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HomeMy WebLinkAbout1980-03-18; City Council; 6196; San Dieguito Union High School DistrictCITY OF CARLSBAD AGENDA BILL NO. U I °l Lf DATE: March 18, 1980 C. Atty.\)l"A DEPARTMENT: FINANCE C- M&r • ^Z^L Subject: SAN DIEGUITO UNION HIGH SCHOOL DISTRICT SCHOOL FEE REFUNDS Statement of' the Matter The Carlsbad City Council, at its November 28, 1979 adjourned regular meeting, adopted a revised school fee collection schedule. This revision lowered the school fee collection schedule in San Dieguito Union School district retroactive to July 24, 1979. The Finance Department has prepared a listing of the school fees collected for the San Dieguito Union High School District for the 1979-80 fiscal year to date. This analysis shows in detail the amount collected under the old fee schedule and new fee schedule adopted by Council November 28, 1979. In addition, due to retroactive nature of the . new school fee collection schedule, a listing of the amounts refunded to the school depositor is included for review. Total San Dieguito refunds disbursed by this action amount to $18,391.00. These requests for refund are on file in the Finance Department. Exhibit ~" Resolution No. 6> / / 5"" with Attachment A. Memo to City Manager dated 11-13-79 Recommendation Approve Resolution No. (j> I / <>. Council Action: 3-18-80 Council adopted Resolution 6115, authorizing the refund of excess San Dieguito Union High School District School Fees. RESOLUTION NO. 6115 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING 3 THE REFUND OF EXCESS SAN DIEGUITO UNION HIGH SCHOOL DISTRICT SCHOOL FEES. 4 5 WHEREAS, pursuant to the provisions of Government Code 6 Sections #65970, the City Council has adopted Chapter 21.55 7 of the Carlsbad Municipal Code to provide for the dedication 8 of land and the payment of fees for interim school facilities, 9 and 10 WHEREAS, the City Council at its November 28, 1979 ad- 11 journedregular meeting adopted a revised school fee collection 12 schedule for the school districts, and 13 WHEREAS, the impact of this November 28, 1979 revision to 14 the school fee collection schedule resulted in a lower school 15 fee collection schedule for the San Dieguito Union High School 16 District, and 17 WHEREAS, the lower fee schedule adopted on November 28, 18 1979 for the San Dieguito Union High School District was 19 determined to be retroactive to July 24, 1979, and 20 WHEREAS, all fees collected for the San Dieguito Union 21 High School District on or after July 24, 1979 are subject 22 to a refund of that portion of the fees paid to the City 23 in excess of the revised rate schedule. 24 NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad 25 as follows: 26 1. The City Council of the City of Carlsbad does hereby 27 determine that excess San Dieguito Union High School District 28 school fees amounting to $18,391 have been collected and are 1 detailed on attachment A. 2 2. The Finance Director is hereby directed to proceed 3 with the refund of excess San Dieguito school fees as indicated 4 in attachment A. 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 6 City Council on the 18th day of March, 1980, by the following 7 vote, to wit: 8 AYES: Councilman Packard, Skotnicki, Anear, Lewis and Councilwoman Casler 9 NOES: None 10 ABSENT: None 11 RONALD C. PACKARD, MAYOR 12 ATTEST: 13 ,,*_^~~~, ^-- u^,. - y -/> 14 ALETHA L. 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Pi1— i OO u£r C) Csl •P =tt=p| (U • OG -P oo P^CO vO O CslrH pi en <U -H> rt <0 2 u Q • n <D W Pi Pi -H O rH -P N tO 10 CT3 rH 3 S rH E— ' rH OO •st- *K rH 4)P:rtj <D•P W) -PP! rt 13 *Tj 0 Pi>-. rtPi rH X <L> ^ OS r^ Csl O 0 •H t-- r£ Csl Csl r—l OO #^ VO vO (/j rHrt O H ^^^^^mut^^^^^asgmaim 1) DATE: NOVEMBER 13, 1979 TO: CITY MANAGER - FROM: Assistant to City Manager ' SUBJECT: SCHOOL FEES Pursuant 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 lav; which allow the City to collect school fees. Those amendments were contained as part of AB-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 amount 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 standards 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 Union High School District, and Encinitas Union School District have all responded with fee recommendations. In addition, the Encinitas.r 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. The limitation that school fees 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. After new fees 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. 20, 1979 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 Per bedroom or like room. $ 400 $ 4QO San Marcos 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. PRANK N. MANNEN