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HomeMy WebLinkAboutAgenda Report - October 5, 1983 (30)CITY COUNCIL MEETING, t} OCTOBER 5, 1983 , LCDI LNIFIID City Clerk Reimche presented a letter from Ellerth E. SCHDOL. DISTRICT Larson, Superintendent of the Lodi Unified School District DBr-JAWGICN OF requesting that the Lodi City Council set a public hearing s,. INPACTItN to consider the Lyodi Unified School District Declaration of�-�. 1983-84 SET NCR Impaction 1983-84. On motion of Mayor Pro Tempore Snider, s PLBLIC BEARING Reid second, Council set the matter for hearing at 8:00 p.m. on October 19, 1983. SVP , x> .. " .wry,_.. - :" ._ i is �ii i aU •�� i�Z� �� 1 ` - <<r' '}, t• 144! - v��, +.� y�rt iy�ra�-S ' I _ �• ti � d+ �P .� 1 -�3 b -'s. n .'`�i +�i"ta JJrr 'd[ .\.. -fix 6� a. ��'-t • ++4` ° f;} i ._iv y � 4 S 4��•hs. :. \ 4i�,�� z �k �r R �,,7 �'�Y ,1. v?5.. ... ;r _ �-t.3•y�_�.k�t� �t7 ��. ! 1 �44ai i �4�+ ���.'.� � f t ! t ;� + r> +i. � �'�i�c`Yt , v ��'t,,, f �n•rf� F .Y�` t�t;yl�"pa�E��2e� " t J r ``L' P{ h. 3 ,M Ort 't�{ • i F4; � 4 >. � x l^, °. 5� •+y ,2�' t y� { ,c *ted '� � � r h� i��+,3 � yru .. e..� 'v. t� t s �•n t'i4'1�Yl'd' ��� �°' � .. x. � ' 5 1tapi .. ZiF 'Vgi: S_.`� Y F • . r r �� nom. _,.-r,;� lodl unified 815 W. LOCK6FORD ST. t 1954 j �1f� K' (209) 369-7411 ' , 2-5 September 21, 1983 Mrs. Alice Reimche City Clerk Lodi City Hall 221 blest Pine Street Lodi, CA 95240 Dear Mrs. Reimche: ALICE K. R?� CITY CLI iC `Y i;` LO?l! SUBJECT: Declaration of Impaction/Continuation of Development Fees 1983-1984 The Lodi Unified School District Boara of Trustees has adopted the 1983-1984-Dcclaration of Impaction Resolution. Please accept this letter as a request for public hearing, pursuant to City Ordinance, for the consideration of the Board's Declaration. At the same time we would also like to present the expenditure report to the Council as required by State Code and City Ordinance. Please advise us of the hearing date in advance of your agenda mailing, and we wi;I provide you with copies of the Development Fee Report for distribution to the Council. Thank you for your consideration. Sincerely, ' Eberth Larson Superintendent EEL:MJS:eh N I�A ire fl, faf; fill. DEVELOPMENT FEE REPORT . %0, oic -!rw c. N I�A ire fl, faf; fill. DEVELOPMENT FEE REPORT . %0, oic -!rw --Now 1983-84 wg: Ir Ira 04CS, ow No Board C' • • Offs T BALL, VICE PPESIDM JOHN VATSULA, CLERK } e ♦ij. n -ah i Q w tt. 1 e ,s n �`Fiy Adminis#f-a1110n j yST �a7 4 Ellerth E. Larson, S'uperia4endent Tom Bandelin, Assistant Superintendent Ronald A1sup, Assistant SuperinterAent Awry Joan Starr, Facility Plr Joan Fipes, Business Amager Ralph Wetmore, Administrative Director of Personnel Joan Jensen, Administrative Assistant Lodi Unified School District 1983-84 DEVELOPMENT FEE REPORT PREPARED BY FACILITIES AND PLANNM OFFICE This report has been preparek'. in fulfillment of the r-,yuirc^rnts of State Government :ode Sections c)S9-6, 659-6, anal 05981 and the requirements of the implementing ordinances of the Cities of Lodi lord. 1119, .August 2, 1978), and Stockton (Ord. 3095 D.y., Jul)-, 19-8), etnd San Joaquin County (Ord. 2S74, July, 19-3). the report :s pre,ented 1n three sections: Declaration of Im- paction and Notification of 'Onditlons of kN-ercrowding for the 1983-84 School Year: .k1location of Development Fees, and Student Housing Option Update. APPROVED BY THE MTPN I NG BOARD AUGUST 2, 1983 11 DECLARATION OF IMPACTION • NOTIFICATION OF CONDITIONS OF OVERCROWDING 1983-84 SCHOOL YEAR The following details the conditions of overcrowding anticipated in the com- ing schwol year and provides the District's formal declaration of continued impaction. The projected Lodi Unified School District student enrollment for the 1983-84 school year is 16,433 students. This is a projected increase of approximately 400 students over last year -and does not take into account any sudden influx of students which might occur as the result of significant residential construc- tion within the District. In January, 1983, local agencies and developers re ported probable summertime construction of approximately 710 residential units with an additional 5,000± units in the planning stages. 18t, or m ra important:ly, 3,047 of the statistically projected number of students planned for arrival are considered "u*msed," meaning that there are insufficient regular classroor;s available in the coming school year in the District, thereby necessitating the implementation of continued temporary student housing alternatives. It is the District's plan to house regular, special education and pull-out program students in the following manner during the 1983-1984 school year.1 431 permanent classrooms ??? "other" in -school spaces, i.e., storage areas, work rooms, offices, etc. that are "unofficially" used as classroom space 12 leased and District -owned trailers 14 mini -school roams in temporarily converted duple=es 13 maxi -school rooms in temporarily converted duplexes 45 District -owned relocatable rooms 84 State -lease emergency portables ~The fo'lowing facilities are used to house LUSD programs; however, Development Fees can not be 4pplied at these locations: 1 leased house used for deaf -blind student education 6 rooms in leased quarters for the Career Center 7 District -owned relocatable rooms for adult Education Enrollment projections and classroom) loading are detailed by Attendance Area school in E36 bit A. The amber of"inhoused" students reported for the coming school year is reduced drwitically from the number reported in 1982-83. This is due to a definitional change and not to a decrease in actual m sbers of students. In past years, District -owned relocatable buildings were considered interim housing; hw ever, they are noir counted as permanent classrooms as a result of a re-vialuation of how these buildings are used over the short and long- term and clarified information on how they are viewed by State school build- ing officials. The District will have 46 relocatable buildings, including eight at the new Stonewood School site. One of the buildings at Stonewood is planned for use in the coming year as a special program,/multi-purpose room and is teuporaeily not available as a regular classroom. Inclusion of the 45 buildings as interim housing would result in an additional 1,350 "unhoused" students, bringing the total to 4,397, which is an approximate increase of 400 students over last year. Based on the hnaka extent of overcrowding, the anticipated increase in en- rollmant, and the )mown potential for all residential construction activity within the inpacted attendance areas of the Lodi Unified School District, the Governing Board declared the following attendance areas impacted for the purposes of requesting the continued imposition and collection of development fees by local governments. A copy of Board Resolution 83-45 is set forth as bdlibit B in this report. Lodi Unified School District DPACrED SGWL ATTEMANM AREAS 1953 - 1994 Lodi Nish School Attendance Area Tokay High School Attendance Area Liberty High School AttaWance Area MDrada Middle School Attendance Area Nuns Middle School Attendance Area Woodbridge Middle School Attendance Area Davis Elementary School Attendance Area Elkhorn Elewentsry School Attendance Area H1 ndeisat Elementary School Attendance Area Heritage Elementary School Attendance Area Lawrence Elementary School Attendance Area Leroy Nichols Elementary School Attendance Area Oakwood Elementary School Attendance Area Otto Drive Eleaeaztary School Attendance Area Parklane Elementary School Attendance Area Stonewood Elemamtary School Attendance Area Victor El, my School Attendance Area Vinewood Elemee. tiry School Attendance Area Rttce Areas are determined each year by the Assistant Superin- t An 4tary Education in cooperation with the principals and the : llistr Administration and Staff. A publication, reviewed by the Board is lrimd each your. There may be more than one elementary, sl in an At- -pq_. ! A partial listing of attendance areas is In Exhibit C. 2 EXHIBIT 1993-84 DETERMINATION OF A D TACTION NC![AT10NS: (1) Grade 7 and a students from portions of Elkhorn and Oakwood Aiais will be houscl at Needham until catutructian of the new aehool in North Stockton. Needham elementary students --K to Nichols and 1-6 to Vinewood. (1) Includes the Devis/Parklare and Elkhorn Mini Schools. Students from old Venice -Xing Island attendance area (All) p to 111AIMa. (3) Henderson will house grades 4-6 students from Normandy Village Subdivision and classes of gifted and talented students. 