February 15, 2005

Mr. David Murphy, Superintendent

Davis Joint Unified School District

526 B Street

Davis, CA 95616

RE: District Consideration of Disposition of Grande Site

Dear David:

As you know, for many years, the City and the Grande site neighbors have had a strong interest in the ultimate ownership and use of the Grande site. In addition, the Grande site neighbors have used this site for open space and recreational activities for many years. We have a strong interest in whether the Naylor Act applies to this property and, again, what the ultimate use of this property will be.

We have heard that the District is now actively seeking or has been approached to sell the Grande site. However, we are not aware that the District has commenced the statutory procedures required prior to the sale of the Grande site. These procedures include the creation of a citizens' committee and its report, determination of Naylor Act rights, and offering the site to the City and other interested public agencies, in some cases at below fair market value and, in other cases, at fair market value.

Attached is a memo from the City Attorney outlining the statutory requirements for sale of surplus District property. Attached to her memo are District documents and District legal counsel opinions also outlining the process.

We urge the District to proceed with the public process prior to entertaining the sale of the Grande site to private interests. We believe that the public process will result in a project that will have public consensus and will not be detrimental to the District. The end result of this process may be public purchase of this site or sale to private developers. The City and the District must determine and consider the City's Naylor Act rights and the City Council will need to consider its option to exercise these rights.

The public and the City Council and other public agencies should be afforded their rights to consider the ultimate use and/or purchase of this property. The City strongly believes that the public process will generate a consensus view on the ultimate use and ownership of this property. Without this process, we believe that the District will generate public controversy, and potentially significantly delay the final decision on the ultimate use of the Grande site.

We would be happy to discuss the Grande site with the District. In addition we would like to receive a briefing from the District on the status of its process to sell the Grande site.

Sincerely,

James W. Antonen

CC: Tahir Ahad

School Board

City Council