HomeMy WebLinkAbout1978-04-04; City Council; 5401; SB201-NEM School Fee Law- > CITY OF CARLSBAD
X
AGENDA BILL NO. ^5*V/)/ Initial;— ' ~ ~ Dept.Hd,
DATE: April 4, 1978 c Atty
DEPARTMENT: City Attorney c- Mgr.
Subject: SB 201 - NEW SCHOOL FEE IAW
Statement of the Matter
The 1977 session of the State Legislature has adopted SB 201,
an important new law regarding school fees (Chapter 955,
Statutes of 1977). This new law will have important ramifications
on the City and our School Districts. A memorandum to the Council
discussing the matter in detail is attached. The San Diequito,
Encinitas and San Marcos School Districts have adopted resolutions
of overcrowding. . The resolutions are.attached. SB 201 requires
the Council to review the School Districts' actions and to
determine whether or not you concur. Once the City Council
determines that they concur, the law prohibits the approval of
residential development within the School Districts'; areas unless
the Council either adopts a school fee ordinance, in accordance
with the new law, or makes specific findings of overriding con-
siderations.
Exhibits
Memorandum from City Attorney to City Council, dated March 27,
1978.
Encinitas Union School District Resolution adopted January 24, 1978.
San Diequito Union High School District Resolution adopted
February 9, 1978.
San Marcos Unified School District Resolution adopted January 3, 1978.
Recommendation
If the City Council concurs in the School Districts' findings of
overcrowding pursuant to SB 201, you should direct the City Attorney
to prepare appropriate resolutions. When those resolutions are
returned to the City Council, additional reports will be made
indicating the further steps that must be taken to iirplement SB 201.
Council action
4-4-78 The Council concurred with the resolutions adopted by the school
districts and the City Attorney was directed to prepare the
appropriate documents.
MEMORANDUM
DATE: March 27, 1978
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: SB 201 — New School Fee Law
On September 21, 1977 the Legislature adopted SB 201 as
Chapter 955 of the Statutes of 1977. The bill adds a
chapter to the State Planning Act to provide a new
procedure for requiring the dedication of land or the payment
of fees as a condition of approving residential development.
Before discussing the new law in detail, I would like to
give some background on the City's existing arrangement for
assisting the schools in meeting the service demands of new
development.
Early in 1973 the City Council became concerned with the
impacts new residential development was having on the City's
School Districts. The Council directed the City Attorney to
look into ways in which the Council could assist the
Districts. With the assistance of the City Manager, meetings
were held with the Superintendents of the five Districts in
our area, as well as with representatives of developer
interests. My review of the matter indicated that there was
no legislative authority for the City's imposition of exactions
on developers for school purposes. Nevertheless, I advised
that the Council might consider utilization of a Council policy
that would condition rezonings on the adaquacy of school
facilities. A similar policy, known as 600-10, was being
successfully utilized by the City of San Diego. The City
Council determined that they wished to go further and do
everything possible to aid the School Districts, including
the regulations of subdivisions. After further review we
recommended the use of a public facilities element to the
general plan. Further meetings were held with the School
District and the County Counsel. An agreement was devised
for use between developers and the School Districts and a
Mayor and City Council -2- March 27, 1978
form for a school letter was agreed to whereby the Districts
would inform the Council that the developer had made arrange-
ments to contribute to the school needs. The Council would
then accept that letter as the evidence in satisfaction of the
requirements of the public facilities element.
At the time the public facilities element was adopted there
was considerable doubt as to whether or not the City had the
legal authority to enforce it. The City of San Diego, in
late 1973, lost a suit by a developer in Mira Mesa challenging
that City's application of its policy to a subdivision.
Nevertheless, in Carlsbad, all parties appeared to recognize
the need to compromise. The School District set a school fee
that was within reasonable limits, the developers accepted
their share of responsibility and the Council vigorously
enforced the element. As a result, for approximately five
years, we have afforded substantial assistance to our School
Districts without significant difficulties. We did have one
legal challenge early in the evolution of our element but it
was resolved by way of negotiated settlement. Since that time
there have been changes in the Subdivision Map Act. It is
now my opinion that our public facilities element has a firm
legal foundation.
SB 201 enacts into law a procedure for requiring developers
to dedicate lands or to pay fees in connection with residential
development. It differs in a number of respects from our
current system. A copy of SB 201 is attached. It should be
read at this point. Also attached is a memorandum from the
County Counsel, dated October 25, 1977, which reviews the
provisions of the bill. It should also be read at this point.
The balance of this discussion will assume that you have the
contents of the bill and the memorandum in mind.
Prior to January 1, 1978, the effective date of the legislation,
the City Attorneys Department of the League of California
Cities took steps to assist California cities in implementing
the new legislation. In that regard an Advisory Committee
was formed and charged with the preparation of a uniform
ordinance. As the President of the San Diego-Imperial County
City Attorneys Association, I had some considerable discussions
with that Committee, as well as with one of its members from
the San Diego County Counsel's Staff. In reviewing the bill,
and then discussing it with the Committee, it was obvious that
Mayor and City Council -3- March 27, 1978
there were a number of unanswered questions such as:
1. What is an "interim" period?
2. What is an "attendance area"?
3. How do you distinguish "interim" from "permanent" or
"long-term" or "non-interim" facilities?
