HomeMy WebLinkAbout1979-09-04; City Council; 5452-7; Amendment of Chapter 21.55-ii
CITY OF CAP.LSEAD
AGENDA BILL KO. ^T^^TJ - ^^<^ Ja^^J^ "/ Initial
Dept.Hd
DATE: _ Se2teinber_l,__1929 _____ c. Atty
DEPARTMENT: City Attorney _ C. Mgr.~~
AMENDMENT OF CHAPTER 21.55 TO REVISE THE REQUIREMENTS FOR THE
DEDICATIONS OF LAND AND FEES FOR SCHOOL FACILITIES
Statement, of the Matter
In 1978 the City Council adopted Chapter 21.55 of the Carlsbad
Municipal Code to require the dedication of land and the
payment of fees for school facilities for residential develop-
ments. The Chapter was adopted pursuant to Government Code
Sections 65970 et seq. , commonly known as SB-201. The 1979
Legislature, as a part of Assembly Bill 8, the Proposition 13
bail out bill, has amended the school fee lav;. That amendment
requires some revisions to Chapter 21.55 and will require the
School Districts and the Council to take certain steps in
order to continue to collect school fees. A memorandum
discussing the matter in detail is attached. Also attached
is an ordinance which in our judgment makes the changes
required by the nei* law. Finally, we have attached a draft
of the letter to our School Districts outlining the steps which
they must take in that regard.
Exhibits
City Attorney's memorandum dated August 28, 1979.
Two excerpts from AB-8.
Ordinance No.
Draft letter to School Districts.
Recommendation
If the City Council concurs, your action is to adopt
Ordinance No . (/5o>
v3 and , by motion, to authorize the City
Manager to forward the letter to the School Districts and
take such other steps as he considers necessary to implement
the new law.
Council Action:
9-4-79 Council adopted Ordinance No. 9533, amending the Municipal Code
to revise the provisions requiring dedication of land and fees
for school facilities and declaring the urgency thereof.
MEMORANDUM
DATE: August 28, 1979
TO: Mayor and City Council
TO: City Attorney
FROM: DEDICATION OF LAND AND FEES FOR SCHOOL FACILITIES
For a number of years it has been the policy of the City Council
to attempt to aid our school districts in meeting the demands
placed upon them by new development. Carlsbad was one of the
first cities in California to adopt a school policy which
required developers to contribute to the cost of providing
school facilities. Council's policy was incorporated in our
General Plan by the adoption of a Public Facilities Element.
That element requires that the City Council find that all
public facilities, including schools, will be available concurrent
with need before approving a development. Traditionally, the
City Council was able to make that determination in regards to
schools based on a letter of availability from the district. The
school district required the developer to contribute in varying
amounts to the cost of facilities in return for such a letter.
The Carlsbad Unified School District continues to operate under
this system.
In 1977 the Legislature added Chapter 4.7, Section 65970 et seq.,
to the Government Code to provide for the dedication of land or
the payment of fees for interim school facilities. This legis-
lation was commonly known as SB-201. It provided that school
districts who were faced with pressure on their facilities could
adopt a resolution of overcrowding. On presentation of that
resolution to the City Council, we could not proceed to approve
residential developments without either making a finding of
overriding considerations or adopting an ordinance providing
for the dedication of land or the payment of fees for school
facilities. The City Manager and I advised our school districts
to hold the SB-201 procedure in reserve and continue to operate
under the Public Facilities Element. Notwithstanding that
advice the San Diequito, Encinitas and San Marcos School Districts
adopted resolutions of overcrowding. The City Council then
proceeded to add Chapter 21.55 to the Carlsbad Municipal Code
to provide for the dedication of land and fees for school
facilities. In November of 1978 the Council, based upon
recommendations from the districts, adopted standards for
determining the amount of fees to be required.
Mayor and City Council -2- August 28, 1979
The final action by the Council in implementing SB-201 was a
decision on the interrelationship between the Public Facilities
Element of the General Plan and Chapter 21.55. The Council
resolved the matter by adopting Council Policy No. 17 on
September 6, 1978. That policy spells out the evidence
required to satisfy the Public Facilities Element of the
General Plan. The Policy provides that the Council will
continue to require letters of availability for services
which are provided by another governmental entity. However,
developments which are required to dedicate land or pay fees
for school facilities pursuant to Chapter 21.55 are deemed
to have satisfied the Public Facilities Element in regards
to schools and no school letter is required.
