain in effect for six months and may be extended an additional six month period upon mutual written agreement. This time period will allow the City and HBCSD to perform due diligence investigations of the school site and the real property owned by the City. • In the event that the HBCSD or the City decides not to implement the provisions of the MOU, the City and HBCSD agree to meet in good faith to negotiate the City's purchase of the site under the terms and prices required by the Naylor Act. Staff recommends approval of the MOU and its outlined principles for negotiation so as to provide the necessary direction to finalize a purchase agreement with the HBCSD for acquisition of the surplus LeBard School site. Strategic Plan Goal: L-2 Create a plan for the use of surplus school property to ensure compatible uses within the surrounding neighborhood and meet community needs. Environmental Status: N/A Attachment(s): -3- 6/4/2008 2:53 PM ATTACHMENT MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH CITY SCHOOL DISTRICT AND THE CITY OF HUNTINGTON BEACH This Memorandum of Understanding ("MOU") is entered into as of June , 2008 ("Effective Date") between the Huntington Beach City School District, a California public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California ("School District") and the City of Huntington Beach, a political subdivision of the State of California duly organized and validly existing under the Constitution and laws of the State of California ("City"), individually referred to sometimes herein as a "Party" and collectively referred to as the "Parties," and with respect to the following facts: WHEREAS, School District is the owner in fee of that certain real property consisting of approximately 10.12 acres located at 20451 Craimer Lane in the City of Huntington Beach, California, commonly known as the Le Bard School Site, and legally described in the attached Exhibit A ("Site"); and WHEREAS, the School District desires to dispose of the Site, and is in the process of following the surplus property procedures set forth in the California Education Code and California Government Code to effectuate the sale of the Site; and WHEREAS, School District and City have had negotiations regarding the disposition of the Site, as well as the School District's desire to obtain title to real property owned by the City and located within the City of Huntington Beach; and WHEREAS, School District and City wish to enter into this MOU as a basis for the future negotiations and discussions leading to the Parties entering into a purchase and sale agreement ("Purchase Agreement") regarding the City's acquisition of the Site and the School District's acquisition of real property owned by the City. Now, therefore, the City and School District hereby establish the following principles to guide their future negotiations on this matter: 1. School District will convey the Site to City. CADocuments and Settings\giguerej\Local Settings\Temporary Internet Files\OLKD5\MOU (clean) DNY 060408.doc 2. City will either: (1) convey to School District up to 3.5 acres of City -owned property located on Edison Way in the City of Huntington Beach and legally described as the attached Exhibit B ("City Property") following the California Coastal Commission's approval of the Poseidon Desalination Plan project; or (2) use its best efforts to acquire a comparable alternate site located on the southeast corner of Edison Way and Newland Street and convey this alternate site to School District. 3. City will remove any structure or tank located on City Property and perform necessary remediation and/or clean-up activities at City's sole cost and expense but in no event shall City be required to expend more than $400,000 on remediation and/or clean-up activities. 4. City will deposit Seven Million Dollars ($ 7,000,000.00) with instructions to transfer these funds to School District upon the close of escrow on the City's purchase of Site. 5 By mutual written agreement, the School District may leaseback a portion of the Site comprising the existing School District Administrative Offices and associated parking spaces. 6 City and School District agree that this MOU shall remain in effect for six months following the date of approval by the School District's Board of Trustees and the City Council, whichever is later. The City and School District may extend this six-month period by mutual written agreement. 