4. How do you "mitigate" school needs?
5. How are fees determined? Who determines them? Who
controls them? Audit?
6. On what are fees levied? Who levies them?
7. What, if any, is the preemptive effect of SB 201?
8. How does a school district interface?
9. What does "concurrence" by a city mean?
10. Does city have to concur?
11. Should credit be granted for school fees previously paid?
Is credit legally required?
12. Should indemnification be required of school districts?
13. How are findings requirements satisfied?
14. What constitutes an adequate record to support findings?
15. What is a "related" facility? Does it include buses?
16. Must public hearings be held? Should a hearing be held?
Format?
In additon to the questions there were a number of other reasons
why, in my opinion, the bill was not as desirable from the
City's or the School Districts' point of view as our existing
system. For instance, the bill limits the fees for use in
connection with temporary facilities. There is no such limitation
on the use of our school fees and the Council may recall that
the Carlsbad School District expended almost a quarter of a
million dollars in school fees for the construction of the Laguna
Mayor and City Council -4- March 27, 1978
Riviera School. The bill requires the City to set the amount
of the fee involving us in the developer-district equation.
Under our element we have not had to deal with those matters.
The bill would impose substantial new administrative burdens
on the City in terms of collection and accounting for the
fee. It also requires the School Districts to account in
detailed fashion to the City and otherwise involves the City
in matters which under our element are deemed to be the province
of the School Districts. Based on the above-described consid-
erations, it was my judgment that it would be wiser to continue
to enforce the public facilities element until the League
model ordinances were adopted and some of the open questions
could be answered.
The City Manager concurred with my recommendation. A letter
was addressed to all of the Districts in that regard. A copy
is attached. To date, the Carlsbad Unified School District
has accepted our recommendation and has continued to utilize
the school letter-public facilties element process. For
reasons that are not altogether clear to me, the Encinitas,
San Diequito and San Marcos Districts have elected to proceed
to invoke the provisions of SB 201.
The new law adds a chapter to the State Planning Act in the
Government Code (Chapter 4.7 of Division 1 of Title 7
Section 65970 et seq., all references hereinafter are to
the Government Code). Section 65971 contemplates that the
School District may make the findings of overcrowding. These
findings must be supported by clear and convincing evidence
and must reflect that the District has considered all reasonable
methods to mitigate the conditions and that they are not feasible,
If the District makes such findings they are required to notify
all Governmental Agencies exercising land use authority within
the District's boundaries. We are in receipt of three over-
crowding resolutions from the Districts indicated above. They
apparently cover all of each District's attendance areas within
our City. Under Section 65971 the City Council is now required
to consider those resolutions. The Council then must determine
whether or not they concur. If the City Council does not
concur, your action would be to return the resolutions to the
Districts with a request for additional information or such
other actions as the Council considers appropriate. If the
Council concurs, the restrictions of Section 65972 come into
play. Those restrictions prohibit the approval of residential
developments unless the City Council either adopts a school
fee ordinance or makes overriding findinds. My office has
Mayor and City Council -5- March 27, 1978
prepared an agenda bill to forward the three resolutions to
the Council for action as you consider appropriate.
Assuming the City Council concurs with the resoltuions, we are
faced, in effect, with a moratorium situation. The law leaves
the Council little choice and, in effect, requires you to
proceed to adopt a school fee ordinance. It was my hope that
we could delay that action until we had the benefit of the
League model. In the event that is not possible, it is my
recommendation that we wait until the Board of Supervisors
has acted. They have, at the present time, an ordinance
before them. Since all three of the Districts involved have
boundaries which overlap the City and County, there are some
benefits for all concerned in adopting a uniform approach.
If the Council determines not to wait, my office is prepared
to undertake the preparation of our own ordinance. There are
a number of questions which must be answered in the course of
preparation of such an ordinance, including the amount of the
fee and the method for its establishment. If the Council wishes
to proceed, we would appreciate the opportunity to discuss
the matter further in a workshop session.
In the interim, pending adoption of an ordinance, we must
determine the status of developments which have already made
arrangements with the Districts for the payment of fees
pursuant to our public facilities element, but which have not
as yet obtained Council approval of their projects. While the
agreement they have made with the Districts satisfies the
element, it does not satisfy the requirements of SB 201. We
have asked the Districts to forward us Board resolutions
indicating that their overcrowding resolutions do not apply
to specified developers who have made other arrangements. We
have not been successful in communicating that to the Districs.
We have received letters indicating that they will honor their
agreements which is inconsistent with their action in adopting
the resolutions.
My recommendation in dealing with this matter is to proceed
by way of the overriding consideration option in SB 201. The
County has been using this procedure as an interim device. The
rationale is that since the developer has voluntarily agreed
to pay fees to the District, and the District has indicated
their intention to honor the fee agreement, that constitutes
an adequate factual basis to support a finding that special
overriding circumstances exist.
Mayor and City Council -6- March 27, 1978
It is ray understanding that there will be several developments
before the Council in the near future which are in this
situation and the Council must determine how they wish to proceed.
If the Council is not prepared to make the overriding findings
based on the above analysis, you are precluded from approving
the development. In that case I suggest that the way to
proceed is to secure the consent of the developer to a contin-
uance until such time as the City Council is able to adopt the
required school fee ordinance.
VINCENT F. BIONDO, JR.
