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2010-09-25 Special Meeting Packetf Via' n r �t ties• r� P 1 Al CITY OF ALAMEDA •CALIFORNIA SATURDAY SEPTEMBER 25, 2010 9 :00 A.M. SPECIAL MEETING OF THE CITY COUNCIL Location: 2200 central Avenue, 3rd Floor conference Room Public Participation Anyone wishing to address the council on agenda items or business introduced by the council may speak for a maximum of 3 minutes per agenda item when the subject is before the council. Please file a speaker's slip with the city clerk if you wish to speak. 1 ROLL CALL City Council 2. AGENDA ITEMS 2 -A. Recommendation to Support Alameda Unified School District Special Legislation. 2 -B. Policy Discussion on Joint Use Agreement, including Capital Improvement to Alameda Unified School District (AUSD) High School Fields. RECOMMENDATION: Direct staff to finalize a joint use agreement between City of Alameda and AUSD with respect to joint use of Encinal and /or Thompson athletic fields, including an evaluation and recommendation for installation of artificial turf (all- weather /multi- purpose) fields at these sites. 2 -C. Evaluation of City Assistance to AUSD in Order to Offset Some or All of the Costs in Operating the Toddler and Before /After School Program, Presently Operated by AUSD. RECOMMENDATION: Direct staff to analyze any potential funding and/or operational solutions that the City can offer in order to continue service delivery of one or both of these programs. 3. ADJOURNMENT —City Council Beverly Jo so ay Materials related to an item on the agenda are available for public inspection in the City clerk's Office, City Hall, Room 380, during normal business hours Sign language interpreters will be available on request. Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter Equipment for the hearing impaired is available for public use. For assistance, please contactthe City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting Accessible seating for persons with disabilities, including those using wheelchairs, is available Minutes of the meeting available in enlarged print Audio Tapes of the meeting are available upon request Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting CITE' OF ALAMEDA Memorandum To: Honorable Mayor and Members of the city council Honorable chair and Members of the Community Improvement Commission From: Ann Marie Gallant Interim city Manager Date: September 25, 2010 Re: Alameda Unified School District Special Legislation BACKGROUND In 1991, Section 33401 of the Health and Safety code provided that pursuant to an agreement between a redevelopment agency and an affected taxing agency, the redevelopment agency could make payments to any affected taxing agency to. alleviate any financial burden or detriment caused by a redevelopment project area Existing air 9 no longer provides for these payments or agreement previously authorized under this Section. Sections 33334.2 and 33334.3 of the Health and Safety code provide that net less than 20% of all taxes that are allocated to the agency .pursuant to. Section 33670 shall be deposited into a Low and Moderate Income Housing Fund and used for the purpose of increasing, improving and preserving the community's supply of low -and moderate- income housing. In 1991, the city of Alameda's redevelopment agency and.the.Alameda Unified School District entered into an agreement pursuant to Section 33401, w.hereb .the agency y g y agreed to pay the district a portion of the taxes it received pursuant to Section 33070, in order to alleviate the financial burden and detriment. caused by adoption of the Community Improvement Plan for the Business and Waterfront: Improver ent Project. One of the provisions of the agreement requires the agency .to deposit a :portion of. its Lour and Moderate Income Housing Fund monies in a special fund for use b y the district in increasing and improving the supply of low- and moderate income housing. The Legislature has found and declared in Section 33680(a) of the Health and Safety Code that the effectuation of the primary purposes of the Community Redevelopment Law, including the provision and maintenance of love- and moderate income housing, is dependent upon the existence of an adequate and financially solvent school system. Agenda Item #2 -A 09-25-10 Special Meeting Honorable Mayor and September 25, 2010 Members of the city Council Page 2 of 4 Honorable chair and Member of the Community Improvement Commission DISCUSSION Due to the serious economic condition of the Alameda Unified School District, as a result of the combined. loss of federal funding due to closure of the Alameda Naval Air Station, and significant reductions in state funding, the bill language recommended herein would declare that the agency and district agreement, entered into pursuant to former Section 33401, may be amended to provide that the Low and Moderate Income Housing Fund monies deposited in this special fund for use by the district, for increasing and improving the supply of low- and moderate income housing in accordance with the agreement, may be reallocated for use by the district for any. General. Fund purpose, including payment of operational expenses, subject to certain conditions. It further states that notwithstanding any other provision of law, such reallocated funds shall be deemed to have been expended by the agency pursuant to. Section .33334.2 and, therefore, the agency shall not be obligated to reimburse the Low and Moderate Income Housing Fund for such amounts. The California constitution provides that a local or special statute is invalid in any case where a general statute can be made applicable. This .bill would declare that, due to the unique circumstances within the city of Alameda relating to the combined. loss. of federal school funding due to the closure of the Alameda Naval Air Station to with the reductions in school state funding, the bill is intended to remedy a.general statute within the meaning of specified provisions of the California constitution which cannot be made applicable, and therefore a special statute is necessary. The proposed bill language staff is recommending follows: The people of the State of California do enact as follows: SECTION I. Section 33693 of the Health and Safety Code is hereby added to read: "33693. (a) The Legislature finds and declares all of the following: (1) It is the intent of the Legislature with the enactment of this section to provide a means for mitigating the serious economic conditions of the Alameda Unified School District due to the combined loss of federal funding due to closure of the Alameda Naval Station together with the reductions in state funding to the District. (2) Pursuant to the authority render Health and Safety Code Section 33401, as it existed in 1991, the city of Alameda's redevelopment agency entered into an agreement with the Alameda unified School District to alleviate the financial burden and detriment caused by adoption of the M- Honorable Mayor and Members of the city council Honorable chair and Member of the Community Improvement commission RECOMMENDATI September 25, 2010 Page 4of4 Approve DRAFT language and request the Mayor to join with the Alameda Unified school District President to meet with local State Legislators to incorporate this language as a rider to a bill by January 30, 2011. Respectfully submitted, Ann Mari allant Interim Ci Manager =WLA �7 GACouncil Reports 20 o1CMO \Special Legislation RE AUSD.doc