Recently school fees have been the subject of a great deal
of scrutiny by the Legislature and the courts. The Attorney
General has rendered an opinion that SB-201 school fees are
a special tax under Article XIII(A) of the Constitution
(Prop. 13) and that, therefore, they may not be validly
collected without a two-thirds vote of the electorate. That
opinion was brought to the Council's attention by a memorandum
from my office dated May 31, 1979. A copy is attached for
your ready reference. The City Council determined to continue
to collect school fees notwithstanding the opinion. The
Attorney General's view has been adopted by at least one
Superior Court Judge in Shasta County—that case is presently
on appeal.
The 1979 session of the Legislature has adopted a comprehensive
Prop. 13 "Bail Out" bill (Chapter 282). Buried in the midst
of its one hundred plus pages are some significant amendments
to the school fee law. The brief history of the Council's
efforts to aid our school districts set out above is offered
to assist in understanding the new law and the steps which
must be taken by the City Council and the school districts
in order to implement it.
SB-201 permitted the City Council to require the payment of
a fee for interim facilities. The fee schedules as recommended
by the school districts and implemented by the Council
were all based on a cost of permanent facilities. There
were differences of opinion as to whether or not permanent
facilities could be considered interim. Perhaps the most
significant part of AB-8 is that interim school facilities
are now clearly defined. The new law limits interim facilities
to temporary classrooms, including the utilities, furnishings
and toilet facilities not constructed on permanent foundations.
Because of this limitation, it will no longer be possible for the
City to collect a school fee based on the cost of permanent
Mayor and City Council -3- August 28, 1979
facilities. We will have to amend Chapter 21.55 to so provide.
The school districts will be required to make new recommendations
on the amount of fees consistent with the new law. Those
recommendations must be made within sixty days or the district
will waive its fees. In making the recommendations, the new
law provides that the fee may not exceed the amount necessary
to pay five annual lease payments for interim facilities.
AB-8 gives the builder, at his option, the right to provide
interim facilities in lieu of a fee for a five year period.
Finally, the Legislature has prohibited the city from
collecting a fee within any district which has received an
apportionment pursuant to the Leroy F. Green State School
Building Lease Purchase Law of 1976.
An ordinance making the necessary changes to Chapter 21.55 has
been prepared. In our opinion it is necessary in order to
bring Chapter 21.55 into compliance with state law and we
recommend its adoption.
Section 21.55.260 of the Carlsbad Municipal Code requires
school districts who receive school funds to report to the
City Council by August 1st on the facilities leased, purchased,
or constructed during the previous year. In addition, the
report must specify which attendance areas will continue to
be overcrowded when the Fall term begins and where conditions
of overcrowding will no longer exist. The report must be
filed by August 1st. To my knowledge none of the school
districts have filed the required report. San Diequito has
addressed a letter to the Council, dated August 2, 1979,
which asks the Council to take into consideration the diffi-
culties the district is experiencing in providing school
facilities. The letter, however, does not include the informa-
tion required by Section 21.55.260. While recognizing some of
the limitations on school fees imposed by AB-8, the letter
does not recommend any changes in their fee schedules. We
have also received a letter from San Marcos, dated August 20,
1979, forwarding a new resolution of overcrowding for that
district and recommending a new fee schedule. It contains
some but not all of the information required by Section 21.55.260.
The fee schedule is based upon the purchase price of "standard
size relocatable classrooms" which may not be consistent with
AB-8. We have taken the liberty of preparing a draft of a
letter to our school districts reminding them of their obligations
under Section 21.55.260 and informing them about AB-8 and the
necessary changes in Chapter 21.55. The letter also requests
the districts to make new fee recommendations consistent with
the new law. If the City Council concurs, your should direct
Mayor and City Council -4- August 28, 1979
the City Manager to send the letter to Encinitas, San Diequito
and San Marcos School Districts and take other steps as he
considers necessary to assist the districts in complying with
AB-8 and Chapter 21.55 as amended.