City Attorney
VFB/mla
Attachments
cc: City Manager
Semite Bill No. 201
CHAPTER 955
An act to add Chapter 4.7 (commencing with Section 65970) to
Division 1 of Title 7 of the Government Code, relating to land use.
(Approved by Governor September 21, 1977. Filed withSecretary of State September 21, 1977.]
LEGISLATIVE COUNSEL'S DIGEST
SB 201, Smith. School facilities: dedication of land and fees.
Under present law, a subdivider may be required to dedicate land
to the school district at the time of approval of the tentative subdivi-
sion map and the school district is required, if it accepts the dedica-
tion, to repay the subdivider for the costs thereof pursuant to a
specified formula.
This bill would authorize, in addition, a city or county, pursuant to
an ordinance adopted at least 30 days previously, to require a dedica-
tion of land or fees, or both, for elementary or high school classrooms
and related facilities, upon a finding that these facilities would be
consistent with the general plan, as a condition to the approval of a
residential development. Where a finding has been made by a school
district that conditions of overcrowding exist, the city council or
board of supervisors could not approve a proposed rezoning to, or
granting of a permit for residential use, or approval of a tentative
subdivision map unless such ordinance has been adopted or a finding
is made of specified overriding factors. It would require the school
district to account annually for such fees and the expenditure
thereof. ,
Only the payment of fees may be required for subdivisions con-
taining 50 parcels or less.
This bill would also provide that no appropriation is made and the
state shall not reimburse local agencies for costs incurred by them
pursuant to this bill.
The people of the State of California do enact as follows:
SECTION 1. Chapter 4.7 (commencing with Section 65970) is
added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 4.7. SCHOOL FACILITIES
65970. The Legislature finds and declares as follows:
(a) Adequate school facilities should be available for children
residing in new residential developments.
(b) Public and private residential developments may require the
expansion of existing public schools or the construction of new school
2201 30 65
Ch.955 '—2 —
facilities.
(c) In many areas of the state, the funds for the construction of
new classroom facilities are not available when new development
occurs, resulting in the overcrowding of existing schools.
(d) New housing developments frequently cause conditions of
overcrowding in existing school facilities which cannot be alleviated
under existing law within a reasonable period of time.
(e) That, for these reasons, new and improved methods of
financing for interim school facilities necessitated by new
development are needed in California.
65971. If the governing body of a school district which operates
an elementary or high school makes a finding supported by clear and
- convincing evidence that: (a) conditions of overcrowding exist in
one or more attendance areas within the district which will impair
the normal functioning of educational programs including the reason
for such conditions existing; and (b) that all reasonable methods of
mitigating conditions of overcrowding have been evaluated and no
feasible method for reducing such conditions exist, the governing
body of the school district shall notify the city council or board of
supervisors of the city or county within which the school district lies.
The notice of findings sent to the city or county shall specify the
mitigation measures considered by the school district. If the city
council or board of supervisors concurs in such findings the
provisions of Section 65972 shall be applicable to actions taken on
residential development by such council or board.
65972. Within the attendance area where it has been determined
pursuant to Section 65971 that conditions of overcrowding exist, the
city council or board of supervisors shall not approve an ordinance
rezoning property to a residential use, grant a' discretionary permit
for residential use, or approve a tentative subdivision map for
residential purposes, within such area, unless the city council or
board of supervisors makes one of the following findings:
(1) That an ordinance pursuant to Section 65974 has been adopted,
or
(2) That there are specific overriding fiscal, economic, social, or
environmental factors which in the judgment of the city council or
board of supervisors would benefit the city or county, thereby
justifying the approval of a residential development otherwise
subject to Section 65974.
65973. As used in this chapter:
(a) "Conditions of overcrowding" means that the total
enrollment of a school, including enrollment from proposed
development, exceeds the capacity of such school as determined by
the governing body of the district.
(b) "Reasonable methods for mitigating conditions of
overcrowding" shall include, but are not limited to, agreements
between a subdivider and the affected school district whereby .
temporary-use buildings will be leased to the school district or
2 201 50 70
• 3 —Ch.955
temporary-use buildings owned by the school district will be used.
(c) "Residential development" means a project containing
residential dwellings, including mobilehomes, of one or more units
or a subdivision of land for the purpose of constructing one or more
residential dwelling units.
65974. For the purpose of establishing an interim method of
providing classroonj facilities where overcrowding conditions exist as
determined necessary pursuant to Section 65971 and
notwithstanding Section 66478, a city, county, or city and county
may, by ordinance, require the dedication of land, the payment of
fees in lieu thereof, or a combination of both, for classroom and
related facilities for elementary or high schools as a condition to the
approval of a residential development, provided thai all of the
following occur:
(a) The general plan provides for the location of public schools.
(b) The ordinance has been in effect for a period of 30 days prior
to the implementation of the dedication or fee requirement.
"(c) The land or fees, or both, transferred to a school district shall
be used only for the purpose of providing interim elementary or high
school classroom and related facilities.
(d) The location and amount of land to be dedicated or the amount
of fees to be paid, or both, shall bear a reasonable relationship and
will be limited to the needs of the community for interim elementary
or high school facilities and shall be reasonably related and limited
to the need for schools caused by the development.
(e) A finding is made by the city council or board of supervisors
that the_ facilities to be constructed from such fees or the land to be
dedicated, or both, is consistent with the general plan.