1babr- son M students attend Vinewood. (4) Houstop is a grade 1-8 school with 7 and a grade students from Locke ford/Clements M. (S) Grades 2-6 go to 2ackeferd tad K 1 to Clements. (6) Hattin.hoases only special education %tudents. (7) Students from the old Terminous AA attend Nichols. (i) Grades; 1-S from Oakwood M attend Oakwood with Stone-ood Subdivision kindergartners also attending Oakwood. Nesters Valley SW Davis Oaks SuWivision kindergartners attend Elkhorn Mini. (9) Otto *ive is graded -6: kindergartners attend Elkhorn Mini. (10) Parkl" includes grades 2-3 from Norrndy Village Subdivision. (11) Grade! K-3 attend Ray aid grades 4-6 attend Turner. (12) Grades 1-6 attend Tokay Colony and Kindergartners attend Live Uk. (13) There are 21 class. oors at Washington School, with 7 to be converted to a DCH facility. (14) Includes all type of special education classes, i.e., Eagli3N as a second 1 , learning disability, r&souree specialists, ets. Mom are deducted becat,s.: they are loaded at less than SO% of the load f a regular classroom, i.e., 13 sttxiatts vs. 30 students. This column is intended to include only permanent :Imssrooms used for these classes. Column "a" is roeea housisgG chil- dren "flill-time." These students are assigned to a specific room. Column 'b" is IW Lout" program roost. Children using these rooms are from a regular 30 student class and therefore are accounted for in those coliwts. There any be minor dlstrtrpesei" be tweea these figures and others used by the District due to scheduling modifications after data compilation. (1S) Thirty students is used as a multiplier. Actual loading way vary with conditions' and contractural agreemer►ts. (16) rose are locally generated enrollment projections, calculated for the purposes of classroom planning. Theme way be some deviation from those done by Office of Local Assistance die to varying considerations. (17) There.are 4 kindergarten roams with 1 sessions equaling 8 loadings for Elkhorn X!ni and 4 roams with 2 first grads and 4 kinder- garten sessions at Davis/Parklane Mini. (18) Generally the atterdance area (M) and the school are the same; However, in certain situations (as rioted above) students from one attendance area my be attending a school in another area or areas have boon combined. This has been taken into accowt in the figure in Column I. (19) There may also be interim housing in the pervunent facilities, i.e., in closets, offices, etc., and double sessions. (20) With Davis School. (21) Stonewood grades 4-6, Oakwood 6th grade to attend Otto Drive. 3 PER WOO CtASSR=15 PUMArENi' CIASS!UDOIb UTILIUTION 19 A 8 %4p D E F (IS) G (1 4) H I K L N )Cb (16) i N ~.,� 0 yy SCHOOL (18) RR y Lodi High School 66 2 1 4 67 2010 A 2034 1134 T - - Tokay High School 69 2 1 26d 1040 24 2064 2421 14 1 LibertyHi 3 - 1 7 210 0 210 248 - - 9 z moriae e366 550 Senior Elementary School SZ 1 2 3 32 960 12 972 840 3 Woodbridge Middle 17 2 1 1 15 4SO 24 474 Std 2 1 - NeedMm Riddle 13 1 11 360 0 1 360 488 f Davis Elementary ( 119 12 597570 - Elkhorn Elementary (2) 7 0 2 6 11 330 14 3S4 7S6 6 - • (17) Henderson Elementary (3) 3 0 - 3 90 0 90 2S0 6 - - Heritap Elementary I8 2 1 19 S70 12 582 676 2 - Houston Elementary (i) 13 1 12 360 12 372 350 - Lakewood Elementary 19 1 3 17 SID 546- Lawrence E]pentary 7 1 1 7 IIO 12 222 293 3 1 - Live Oak E14weritary I1 1 3 1 11 330 36 366 350 - - - Lockeford Elementary (S) 7 - 2 9 270 0 270 2SO 1 - Clements ElementaS 3 1 4 110 0 120 105 - - Dorothy manin (6) Leroy Nichols 7) 20 1 121 630 0 7Z 630 722 Oakwood Elementary (a) 0 ! 1 6 S Ido 12 192 694 17 Otto Drive Elementary (S) 0 0 0 439 - - 13 Parklane El u 110) 7 1 1 ! 6 11 360 12 372 9S4 10 I 0 20 Ray ementary _ . Erma Reese Elementary. 17 1 3 1 147bu 36 4S6 401 Stonewood Eloimentary (21) 0 0 7 7 0 210 214 - - - Turner Elementary 2 0 2 0 tin ou • - - Tokay Colony (121 4 0 1 S150 0 ISO 82 - - Victor 9 l i 1 t 74n F2 2t2 2S4 VtAewood amen ry Washington Elementary 1401 1 2 1 12 36U 1 24 SO4 384 WT- 372 - - - TOTAL. 420 le 151 141 is 431 15,960 26 13,346 IA433 64 12 27 NC![AT10NS: (1) Grade 7 and a students from portions of Elkhorn and Oakwood Aiais will be houscl at Needham until catutructian of the new aehool in North Stockton. Needham elementary students --K to Nichols and 1-6 to Vinewood. (1) Includes the Devis/Parklare and Elkhorn Mini Schools. Students from old Venice -Xing Island attendance area (All) p to 111AIMa. (3) Henderson will house grades 4-6 students from Normandy Village Subdivision and classes of gifted and talented students. 1babr- son M students attend Vinewood. (4) Houstop is a grade 1-8 school with 7 and a grade students from Locke ford/Clements M. (S) Grades 2-6 go to 2ackeferd tad K 1 to Clements. (6) Hattin.hoases only special education %tudents. (7) Students from the old Terminous AA attend Nichols. (i) Grades; 1-S from Oakwood M attend Oakwood with Stone-ood Subdivision kindergartners also attending Oakwood. Nesters Valley SW Davis Oaks SuWivision kindergartners attend Elkhorn Mini. (9) Otto *ive is graded -6: kindergartners attend Elkhorn Mini. (10) Parkl" includes grades 2-3 from Norrndy Village Subdivision. (11) Grade! K-3 attend Ray aid grades 4-6 attend Turner. (12) Grades 1-6 attend Tokay Colony and Kindergartners attend Live Uk. (13) There are 21 class. oors at Washington School, with 7 to be converted to a DCH facility. (14) Includes all type of special education classes, i.e., Eagli3N as a second 1 , learning disability, r&souree specialists, ets. Mom are deducted becat,s.: they are loaded at less than SO% of the load f a regular classroom, i.e., 13 sttxiatts vs. 30 students. This column is intended to include only permanent :Imssrooms used for these classes. Column "a" is roeea housisgG chil- dren "flill-time." These students are assigned to a specific room. Column 'b" is IW Lout" program roost. Children using these rooms are from a regular 30 student class and therefore are accounted for in those coliwts. There any be minor dlstrtrpesei" be tweea these figures and others used by the District due to scheduling modifications after data compilation. (1S) Thirty students is used as a multiplier. Actual loading way vary with conditions' and contractural agreemer►ts. (16) rose are locally generated enrollment projections, calculated for the purposes of classroom planning. Theme way be some deviation from those done by Office of Local Assistance die to varying considerations. (17) There.are 4 kindergarten roams with 1 sessions equaling 8 loadings for Elkhorn X!ni and 4 roams with 2 first grads and 4 kinder- garten sessions at Davis/Parklane Mini. (18) Generally the atterdance area (M) and the school are the same; However, in certain situations (as rioted above) students from one attendance area my be attending a school in another area or areas have boon combined. This has been taken into accowt in the figure in Column I. (19) There may also be interim housing in the pervunent facilities, i.e., in closets, offices, etc., and double sessions. (20) With Davis School. (21) Stonewood grades 4-6, Oakwood 6th grade to attend Otto Drive. 