On October 24, 2017, the Board of Education of the Alameda Unified School District ("District") approved the formation of a District Advisory Committee ("Committee") and authorized the District to convene such a committee to fulfill the requirements of California Education Code sections 17387-17391.
Eleven members were selected that represented a cross section of the community and met the requirements stated in California Education Code sections 17387-17391. In accordance with the California Education Code, the Committee was charged with the following duties:
a. Review pertinent information to determine the locations, size, condition and current use of real property owned by the district. Review master facilities plan if one exists.
b. Establish a priority list of possible uses for the district's real property that will be acceptable to the community and develop recommendations about the property.
c. Circulate throughout the attendance area the priority list of property use and provide for a public hearing for community input to the Committee regarding the acceptable uses for district property.
d. Forward a report to the District Board of Trustees recommending uses of surplus property.
The committee met on June 19, 2019 and August 14, 2019 to discuss the Emma Hood Swim Complex at Alameda High School. CBO Shariq Khan gave the committee a detailed presentation on current facility issues at the Emma Hood Swim Complex located at Alameda High School. The pool is approximately 60 years old and has a history of safety and code violations from the Alameda Health Department. In early 2019, Alameda Environmental Health issued a Notice of Health Concerns. They communicated that the pool would have to be closed unless short-term fixes were made and a long-term replacement plan was submitted.
In response, the Board of Education and the City Council created an ad-hoc committee to discuss various issues and report to both agencies. The consensus from these committee meetings is to build a new facility. The committee narrowed down potential location options to the current Emma Hood location and Thompson Field as a second choice.
City representatives have shared that the project would be funded by the City. Sites identified as potential locations are owned by the District and would require an agreement between the City and the District. The law provides an exemption to the general restrictions on public land use so school districts may sell or lease "recreational real property" to another government entity. The Legislature recognizes – as is the case here – that such property can fall into such disrepair as to be unusable, and other government entities may have an interest in maintaining the property for the benefit of the surrounding community. The District believes the pool facility plainly qualifies as recreational and could be sold or leased under this statute, since it is a space by which the community may enjoy swimming and other leisurely activities.
During the Committee meetings, enrollment information and current and possible future uses of property were discussed, reviewed and evaluated. Based upon the information presented to the Committee, the following findings and recommendations are presented to the Board of Education.
Committee's Findings:
1. The Alameda Unified School District has and will have for the near future, sufficient and suitable classroom space and real property within the District.
2. The Committee found that the Emma Hood Pool Facility located at 2201 Encinal Avenue, Alameda California 94501 ("Pool Facility") cannot be used for student purposes without making cost-prohibitive upgrades to the facility. The Committee found that there are no immediate alternative school district needs for the Pool Facility.
3. The Committee found that the condition of the Pool Facility is generally poor due to its age and overall design. In 2010, the Alameda Health Department ("AHD") issued a Notice of Closure due to public safety and code violation concerns. Absent immediate plans to modernize the facility, the AHD will not permit the facility for its intended purpose.
4. The Committee further found that several aspects of the current pool layout and design do not meet regulation specifications for various aquatic activities, including competitive swimming, water polo and diving. Therefore, a substantial redesign of the facility is needed.
5. Based on the Committee’s review of this information, and after studying all of the real property owned by the District, the Committee came to the conclusion and recommendations set forth below.
Committee's Recommendations:
1. The Emma Hood Pool Facility located at 2201 Encinal Avenue, Alameda California 94501 should be considered surplus to the educational needs of the District. (See Exhibit B – Boundaries of Surplus Property.)
2. The Committee recommends the Pool Facility be leased to another entity willing to develop a new aquatic facility in its place which complies with all applicable codes and regulations. Prior to the lease of the site, the District should create a suitable plan to ensure students continue to have access to and use of any aquatic facility developed on the site.
Staff is recommending the Board adopt the recommendations of the District Advisory Committee and declare the Emma Hood Pool Facility surplus property. Staff also asks the Board to determine whether the Emma Hood Pool Facility qualifies as an outdoor recreational real property and finally direct staff on what to do with the property.