The ordinance may specify the methods for mitigating the
conditions of overcrowding which the school district shall consider
when making the finding required by subdivision (b) of Section
65971.
If the payment of fees is required, such payment shall be made at
the time the building permit is issued.
Only the payment of fees may be required in subdivisions
containing fifty (50) parcels or less.
65976. Following the decision by the city or county to require the
dedication of land or the payment of fees, or both, the governing
body of the school district shall submit a schedule specifying how it
will use the land or fees, or both, to solve the conditions of
overcrowding. The schedule shall include the school sites to be used,
the classroom facilities to be made available, and the times when
such facilities will be available. In the event the governing body of
the school district cannot meet the schedule, it shall submit
modifications to the city council or board of supervisors and the
reasons for the modifications.
65977. Where two separate school districts operate schools in an
attendance area where overcrowding conditions exist for both school
2 201.71 75
Ch.955 __ — 4 —
districts, tho governing I. / of tli<: city or county shall ruler into ;in
agreement with the governing body of each school district for the
purpose of determining the distribution of revenues from the fees
levied pursuant to this chapter.
65978. Any school district receiving' funds pursuant to this
chapter shall maintain a separate account for any fees paid and shall
file a report with the city council or ho:ird of supervisors on the
balance in the account at the end of the previous fiscal year and the
facilities leased, purchased, or constructed during the previous fiscal
year. In addition, the report shall specify which attendance areas will
continue to be overcrowded when the fall term begins and where
conditions of overcrowding will no longer exist. Such report shall be
filed by August 1 of each year and shall be filed more frequently at
the request of the board of supervisors or city council.
If overcrowding conditions no longer exist, the city or county shall
cease levying any fee or requiring the dedication of any land
pursuant to this chapter.
SEC. 2. There are no state-mandated local costs in this act that
require reimbursement under Section 2231 of the Revenue and
Taxation Code because there are no new duties, obligations or
responsibilities imposed on local government by this act .
2.201 80 77
DATETO: Task Force on School District
OUNTY OF SAN : IEGO
INTER-DEPARTMENTAL CORRESPONDENCE
October 25 , 1977
>ol District *""' " ~~
Facility Planning
FROM: County Counsel
RE: Analysis of Senate Bill 201 .
(Chapter 955, 1977 Statutes) .
• -
Your Task Force has requested that County Counsel
review S.B. 201 which was enacted into law on September 21,
1977 as Chapter 955 of the 1977 Statutes. This legislation
will become effective on January 1, 1978. Its purpose is to
provide a means whereby qualifying school districts may
receive dedications of land and/or fees as a condition of
approval by local government agencies of tentative sub-
division maps, rezonings and special use permits for residential
developments. •
S.B. 201 will add Chapter 4.7 (commencing with § 65970)
to Division 1 of Title 7 of the Government Code. The
following is an analysis of the provisions. Section 65970
contains the findings and declarations of the Legislature:
" (a) Adequate school facilities should be
available for children residing in new residential
developments .
" (b) Public and private residential develop-
ments may require the expansion of existing
public schools or the construction of new school
facilities. •
11 (c) In many areas of the state, the funds
for the construction of new classroom facilities
are not available when new development occurs ,
resulting in the overcrowding of existing schools.
11 (d) New housing developments frequently
. cause conditions of overcrowding in existing
school facilities which cannot be alleviated
under existing law within a reasonable period of
time.
'Task Force ~ -2- ~ October 25, 1977 *--
11 (e) That, for these reasons, new and
improved methods of financing for interim school
facilities necessitated by new development are
needed in California."
Government Code Section 65971 imposes a responsibility
upon school districts to make certain findings. That
section provides:
"If the governing body of a school district
which operates an elementary or high school
makes a finding supported by clear and con-
vincing evidence that: (a) conditions of
overcrowd ing exist in one or more attendance
areas within the district which will impair the
normal functioning of educational programs
including the reason for such conditions existing;
and (b) that all reasonable methods of mitigating
conditions of overcrowding have been evaluated
and no feasible method for reducing such conditions
exist, the governing body of the school district
shall notify the city council or board of supervisors
of the city or county within which the school
district lies. The notice of findings sent to
the city or county shall specify the mitigation
measures considered by the school district. If
the cityfcouncil or board of supervisors concurs ..
in such findings the provisions of Section 65972
shall be applicable to actions taken on residential
development by such council or board." (Emphasis added.)
Critical to an understanding of this section are the following
definitions at Government Code Section 65973:
*" (a) 'Conditions of overcrowding* means
that the total enrollment of a school, including
enrollment from proposed development, exceeds
the capacity of such school as determined by the
governing body of the district.
"(b) 'Reasonable methods for mitigating
conditions of overcrowding* shall include, but
are not limited to, agreements between a subdivider
and the affected school district whereby temporary-
use buildings will be leased to the school
district or temporary-use buildings owned by the
school district will be used.
Task Force -3- October 25, 1977
"(c) 'Residential development1 means a
project containing residential dwellings,
including mobilehomes, of one or more units or a
subdivision of land for the purpose of constructing
one or more residential dv/elling units."
