RESOLUTION NO. 1718-02
On April 24, 2006, the CUSD Advisory Committee prepared a "Final Report and Recommendations" which recommended that Niguel Hills Middle School Parcel #637-412-02 be declared Surplus Property.
The Board approved Resolution No. 0506-76 which declared the property as surplus and stated the districts intention to sell the property.
At the time, the Niguel Hills Middle School Site was made of two separate parcels:
637-181-01 The large lower campus
637-412-02 The small upper campus which is currently used as storage for a car company.
In preparation to sell the parcel,CUSD applied for a lot line adjustment to enlarge parcel 637-412-02 (as shown in yellow below)
In 2006, the 2.47 acre Parcel 637-412-02 was valued at $6 million dollars.
On July 1, 2007 the City of Laguna Niguel approved a Lot Line Adjustment for 2.47 acres and a Zone Change and General Amendment. The zoning district is public institutional, residential multifamily, park & rec, managed care overlay.
The LLA was recorded with the County #2007000641532 however; the deed was never recorded with the assessor's office, so the legal description and APN number never changed.
At the January 26, 2017 workshop Staff recommended that CUSD choose Option 1 - Renegotiating use agreement with local car dealership.
At the February 22, 2017 Board Meeting Trustees approved Resolution No 1617-50 on the consent Calendar without discussion which stated:
Staff is now relying on a 2006 Advisory Committee recommendation and is asking the Board approve the sale of the land. What work has been done between February and now to change CUSD's decision to sale the property vs re-negotiate the rental agreement with the car company?
Has Staff really discussed this property with the City of Laguna Niguel?
Selling the Property As Is-
It appears that this property is NOT a single parcel - part of the land that is to be sold is on the main campus of Niguel Hills Middle School.
This Resolution was "Prepared" by Clark Hampton and "Approved" by Clark Hampton. I would caution Trustees that the last land purchase that Clark Hampton and Superintendent Vital negotiated on Consent Calendar resulted in a purchase price that gifted $13 million in taxpayer dollars to the Ranch and is now the subject of an investigation by the Orange County District Attorney. Neither Clark Hampton nor Kristen Vital are licensed by the State of California as brokers. The attorney of record on that deal had no name stated on the documents and signed his name with an "X". A complaint was filed with the Bureau of Real Estate because taxpayers have a right to ensure that their interests are being represented by this Board.
The Public brought this detail to the attention of the Board and asked Trustees how CUSD could sell this lot "As Is" when it contained a part of Parcel 637-181-01.
On February 21, 2018 a Public Records Request was filed with the City of Laguna Niguel.
The City's response revealed that CUSD had received a lot line adjustment in 2007, but had failed to record the deed.
Can CUSD sell this property "AS IS" without the Deed being properly recorded?
PUBLIC RECORDS REQUEST
On September 3, 2017 a Complaint was filed with the District Attorney:
Re: Concern that CUSD Deputy Superintendent, Business and Support Services Clark Hampton is selling a property in Laguna Niguel without full disclosure to Trustees, and without following the proper legal process.
Trustees have a fiduciary duty to represent the interests of taxpayers and students in all matters before the Board. However, when they delegate that authority to Clark Hampton (Deputy Superintendent of Business and Support Services) and Kristen Vital (Superintendent) they have no such duty. A complaint was filed to ensure that there is no Fraudulent Land Sales, the Gifting of Public Assets, or the Wasting of Public Assets.
Trustee have a fiduciary duty to students and taxpayers. In the past delegating authority for Clark Hampton and Kristen Vital has always resulted in the gifting of taxpayer assets
EXAMPLE 1: CUSD gifted $13 million dollars to RMV by agreeing to value the Esencia School site as if it had entitlements to build 100 homes. There were no entitlements granted. CUSD paid $3.4 million per acre for the school site. The Purchase was approved on the Consent Calendar without a price.
EXAMPLE 2: CUSD has spent almost $400,000 trying to change the zoning on the Pacifica San Juan property, so that CUSD could partner with a developer to build high density low income housing in a single family neighborhood.
EXAMPLE 3. CUSD is doing the same with the Paseo de Colinas property. They want to sell this property to a developer to build high density residential units as evidenced by a January 18, 2018 Asset Management Worksop.
See: January 18, 2018 CUSD Asset Management Workshop
EXAMPLE 4: CUSD is spending 1/2 million in Mello Roos taxpayer money to demolish the upper campus of San Clemente High School where a proposed toll road will go. CUSD's position is that the demolition was part of the work identified in the Negative Declaration. The Negative Declaration does not include any demolition of the upper campus.
Allegation #3 of the Complaint to the District Attorney pertained specifically to the Pasao de Colinas property.
At the July 26, 2017 BOT meeting, Agenda Item #29 page 640, Trustees ratified a 2006 Declaration of Surplus Property authorizing the sale of Paseo de Colinas to PUBLIC ENTITIES.
When Clark presented this item to the Board he stated on the record that, "offers for this property had already been received".
"If this is approved Staff will move forward with an RFP to sell the Property outright".
At the July 26, 2017 meeting, staff recommendied that the Board "delegate authority to Clark Hampton, Deputy Superintendent, Business and Support Services, or a designee, to execute the final Purchase and Sale Agreement with the highest bidder."
Trustees need to hire a licensed real estate broker to represent the interests of Taxpayers. Clark Hampton is not qualified to represent taxpayers in Real Estate matters. Trustees have an obligation to get the highest and best price for this land.
Board Agenda Item #35 at the February 28, 2018 CUSD BOT Meeting.
Trustees have a fiduciary duty to protect the publics assets. This is taxpayer land. The site was valued at $6 million dollars in 2007. It should not be gifted to a developer at below market rates.