The new law limiting the amount of school impact fees to the
cost of temporary facilities could have a number of ramifications,
It would probably be more appropriate for the City Manager to
discuss the various possibilities. One which bears comment from
my office would be a request from a district to reconsider
Council Policy No. 17 and require a letter of availability in
lieu of, or in addition to, SB-201 school fees. In that
regard the County of San Diego has requested an Attorney
General's opinion on the question of whether or not AB-8
preempts locally imposed school fees.
' VINCENT F. BIONDO, JR.
City Attorney
\J
VFB/mla
Attachment
— 71— Ch. 282
as defined in SP.C tiQi\ 35037, or the formation-ef-ft-tlislnct. as defiled
in Section 22^,5 of the Revenue and Taxation Code, the commission
shall, puTsuantXo the provisions of subdivision (b), determine the
amount of property tax revenue to be exchanged by the affected
local agency.
(b) In making its extermination as required by subdivision (a),
the commission shall:
(1) Request the county\uditor to determine the proportion that
the amount of property tax revenue derived by each affected local
agency pursuant to subdivisiorMb) of Section 2237 of the Revenue
and Taxation Code bears to theNtotal amount of revenue from all
sources, available for general purples, received by such agency in
the prior fiscal year;
(2) Determine, based on informatipK submitted by each, affected
local agency, an amount equal to the totakx:ost to each affected local
agency during the prior fiscal year of providing those services which
the new jurisdiction will assume within tra^ area subject to the
proposal;
(3) Multiply the amount determined pursuant to paragraph (2)
for each affected local agency by the corresponding proportion
determined pursuant to paragraph (1) to derive\he amount of
property tax revenue used to provide services by eaclraffected local
agency during the prior fiscal year within the area sufc^ect to the
proposal.
(4) Following the approval of a proposal subject to this\section,
the, executive officer—flhnll mriFy tha auditor nf the amount
determined in pa -agraph (3).
SEC. 53. Section 65974 of the Government Code is amendetXto
read:
65974. For the purpose of establishing an interim method of
providing classroom facilities where overcrowding conditions exist,
as determined necessary pursuant to Section 65971, and
notwithstanding Section 68478, 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 that 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 laud 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
87 490
Ch. 282 —72 —
1I; related and limited to the need for schools caused by the
ft development; jarovided. the fees shall not exceed the amount
t:; necessary to pay five annual lease payments for the interim facilities.
P In lieu of the feeSj the builder of a residential developmeiTtjmay, at
f, his_Qj-jier option and at his or her expense, provide interim facilities.
|= owned or controlled by such builder, at the place designated by the
I? school district, and at the conclusion of the fifth school year the
I builder sEauTat the builder's expense, remeve the interim facilities
I',- figmjuch place.
p (e) A finding is made by the city council or board of supervisors
|j that the facilities to be constructed from such fees or the land to be
I'. dedicated, or both, is consistent with the general plan.
|j The ordinance may specify the methods for mitigating the
|?i conditions of overcrowding which the school district shall consider
|: when making the finding required by subdivision (b) of Section
1 6597L
I"*' If the payment of fees is required, such payment shall be made at
I the time the building permit is issued.
I Only the payment of fees may be required in subdivisions
I'i containing 50 parcels or less.
f. SEC. 54! Section 65979 is added to the Government Code, to read:
|* 65979. After a school district has received an apportionment
if pursuant to the Leroy F Greene State School Building
•;; Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section
|; 17700) of Part 10 of the Education Code), the city or county sJialLngt
!' be.permitted thereafter, pursuant to this chapter or pursuant toany
!'• other school facilities financing arrangement such district may have
v' yyitTT builders ot residential developments, to levy any fee Or" to
•? require the dedication of any land within the attendance area c-f the
f. district.
; SEC. 55. Section 65980 is added to the Government Code, to read:
65980. Interim facilities for purposes of Section 65974 shall be
limited to temporary classrooms, including their utilities, furnishings,
and toilet facilities not constructed with perm.-me.nt foundations.