Restrictions are imposed upon the County Board of
Supervisors in action upon residential development proposals
when the school districts have made the findings required
under Section 65971. Government Code Section 65972 states:
"Within the attendance area where it has
been determined pursuant to Section 65.971 that
conditions of overcrowding exist, the city
council or board of supervisors shall not
approve an ordinance rezoning property to a
residential use, grant a discretionary permit
for residential use, or approve a tentative
subdivision map for residential purposes,
within such area, unless the city council or
board of supervisors makes one of the following
findings:
11 (1) That an ordinance pursuant to Section
65974 has been adopted, or
**•« £•;:• ' - • .-. •11 (2) That there are specific overriding
fiscal, economic, social, or environmental
factors which in the judgment of the city
council or board of supervisors would benefit
the city or county, thereby justifying the
approval of a residential development otherwise
subject to Section 65974."
Under this section then it is necessary either that the
Board of Supervisors make specific overriding findings prior
to approving such residential development or that an ordinance
be adopted pursuant to Government Code Section 65974, which
provides:
"For the purpose of establishing an
interim method of providing class,room facilities
where overcrowding conditions exist as determined
necessary pursuant to Section 65971 and not-
withstanding Section 66478, a city, county, or
city and county may, by ordinance, require the
dedication of land, the payment of fees in lieu
thereof, or a combination of bcSth, for class-
room and related facilities for elementary or
Task Force -4- October 25, 1977
high schools as a condition to the approval of
a residential development, provided that all of
the following occur:
n(a) The general plan provides for the
location of public schools. .
"(b) The ordinance has been in effect for
a period of 30 days prior to the implementation
of the dedication or fee requirement:
t
9
"(c) The land or fees, or both, transferred
to a school district shall be used only for the
purpose of providing interim elementary or high
school classroom and related facilities.
"(d) The location and amount of land to be
dedicated or the amount of fees to be paid, or
both, shall bear a reasonable relationship and
will be limited to the needs of the community
for interim elementary or high school facilities
and shall be reasonably related and limited to
the need for schools caused by the development.
11 (e) A finding is made by the city council
or board of supervisors that the facilities to -
be constructed from such fees or the land to be
dedicated, or both, is consistent with the
general plan.
"The ordinance may specify the methods for
mitigating the conditions of overcrowding which
the school district shall consider when making
the finding required by subdivision (b) of
Section 65971.
"If the payment of fees is required, such
payment shall be made at the time the building
permit is issued."
In the event that the County does not adopt such an ordinance,
it then under this legislation is limited either to denying
the proposal or making the overriding findings described in
Section 65972.
Government Code Section 65976 [there is no Section
65975] requires that the school district submit a schedule
specifying how it v/ill use the land or fees to solve the
Task Force -5- October 25, 1977
conditions of overcrowding in the event that dedication of
land or fees has been required. That section states:
"Following the decision by the city or
county to require the dedication of land or the
payment of fees, or both, the governing body of
the school district shall submit a schedule
specifying how it will use the land or fees, or
both, to solve the conditions of overcrowding.
The schedule shall include the school sites to
be used, the classroom facilities to be made
available, and the times when such facilities
will be available. In the event the governing
body of the school district cannot meet the
schedule, it shall submit modifications to the
city council or board of supervisors and the
reasons for the modifications."
Government Code Section 65977 provides for agreements
between the County and governing boards of separate school
districts which operate schools in an attendance area where
overcrowding exists for both districts. Government Code
Section 65978 requires school districts receiving funds to
maintain a separate account for the fees paid and to file a
report with the Board of Supervisors in the nature of an
accounting for each fiscal year. The district under this
section also is'required to specify which attendance areas
will continue to be overcrowded and which areas will no
longer experience such conditions. This report is to be
filed by August 1 of each year and is applicable to the next .
fall term. In the event that conditions of overcrowding no
longer exist, then the County is no longer authorized to
levy any fee or require a dedication of land under this
legislation.
Pursuant to your request, we are now in the process of
preparing a draft letter to school districts with juris-
diction in the unincorporated area of the County explaining
their role in this process. In addition, we are drafting a
form of ordinance to implement this legislation on the
County level. We anticipate submitting these for your
consideration in the immediate future. Our goal is to have
a final form of ordinance ready for presentation to the
Board of Supervisors on January 3, 1978.
DONALD L. CLARK, County Counsel
By
WILLIAMS. SCHWARTZ, ^TR., Deputy
WJS/cac
I ' Jt.
1200 ELM AVENUE B1 ^7 , 11 TELEPHONE:
CARLSBAD, CALIFORNIA 92008 IMS/tf/J (714)729-1181
0ffice of the City Manager
Cttp of Carlsftafc
December 9, 1977
Mr. Robert Crawford/ Superintendent
Carlsbad School District
801 Pine Avenue
Carlsbad, California 92008
As you know, the passage of Senate Bill 201 may have a signifi-
cant impact on certain aspects of capital school financing and,
particularly, on the need for the City and the School District
to work even more closely than in the past.
Although on the face of it, SB201 appears to be fairly simple,
many complexities are surfacing. Within San Diego County the
City Attorneys Association and the County Counsel have been
meeting on this matter and will continue to do so. Additionally,
a joint City-County-School District Committee, convened by the
League of California Cities, is developing a model ordinance. I
believe th?t in the long run we will all be best served if we
coordinate our approach to this problem. I think it would be
appropriate, after the attorneys do a little more work, to meet
together. However, it does not appear that we will be ready to
have this meeting until sometime early in the new year.
