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HomeMy WebLinkAbout1980-03-18; City Council; Resolution 6115, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. I 2 c 4 5 E 7 E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 0 co 1 rl 1 M I n w W L 3 W z v cod Ti d d d d d Na cn a a a a a Ma N a \D a a \o n N e+ orio Nco d rid a Lnri -EA- nn VI In Ln In Ln d d d d d t-i r( ri t-i ri N N N N N n n n n n ATTACHMENT e co N a N co a M In n l-l ri hl 0 co co d- ch N ri c\1 l-l n n n In 0 N d cn a ri N 03 N d l-l n n n Lo M 0 0 cn tn a, t-i a, M 5 tn 0 I4 uo cdM CC cdcd k -3 OP cdm i-i ON Ad ad d Zt-i n m a p: h a, 4 4 cd L== tnrl a, ON E+Jt-i 0 CN 3= k cdkO #OM om a, k *A aria rdm G 00 cd !&4m n 9 10 d 4 d a a d a a w co In d co a N \o M ri n TI-TI- aa aa l-l rid ri 0 l-l N l-ll-l co coco co co co \o coco d e-+ d- N d- cn *TI- Ti rid l-l l-l rl N rid n nw. n n n n nn l-ll-l l-i co 4- rl nn n In InIn u) N TI- TI-+ d a ri rlrl ri co N NN N ri n nn n n In M 0 0 m v) a, rl co 0 0 N m TI- N n 0 a M cd cn a m w U & 4 0 0 3: U m a cd d l-l 0 N cn k a cd e v) I+ k cd U n a, M v) d rl .rl k rl cd a, H 3 CY w a H id z kd cdo aF: l-i a, h cd d5 05 mn I m L#Q "2; w d 2 MU a, v) a0 .rl u w Gln I4w ow UL con Wd wo FA- ri 03 b- rl fff h 103 ON IM l-l n v3 U W L I4 0 0 3: U v) 0 b H H n % 2 b5 I v) WQ L U d 03 0 0 N m a 0 c, d k. dk a, G cd I4 Ha a cdk a, c, MW s2d sa OG os Uk I .. e I 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