Wednesday, October 15, 2008

The Naylor Act

From The Naylor Act


Make yourself a big cup o' joe and read the Naylor Act. Aka, California Ed Code 17485

2 comments:

Unknown said...

Thank you.

Anonymous said...

Yes, thank you.

I see from reading the Education Code that:

Section 17486. "This article shall apply to any schoolsite owned by a school district, which the governing board determines to sell or lease, and with respect to which the following conditions exist:
(a) Either the whole or a portion of the schoolsite consists of land which is used for school playground, playing field, or other outdoor recreational purposes and open-space land particularly suited for recreational purposes.
(b) The land described in subdivision (a) has been used for one or more of the purposes specified therein for at least eight years immediately preceding the date of the governing board's determination to sell or lease the schoolsite."

Thus it is WRONG for City Attorney Glenn Sabine to advise Council that the Naylor Act does not apply to Pacific View. The site was used for playgrounds and local recreational needs for the required time BEFORE THE CITY OF ENCINITAS BEGAN LEASING THE PROPERTY from EUSD for one dollar per year for the temporary public works yard. When we checked, very recently, there were STILL city vehicles parked there. The timeline began when the City began leasing the property, not from the time that EUSD decided to "trade" the property for an income stream.