In the interim we will continue administering our Public Facili-
ties Element of the General Plan as we have in the past and will
require school letters before approving developments. We believe
you can still request and receive cooperation from developers in
the form of agreements to contribute to school construction, as
you have in the past.
I hope that the District will not attempt to implement SB201 by
passing resolutions declaring overcrowding in any of your
attendance districts within the City of Carlsbad until we can
meet and agree as to how we will proceed. Delaying implemen-
tation will not disadvantage the District because the existing
school letter procedure will generate as much support for schools
as SB201. In addition, it is unlikely there will be any new
f ' • • x
Mr. Robert Crawford -2- December 9, 1977
developments since Carlsbad presently has a building and
planning moratorium. The delay will insure we have the
benefit of the model ordinance, perhaps agreement by the
attorneys on a uniform ordinance for San Diego Cour.ty, and
a chance to agree among ourselves on the best way to
implement -SB201.
PAUL D. BUSSED
City Manager
PDB:vm
This same letter was also mailed to:
Mr. William Berrier, Superintendent
San D.ieguito Union .High School District
2157 Newcastle Avenue
Cardiff By the Sea, California 92007
Mr. Donald E. Linstrom, Superintendent
Encinitas Union Elementary School District
189 Union Street
Encinitas, California 92024
Dr. Ross Kellogg, Superintendent
San Marcos Unified School District
270 San Marcos Boulevard
San Marcos, California 92069
RESOLUTION RE CONDITIONS
A/3/7% « OF OVERCROWDING
€"
rpr>, ,. .
SCHOOL ATTENDANCE AREAS ''' '- '•••/8
CITY Or .
Planning ., ,,On motion of Member LEVIN _ , eeconded by Member '"
sp-nm.r.7 _ » the following resolution is adopted:
WHEREAS, for some time past there has been a continuing and
substantial increase in population within the boundaries of the
Encinltas Union School District to the extent
tKat the school facilities of this district have become over-
crowded; and
WHEREAS, a very significant proportion of the increase in
population in this district results from construction of resi-
dential units in new housing developments within the district?
and
WHEREAS, in the absence of assistance in the form of finan-
cial contributions or dedications of land from the developers
of ouch new residential developments this district would not "
have financial resources adequate to provide proper educational
facilities for all the children residing in this district; and
WHEREAS, Chapter 4.7 (commencing with Section 65970; added
by Stats. 1977, Chap. 955), Division 1,.Title 7 to the Government
Cocle making provision for financial or other assistance by
developers to school districts if the governing board of a
school district has made a finding that conditions of overcrowding
exist in one or more attendance areas of the district including
the specific data specified in Government Code Section 65971;
NOW THEREFORE
IT IS RESOLVED AND DETERMINED that, pursuant to Government
Code Section 65971, this governing board makes the following
findings:
(1) Conditions of overcrowding exist in the following
attendance areas of the Encinitas Union School
District which wil3, impair the' normal £unctioning"of educational
programs in those areas:
Capri School
Central School
Ocean Knoll School
Pacific View School
Park Dale Lane School
(2) Reasons for the conditions of overcrowding in the
ebove-mentioned attendance areas include the following:
1. An influx of -large single and multiple family dwellings
by large developers
2. Letters of availability issued to developers for 8800
homes. 3300 have been completed and approximately
5500 are in some process of completion. These homes
to be completed represent a potential 1740 students.
, - (3) All reasonable methods of mitigating conditions of
overcrowding have been evaluated and no feasible method for
reducing s\nc\ conditions exists. Mitigation measures considered
by the governing board of this district to reduce the overcrowded
conditions include the following:
1. Year-round school
2. Increased class size beyond Board policy (from 27-1 to 30-1)
» *
3. Passage of a lease/purchase bond
A% Portable classrooms
5, Double sessions
lie District expects overcrowded conditions will exist for five
years at present rate of growth.
(3)
(4) The conditions of overcrowding in this district and
the explosive population grov;th projected for this area car.only
be accommodated by new schools for the long-term; placement
of temporary use buildings/relocatable structures and busing
of students are stop-gap measures for the near-term only
and in and of themselves do not significantly reduce the
conditions of overcrowding. Support by developers in t*>e form
financial contributions or dedications of land is necessary in
order to try to keep abreast of population growth, ana even with
euch assistance, any significant reduction in the conditions
of overcrowding will be difficult until permanent additional
classroom buildings can be constructed.
BE IT FURTHER RESOLVED AND ORDERED that the Secretary
of this Board deliver certified copies of this resolution
to the city councils and/or Board of Supervisors of all cities
and County within whose boundaries the school district lies to-
gether with copies of this District's policy on the subject of
developers', subdividers1, and builders' contributions to miti-
gate impact,on school facilities to indicate tha type and
ccale of assistance considered appropriate to meet the needs
of this district.
PASSED AND ADOPTED by the Governing Board of the
Encinitas Union__t School District of San Diego
County"," California/ this 24th day of January , 1978.
6f' the Governing
Of the Encinitas Union
School District.
(4)
K^SOLUTION RE CONDITIONS
OF OVERCROWDING
IN SCHOOL ATTENDANCE AREAS
On motion of Member Howe! 1 , seconded by Member
Sensibaugh , the following resolution is adopted:
WHEREAS, for some time past there has been a continuing and
substantial increase in population within the boundaries of the
San Djegulto Union High School District to the extent
that the school facilities of this district have become over-
crowded; and
WHEREAS, a very significant proportion of the increase in
population in this district results from construction of resi-
dential units in new housing- developments within the district;
and . .