3 OEM TW WARD OF TRUSTEES OF T}IE LODI UNIIFED SQUOL DISTRICT OF THE alMY OF SAN JOAQUIN, STATE OF CALIFOWNIA R `EJn.lXIOH !0. P3 -4S 1983 -RA DECLARATION OF aPACTION SAS, the developme t of new residantial property results in the demW%d for school facilities; and p 9XW, the construction of new residences and the resultant inct-esse of stvtients coantirues; and siBMAS, students from new residential units in overcrowded attendance areas cause an immediate need for classrooms solutions: and iMJ .PS, Lodi Unified School District has considered and acted upon such options as (1) preseatation to t,-* voters of bond measures to provide capital bunds for per- msraant sc!ooi hoasing, (2) temporary buildings, (3) double sessions, (4) brussir� , (S) school attendance boundary. realignment, and has considered, and for good and suf- ticient reasons chosen not to act upocs, (6) year-round school attendance and (7) ex- tended day prog, (high sc2xxl) : and , there have been nio developer provided facilities as deft—A in Govern- ment Code Section 69S78; and WHOW, pursuant to Govenownt Code Section 65978 the City of IAa i has eracted Ordinance'No. 1149, the City of Stockton has enacted Ordinance No. 3095-_'.S., and thm qty of Sar, Joaquin has enacted Ordinance No. 2574 to assist school districts miti- gating the impact of new name comt-ructi on and , the aforemen ioned Ordinances require residential developers to per- ticipate in the cost of interim solat:oar. nec.esstta:ed by the overcrowding of -xist- ing class. facilities due to new residential construction; and MOUS, this Doard has rr.-iewed the content of the raevelap, , t Fee Report prepared by staff, a caryp of which is attached hereto, and has approved said report for public distribution; lid, IT IS HUM Y&9DLVBD that the Lodi Unified School District declares impaction in these school sttensdarnce areas affected by current aawd proposed develop amort plans, to wit: Lodi High School M (Attessdsnce Area) Tbkmy H� School AA Liberty HiSh xhcal M ftnwia Middle ^School M Needham Middle School M Woodbridge Middle School M La vir Elementary School M f2Wwrn Blementar7 School M Hsrdersan Elementary School M Heritate Elementary School AA Lawrence Elemuntary School M Lamy Nichols Elementary School M Oakwood Elementary School M Otto Dr.ve Elewntary School M Parklmwe Elementary School M Storawood Elemsenta:-y School M Victor Eleesmntary School M Viraewood Elementary School M a IT RRti M RZWLVID that the Superintendent be, and M hereby is, direc.tod to transanit a certified cWy of this rocolution and the accvapasryirrg staff report to the City Owncils of Lodi aha Stockton mad the hoard of Supervisors of the County of San Joaquin for their co , idsration moi coencurreewee. PASSED Alm ADOPTED this 2nd day of August, 19$3, by the following vote► of the Board of Trustees, to writ: AYSS? Jobnston; Sall; 14eyer; Derrick; Todd; Vatsula NM: NOW An w- We W 3switan dent Clon 4 ALLOCATION OF DEVELOPMENT FEES Between implementation of the Impaction Ordinances and May of 1982 (in- clusive), local agencies collected fees from developer/builders for each bedroom to be constructed on parcels created after the effective date of the particular ordinance. However, as a result of litigation in Shasta County, all fees were "impounded" until the State Supreme Court settled the issue, whereupon the "impounded" fees, totaling 638,942.74, were re- leased to the District. During the time that the fees were being col- lected the District expended well in excess of $1,200,000 on interim so- lutions to the student housing problems. A detailed accounting of Develop- ment Fees allocated in 1982-83 is contained in the July 1, 1982 "Report on Allocation of Development Fees" which was presented to all affected jurisdictions last year. At that time the Board authorized transfer of $S95,987.74 from the Develop- ment Fee Fund to the General and/or Site Funds as "payback" for expendi- tures made during the qualifying period. All "expenditure paybacks" were made on the premise that fees collected from Subdivision X were to be used for "qualifying" expenditures at impacted schoolsserving Subdivision X. This is the same philosophy that has been followed in the allocation of all Development Fees that have been received to date. The recommended allocation of development fees is based on strict nterpre- tation of the enabling legislation. Government Code Sections 65970 - 65981 (SB 201 - 1977) permit local jurisdictions to adopt ordinances requiring land dedication or to exact fees from residential developers in lieu of land dedication for purposes of providing interim school facilities. Sec- tion 65978 requires that Lodi Unified School District maintain an accounting of fees, while Section 65980 limits their use to strictly defined interim facilities. In addition, Government Code Section 65974 (d) states in part, The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relatioinship and will be limited to the needs of the commmity for interim elementary or high school facilities and shall be reasonably re- lated and limited to the need for schools caused by the develop- ment; . . . Based on the District's desire to use the Fees only in the maruier intended b,� the implementing legislation and the local ordinances, assumptions and qualifiers were developed in 1982 to guide in the allocation of Development Fees. With minor modifications, these same assumptions have been used in the allocation of Development Fees in 1983. 4 ASSU MONS AND QUALIFIERS I. Allocations are made on a fiscal year basis; however, due to the tier periods in which fees are sent to the District, the last quarter of every year is reported separately or in the following ,year. The start- ing date for allocation was Fiscal Year 1979-80. 2. hued an a 1940 chimp in the definition of interim, a State Attorney General Opinion 79-625 (October 16, 1979), and the advice of County Cornu, the expenses of Otto Drive 11axi School and the two mini schools .ware trot considered eligible, and, therefore, do not appear in any totals in last year's report (except Elkhorn set-up, which predated the code cline). In 1983. AS 1645 was signed into law, permitting Lodi Unified to use development fees fear the payment of mini/maxi school leases. 3. Consistent with Governmew: Code Section 65974, all expenditures mint be related to the impacted attf-dmmce area containing the contributing resi- dsntiel davelopoent. Expenditures by school were "credited" on the ba- sis of the District's Declaration of Impaction Report and the Board formula. Mon -impacted schools are tot considered eligible. 4. Developmant fees are used to cover expenditures at schools outside of the attendance area containing the generating residential development. IF that is the overflow school for that attendance area. For eaampie, Lodi High School takes the overflow from Tokuy High School. S. In those. attendance areas with several schools (specifically Elkhorn). it is recognized that the impact of any specific development is on the on. tire`attendance areal therefore, expenditures made for any school in tho attendance arca are considered relative to any paying development built in the atte done area. 6. 1Ugmid" or 'Vureoavered" expenditures wade in the past were not carried to the next year. However, it has been determined that it is reasonable to :carry expasdiUnvi,.as well as revenue, forward from one year to the text` based on the fAlbrAle that the District my provide interim hous- inla ader+nnce of the development t fea income and the arrival of the stu- deats ftcn the subject development(s). 7.aantt" fessla or 'fnexpeendable" revewe received in mzy given year is coapmamwried ftva year to year for future expesditure on the basis that the nandfor interim facilities to serve children from the related develop- uots` my not arrive at the schools until sometive after the revenue is collected. This is the companion condition to that discussed above. S. Interest is applied only to qualifying expenditures and not for any other district purpose, although that may technically be possible. It is felt that LM- OIL proper use of !Merest is in the menner ascribed since a portion.of.tM interest is earned while the fees are still in City and nosy.. accounts. 9. Leased trailers financed directly or indirectly by the General Rind ,are included in the expenditures. Students housed in leased trailers are sub- staatial.ly from the attendance area of the school where they are located. 