Pacifica Information

  • On May 14, 2019, the Board of Education approved Resolution No. 23 (18-19) to identify current district properties as potential surplus property sites.  One of the properties for consideration was Pacifica Elementary School.

    Pacifica Elementary School
    4991 Macario Drive
    Year built: 1972
    Building sq. ft.: 1,300
    Acreage: 14.19
    Zoning: Public and Semi-Public

    Pacifica was discussed in the following Facilities Avisory (7-11) Committee meetings:
    May 28, 2019
    June 18, 2019
    August 14, 2019
    September 18, 2019
    October 16, 2019

    On November 12, 2019, the Facilities Advisory (7-11) Committee presented its Final Report on Findings and Recommendations to the Board of Education.  The Board of Education approved and accepted the following recommendations:

    1. The entire site of the former Pacifica Elementary School can be considered surplus to the educational needs of the District.
    2. The entire site of Ocean Shores High School can be considered surplus to the educational needs of the District.
    3. For the above reasons, the Committee recommends that the Governing Board declare the two Properties described above as surplus to the educational needs of the District.
    4. The Committee recommends the Governing Board consider reallocating these assets in a manner which best serves to improve the educational experience of all students in the District.  This includes options for possible sale or lease of the sites, seeking applicable waivers of bid requirements, as well as the consideration of potential joint use, license or exchange of the Properties.
    5. The Committee grants to the Governing Board the flexibility and discretion in choosing a method of disposition for these surplus Properties that best serves the District's financial interests and the needs of students, staff and community, while still adhering to all applicable laws and District policies.

Sale of Pacifica

  • On November 12, 2019, the Board of Education declared Pacifica Elementary School surplus to the educational needs of the district in accordance with Education Code sections 17455 et seq.  In April 2020, a Notice of Surplus Property Sale was published in the local newspaper and related priority offers to public entities were provided by mail. Interested, eligible entities were encouraged to submit a written offer to the Deputy Superintendent of Business Services by June 19, 2020.

    On October 13, 2020, the Board of Education approved a listing agreement with Tierra Development Advisors in order to utilize a commercial brokerage team to assist with the marketing of the Pacifica site in order to solicit offers in efforts to generate the highest potential price for the property expediently.

    On February 9, 2021, the Board of Education held a public hearing to receive public input on requesting a waiver of certain portions of the statutory surplus property disposition process for the sale of Pacifica.  Given the unique property aspects of Pacifica, the District, in consultation with its broker and legal counsel, determined that a Request for Proposal process was preferrable for the sale of Pacifica.  Accordingly, the Board of Education approved Resolution No. 25 (20-21), which authorized the District to move forward in requesting a waiver.  Any resulting purchase and sale agreement would be brought back to this Board for review and approval.  The Board of Education also approved Resolution No. 26 (20-21) which declared Pacifica to be “exempt surplus” in accordance with Government Code sections 54220 et seq. in order to comply with a change in the law that became effective after the district previously declared Pacifica to be “surplus.”

    On March 9, 2021, the Board of Education reviewed and considered the offers provided for the Pacifica property and selected a top offer, authorized staff to negotiate the terms of the letter of intent, as well as a purchase and sale agreement to be brought back for final Board approval at a later meeting.  However, the selected developer lost a number of key staff members and decided to move its business model away from acquisition of properties needing entitlements.  As a result, district staff requested new offers from other builders and developers that remained interested in Pacifica. 

    On July 20, 2021, the Board of Education reviewed and considered new offers provided for the Pacifica property and selected a top offer, authorized staff to negotiate the terms of the letter of intent, as well as a purchase and sale agreement to be brought back for final Board approval at a later meeting.

    On August 10, 2021, the Board of Education approved Resolution No. 03 (21-22) making certain findings in support of the State Board of Education's waiver conditions for disposition of the Pacifica property.  The resolution confirmed the Board's reasons for selection of the most desirable offer and made the required findings in support of SBE's waiver conditions.

    On December 14, 2021, the Board of Education approved the sale of Ocean Shores to MLC Land Holdings Inc. (known as Meritage) via Resolution No. 16 (21-22).  Upon approval, the District and Meritage entered into a Purchase and Sale Agreement.

    On February 8, 2022, the Board of Education approved the First Amendment and Second Amendment to the Purchase and Sale Agreement with Meritage.  The First Amendment extended the Feasibility Review Period by three days.  The Second Amendment amended the following terms:

    1. The Purchase Price, as set forth in Article I, Section 1.2(a) of the PSA, will be reduced by $500,000, from $15,800,000 to $15,300,000. 
    2. The Second Deposit, as set forth in Article I, Section 1.2(b)(ii) of the PSA, will be increased by $100,000, from $250,000 to $350,000. 
    3. $250,000 of the First Deposit and Second Deposit, as set forth in Article I, Section 1.2(b)(ii)-(iii) of the PSA, will now be deemed non-refundable, except in the event of a Seller default, or the circumstances provided in Article V or Section 3.2 or Section 2.3 of the PSA.