Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction at the campuses they operate.
Existing law authorizes the governing board of a community college district to let to any private person, firm, or corporation, any real property that belongs to the community college district if the instrument by which the property is let requires the lessee to construct on the demised premises, or provide for the construction on the real property of, a building or buildings for the joint use of the community college district and the private person, firm, or corporation during the
term of the lease or agreement if certain conditions are met, including that no rental fee or other charge for the use of the building or buildings is paid by the community college district. Existing law defines “public works,” for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds.
This bill would authorize the community college district to agree to a rental fee or other charge for that use if the constructed building or buildings are developed and operated as affordable housing for students or employees of the community college district, or for both those students and employees.
The bill would deem the construction, alteration, demolition, installation, repair, and maintenance work performed to carry out a lease or agreement entered into or renewed after January 1, 2022, pursuant to the above provisions to be public works. The bill would require a lease or agreement entered into or renewed after January 1, 2022, pursuant to the above provisions and parties to those leases and agreements to comply with certain labor-related requirements, including, among others, the use of a skilled and trained workforce, as defined, for the completion of construction work, and would make violations of certain of those requirements subject to civil penalties to be assessed by the Labor Commissioner and paid into the State Public Works Enforcement Fund, as provided.
Existing law authorizes a community college district to enter into a lease or agreement with a city, county, or city and county for the joint occupancy, or a
private educational institution for its sole occupancy, of the real property and buildings of the community college district, as provided. Existing law limits the duration of those leases or agreements to a term not to exceed 5 years, as specified.
This bill would authorize a community college district to additionally enter into a lease or agreement with a private person, firm, or corporation for joint occupancy of the real property and buildings of the community college district, if the real property and buildings are intended for affordable housing for students or employees of the community college district, or for both those students and employees. Notwithstanding the 5-year limitation, the bill would authorize a lease or agreement for joint occupancy of real property and buildings of the community college district that are intended for affordable housing for students or employees of the community college district, or for both those students and employees, for a
term that does not exceed 66 years.
Existing law prohibits the governing board of a community college district from leasing real property for less than fair rental value, as defined, to any entity unless the entity meets certain conditions.
This bill would authorize the governing board of a community college district to additionally lease real property for less than fair rental value to an entity if that entity intends to enter into a lease or agreement with the community college district for joint occupancy of the real property and buildings of the community college district to develop and operate affordable housing for students or employees of the community college district, or for both those students and employees.