10. At?tlM present tin, interim beaming expenditures are, budgeted from the :Mstrict's ganeral fund at the beginning of each fiscal year. At the end of the fiscal year development fee revoense is allocated to the various ngaoditaass based an the above snd a lamp sem is transferred from the hlrirslbpent Fee Fund to the Gimmrral Find, where it appears in the ending balance. At the beginning of the fiscal year an anticipated sum W be transferred in advance through the Ludget process. The amount is based on a.eatservative projection of fees to be received relative to qualify- ing expenditures. This procedure is presently to facilitate cost - accounting. E Attendance Areas Elementary, Middle arx'. High School Attendance Areas and specific schools serving each City slzodivision paying fees in 1982-83 are listed below. All County fees were accounted for permit by permit; therefore, attendance areas for County developments are listed as coming from individual builders. All attendance area information was obtained from the annual attendance area reports. Exhibit C details the attendance areas for the 1982-1983 school year. These attendance areas are applicable to the allocation of development fees received during the 1982-1983 school year. Although generali) reflective of the 1983-1984 attendance areas, there are modifications, including the addition of the Stonewood School. VA EXHIBIT C 1982-1983 ATTENDANCE AREAS AND S(Ti00IS Subdivision/ Elementary School Middle School High School Jurisdiction Attendance Area Attendance Area Attendance Area City of Lodi Aaron Terrace Vinewood Senior Elementary Lodi High Beckman Ranch •Nichols Senior Elementary Tokay High Cambridge Place Heritage Senior Elementary Tokay High Lakeshore Vinewood Rur31 Senior Elementary Tokay High Millswood Reese Woodbridge Lodi High N. School St. Condos Washington Woodbridge Lodi High Palomar Drive Reese Woodbridge Lodi High Pinewood Reese Woodbridge Lodi High Stonetree Heritage Senior Elementary Tokay High Winchester ,acres Nichols Senior Elementary Tokay High City of Stockton Colonial Estates Elkhorn Mini/ Senior Elementary Tokay High Otto Drive Falcon Crest Elkhorn Senior Elementary Tokay High Fox Creek Davis/Parklane Morada Tokay High Haru•rs Ferry Elkhorn Mini/ Oakwood Needham Tokay High Paloau Estates Parklane Senior Elementary Tokay High Sumer Place Parklane Senior Elementary Tokay High CckMtY Country View Estates Liket.\-,od Woodbridge Lodi High River Meadows Lakewood Woodbridge Lodi High Individual Builders Davis Norma Tokay High Individual Builders Lirt Oak Morada Tokay High Individual Lockeford/ Builders Clements Houston Lodi High VA Development Fee Revenue During the fourth quarter of Fiscal Year 1981-82 a total of $31,850.00 in Development Fees was generated and forwarded to the District. This brought the total Development Fee Revenue received for that fiscal year to $141,273.55. During the'period July, 1982 through March, 1983 a total of $233,266.00 was received in Development Fees. This is approximately $123,000 more than the previous year (for the same time period) and $133,000 more than had been pro- jected in last year's report for receipt this year. This is taken as tangi- ble evidence that residential building in the Lodi Unified School District is definitely on the increase. It is also noted that a substantial proportion of those residences for which permits have been drawn are not yet occupied; therefore, the District's estimate of 400 new students is probably quite con- servative.l Allocation of Fres The ba -;is upon which Development Fees are used for payment of interum housing expenditures is detailed in the introductory portion of this section of the report (above). It is reiterated that the District uses the most stringent interpretation of the State Code and implementing ordinances and directives in the allocation of Development Fees. At the present time Development Fees are used exclusively for the lease of portables, trailers and the setup of these units, and the mini -maxi school leases (by special legislation). Between July, 1932 and March, 1983 the District expended $361,018.10 on trailer, portable and mini/maxi- school leases, the setup of new portables, and the moving of trailers. These expenditures, by school attendance area are detailed in Exhibit D. A total of $4,661.00 in expenditures in the last quarter of Fiscal Year 1982-1983 may be paid by Developnent Fees. This amount is available for transfer to the General Fund. A total of $200,654 in expenditures were paid with Development Fees during the period July, 1982 through March, 1983. This is the total amount that has been transferred to the District's General Fund ($70,000 was transferred during the budget process in 1982, and $119,074 was transferred at the end of the 1982-83 fiscal year to appear in the Gen- eral Fund ending balance). _ Reference is made to Exhibit A - Determination of District's 1983 Attendance Area Report, available from the Assistant Superintendent, Elementary Education. 0 Impaction, and the Office of the EXHIBIT D LODI UNIFIED SCHOOL DISTRICT INTERIM HOUSING EXPENDITURES FOR PERIOD JULY, 1982 - MARCH 1983 S010OL %1W Portable Lease Cost rta a Setup Cost Old Portable Lease Cost Trailer Lease Cost Mini and Maxi School Total DAVIS S 6,389.68 S 4,559.39 $ .00 $ .00 .00 5 11,249.07 ELaMN; 6 203.36 3,43S.26 4 000.00 $108.600.002 122 238.62 KU47EC'" 10 587.36 3,427.46 .00 .00 .00 1.4 014.82 HERITAGE .00 .00 .00 4,261.20 .00 4.261.20 LA*PFNM 3 485.28 4 834.16 .00 .00 .00 8.319.44 LOCKEFORD 1,424.80 3,302.61 00 .00 .00 4,727.41 I4rEIMMAM 13,853.44 2,523.38 .00 .40 .00 16 376.82 NICHDLS 2,323.S2 41764.84 .00 4,261.20 .00 11 ,34936 0AIOr= 15 S85.12 13 052.03 16 000.0. .00 .00 44 637.1S PARKLAW 2,926,32 S,862.10 16 000.00 4.261.20 18 000.00 47 049.62 MDRAM 8,011.76 41332.34 8 000.00 4.261.20 .00 24 605.30 LODI H10i 1 161.76 2 112.28 .00 ..00 .00 3,274.04 SAVIOR £LEMMARY .00 .00 .00 4.261.20 .00 4,261.20 TWY HIGH 036.32 3 13,3S6.33 16 000.00 .00 .00 36,392.6S WOODBRIDGE -00 .00 4 000.-0 4,261.20 .00 8.Z61.20 TOTALS $ 78,988.72 S 65,862.18 S 64,000.00 $25,567.20 $126,600.00 $361,018.10 Amount shown does not include money spent for electrical hookup. That portion of cost not reimbursed by the State will be included with .the last quarter of Fiscal Year 1983-84 yet to be reported. 2Amount includes $15,600 for the Elkhorn Mini School and $93,000 for Otto Drive Maxi School. 3AmOunt shown does not include the cost of final grading, which was delayed by ponded water. This expenditure will also be reported in the future. A summary of the District's Develo;xwnt Fee Revenue and Expenditures for the first three quarters of Fiscal Year 1982-83 is given in Exhibit E. A detailed breakdown is given on the Development Fee Revenue/Expenditure Accounting Forms, included in this report as Exhibits F, G, and H. A total of $200,6S4 was transfered by the end of the 19,82-83 fiscal year from the Development Fee Fund to the General Fluid. EXHIBIT E S1kMARY OF DEVELOP -04T FEE REVENUE AND EXPENDITURES JULY 1982 - MARCH 1983 REVENUE Revenue Received 1982-83 $233,266 Revenue Forward from 1981-82 + 70,144 Total Revenue on Hand 1982-83 303,410 Revenue Spent 1982-83 200,6S4 Balance to Carry Forward for 1983-84 $102,756 EXPENDITURE Total Expenditures for 1982-83 $361,018 Expenditures Paid with Development Fees -200,654 Unpaid Expenditures (No Eligible Ptmds) $160,364 A comprehensive summary of Development Fee Revenue and Expenditures by juris- diction is contained in Exhibits I, J and K. The District is currently researching how other districts use Development Fees, as well as legislative nr000sals for alternative uses of develov- ment fees. A future report to the District's governing board on this sub= ject is anticipated. Aside from in -lieu agreements (discussed later in this section of the report) Development Fees are the exclusive means of mitigating the impaction of new residential development within the Lodi Unified School District. The District is currently re -studying the entire area of the im- paction of residential development on the School District as a result of -in- creasing information from other districts, the California Associ: tion of School Business Officials, and the State legislature; rece-it interpretations of State legislation; and recent court cases (including a significant case at the appellate level in El Dorado County). Additional information in this area will also be presented to the Board in the aforementioned report. Any cmisideration of mitigation nx st be made in relation to the District's" long-term plans for student housing. This is to be detailed in the revised Facility Master Plan which is -cur_Pntly underway. 