The San Diego Model School Development Agency

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This enabling act, sponsored by Christine Kehoe, came into effect 
January 1, 2003:
 
California Government Code 6531.  
(a) The Legislature finds and declares all of the following:
 
   (1) It is in the best interests of communities located within the
City of San Diego for the local public agencies that have
jurisdiction within the city to form a joint powers agency to provide
for the orderly and coordinated acquisition, construction, and
development of model school projects.  These projects may include the
acquisition of land by negotiation or eminent domain, the
construction of schools, the construction of recreational facilities
or park sites or both, and the construction of replacement and other
housing, including market rate, moderate-income, and low-income
housing.
   (2) The coordinated construction of these projects by
redevelopment agencies, school districts, housing authorities,
housing commissions, and the city is of great public benefit and will
save public money and time in supplying much needed replacement
housing lost when schools are constructed within existing
communities.
   (3) Legislation is needed to allow redevelopment agencies, school
districts, housing authorities, housing commissions, and the city to
use their powers to the greatest extent possible to expedite,
coordinate, and streamline the construction and eventual operation of
such projects.
   (b) (1) Notwithstanding any other provision of law, the
Redevelopment Agency of the City of San Diego, the Housing Authority
of the City of San Diego, the San Diego Housing Commission, the San
Diego Unified School District, and the City of San Diego may enter
into a joint powers agreement to create and operate a joint powers
agency for the development and construction of a model school project
located within the City Heights Project Area.  The agency created
pursuant to this section shall be known as the San Diego Model School
Development Agency.  The San Diego Model School Development Agency
shall have all the powers of a redevelopment agency pursuant to Part
1 (commencing with Section 33000) of Division 24 of the Health and
Safety Code, all of the powers of a housing authority pursuant to
Part 2 (commencing with Section 34200) of Division 24 of the Health
and Safety Code, and all of the powers of the San Diego Unified
School District, as well as all the powers of a joint powers agency
granted pursuant to this chapter, to acquire property and to
construct and improve and finance one or more schools, housing
projects, parks, recreational facilities, and any other facilities
reasonably necessary for their proper operation.  Further, the San
Diego Model School Development Agency shall have all of the powers of
the City of San Diego pursuant to its charter and state law to
acquire property and to finance and operate parks and recreational
facilities and any other facilities reasonably necessary for their
proper operation.
   (2) Notwithstanding paragraph (1), neither the San Diego Model
School Development Agency nor the Redevelopment Agency of the City of
San Diego shall expend any property tax increment revenues to
acquire property, and to construct, improve, and finance a school
within the City Heights Project Area.
   (3) Nothing in this section shall relieve the San Diego Model
School Development Agency or the Redevelopment Agency of the City of
San Diego from its obligations to increase, improve, and preserve the
community's supply of low- and moderate-income housing, including,
but not limited to, the obligation to provide relocation assistance,
the obligation to provide replacement housing, the obligation to meet
housing production quotas, and the obligation to set aside property
tax increment funds for those purposes.
   (4) The San Diego Model School Development Agency shall perform
any construction activities in accordance with the applicable
provisions of the Public Contract Code, the Education Code, and the
Labor Code that apply, respectively, to the redevelopment agency,
housing authority, housing commission, school district, or city
creating the San Diego Model School Development Agency.  Funding
pursuant to Proposition MM, a local San Diego County bond measure
enacted by the voters for the purpose of school construction, shall
be used only for the design, development, construction, and financing
of school-related facilities and improvements, including schools, as
authorized and to the extent authorized under Proposition MM.
   (c) Any member of the joint powers agency, including the school
district, may, to the extent permitted by law, transfer and
contribute funds to the agency, including bond funds, to be deposited
into and to be held in a facility fund to be expended for purposes
of the acquisition of property for, and the development and
construction of, any school, housing project, or other facility
described in this section.
   (d) Nothing contained in this section shall preclude the joint
powers agency from distributing funds, upon completion of
construction, the school, housing project, park, recreational
facility, or other facility to a member of the agency to operate the
school, housing project, park, or other facility that the member is
otherwise authorized to operate.  These distribution provisions shall
be set forth in the joint powers agreement, if applicable.
   (e) The San Diego Model School Development Agency may construct a
school in the City Heights Project Area pursuant to Chapter 2.5
(commencing with Section 17250.10) of Part 10.5 of the Education
Code.
   (f) The San Diego Model School Development Agency shall establish
and enforce, with respect to construction contracts awarded by the
joint powers agency, a labor compliance program containing the
requirements outlined in Section 1771.5 of the Labor Code or shall
contract with a third party to operate a labor compliance program
containing those requirements.  This requirement shall not apply to
projects that are subject to a collective bargaining agreement that
binds all of the contractors and subcontractors performing work on
the project, but nothing shall prevent the joint powers agency from
operating a labor compliance program with respect to those projects.
 
   (g) Construction workers employed as apprentices by contractors
and subcontractors on contracts awarded by the San Diego Model School
Development Agency shall be enrolled in a registered apprenticeship
program, approved by the California Apprenticeship Council, that has
graduated apprentices in the same craft in each of the preceding five
years.  This graduation requirement shall be applicable for any
craft that was first deemed by the Department of Labor and the
Department of Industrial Relations to be an apprenticeable craft
prior to January 1, 1998.  A contractor or subcontractor need not
submit contract award information to an apprenticeship program that
does not meet the graduation requirements of this subdivision.  If no
apprenticeship program meets the graduation requirements of this
subdivision for a particular craft, the graduation requirements shall
not apply for that craft.
     
           

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