SEC. 56\ Section 65981 is added to the Government Code, to read:
65981. If an ordinance has been adopted pursuant to Section
; 65974 whJ.cn provides for the school district governing J3ody_ to
\ recommend the fees for providing interim facilities~fliat aFe to be
i assessed on a development as a condition of city or county approval
; of a subdivision, such recommendation shall be required to_be
» submitted to the respective city or county within 60 days following
i the issuance of the initial permit for the development. FaiErirto
f provide the recommendation of fees to be assessed within the 60-day
\. rjeriod shall constitute^ waiver by the governing body ot the school
' district of ila authority to request fees pursuant to this chapter.
|, SEC. 57. Section 66434.1 is added to the Government Code, to
| read:
i.i 66434.1. In the event that an owner's development lien has been
87 510
MEMORANDUM
DATE: May 31, 1979
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: ATTORNEY GENERAL'S OPINION CV 78/123
SB 201 — SCHOOL FEES
The Attorney General, of the State of California, in the above-
referenced opinion, has concluded that the fees imposed under
Government Code Section 65974 (SB 201 — School Fees) constitutes
special taxes within the meaning of Article XIIIA (Prop 13) of
the California Constitution. A copy of the opinion is attached.
The opinion was discussed at the San Diego-Imperial County City
Attorneys' Association .-meeting of May 24, 1979. With the
exception of City Attorney of Escondido, it was the consensus
of our association that the funds collected as a result of the
implementation of SB 201 should be treated as a fee and not a
tax and that the constitutional limitations of Article XIIIA
had no bearing on the SB 201 school fees.
During the preparation of the opinion, the Attorney General
solicited the views of the County Counsel of San Diego. In
October of 1978 the County Counsel issued an opinion to the
Escondido Union School District concluding that Prop 13 had
no application to school fees. In December of 1978 the County
Counsel reiterated that view in replying to the Attorney
General's inquiry.
In the absence of any judicial authority, the opinions of
the Attorney General are entitled to some weight in the
courts. However, they are not binding. The meaning of
Proposition 13 is currently being subjected to a number of
lawsuits in the State of California. It is possible that the
view of the Attorney General, that is, that everything is a
tax and all taxes are special taxes, will ultimately prevail.
However, in my opinion, that is not what Proposition 13 says
and is not what it should be held to mean. In that regard,
you should have reference to the paper prepared by
Mr. Hentschke and myself as presented to the spring meeting
of the League of California Cities.
Mayor and City Council -2- May 31, 1979
It is necessary that the City Council determine whether or not
they wish to alter the City's current ordinance which imposes
the SB 201 school fees. I have advised the City Manager that
he should continue to enforce the ordinance and collect the
fees. However, I have also advised that for the time being the
City retain the fees collected in a trust fund until the questions
raised by the Attorney General's opinion can be resolved. Unless
the City Council directs otherwise, it is my understanding that
the City Manager intends to follow that advice.
As the Council will recall, .the City Manager and I both advised
our school districts to delay implementation of SB 201 while
continuing to operate under our Public Facilities Element. The
Carlsbad Unified School District adopted that course and has
never implemented SB 201 and, therefore, will not be affected
by the Attorney General's opinion. In that regard, the County
Counsel has requested an Attorney General's opinion on the
question of whether or not SB 201 preempts school policies
similar to our Public Facilities Element. It is my opinion that
it does not. I have advised the City Manager that in the absence
of any judicial precedent to the contrary, we should also
continue to enforce the Public Facilities Element in the Carlsbad
District. Unless the City Council directs otherwise, it is my
understanding that he intends to follow that advice.
The City Council may wish to consider directing a letter to the
four school districts that have implemented SB 201. informing
them of the problem and suggesting that they may wish to resume
utilization of the Public Facilities Element in lieu of their
continuing reliance on the SB 201 school fees.
If the City Council wishes any additional information on this
matter, I will be prepared to discuss it at your June 5, 1979
regular meeting.
/ VINCENT F. BIONDO, JR.