10 EXHIBIT F LODI UINIFIED SCHOOL DISTRICT DENSLOpt1w FR., XPENDITM FM now t b� FEE REVENUE RECEIVED BY DEVELOPMEXT• REVENUE BROUGHT Ii7RW,1%D OAKWOOD 16.000 NEM MI 4,783 ELKKAtN 4 000 PARKIA E 7,360 HBUTAIE 4,661 REVENUE 70 CARRY MrMARD DECO" RANCH $2.400 6 5 8,400 DMIDGE PLACE $13,000 4.661 13,339 S 3,000 9 600 12,600 $ 2,400 6,711 9,111 M.SUUUL ST. S 1,200 1,200 WINCHESTER ACRES 21 236 21 236 ODLOKIM: ESTATES S 1,470 (-12,135)CDUNTY--LOOI R)X CREEK 6,!43 6,143 MGT--- 1 200 1 100 TOKAY 2,820 Z'820 FORM-HXISflf7N-LODI HIM $ 2,600 600 3,200 Cowt`1- TOKAY 780 780 RIVER HFADOWS $ 780 780 EXPENDITURES $32,148 16,000 4,798 4,000 7,360 -0- ,W.V11T LM IV L~I FORWARD 70 1982-83 $70,144 REVENUE RECEIVED 4TH QUARTER 1981-E2 S 31,850.00 RF VENAE FORWARD FAY. IST 3 QUARTERS 1981-8Z +42'95S.00 TOTAL REVENUE AVAILABLE 47H QUARTER 1981-82 $ 74,805.00 REVENUE SPENT 4TH QUARTER 1981-82 - 41661.00 BALAM E n CARRY FORWARD 70 1962-83 f 70.144.00 TOTAL 1981-82 EXP'E7DI URES kHAAINING UNPAID AT 4TH QUARTER 1981-E2 $ 36,809.00 TOTAL REVENUE S nM 4TH QUARTER 1981-8Z - 4,661.00 UNPAID EXPEFDTTURES FOR 1981-82 YEAR 5 32,148.00 (NFO Eligible Funds) 'SFE SEPARATE LISTING FOR ATTENU NCZ AREA AND/OR SCHOOL SERVING EAOF SUBDMSION (1) FEES COLLECTED IN MM BY CITY OF STU'a-M AND REMMED .; E N EXHIBIT G LORI UNIFIED SO M DISMICf EXPPNDTRBtF.S BY SCHMI, ATIF14alNi E AREA FEE REVENUE RB(ETV® REYB�IE BY DEVEIj0PV4W 880X1 Oakwood Needham MDrada Elkhorn Davis Parklane Tokay Woodbridg# Heritage To: REMM TO CA1�Y FOO( 4tD 16,000 4,785 23,990 4,000 8,487 16,000 16,OOC 12,2.11 4,661 79 AQ .A; S 6,400 1,400 CAPGRnn PLACE 518,000 4,661 13,359 iA10" M VILLAGE - 112,600 12,600 PIILI.Sk= S1S,400 5,922 12,211 9,111 WD. SCWOL ST. 01" S 1,200 1,200 111miW-51 M ACRES $18,800 2,436 11,236 QOI.t'1*IIAL ESTATES (1) -$10,665 10;665 FOX CREEK $54,620 23,990 8,487 16,000 6,143 PMMA ESTATES S 5.880 S,88o -0- SUMEsR PLACE S 2,760 2,760 .0 - CMM - Lodi High 1,200 1,200., O"fry - Dais. KV", TOKAY $ 2.820 2,320 EXHIBIT G cont'd UJOI UNIFIED S(ICOL DISMICr Page 2 of_l DEVELOPMEW FEE REVFM)E/EXFEN 17M ACMWING FM FEE REVENUE RECEIVED EXPEBDITIWS BY SGM ATTENDANCE AREA BY DEVEIDP14fwr REVENUE BAOUCM• Oakwood Needham 1.lorada Elkhorn Davis Parklane { Tokay Noodbri HeriuBe TO: TO CJIRRY FOWARD 16.000 4,788 23.990 4.000 HXIS CN, LORI Him - $ 2,600 600 3.200 aXWN - LtVBOAA. MORADA, 1MY S 780 790 RIVER MEAD01MS _ ?80 780 INTEREST $7,298. SS 7,298.SS -0- "UNPAID EXPENDIMIE.S $32,148 16,000 4,188 -0- 4,000 -0- 7,360 -0- -0- -0- -0- gF.VDM TO CARRY ii1MP" TO 1982-83 70,144 RFVENt1E tT,:Mt t?D 1981-82 - $141,273.55 mrAL maevP1Uts Ka 19ai-az $106,137.00 REVM FMARD FROM 1980-81 - 10,158.00 FUNDS APPLIED TO EXPENDITURES 1979-80 + l,299.S5 'NOTAL REVPMIE ON BAND 1981-82 - $1S1,431.5S $113,43S.SS REVEKvE SPEW 1981-82 --81,187.SS EXPENDMWES PAID KITH-DEVEIAPHW FEES - 818287.SS BALANCE TO CAM FORMARD POR 1982-83 - $ 70.144.00 UNPAID EWE DTTtM (No Eligible bads) $ 32,145.00 • SEE SEPMTE LISrIN*G MR ATIENDANm AREA AND/OR SGWL SERVING EACH SUBDIVISION (I) PEES (bId.EC,'m IN ERROR BY CITY OF STYX. rm AND REI?lu mm A EXHIBIT H LODI UNIFIED SCUNIOL DISTRICT DEVELOPMENT FEE REVENUE/EXPENDITURE ACCOUNT FONN FEE REVEINIE amfvE0 9f IEVELOPIENT arm" DavisElkfiorn Henderson Heriur I latkeford Nwdhm Nichols0�lmood Partlan. Mbsads Sr. Elan. Lodilligh lbkar lbod- 9N[RN7Q (1) (1) (1) (1) (1) (1) (1) (1) (1) (I) (1) (1) (1) (2) bridge MANOR MINIM 11.219 122.239 14,01S 1,261 1,319 4,727 16,377 11.350 1!,637 17,050 24.60S 4,261 3.271 36.393 5.261 IOIOtflND AMM 79MACS 900 2,300-0- 9 KWM RANM 200 8.400 11,350 6.M I-0- O*Ntmm PLACE 13 13 310 -0- 1JItlsst� 200 12,600 1,161 16 N04 3.M 4Z,S3S 8.712 1HLmt1LlJ COMM 200 1 200 -0- PA1/3 W OM �- 600 416 194 Fi181p� 1,400 1 600 .0- 0-/ 4.2,61 261 3S 339 M1l�BSTEE AUalS 21,2361 21 236 CiT10QA9:9� S.4 (S) -10 66S -S 23C t3�i FAMMA Orr* Dr.) IM 103 CROOK .o- IWAM's 999�1Tf 1.040 PAU M M4rXM9 �p2 i UA K Q x A g MINIM I MINNIE tMEN 11111 oil $65 15 EaQ-IIM I 0 DEVELOPMENT FEES TOTAL REVENUE AND EXPENDITURES• CITY OF LODI •Through March 1983 TOTAL AMOUNT COLLECTED SCHOOLS AND AMOUNT TOTAL BALANCE OF UNUSED SUBDIVISION 1979-83 OF FUNDS EXPENDED AMOUNT SPENT DEVELOPMENT FEES AARON TERRACE t 2.800.00 Sr. Elem. S 2,800.00 t 2,800.00 t -0- BECKMAN RANCH 17,600 Nichols 11,350.00 Tokay High 6,250.00 17,600.00 -0- CAMBRIDGE 58,800.00 Tokay 54,139.00 Heritage 4,661.00 ; S8,800.00 -O- LAKESHORE 60,800 Tokay 16,804.00 Sr. Elea. 1,461.00 18,265.00 42,535.00 MILLSPOOD 34,400.00 Moodbridge 25.688.00 25,688.00 8,712.00 NO. SCHOOL ST. 1,100.00 Moodbridge CONDOS 1,200.00 1,200.00 .0- PALOMAR DRIVE 600.00 Lodi High (Millsvood) 416.00 416.00 184.00 PINEWOOD 1,600.00 Lodi High 1,600.00 1,600.00 .0- STONETREE 39.600.00 Heritage 4,761.00 4,261.00 3S,339.00 WINCHESTER ACRES 34,800.00 Tokay High 13,564.00 13,564.00 21,236.00 TOTAL LODI $2S2,200.00 $144,194.00 $144,194.00 $108,006.00 •Through March 1983 EXHIBIT J DEVELOPMENT FEES TOTAL REVENUE AND EXPENDITURES• CITY OF STOCKTON 1Deficit balance is due to City of Stockton collecting.fees in error and then refunding developers. r *Through March 1983 LI TOTAL AMOUNT COLLECTED SCHOOLS AND AMOUNT TOTAL BALANCE OF UWJSED SUBDIVISION 1979-83 OF FUNDS EXPENDED AMOUNT SPENT DEVELOPMENT FEES CLAIRMONT $ 47,610.00 Parklane = 43,660.00 Tokay 3,950.00 f 47,610.00 -0- COLONIAL ESTATE 247,OOS.00 Elkhorn Mini S3,72S.00 Elkhorn 12,821.00 Oakwood 18S,709.00 2S2,25S.00 (IS,2SO.00)1 FALCON CREST 4,160.00 Elkhorn 4,160.00 4,160.00 -0- PDX CREEK 124,495.00 Davis 14,630.00 Parklane 69,675.00 Morada 23,990.00 Tokay 16,000.00 124,49S.00 -0- HARPERS FERRY 1,040.00 Oakwood 1,040.00 1,040.00 -0- PALOMA ESTATES 9,260.00 Parklane 9,260.00 9,260.00 -0- SUMMER PLACE 2S,110.00 Parklane 2S,110.00 25,110.00 -0- TOTAL STOCKTON s458,6E0.00 ;463;930.00 $463,930.00 (SS.2SO.00)1 1Deficit balance is due to City of Stockton collecting.fees in error and then refunding developers. r *Through March 1983 LI DEVELOPMENT FEES TOTAL REVENUE AND EXPENDITURES* SAN JOAQUIN COUNTY SUBDIVISION TOTAL A14DUNT COLLECTED 1979-83 SCHOOLS AND AMOUNT OF FUNDS EXPENDED TOTAL AMOUNT SPENT BALANCE OF UNUSED DEVELOPMENT FEES CVUNTRY VIEW ESTATES S 1,560.00 Woodbridge S 1,560.00 : 1,560.00 -0- RIVER MEADOtfS 1,560.00 Lodi High 58.00 Woodbridge 1,502.00 1,560.00 -0-' INDIVIDUAL PERMITS LODI HIGH AREA 4,400.00 Lodi High 1,200.00 Lockeford 3,200.00 4,400.00 -O- INDIVIDUAL PERMITS TO[AY HIGH AREA 22,320.00 Morada 9,060.00 Davis 3,860.00 Tokap 9,400.00 22,320.00 -0- TOTAL S 29,840.00 S 29,840.001 S 29,840.00 -0- *Through March 1983 Q. l J In -Lieu Agreements During the time that Development Fees were impounded, Developers entered into "in -lieu of development fee" agreements with the District to assure that the District received fees or a dedication of land to assist in mitigating the anticipated impact of the proposed residential development. The District has continued to encourage Developers to willingly enter into these agreements with the District so that funds generated could be used for long-term solutions to the housing problems and not just the short-term interim solutions. This is becoming particularly important as it becomes more difficult to obtain State funding for new school construction, and as the State imposes District fund -match requirements. 'Deere are presently 11 in -lieu agreements operative, including one for partial payment of the Clairmont School Site. The District has agreements for the fol- lowing developments: Dermis Noble (Zinfandel Estates) - Stockton Cook -John Development (Willow Brook) - Stockton Eilers Annexation - Woodbridge Woodbridge Greens - Woodbridge Nona Annexation - Lodi Park West - Lodi Filley Ranch (Sun West M4) - Lodi Barnett -Range (Fox Creek 11 $ 12) = Stockton Lobaugh - Lodi Joaquin Murietta - Stockton Barnett -Range (Clairmont) - Stockton To date, no direct -agreement fees have been received, with the exception of the Clairmont Subdivision where the fees will be reimbursed to the developer after receipt from the City in conformance with the agreement of sale for the school site. The District is currently reviewing a draft agreement for Grupe Cam nities' Lakeshore Village and,as a matter of procedure, all develop- ers are contacted upon District notification of a proposed development. Since no fees have been collected by the District as a result of agreements, there is no expenditure plan and the administrative procedures for coordination with the affected jurisdictions have not been tried. It is noted, however,. that the City of Stockton requires that reference to anything in-lieu.