WHEREAS, in the absence of assistance in the form of finan-
cial contributions or dedications of land from the developers
of such new residential developments this district would not
have financial resources adequate to provide proper educational
facilities for all the children residing in this district; and
•
WHEREAS, Chapter 4.7 (commencing with Section 65970; added
by Stats. 1977, Chap. 955), Division 1, Title 7 uO the Government
'Code making provision for financial or other assistance by.-;
developers to school districts-if the governing board of a
school district has mada a finding that conditions of overcrowding
exist in one or more attendance areas of the district including
the specific data specified in Government Code Section 65971;
NOW THEREFORE . .
IT IS RESOLVED AND DETERMINED that, pursuant to Government
Code Section 65971, this governing board makes the following
findings: ". .
(1) Conditions of overcrowding exist in the following
attendance areas of the San Dleguito Union High School
District which will impair the normal functioning of educational
programs in those areas:
San .Dieguito High School - Grades 9-12
Torrey Pines High School - Grades 9-12
Oak Crest Junior High School - Grades 7-8
(2) Reasons for the conditions of overcrowding in the
above-mentioned attendance areas include the following:
CURRENT CURRENT CAPACITY
"ENROLLMENT PERMANENT AND PORTABLE
San Dieguito High School 1840. 1836
Torrey Pines High School 1991 1734
Oak Crest Junior High School 918 • 983
In addition to the students presently enrolled, the District is aware of
numerous subdivisions in each of the above named attendance areas that
have been approved by the County or the appropriate city in which the
project lies. The annual increase in student population has exceeded
6% over the past four years and this rate is expected to continue in
the immediate future. The students currently enrolled, combined v/ith
those anticipated from new developments already approved, has resulted in
'an overcrowded condition at each of the schools listed above.
(3) All reasonable methods of mitigating conditions of
overcrowding have been evaluated and no feasible'method for
reducing such conditions exists. Mitigation measures considered "
by the governing board of this district to reduce the overcrowded
conditions include the following:
w
a) The District has entered into agreements with developers who
have contributed financial assistance toward the cost of providing temporary
use buildings. Arrangements have also been made for other temporary classrooms
on District sites that are being financed out of the District's general fund.
b) District voters approved a- bond measure that provided, the first
phase of a new high school in 1974 that is already overcrowded.
c) Student busing and boundary realignments are not feasible alter-
natives since both of the District's two comprehensive high schools are. over-
crowded. •
.d) Such alternatives as year-round operation and double sessions
have been examined by committees of parents and staff, but have been rejected
due to what is considered to be a negative impact on the instructional program.
. . e) The District has no "surplus" real property or "low priority
school, facilities", therefore this is not a feasible alternative for increasing
school capacity. .
Additional temporary buildings on the sites identified above would put a severe
strain on existing core facilities, thereby necessitating an expansion of permanent
buildings at both the high school and junior high level. Expansion of permanent
•facilities appears to be the only logical alternative available to mitigate
current conditions of overcrowding.
The District is considering placing a bond issue for additional permanent facilities
before the voters at some future date. At this time, the scope of the bond issue
as well as the date has yet to be determined by the Board of Trustees.
(4) The conditions of overcrowding in this district and
the explosive population grov/th projected for this area car.only
be accommodated by new schools for the long-term; placement
of temporary use buildings/relocatable structures- and busing
of students are stop-gap measures for the near-term only
and in and of themselves do not significantly reduce the
conditions of overcrowding. Support by developers in the form
financial contributions or dedications of land is necessary in
order to try to keep abreast of population growth, ana even with
such assistance, any significant reduction in the conditions
of overcrowding will be difficult until permanent additional
classroom buildings can be constructed.
BE IT FURTHER RESOLVED AND ORDERED that the Secretary
of this Board deliver certified copies of this resolution
to the city councils and/or Board of Supervisors of all cities
and County within whose boundaries the school district lies to-
gether with copies of this District's policy on the. subject of
developers', subdividers', and builders' contributions to miti-
gate impact,on school facilities to indicate the type and
scale of assistance considered appropriate to meet the needs
of this district.
PASSED AND ADOPTED by the Governing Board of the San Dieguito
Union High School District of 3an Diego
County, California,, this 9th /day of. February , 1978.
Members/or ttfe Governing \Board
of thp^San^Di.egulto Union High
Sch06l District.
(4)
f f-V : -V
' RESOLUTION RE CONDiTIONS
OF OVERCROWDING
IN SCHOOL ATTENDANCE AREAS
On motion of Member Ham , seconded by Member
Skolnlck ^7~t1fe~fo71'owing~resoTution is adopted:
WHEREAS, for some time past there has been a continuing and substantial
increase in population within the boundaries of the San Marcos Unified
School District to the extent that the school facilities"of~this"district have
become overcrowded; and
WHEREAS, a very significant proportion of the increase in population in
this district results from construction of residential units in new housing
developments within the district; and
WHEREAS, in the absence of assistance in the form of financial contributions
or dedications of land from the developers of such new residential developments
this district would not have financial resources adequate to provide proper educat-
ional facilities for all the children residing in this district; and
WHEREAS, Chapter 4.7 (commencing with Section 65970; added by Stats.