City Attorney
VFB/mla
Attachment
cc: City Manager
Citp of
1200 ELM AVENUE 4-3 ^f7 , | 1 TELEPHONE:
CARLSBAD, CALIFORNIA 92008 \*$&M <$I I {714)729-1181
Superintendent
Encinitas Union Elementary
School District
189 Union
Encinitas, CA 92024
Superintendent
San Dieguito Union High
School District
625 North Vulcan Avenue
Leucadia, CA 92024
Superintendent
San Marcos Unified School • •
District
270 San Marcos Boulevard
San Marcos, CA 92069 .-
Gentlemen:
Pursuant to the provisions of Government Code Section 65970
et seq. (SB-201), 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.
The City Council has, by resolution, accepted the recommenda-
tions of your district on the standards for the amount of
fees to be collected. Under the school fee law your district
is required to report by August 1st of each year on the
facilities leased, purchased or constructed during the
previous fiscal year. In addition, the report must specify
which of your attendance areas will continue to be over-
crowded when the Fall term begins and where conditions of
overcrowding will no longer exist. To-date we have not
received your report and would appreciate it at your earliest
convenience.
As you are likely well aware, the 1979 session of the State
Legislature has seen fit to amend the provisions of the state
law which allow us to collect school impact fees. Those
amendments were contained as a part of AB-8, Chapter 282,
statutes of 1979, commonly known as the Proposition 13 "Bail
Out" bill. In response to that legislation, the Carlsbad
City Council, at their September 4, 1979 meeting, (introduced
an/ordinance amending Chapter 21.55 of the Carlsbad~Trcm±c±pal
Co/do to bring it into conformance with the new state law.
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A copy of the ordinance, the new lav; and a memorandum of
explanation from our City Attorney is enclosed for your
information.
The most significant effect of the legislation is to limit
the amount of fees which we can collect to the amount necessary
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
is now necessary for your governing board to recommend new
standards for the amount of fee to be collected within your
attendance areas lying within the City of Carlsbad. That
recommendation must be made within sixty days of the date of
this letter or you will have waived any fees.
In addition, the new law prohibits the collection of a fee
on behalf of any district which has received an apportionment
pursuant to the Leroy F. Green State School Building Lease
Purchase Law of 1976. Please inform us whether or not your
district has received such an apportionment. It is necessary,
upon receipt of such an apportionment in the future, for you
to immediately notify the City.
AB-8, an urgency measure, was signed into law on July 24, .
1979 and became immediately effective. Therefore, the City
will retain all school fees collected after that date until
a new fee schedule, consistent with AB-8, is adopted. After
adoption the difference between the amount collected and the
new fee will be refunded to the developer.
Please contact my office, or the City Attorney, if you have
any questions about the new law or if we can otherwise
assist you in carrying out its requirements as outlined in
this letter.
Very truly yours,
PAUL D. BUSSEY
City Manager
VFB/PDB/mla
Enclosure
cc: City Attorney
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ORDINANCE NO. 9533
AN EMERGENCY ORDINANCE AS AH URGENCY
MEASURE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA 7\MENDING
TITLE 20, CHAPTER 20.20 AND TITLE 21,
CHAPTER 21,55 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF VARIOUS
SECTIONS TO REVISE THE PROVISIONS
REQUIRING DEDICATION OF LAND AND FEES
FOR SCHOOL FACILITIES AND DECLARING
THE URGENCY THEREOF.
The City Council of the City of Carlsbad, California
hereby ordains as follows:
SECTION 1: That Title 20, Chapter 20.20 of the Carlsbad
Municipal Code is amended by the addition of Section 20.20.115
to read as follows:
"20.20.115 Notice of owner's development lien. When
an owner's development lien has been created pursuant to the
provisions of Article 2.5, commencing with Section 39327 of
Chapter 3 of Part 23 of the California Education Code on the
real property or portion thereof subject to the final map, a
notice as specified in Section 66434.1 of the California
Government Code shall be placed on the face of a final map."
SECTION 2: That Title 21, Chapter 21.55 of the Carlsbad
Municipal Code is amended by the amendment of Section
21.55.070 to designate the existing Subsections (d) and (e)
respectively, as Subsections (e) and (f) respectively, and
by the addition of a new Subsection (d) to read as follows:
"(d) "Interim facilities" or "interim school facilities"
means temporary classrooms, including their utilities,
furnishings and toilet facilities not constructed with
permanent foundations."