`of pay- ment of Development Fees through the City must be made a condition of the Tentative Subdivision Map at the time of approval. In general, the District has preferred the receipt of fees instead of land dedication, primarily be- cause of the immediate need for the fees and the difficulties in establish- ing a time for construction of a school. Location has also been a primary consideration. This does not mean that the District would not prefer dedca- tign in the future, depending upon circumstances. A sample of a generalized agreement sent to developers for their review is included in this report as Appendix B. 19 R STUDENT HOUSING UPDATE The final section of this report is intended to provide all interested parties an update on other means of housing students in the District's educational pro- grams that are currently being pursued. The Lodi Unified School District is actively pursuing solutions to existing and projected student housing inadequacies on two fronts. First, the District is continuing to pursue permanent facilities with applica- tions for seven new schools and expansion of three others through the Leroy F. Greene Lease-7urchase Program of 1976, and second, the District is making every effort to house children in an interim basis with minimal adverse im- pact on the educational program. Perdanent Facilities Since last year, site work at the Stonewood School site in north Stockton has been nearly completed with arrival of the eight relocatable classrooms antici- pated by fall of 1983. Plans have been completed and approved by the State for construction of Clairmont Elementary School (north Stockton), Washington School Developmental Center for the Handicapped (Lodi), and permanent buildings at Stone- wood. All of the projects are ready for construction; however, funds are not available until the sale of another $75 million in Proposition 1 (November 198,2) bonds. Although the Committee charged with bond sale recommendations has givah the go-ahead to sell the bonds, the State Treasurer is not expected to do sour til the fall or early winter of 1983. One hundred and twenty-five mill ion°dollars in Proposition 1 bonds have been sold to finance already -approved projects whose funds were transferred by the Governor and the Legi.slatuiv to thii.StatilGeheral Pund in the February, 1983, budget balancing legislation. The site'..work `and �::re- locatable buildings at Stonewood School were included in an earlier rt;on- ment and encumbered by contract prior to the transfer. Upon sale ofat a bonds, Lodi Unified expects full funding of the projects ready for constructioan...The Disirict has received Phase II approval for the new Middle School' (north -:,V; ".'*'tonY with apportionment to be made from existing cash -on -hand or from the fo�Wng bond monies. Preliminary planning money has been received for the permanent buildings at Oakwood (north Stockton.), English Oaks Elementary School and�Holt Elementary School (north Stockton). Revisions in the District's''aonli cation and priority points have resulted in a temporary hold on these projects. It is anticipated that sufficient eligibility will be generated..in.'the 1411"Of 1983 to proceed with the plans for these projects. Educational specifications,: site selection, and preliminary plans are in -process for the new higi...." pool and the new continuation high school, both to be located in north Stockton. - Alternatives An important consideration in determining the host reasonable housing alter- native is the neighborhood school concept. Also important is the equal load ing'policy which causes all schools throughout the District, within a given grade span, to house the same proportion of students relative to capacity, . where practical. Equal loading is a concept that works well in an urban area but; provides extraordinarily long bus rides for students when the`area_of N 21 :i t t Impaction and growth is substantially removed from the area where classrooms are available. As growth continues and the ^;chools become overcrowded before neer facilities can be constructed, the District has considered and will con - tine to consider the following alternatives: Busing: Busing is used as an interim process to implement the equal load policy. The Board finds that no pupil should he bused from his attendance area, but if necessary, never more than 10 miles from the "full" sclml to the school of redirection. Double Sessions - Elementary Schools: Double sessions in the primary grades retain the same amount of in -class, time. In each of the instructional sections, double sessions are pet= ceived as being disadvantageous to the students attending school in the p.m. shift. The fabric of society rejects the concept of young childten , being in school from 12:30 p.m. to 5:00 p.m. followed by what may.be.A- extended period of time on the school bus. Older children -(above gra . 4) lose a significant amount of instructional time through the device of,, double sessions; therefore, it is not considered feasible for the.inter- mediate grades. Double sessions are perceived as being acceptable:on,.an extremely short-term measure for grades 1-3 pupils. Extended Day Programs - High Schools: Programs in the early morning or in the late afternoon may be devised'to utilize a high school plant at above -normal carrying capacity. SmA pro - lrms are found to have relatively small pupil/parent ;interest, are.n tl.. s conducive to intergration with established busing schedules, snd ate.not, a viable answer to impaction. School Boundary Realignment: This device has been used to accomodate growth in an ianediately adja cent attendance area. Where growth is scattered or substantially re -t. moved from school houses with room available, .realignment Boundaryis ineffect Ire . Boundary realignment is not a viable permanent solution`s that al ready accomplished consider the M considering growth rate of the several atfeanoe=> areas in this district and their close pmuimity.to each other. A:de,: ammation of territory (formation of a new district or' transfer. of ter ritory to an existing neighboring district) is not considered a political reality Year -Round grhools: A year-i3'ound school progr= could have the potential of increasing able cla:ssrooem space by 18% to 2Si. Over the last two; years DJst#ct`' staff, Board members, and the Year -Round School Committee met and studied the appriateness of Year -Round School in Lodi Unified and to determine those s}wols frost suited for posy ible implementFAtion o such: a program= in this; or subsequent, school years. Meetings with parents of students in potential YRS attendw-.c:e areas were held during the ,last.. sdv»61-year. 22 t� In some cases parents were polled in writing. Based on constituent disapproval the governing Board set aside consideration of YRS in all areas except the "greater" Elkhorn Attendance Area. As an aside, it has been found that many districts that had year round schools have returned to conventional scheduling, and all districts with year-round school have indicated that the program will not work unless it has significant parent support, which is not present in Lodi Unified School District. State Lease Emergency Classrooms: Assembly Bill 8, signed by the Governor on July 24,'1979, enacted the Emergency Classroom Law of 1979. Under this law, Lodi Unified: School District has received 84 portables. The District must qualify for re- ceipt of these units on the basis of our State School Construction Ap- plication. Separate application must be made ea,.h year and receipt of the units is subject to availability. This program has provided the most significant relief to Lodi's overcrowding. situation. These units are subject to recall by the State of California should there be a greater need elsewhere