7. The City and School District may, but are not obligated to, perform due diligence investigations of the Site and City Property ("Permitted Activities") during the term of the MOU. In connection therewith, the Parties hereby agree: a. Parties' Contractors. The Parties may engage contractors, subcontractors or consultants to assist with any specified task of the Permitted Activities; however, no contractual, legal or other relationship will be created between or among the respective owner of the Site or City Property, and any such contractor, subcontractor or consultant engaged by a Party as a result thereof. This MOU shall not create any obligation on the part of the respective owner to pay or to see that the payment of any sum is made to any contractor, subcontractor or consultant engaged by the other Party. b. The Parties agree to coordinate in advance any upon the Site or City Property, as appropriate so as not to interfere with or disrupt the operations of the respective owner. Mechanic's Liens. The Parties hereby agree that no mechanic's or materialmen's or other liens or encumbrances shall be filed and C:\Documents and Settings\MulvihiL\Local Settings\Temporary Internet Files\0LKl4C\M0U (clean) DNY 060408 (2).doc 2 remain in effect against any portion of the Site or City Property, as appropriate, as a result of any of the Permitted Activities that may be performed by either Party or any contractor, subcontractor or consultant engaged by such Party pursuant to the terms of this MOU. In the event any such liens or encumbrances described above are filed against any portion of the Site and/or City Property as a result of the Permitted Activities, the Party responsible for such lien or encumbrance shall immediately perform any actions and make payments that may be required to release such liens or encumbrances. d. Indemnity. Each Party hereby agrees to indemnify, defend and hold the other Party, its officers, directors, agents, employees, stockholders, parent corporations and subsidiaries, and successors and assigns, from and against claims, losses, liabilities, actions and other proceedings, judgments and awards, costs and expenses (including but not limited to attorneys' fees), damages and damage for injury to person or property resulting from, related to, arising out of, or in connection with (a) the Permitted Activities, (b) any activity or omission of the non -owner Party or its contractors, subcontractors or consultants, (c) any breach of this MOU, or (d) any entry upon the Site or City Property by the non -owner Party. e. Restoration. In the event that this MOU is terminated for any reason, the Parties agree, within a reasonable time, to restore the Site and City Property, as appropriate, to a condition equivalent to its condition prior to the initiation of the Permitted Activities or, at the election of the respective owner in its sole discretion, to leave the Site or City Property in its then -current condition. f. Compliance with Laws. The Parties shall comply, at all times, with all federal, state and local laws, ordinances, statutes, rules and regulations application to the activities carried out, or to be carried out, in connection with the Permitted Activities; including, but not limited to, environmental, employment and labor, occupational health and safety. g. Insurance. Prior to any entry upon the Site or City Property, as appropriate, the non -owner Party shall either self -insure or procure commercial general liability insurance in an amount equal to Two Million and No/100 Dollars ($2,000,000.00) each occurrence, and Three Million and No/100 Dollars ($3,000,000.00) aggregate insuring against bodily injury, property damage and personal injury. Such insurance shall name the owner of the Site or City Property, as appropriate, as an additional insured. Prior to any entry onto the Site or City Property, the non -owner Party shall C:\Documents and Settings\MulvihiL\Local Settings\Temporary Internet Files\OLK14C\MOU (clean) DNY 060408 (2).doc 9 provide a Certificate of Insurance evidencing such general liability insurance to the owner Party. 8. This MOU merely sets forth the basic terms and conditions that the Parties intend to incorporate into a definitive Purchase Agreement. The Parties acknowledge and agree that the sole obligation of each party with respect to this MOU will be to negotiate in good faith the terms and conditions of such Purchase Agreement. In the event School District or City are unable to agree upon such terms the Parties agree to meet in good faith to negotiate for the City's purchase of the Site, or any portion thereof, pursuant to the surplus property procedures set forth in the California Education Code and California Government Code including, but not limited to, the Naylor Act. 9. This MOU may be executed in any number of separate counterparts, of which so executed shall be deemed an original, and such counterparts shall together constitute one and the same MOU. IN WITNESS WHEREOF this Memorandum of Understanding has been executed as of the date