SECTION 3: That Title 21, Chapter 21.55 of the Carlsbad
Municipal Code shall be amended by the amendment of Section
21.55.110 to designate the existing Subsection (d) as
Subsection (e) and by the addition of Subsection (d) to read
as follows:
VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD- 1200 ELM AVENUE ' 'CARLSBAD, CALIFORNIA S20081
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" (d) Whether the school district has received an
apportionment pursuant to the Leroy F. Green State School
Building Lease Purchase Law of 1976 [Chapter 22 (commencing
with Section 17700) of Part 10 of the California Education Code]."
SECTION 4: That Title 21, Chapter 21.55 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.55.130,
Subsection (c) to add the following language:
", provided, however, the. fee shall not exceed the amount
necessary to pay five annual lease payments for the interim
facilities. In lieu of the fees, the builder of a residential
development may, at the developer's option and at the
developer's expense, provide interim facilities, owned or
controlled by such developer, at the place designated by
the school district, and at the conclusion of the fifth school
year the developer shall, at developer's expense, remove the
interim facilities from such place."
SECTION 5: That Title 21, Chapter 21.55 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.55.150
and by the addition of Section 21.55.155 to read as follows:
"21.55.150 Standards for land dedication and fees. The
standards for the amount of dedicated land or fees to be
required shall be determined by the City Council and set by
resolution. The governing board of each school district
. where a determination has been made pursuant to Section
21.55.100 that conditions of overcrowding exist, shall
recommend standards for their attendance areas to the City
Council. Such standards and the facts supporting them shall
be transmitted to the City Council within sixty days of a
request therefor by the City Council or within sixty days
following the issuance of the initial permit for the
development. Failure to provide such recommendation shall
constitute a waiver by the governing body of the school
district of the fees. If the City Council concurs in such
recommended standards, they shall, until revised, be used by .
decision making bodies in situations where dedications
of land and/or fees are required as a condition to the approval
of a residential development. Nothing herein shall prevent
the City Council from using standards other than those
recommended by the school district in the event the City Council
is unable to concur in those transmitted by the district.
21.55.155 Limitation on fee- — builder's option.
(a) Notwithstanding anything in this chapter to the
contrary, after a school district has received an apportionment
pursuant to the Leroy F. Green State School Building Lease
Purchase Law of 1976 [Chapter 22 (commencing with Section 17700)
of Part 10 of the California Education Code] , the dedication
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of land or the payment of a fee shall not be required. Any
school district receiving such an apportionment shall immediately'
notify the. City.
(b) Notwithstanding the provisions of Section 21.55.150,
the fee to be required by this chapter shall not exceed the
amount necessary to pay five annual lease payments for the
interim facilities. In lieu of such fees, the builder of a
residential development shall have the option, at his
expense, of providing interim facilities, owned or controlled
by such builder, at the place designated by the school
district, and at the conclusion of the fifth school year the
builder shall, at his expense, remove the interim facilities.
In exercising such option the builder shall make arrangements
satisfactory to the school district prior to the issuance of
building permits within the residential development."
DECLARATION OF URGENCY: This is an emergency ordinance
adopted as an urgency measure pursuant to California Government
Code Section 36937, and shall take effect immediately. On
July 24, 1979, Assembly Bill No. 8 of the 1979-80 Regular
Session of the California Legislature was signed into law as
an urgency measure effective immediately. In order to
conform the City's school facilities dedication and fee
ordinance provisions to that state law and administer that
ordinance in a manner consistent therewith, it is necessary
that this ordinance take effect immediately.
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage. The City Clerk of the City of
Carlsbad shall certify to the adoption of this ordinance and
cause it to be published once in the Carlsbad Journal within
fifteen days after its adoption.
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held
on the 4t_h__day of September , 1979 by the following vote,
to wit:
AYES:
NOES:
ABSENT: None
Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
None
RONALD C. PACKARD, Mayor
ATTEST:
X.
ALETHA L. RAUTENKRANZ, City Clerk J
(SEAL)
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