in the State. These units can be used for regu- lar classroom programs only and must be loaded at the rate of 30 stu- dents per unit. Although the units are quite utilitarian and most sites have room on an interim basis, support facilities, such as play area; bathrooms, cafeteria, multi-purpose room, lockers, etc., are taxed well ` beyond capacity with the additional classroom units. Trailers: The District currently leases a number of trailers to house special edti►- cation programs. The capacity of these units is approximately 1Z'`stu dents and the lease and setup costs are two to three times: "t3ie ,cost of ; the State portables. The District will attempt to. phase out"a11 tra". in favor of State lease portables where possible. This will: require moving special education classes into regular classrooms and regular --''pro'- grams into the portables. Relocatable Units: Relocatables are herein defined as portable units.. owned by the -District. Many: of these units are more than 15 years old; however, they Misys; t quite serviceable. As a matter of policy, all new scho�';. are beAg,de- ;Y F signed with a certain number of reloeatable portabYcs:in anticipation cif a declining enrollment situation in the future. This will g3.va the District flexibility in housing students in the future..and.the:use of rF;. relocatables in the site master plan Rives the District:borii points''which can be applied towards additional square footage in permaryent buildings.. As noted earlier, these units are now included in the °District's:inven := tory of permanent classrooms. then the various older units will tie be yond repair and perhaps unsafe for occupancy has not been determined. The District currently retains these units for use wherever needed, although many of the units are basically permanent at their present to cation. 23 ±'hared Facilities: Other alternatives that are in use in other Districts i&lude the:use of school, bu4lldingz3 in adjoining districts which are not needed, by -that district. .:.This is not considered a viable alternative for Lodi as lacdii- ties in all adjoining districts, except Stockton Unified, are--used,-to .:the..maximsn extent. The Stockton Unified facilities within a reasdnab3e •distance.of Lodi Unified also do not have surplus capacity, while vacant classrom..'space is not located within a reasonable transportation dis- tance. - 24 I 12 APPENDIX A STATE CODE 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 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 condi- tions of overcrowding in existing school facilities which cannot be alleviated under existing law with- in a reasonable period of time. (e) That, for these reasons, new and improved methods of financing for interim school facilities necessi- tated by new development are needed in California. (Added by Stats. 1977, Ch. 955.) 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 eval- uated 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. (Added by Stats. 1977, Ch. 955.) 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 discre- tionary 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: 2 Policy Local findinp Development P"*WAUd unless firWhW made _, Esoo"pdaons (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 judg- ment cf 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. (Added by Stats. 1977, Ch. 955.) Oelinitkm 63973. 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 temporary -use buildings owned by the school district will be used. (c) "Residential deve!opment" means a project contain- ing 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. (Added by Stats. 1977, Ch. 955.) faerim facilities 63971,. For the purpose of establishing an interim method of provided by providing classroom facilities where overcrowding conditions exist, doth mflon or fee as determined necessary pursuant to Section 65971, and notwith- as condition a standing Section 66478, a city, county, or city and county may, by amr4mal 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 dedi- cation 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 class- room 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 elemen- tary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; provided, the fees shall not exceed the amount necesary to pay five annual lease payments for the interim facilities. In lieu of the fees, the builder of a residential development 2E i` n Limitation on 65979. One year after receipt of an apportionment pursuant to interim facilities 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) for the construction of a school, the city or county shall not be permitted thereafter, pursuant to this chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential k:evelopm"t, to levy any fee or to require the dedication of any land within the attendance area of the district. However, any time after receipt, of the apportionment there may be a determination of overcrowding pursuant to Section 63971, if there is the further finding that (1) during the period of construction additional overcrowding would occur from continued residential development, and (2) that any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the addl- tional overcrowding prior to the school being available for use by the school district. Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication. (Amended by Stats. 1980, Ch. 1354.) Definition of interim 65980. For the purposes of Section 65974, "classroom facilities," facilities "classroom and related facilities," and "elementary or high school facilities" mean "interim facilities" as defined in this section and shall include no other facilities. Interim facilities for the purposes of Section 65974 sl�all be limited to the following: (a) Temporary classrooms not constructed with perma- nent foundation and defined as a structure contain- ing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school. (b) Temporary classroom toilet facilities not construct- ed with permanent foundations. (c) Reasonable site preparation and installation of tem- porary classrooms. (Amended by Stats. 1980, Ch. 1354.) Recommendation on fees 65981. If an ordinance has been adopted pursuant to Section 65974 which provides for the school district governing body to recommend the fees for providing interim facilities that are to be assessed on a development as a conoaition 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 the issuance of the initial permit for the development. Failure to provide the recommendation of fees to be assessed within the 60 -day period shalt constitute a waiver by the governing body of the school district of its authority to request fees pursuant to this chapter. (Added by Stats. 1979, Ch. 282. Effective July 24, 1979.) ;I 141 Limitation on 65979. One year after receipt of an apportionment pursuant to btterim facilities the Leroy F. Greene State School Building Lease -Purchase Law of 1976 (Chapter 22 (commencing with Section 17700 of Part Ito of the Education Code) for the construction of a schooi, the city or county shall not be permitted thereafter, pursuant to this chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential development, to levy any fee or to require the dedication of any land within the attendance area of the district. However, any time after receipt> of the apportionment there may be a determination of overcrowding pursuant to Section 63971, if there is the further finding that (1) during the period of construction additional overcrowding would occur from continued residential development, and (2) that any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the addi- tional overcrowding prior to the school being available for use by the school district. Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication. (Amended by Stats. 1980, Ch. 1354.) pnoedtion. of hvtwirn 65980. For the purposes of Section 65974, "classroorn facilities," fa�Cili� "classroom and related facilities," and "elementary or high school facilities" mean "interim facilities" as defined in this section and shall include no other facilities. Interim facilities for the purposes of Section 65974 shall be limited to the followiig: (a) Temporary classrooms not constructed with perma- nent foundation and defined as a structure contain- ing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school. (b) Temporary classroom toilet facilities not construct- ed with permanent foundations. (c) Reasonable site preparation and installation of tem- porary classrooms. (Amended by Stats. 