HomeMy WebLinkAbout1980-03-18; City Council; Resolution 6115,
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RESOLUTION NO. 6115
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING
THE REFUND OF EXCESS SAN DIEGUITO UNION
HIGH SCHOOL DISTRICT SCHOOL FEES.
WHEREAS, pursuant to the provisions of Government Code
Sections #65970, the City Council has adopted Chapter 21.55
of the Carlsbad Municipal Code to provide for the dedication
of land and the payment of fees for interim school facilities,
and
WHEREAS, the City Council at its November 28, 1979 ad-
journedregular meeting adopted a revised school fee collection
schedule for the school districts, and
WHEREAS, the impact of this November 28, 1979 revision to
the school fee collection schedule resulted in a lower school
fee collection schedule for the San Dieguito Union High School
District, and
WHEREAS, the lower fee schedule adopted on November 28,
1979 for the San Dieguito Union High School District was
determined to be retroactive to July 24, 1979, and
WHEREAS, all fees collected for the San Dieguito Union
High School District on or after July 24, 1979 are subject
to a refund of that portion of the fees paid to the City
in excess of the revised rate schedule.
NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad
as follows:
1. The City Council of the City of Carlsbad does hereby
determine that excess San Dieguito Union High School District
school fees amounting to $18,391 have been collected and are
~~
e.
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detailed on attachment A.
2. The Finance Director is hereby directed to proceed
with the refund of excess San Dieguito school fees as indicated
in attachment A.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
City Council on the 18th day of March, 1980, by the following
vote, to wit:
AYES:
NOES: None
Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman
Cas1 er
dA/<b&:
RONALD C. PACKARD, MAYOR
ATTEST:
(SEAL)
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DATE :
TO :
FROM:
SUBJECT :
Pursuant
NOVEMBER 13,
CITY E'IANAGER
Assistant to
SCHOOL FEES
1979
to- the provisions of Government Code Sections 65970, the City Council has-adopted Chapter 21.55 of Carlsbad Municipal Code to provide for the dedication of land and the payment of fees for
interim school facilities. The 1979 session of the State Legis- lature amended the provisions of the law which allow the City to collect school fees. Those amendments were contained as part of
A3-8. In response to that legislation, the Carlsbad City Council amended Chapter 21.55 to bring it in conformance with the new
state law. The most significant effect of the legislation is to limit the amount of fees which we can collect to the asnount neces- sary to pay five annual lease payments for interim facilities which are now defined as temporary classrooms, not constructed with
permanent foundations, Because of this limitation, it was necessary for school districts to recommend new stanzzrds for the amount of
fees to be collected within their attendance areas lying within the City of Carlsbad.
San Marcos Unified School District, San Diequito Unioil High School
District, and Enchitas Union School District have all responded
with fee recommendations, In addition, the Encinitas, San Diequito
and San Marcos School Districts have all certified that their
attendance areas will continue to be overcrowded, along with infor-
mation concerning use of fees and are in compliance with the reporting requirements of Chapter 21.55,
Carlsbad Unified School District has not declared a condition of
overcrowding, and therefore, fees will not be established pursuant
to Chapter 21-55 for that district. The Vista Unified School District has declared overcrowding. Vista's resolution of over- crowding and fee recommendation will come before the Council at its next meeting as a separate item.
AB-8 was an urgency measure which was signed into law on July 24, 1979 and became immediately effective. not exceed five annual lease payments, became operative on that date.
The City, therefore, has retained all school fees collected after that date in trust, until new fees are established. are established, the difference between the amount collected and
the new fee will be refunded to developers, and the balance of the
trust funds will be available for release to the school districts.
The limitation that school fees
After new fees
a
City Manager
P
-,ser 20, 1979
,no01 Fees
Chapter 21-55 does not specify a procedure for release of funds but mentions that such funds will be released from time to time,
as the City Council may determine. Section 21.55.250 of the Code provides that if two separate school districts operate schools, and in an attendance area where the City Council has concured
that overcrowding conditions exist for both school districts, the
City Council will enter into an agreement with the governing body of each school district for the purpose of determining the distri-
bution of.revenues from the fees levied pursuant to Chapter 21.55,
A significant amount of funds is beginning to be accumulated in
trust for the benefit of school districts, and the school districts are now seeking release of those funds. The staff would recommend
that the funds be released to the district on a calendar quarter basis, and if the Council concurs, an agreement memorializing that understanding between the districts and the Council will be prepared.
The fee recommendations and a comparison with last year's adopted fees are listed below. Although the amount of fee recommended by each district varies, a logical rationale is advanced by each
relating the amount of fee to the needs of the district and to the limits imposed by AB-8.
SCHOOL FEES FOR NEW DEVELOPMENTS
.. . Fee Adopted New Fee last year Recommended By Council By Districts San Dieguito Unified High School District
Single or multiple family, 3 or more
bedrooms or equivalent rooms $2,145 $1,481
Single or mult. family, 2 bedrooms or
equivalent rooms. $ 931 ~ $ 640
Multi-family homes, 1 bedroom or
equivalent rooms. $ 347 $ 240
Encinitas Union School District
Fer bedroom or like room. $ 400 $ 4QO
San Narcos Unified School District
Single family dwelling unit, per bedroom to a maximum of
$1,188 per dwelling unit. $ 396 $ 396
Attached dwelling units each
bedroom, 216 $ 216
It is recommended that the Council adopt the fees recommended by the school districts.
qfv!
FRANK fi. MANNEN
Assistant .to the Manager