1977, Chapter 955), Division 1, Title 7 to the Government Code making provision
for financial or other assistance by developers to school districts if the governing
board of a schoo1 district has made a finding that conditions of overcrowding exist
in one or more attendance areas of the district including the specific data specified
in Government Code Section 65971; NOW THEREFORE
IT IS RESOLVED AND DETERMINED that, pursuant to Government Code Section
65971, this governing board makes the following findings:
(1) Conditions of overcrowding exist in the following attendnace
areas of the ' San Marcos Unified' ----- School District which will impair
the normal functioning[ Mneducationar"]^ogTams~Tn those areas:
(a) San Marcos High School
(b) Alvin M. Dunn School
(c) Richland School
(d) San Marcos School
te) Woodland Park School
-c
(2) Reasons for the conditions of overcrowding in the above-mentioned
attendance areas include the following:
(a) The existing enrollment, the anticipated additional
enrollment*, total enrollment, school capacity, and the anticipated
enrollment exceeding school capacity for each of the above listed
attendance areas is as follows:
Present Anticipated Total Capacity Anticipated
Enrollment Enrollment* Enrollment of School Excess
San Marcos
High School
Alvin M.
Dunn School
Rich! and
School
San Marcos
School
Woodland
Park School
1163
520
560
*«
561
742
197
133
118
93
111
1360
653
678
654
853
1110
563
621
621
771
250
90
57
33
82
* The anticipated additional enrollment is derived from yield factors applied to
residential units under construction or approved and awaiting construction.
c - c
(3) All reasonable methods of mitigating conditions of overcrowding
have been evaluated and no feasible method for reducing such conditions exists.
Mitigation measures considered by the governing board of this district to reduce
the overcrowded conditions include'the following:
(a) Agreements between subdividers and the district whereby
temporary use buildings are leased to the school district,
(b) .The use of temporary use buildings or relocatable structures. '
The use of such buildings is a feasible solution to part of the housing
needs of the district but they are not suitable for all types of classes,
particularly at the secondary level. Mobile home type portable class-
rooms are not adequate in size for the average class size of 31 students.
Furthermore, the funds to obtain such relocatable classrooms would have
to be made available to the district either by agreements with subdividers
or by supplemental district financing such as a bond issue.
• "
(c) Student busing. Student busing is not a feasible alternative
in that there is no space available in other schools of the district to
which the students may be transported. Busing students would also require
a considerable added cost to the district for buses and drivers,
(d) Double sessions. This is not a feasible alternative in that
the instructional time for each student is reduced and students are
required to attend school at .times of the day that are not most conducive
to learning. Double sessions ail so disrupt the home life of families and
cause excessive v/ear on school facilities.
• .
(e) Year-round schools. This is not considered a favorable
alternative in that a citizens committee recommended that year round
school not be considered as a feasible educational system at this time
and the Board of Trustees has found no reason to disagree with this finding.
(f) School boundary readjustment. This is not a favorable
alternative in that there is not space available in any of the attendance
areas of the elementary schools or in the high school attendance area.
Boundary readjustments should not be made frequently as they disrupt the
identification of students and families with a particular school.
(g) Elimination of low priority school facility uses. This is
- not an alternative in this district inasmuch as there are no low priority
facilities.
(h) The use of available annual tax rate and bond revenues. The
use of available annual tax rate revenues is not a favorable alternative
in that the general fund tax revenue is needed to fund the normal operations
of the district. There are no available funds from this source to provide
facilities for students generated by new housing.
The governing board of this district has called a bond
election for March 7, 1978. If that election is successful, there would
be bond revenues available to provide some facilities for new students.
However, assistance would still be needed to provide facilities in some
instances while permanent facilities are being developed. The history
of bond elections throughout the nation in recent years would not lead to
optimism regarding the success of the election in March.
(i) .The use of funds available from the sale of surplus school
district real property and other available funds. This is not a feasible
alternative in that the district does not have funds available from other
sources and does not have surplus real property available to sell.
(4) The conditions of overcrowding in this district and the explosive
population growth projected for this area can only be accommodated by new schools
for the long-term; placement of temporary use buildings/relocatable structures
and busing of students are stop-gap measures for the near-term only and in and of
themselves do not significantly reduce the conditions of overcrowding. Support by
developers in the form of financial contributions or dedications of land is
necessary in order to try to keep abreast of population growth, and even with such
assistance, any significant reduction in the conditions of overcrowding will be
difficult until permanent additional classroom buildings can be constructed.
BE IT FURTHER RESOLVED AND ORDERED that the Secretary of this Board
deliver certified copies of this resolution to the city councils and/or Board of
Supervisors of all cities and County within whose boundaries the school district
lies together with copies of this District's policy on the subject of developers'»
subdividers' and"'builders' contributions to mitigate impact, on school facilities to
indicate the type and scale of assistance considered appropriate to meet the needs
of this-district.
PASSED AND ADOPTED by the Governing Board of the
San Marcos Unified School District of San Diego County, California,
this 3rd day of January , 1978.
Ralph E. Kellogg, Ed.D.^
Superintendent of Schools and
Secretary to the Governing Board
Members of the Governing Board of the
San Marcos Unified School District