1980, Ch. 1334.) ' -4AWn at fees 65981. If an ordinance has been adopted pursuant to Section 65974 which provides for the school district governing body to recommend the fees for providing interim facilities that are to be assessed on a development as a condition of city or county approval of a suh:11vision, such recommendation shall be required to be submitted to the respective city or county within 60 days following the issuance of the initial permit for the development. Failure to provide the recommendation of fees to be assessed within the 60 -day period shall constitute a waiver by the governing body of the school district of its authority to request fees pursuant to this chapter. (Added by Stats. 1979, Ch. 282. Effective July 24, 1979.) '3 05 APPENDIX B SAMPLE IN -LIEU DEVELOPMENT FEE AGREEMENT This AGREEMENT, made and entered into this day of by and between having its principal place of business in California (hereinafter, "DEVELOPER") , and LODT UNIFIEU_=OOI. DISTRICT OF SAN JOAQUIN COUNTY, a Political SubJivision of the State of California (hereinafter, "LODI UNIFIED"). W I T N E S S E T H These parties hereto acknowledge and mutually agree that: 1. During a period covering approximately years, Developer plans to construct approximately rest ential units within the district governed by Lo -3i Unified, as part of a project commonly known as consisting of approximately acres located in the _ of San .Joaquin County, California. 2. Construction of said residential units will cause increased enrollment in the district, compounding the current problems faced by Lodi Unified in providing facilities for students. 3. Developer desires to alleviate the impact upon Lodi Unified of said anticipated increase in enrollment. 4. The real property constituting the site upon which the here- tofore mentioned project is to be constructed is more particu- larly described as: (insert legal description) S. Lodi Unified has no objection to Developer's project; provided the Developer make a reasonable and approp- riate contribution to mitigate the impact that the project may have on Lodi Unified. 6. Developer shall make such reasonable and appropriate contribution to mitigate school overcrowding by either,at the election of Lodi Unified: (a) Depositing with Lodi Unified an amount equal )y �� to, and in lieu of, any sums prescribed to be deposited for such residential development by Ordinance Number , of the Code, commonly referred to os the "School Facilities Dedication Ordinance." (1) It is understood by the parties hereto that the fee schedule, under the provisions of said ordinance, is set by the periodically by resolution. (2) The rate of fees applicable to this Agreement shall be the rate in effect on the date payment becomes due under the terms of this Agreement. (3) In no event shall the fees exceed two percent (2$) of the actual construction cost of the Developer. (4) In the event that said Ordinance is declared unconstitu- tional by any court of law having iurisdiction over the the applicable rate of fees shall be the last rate set by prior to the effective date of the Court's ruling. Said declaration of unconstituti)n- ality shall have no force or effect upon Lodi Unified's ability or right to collect the fees set by this Agreement. (S) Said fees shall be due and deposited with Lodi Unified at such time as Develoner or builder shall be in a position to receive from the all building permits for residential structures necessary for the construction of buildings on such portion of the development as Developer or builder is then currently planning. (b) Upon receipt of the fees provided for by this Agreement, Lodi Unified shall notify the of its receipt thereof and request that the Developer or builder be exempt from any fee imposed upon the same residential units by Ordinance Number (7) In the event that the shall collect any fees under said ordinance, upon residential units for which Developer has already paid a fee under this Agreement, Lodi Unified shall reimburse Developer for any duplication of payment based upon the same residential units and in no event shall Lodi Unified collect the fee both under said Ordinance and this Agreement. (b) Providing for, and dedicating, a(n) school site for the benefit and use of Lodi Unified. (1) It is understood by the parties hereto that such a school size must be approved by various State agencies, including the Bureau of School Planning. (2) In no event, shall the total area of .aid school site exceed acres. 30 7. In the event that school facilities are constructed with proceeds from the sale of bonds and/or levy of a special override tax by Lodi Unified eliminating the student housing shortage caused by Developer's project prior to completion of said project, Developer shall be released from its obligation under this Agreement, and shall be refunded all unexpended monies then on deposit with Lodi Unified. 8. In the event that the Developer should breach any term of this Agreement, Lodi Unified reserves the right to notify the of said breach and request that the withdraw approvals until Developer agrees to remedy tFie breacTi— or otherwise mitigate the impact of its project on Lodi Unified's overcrowded classroom conditions. Lodi Unified's reserved right under this; paragraph shall be in addition to, and shall in no way preclude, its right to pursue other lawful remedies for breach of this Agreement. 9. Lodi Unified shall record a copy of this Agreement in the Offi- cial Records of San Joaquin County. From and after the date of such recording, the obligation to pay any fee under this Agreement shall constitute a lien on the title to each resi- dential unit contained in the Development until such time as the lien is extinguished y payment of the appropriate fee(s). Lodi Unified shall execute appropriate releases for each residential unit upon receipt of fees pursuant to this Agreement. 10. In the event any portion of this agreement shall be found or declared by a court of competent jurisdiction to be invalid, the remaining terms and conditions hereof not expressly declared invalid shall remain in full force and effect. A legislative or judicial amendment or declaration altering or eliminating the authority conferred upon the by the provisions of Government Code Section 3!; , et seq., or otherwise declaring the School Facilities Dedication Ordinance to be invalid, shall not affect the rights and obligations created by this Agreement, except as specifical- ly provided hereinbefore. 11. In the event that either party to this Agreement resorts to litigation to enforce the terms and conditions hereof or to seek declaratory relief or to collect damages for breach hereof, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees. 12. All notices and payments to be given or made under this Agree- ment shall be in writing and shall be delivered either personally or by first - class United States mail, postage prepaid, to the following persons at the location specified: FOR THE DISTRICT Facility Planner Lodi Unified School District 815 West Lockeford Street Lodi, CA 95240 31 FOR THE DEVELOPER 13. TERM. This Agreement shall be effective the date first above written and shall terminate upon completion of the construction of the final residential unit in the project, unless otherwise agreed by the parties. 14. MODIFICATION,. This Agreement contains each and every term and condition agreed to by the parties and may not be amended except by mutual written agreement. (other terms as agreed by District and Developer) IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first written above. Approved as to Form eputy County Counsel Date 32 By - Hereinabove Called "DEVELOPER" LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY, a Political Subdivision of the State of California By Ellerth E. Larson, uperinten ent - Hereinabove Called "LODI UNIFIED"