first set forth above. HUNTINGTON BEACH CITY SCHOOL CITY OF HUNTINGTON BEACH, a DISTRICT, a California public school district municipal corporation of the State of print name ITS: President, Board of Trustees APPROVED AS TO FORM: School District Attorney California ,&U� Mayor ity Cler APPROVED AS TO FORM: City Attorney CADocuments and Settings\Mu1vihiL\Loca1 Settings\Temporary Intemet Files\OLK14C\MOU (clean) DNY 060408 (2).doc F Fi'XHIRIT A LEGAL DESCRIPTION OF SITE THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 DISTANT THEREON NORTH 88°55'30" EAST 351.95 FEET FROM THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THEN NORTH 1 ° 15' 10" WEST 376.43 FEET; THENCE NORTH 88044'50" EAST 15.00 FEET; THENCE SOUTH 1°15'10" EAST 110.00 FEET; THENCE NORTH 86048'20" EAST 128.71 FEET; THENCE NORTH 82°12'00" EAST 129.35 FEET; THENCE NORTH 77°34'00" EAST 129.35 FEET; THENCE NORTH 72056'00" EAST 129.35 FEET; THENCE NORTH 69°34'26" EAST 127.32 FEET; THENCE NORTH 76013'49" EAST 122.76 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 820.00 FEET; A RADIAL TO SAID POINT BEARS NORTH 76°06'58" WEST; THENCE SOUTHERLY ALONG SAID CURVE 214.09 FEET THROUGH A CENTRAL ANGLE OF 14057'32" THENCE TANGENT TO SAID CURVE SOUTH 1004'30" EAST 205.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, THENCE SOUTH 88°55'30" WEST 734.52 FEET TO THE POINT OF BEGINNING. CADocuments and Settings\MulvihiL\Local Settings\Temporary Internet Files\OLKNC\MOU (clean) DNY 060908.doc 9 EXHIBIT B LEGAL DESCRIPTION OF CITY PROPERTY THAT PORTION OF PARCEL 4 OF LOT LINE ADJUSTMENT NO. 11 97-3, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED DECEMBER 3, 1997 AS INSTRUMENT NO. 19970628491 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 4; THENCE ALONG THE EASTERLY LINE THEREOF, BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT HUNTINGTON BEACH CHANNEL, DESCRIBED AS PARCEL NO. D1-104 IN THE AMENDED FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 1, 1963 IN BOOK 6788, PAGES 915 THROUGH 922 OF OFFICIAL RECORDS, THENCE ALONG SAID COMMON LINE, SOUTH 00017'00" WEST 96.13 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE WESTERLY, WITH A RADIUS OF 312.69 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 87030'32" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02047'51 ", AN ARC DISTANCE OF 15.27 FEET TO A POINT ON A REVERSE CURVE, CONCAVE EASTERLY, WITH A RADIUS OF 2462.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89041'37" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°06'06", AN ARC DISTANCE OF 348.20 FEET TO A POINT THROUGH WHICH A RADIAL LINE BEARS SOUTH 82012'17" WEST; THENCE LEAVING SAID EASTERLY LINE OF PARCEL 4 AND SAID WESTERLY RIGHT-OF-WAY LINE OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT HUNTINGTON BEACH CHANNEL, WEST 454.99 FEET; NORTH 119.28 FEET; AND NORTH 05°26'07" EAST 344.64 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 4; THENCE SOUTH 89°27'18" EAST 399.83 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING. C\Documents and Settings\MulvihiL\Local Settings\Temporary Internet Files\OLKWOMOU (clean) DNY 060906.doc on HAWTON S, -I M 9- .N COE P. I& and I 4-ftl- IK 4;7 Maw INITIATING DEPARTMENT: City Administrator SUBJECT: Approve MOU between the City and HBCSD for future negotiations re: acquisition of LeBard School Site COUNCIL MEETING DATE: June 16, 2008 RCA ATTACHMENT& STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable ENPLANATOOH FOR 03SS HG ATTACH�liv EHTS Attachment #1: Draft copy included. The original signed copy will be availabe on June 5th subsequent to the HBCSD board meeting. 2-0 0tom':L Wjl ... '�r��, REVIEWED RETURNED FORWAR08D Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Belo:w Spa_ o For City Clerk's Use WORP 1 /1 •' illy RCA Author: T. Krause ext. 1529 0j � > CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Council Members and Mayor Cook FROM: Bob Hall, Deputy City AdministratVv— DATE: June 16, 2008 SUBJECT: Late Communication: Change in Recommended Action on agenda Item F-2 : MOU between the City of Huntington Beach and the Huntington Beach City School for future negotiations regarding the acquisition of LeBard School site. This item was placed on the agenda in anticipation of the Huntington Beach City School District taking action to approve the MOU for the sale of the LeBard School site on June 12, 2008. Due to the absence of 2 School Board members the item was tabled at that meeting and will be considered at a future meeting. The City has not received confirmation as to a specific date that the District will consider this item. Therefore, staff recommends that the City Council defer action on this item until after Huntington Beach City School District have taken action to approve the MOU.