BILL ANALYSIS
AB 1080
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1080 (Skinner)
As Amended July 9, 2009
Majority vote
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|ASSEMBLY: |75-2 |(May 21, 2009) |SENATE: |39-0 |(August 24, |
| | | | | |2009) |
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Original Committee Reference: ED .
SUMMARY : Adds a local governmental agency, defined by the
Government Code as a city, county, city and county, special
district, authority, or other political subdivision of or within
the state, to the list of entities with which a school district
may enter into leases and agreements for the joint occupancy of
real property and buildings.
The Senate amendments delete the Assembly version of the bill,
and instead insert the provision described above in the summary.
AS PASSED BY THE ASSEMBLY , this bill authorized the governing
board of the Emery Unified School District (EUSD) to, upon a
two-thirds vote, enter into a joint-use, joint ownership
agreement with a governmental agency to construct a new school
and community services facility on land owned by the school
district.
FISCAL EFFECT : According to the Legislative Counsel, this bill
is non-fiscal.
COMMENTS : According to the author, the City of Emeryville, the
EUSD, and the Emeryville Chamber of Commerce have been working
in partnership for six years on plans for the Emeryville Center
of Community Life (Center). The Center will be a joint-use
facility that provides educational and community oriented
services to students and community members throughout the entire
day, including the following:
1)A 7th through 12th grade middle and high school.
2)The Anna Yates Elementary School.
3)EUSD administration building.
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4)Health, wellness, and social service center for students and
community members.
5)Art workshop and performance space for students and community
members.
6)Parenting center for students and community members.
7)Indoor and outdoor recreation facilities for students and
community members.
8)Teen afterschool programs to promote public safety.
The author states, "The goal of the Center is to become a truly
integrated facility that shares space resources across programs
and agencies, breaking down unnecessary facility constraints and
serving as a model for urban community development. The
objectives of schools, city agencies, county agencies, and
non-profit organizations increasingly overlap through community
programming and constructing integrated, joint-use facilities is
the ideal way to recognize and expand the opportunities for
collaboration."
The author states that this bill is necessary because current
law does not authorize the district to enter into stronger
co-partnership/ownership and multifaceted use of facilities with
the City of Emeryville. The author explains that the Center has
a unique vision of facility and program integration. The
programs that will be offered at the Center require a facility
that allows for the flexibility to integrate school, city, and
agency uses, creating a one-stop center for the urban community.
The Assembly version of this bill would have authorized the
governing board of the EUSD to, upon a two-thirds vote, enter
into a joint-use, joint ownership agreement with a governmental
agency to construct a new school and community services facility
on land owned by the school district. The provisions of the
prior version of this bill were inserted into the joint use
provisions of law (Education Code 17527 et seq.) which
authorizes school districts to rent or lease vacant classrooms
or other space in school buildings to other school districts,
educational agencies, except private kindergarten through grade
12 educational institutions, governmental units, nonprofit
organizations, community agencies, professional agencies,
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commercial and noncommercial firms, corporations, partnerships,
businesses, and individuals, including during normal school
hours if the school is in session.
The amended version of the bill adds local governmental agencies
into existing joint occupancy provisions, which authorize school
districts 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 (Education Code 17515
et seq.). The joint occupancy provisions require the title to
the portion of the buildings to be used by the other entity to
remain the property of the other entity, limit the term of the
leases or agreements to no more than 66 years, and require
approval by the State Board of Education (SBE).
The current version of the bill still achieves one of the goals
sought by EUSD, which is to enable the City of Emeryville, which
will contribute local funds to the project, to hold title to the
facilities, but the bill is no longer specific to EUSD. This
bill authorizes any school district to enter into joint
occupancy leases and agreements with local governmental agencies
with the approval of the SBE.
EUSD is a small school district located in Emeryville in Alameda
County with an enrollment of 815 pupils. There is currently one
elementary school for grades kindergarten through grade 6 and
one secondary school for grades 7 through 12.
The site of the Center is the existing secondary school campus.
The master plan proposes to replace the existing building with
several three-story buildings that will house kindergarten
through grade 6 in one building and 7 through grade 12 in
another building. Three other buildings will house the district
administrative offices, multipurpose room and the community
resource center. The Center will also include a performing
arts center and sports/recreation fields. According to the
co-sponsor of the bill, the City of Emeryville, the majority of
the funds (60%) for construction of the facilities will come
from local redevelopment agency funds, local education bond
and/or city bond funds. The district also intends to apply for
state education bond funds through the Joint Use Facilities or
New Construction programs. Existing law requires title to
property acquired, constructed, or improved with state bond
funds to be held by a school district. It is unclear whether
this bill will enable the district to garner state bond funds
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for a project that is co-owned by another entity.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0002145