BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: AB 1080
AUTHOR: Skinner
AMENDED: May 14, 2009
FISCAL COMM: No HEARING DATE: June 25, 2009
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Emery Unified School District Joint Use Agreement
SUMMARY
This bill authorizes the Emery Unified School District,
upon a two-thirds vote, to enter into a joint-use,
joint-ownership agreement with a governmental agency
whereby a new school and community services facility is
constructed on land owned by the school district, and
requires the agreement to contain specified elements.
BACKGROUND
Current law authorizes the governing board of any school
district to enter
into agreements to make vacant classrooms or other space in
school buildings available for rent or lease to other
school districts, educational agencies (except private K-12
educational institutions), governmental units, nonprofit
organizations, community agencies, professional agencies,
commercial and noncommercial firms, corporations,
partnerships, businesses, and individuals, including during
normal school hours if the school is in session. The
amount of classroom space leased in any schoolsite during
normal school hours is limited to 45 percent of the total
classroom space of that school and no more than 30 percent
of the district's total classroom space in operating
schools unless the lease is for a day care center, nursery
school, or special education class. Current law limits the
term of such a rent or lease to no more than five years.
Current law also authorizes any school district to enter
into leases and agreements relating to real property and
buildings to be used jointly by the district and any
private person, firm, or corporation. The district must
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own the site upon which the building to be used is to be
constructed and must comply with the provisions of law
relating to the selection and approval of sites. The
district may let any real property it owns during the term
of such an agreement. Title to the portion of the building
occupied by the private person, firm, or corporation must
remain the personal property of the private party during
the term of the lease, but title to the portion of the
building to be occupied by the districts must vest in the
district. Current law limits the term of such a lease or
agreement to no more than 66 years. The proposal must be
submitted to and approved by the State Board of Education.
ANALYSIS
This bill :
1) Authorizes the Emery Unified School District, upon a
two-thirds vote, to enter into a joint-use,
joint-ownership agreement with a governmental agency
whereby a new school and community services facility
is constructed on land owned by the school district.
2) Specifies that the agreement entered into by the
district:
a) Require that the District retain
full ownership of the land upon which facilities
are constructed.
b) Demonstrate the need for joint
ownership of the facilities.
c) Require compatibility between
joint ownership and the educational purposes of
the facilities.
d) Set parameters for the degree and
nature of the joint ownership including a plan to
ensure pupil safety.
e) Require the school district to
retain, at minimum, an amount equivalent to any
state bond funds received by the district if the
property is sold.
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3) Exempts any facilities constructed under this
authority from space and use limitations during normal
school hours that are applicable to joint use
facilities under current law.
4) Declares that the Emery Unified School District is
distinguished from other districts by the high degree
of integration between the community and educational
services of the joint-use facilities to be constructed
and that a general law cannot be made applicable in
its case.
STAFF COMMENTS
1) Why ? The author states that this bill is necessary
because current law is based on a traditional joint
use model, and doesn't allow for stronger
co-partnership/ownership and multifaceted use of
facilities. According to the author, the City of
Emeryville, the Emery Unified School District
(District), and the Emeryville Chamber of Commerce
have been in partnership developing the Emeryville
Center of Community Life (Center) for the past six
years. The Center is envisioned as a joint-use
facility providing educational and community oriented
services to students and community members throughout
the entire day. Services, programs and facilities are
expected to include a 7th through 12th grade middle
and high school, an elementary school campus, a
district administration building, a health, wellness
and social service center, an art workshop and
performance space, parenting center, and indoor and
outdoor recreation facilities for both students and
community members, as well as teen afterschool
programs to promote public safety. According to the
author, the Center envisioned will need a facility
that allows for the flexibility to integrate school,
city, and agency uses, as City and District facilities
will be integrated through the physical structure of
the Center, with no clear delineation in the building
plans between school property and city property.
2) Funding . It is the desire of the City and the School
District that the Center be jointly owned to both
leverage city and federal redevelopment funds for the
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construction of the facility. According to the
co-sponsor, the City of Emeryville, the majority of
the funds (60 percent) for construction of the
facilities will come from local redevelopment agency
funds, local education bond and/or city bond bonds.
The District also expects to apply for funds under the
School Facility Joint Use Program.
3) School Facility Program Joint-Use . Under the School
Facility Program (SFP), a school district may receive
a grant to fund a joint-use project if the district
complies with specified requirements. Proposition 47
(2002) and Proposition 55 (2004) each provided $50
million for joint use projects. In addition,
Proposition 1D (2006) provided $29 million for
joint-use projects.
Title to all property acquired, constructed or
improved with funds made available under the SFP must
be held by the school district to which the board
grants the funds (Education Code 17070.70). Although
the Emery District contends that it meets the
requirements for and intends to apply for joint use
funds under the School Facility Program for this
project, it is unclear whether the joint ownership for
the facility for which the District intends to apply
for funding will meet title requirements and be
eligible for SFP joint-use funding.
4) Why only Emery ? As noted in staff comment #3, it is
unclear whether a facility that is jointly owned by a
school district and a city may be constructed with
state bond funds from the SFP Joint Use Program.
However, this bill grants the authority to jointly own
such a facility to the Emery Unified School District
exclusively. Would/should other districts benefit
from this type of authority? Would granting the Emery
Unified School District such an authority give the
District an advantage over other districts competing
for limited joint-use funds?
SUPPORT
None received on this version.
OPPOSITION
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None received on this version.