BUSD approves fire station repurchase agreement

A specific agreement for the Bonsall Unified School District to repurchase the Old River Road land which had been used for the North County Fire Protection District's previous Station 5 was approved by the BUSD board Dec. 8.

The 4-0 board vote, with Sylvia Tucker absent, authorized BUSD staff to enter into a purchase and sale agreement with NCFPD for the 0.64-acre property and authorized BUSD superintendent Justin Cunningham or his designee to take any necessary actions for the sale including expenditure of funds, execution of grant deeds, and filing any necessary documents.

"What we basically did was the approval of the way the attorney drew up the document," Cunningham said. "We still have to be approved by the fire district."

The North County Fire Protection District's next scheduled board meeting is Jan. 26.The NCFPD ratification will be followed by inspections and other sale-related activity before the school district regains possession of the land.

"Just looking forward to tying that up, and I appreciate the help and support from the fire district," Cunningham said.

In 1981, the Bonsall Union School District sold a parcel of land on Old River Road adjacent to Bonsall Elementary School to the Fallbrook Fire Protection District for $35,000.The grant deed, which applied to successor agencies, included a stipulation that if the land was to be used for something other than a fire station, it was to be sold back to the school district for the purchase price of $35,000. A fire station and a parking area were constructed on the property.

The Fallbrook Fire Protection District became the North County Fire Protection District in 1986 after merging with the county service area which provided fire protection services for Rainbow, and in 2014 the Bonsall Union School District transitioned from a K-8 elementary school district to a K-12 district and became the Bonsall Unified School District.

On Jan. 30, the County of San Diego issued the North County Fire Protection District a certificate of occupancy, which allows habitation and visitors, for the new Station 5 on Olive Hill Road. NCFPD and BUSD staff had different interpretations whether the repurchase price should consider improvements made to the property.

On Jan. 13, the BUSD board voted 4-0, with Timothy Coen absent, to support a purchase price of $35,000. Fire board members threatened to continue to use the old fire station rather than sell it for $35,000. A docketed agenda item for the Jan. 27 NCFPD board meeting was withdrawn, and the fire board never took an official position in favor of factoring the improvements into the repurchase price. On March 19, a 3-0 BUSD board vote with Coen and Tucker absent reaffirmed the school district's intent to move forward with the repurchase of the fire station property.

Public agency boards usually discuss real property negotiations in closed session, although any votes may be reported out of closed session. On July 28, the NCFPD board's closed session included a decision to accept the sale of the property for $35,000.

The school district has not made a definite determination on the use of the land, although it has been discussed as the location for a continuation high school.

The BUSD action also directed district staff to evaluate whether a categorical exemption to California Environmental Quality Act review may be obtained. An addition to an existing school which does not increase student capacity by more than 25 percent or 10 classrooms (whichever is less) is eligible for a categorical exemption.