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Home My WebLink AboutOroville Union High School District - Reso Increasing School Facilities Fees BUTTE COUNTY ADMINISTRATION ,Z*,,21111111'1'"11 41):„;1 „,u„ AUG 2 g1i 2018 ,;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;:i DROVILLE,CALIFORNIA OROVILLE UNION HIGH SCHOOL DISTRICT Est,1892 2211 Washington Ave, Oroville, CA 95966 (530)538-2300 Business (530)538-2308 FAX-Dist.Office (530)538-2357 FAX-Supt.Office Superintendent August I 7, 2018 (530)538-2300,ext. 1107 Asst. Supt.of Business (530)538-2300,ext. 1103 Butte County Board of Supervisors Director of Alternative Education 25 County Center Drive #205 (530)538-5350 Oroville, CA 95965 Educational Services (530)538-2300,ext, 1104 To "Whom It May Concern: Las Pi Ld rtll S gh School Enclosed you will find a resolution authorization the adjustment of 2380 Las Plumes Avenue OrovilleCA 95966 developer fees, effective October 15, 2018, approved by the governing , (530)538-2310 board of the ()ravine Union Ifigh School District at its August 15, 2018 Fax: (530)534-5974 board meeting. The collection of fees is not subject to restrictions set forth in Government Code Section 66007(a). Oiovi0to High Defined Please call me at 538-2300 ext. 1103 with any questions. 1535 Bridge Street Oroville, CA 95966 Sincerely„ (530)538-2320 Fax: (530)534-6203 ,1 /(---)7,4' 0/6"( 04 Day School 21"--t 6Z,,f Prospect Hngh Schoo0/ Susan M. Watts, CMA, CPA Cori'imunity 2060 2nd Street Assistant Superintendent of Business Oroville, CA 95965 (530)538-2330 Fax: (530)538-2338 Oloville Ad LI I Education') Career 8, 0echnnca0 Coninter 2750 Mitchell Avenue Orovine, CA 95966 (530)538-5350 Fax: (530)538-5396, RESOLUTION NO. 4-18/19 (August 15,2018, Regular Meeting) A RESOLUTION OF THE GOVERNING BOARD OF THE OROVILLE UNION HIGH SCHOOL DISTRICT INCREASING SCHOOL FACILITIES FEES AS AUTHORIZED BY GOVERNMENT CODE SECTION 65995(b)3 WHEREAS, Statute AB 2926 (Chapter 887/Statutes of 1986)authorizes the governing board of any school district to levy a fee, charge, dedication or other form of requirement against any development project for the reconstruction of school facilities; and, WHEREAS, Government Code Section 65995 establishes a maximum amount of fee that may be charged against such development projects and authorizes the maximum amount set forth in said section to be adjusted for inflation every two years as set forth in the state-wide cost index for Class B construction as determined by the State Allocation Board at its January meeting; and, WHEREAS, at its January 24, 2018, meeting, the State Allocation Board approved the maximum fee authorized by Education Code Section 17620 to $3.79 per square foot of residential construction described in Government Code Section 65995(b)(1) and $0.61 per square foot against commercial and industrial construction described in Government Code Section 65995(b)(2);and, WHEREAS, the purpose of this Resolution is to approve and adopt fees on residential projects in the amount of up to$2.53 per square foot as authorized by Education Code Section 17620;and, WHEREAS, the purpose of this Resolution is to approve and adopt fees on commercial and industrial development projects in the amount of up to $0.61 per square foot as described in Government Code Section 65995(b)(2). The mini-storage category of commercial/industrial justification has less impact than the statutory $0.61 per square foot commercial/industrial justification and should be collected at the justified rate of$0.04 per square foot. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Board of the Oroville Union High School District as follows: 1. Procedure. This Board hereby finds that prior to the adoption of this Resolution, the Board conducted a public hearing at which oral and written presentations were made, as part of the Board's regularly scheduled August 15,2018,meeting. Notice of the time and place of the meeting,including a general explanation of the matter to be considered, has been published twice in a newspaper in accordance with Government Code Section 66016, and a notice, including a statement that the data required by Government Code Section 66016 was available, was mailed at least 14 days prior to the meeting to any interested party who had filed a written request with the District for mailed notice of the meeting on new fees or service charges within the period specified by law. Additionally, at least 10 days prior to the meeting, the District made available to the public, data indicating the amount of the cost, or estimated cost,required to provide the service for which the fee or service charge is to be adjusted pursuant to this Resolution, and the revenue sources anticipated to provide this service. By way of such public meeting, the Board received oral and written presentations by District staff which are summarized and contained in the District's Developer Fee Implementation Study dated June 26, 2018, (hereinafter referred to as the "Plan")and which formed the basis for the action taken pursuant to this Resolution. 2. Findings. The Board has reviewed the Plan as it relates to proposed and potential development, the resulting school facilities needs,the cost thereof, and the available sources of revenue including the fees provided by this Resolution, and based thereon and upon all other written and oral presentations to the Board,hereby makes the following findings: A. Additional development projects within the District, whether new residential construction or residential reconstruction involving increases in assessable area greater than 500 square feet, or new commercial or industrial construction will increase the need for reconstruction of school facilities. B. Without reconstruction of present school facilities, any further residential development projects or commercial or industrial development projects within the District will result in a significant decrease in the quality of education presently offered by the District; C. The fees proposed in the Plan and the fees implemented pursuant to this Resolution are for the purposes of providing adequate school facilities to maintain the quality of education offered by the District; D. The fees proposed in the Plan and implemented pursuant to this Resolution will be used for the reconstruction of school facilities as identified in the Plan; E. The uses of the fees proposed in the Plan and implemented pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed; F. The fees proposed in the Plan and implemented pursuant to this Resolution bear a reasonable relationship to the need for reconstructed school facilities created by the types of development projects on which the fees are imposed; G. The fees proposed in the Plan and implemented pursuant to this Resolution do not exceed the estimated amount required to provide funding for the reconstruction of school facilities for which the fees are levied; and in making this finding, the Board declares that it has considered the availability of revenue sources anticipated to provide such facilities, including general fund revenues; H. The fees imposed on commercial or industrial development bear a reasonable relationship and are limited to the needs of the community for schools and are reasonably related and limited to the need for reconstructed school facilities caused by the development; 1. The fees will be collected for school facilities for which an account has been established and funds appropriated and for which the district has adopted a reconstruction schedule and/or to reimburse the District for expenditures previously made. 3. Fee. Based upon the foregoing findings, the Board hereby increases the previously levied fee to the amount of up to $2.53 per square foot for assessable space for new residential construction and for residential reconstruction to the extent of the resulting increase in assessable areas; and to the amount of up to $0.61 per square foot for new commercial or industrial construction. The mini-storage category of commercial/industrial justification has less impact than the statutory $0.61 per square foot commercial/industrial justification and should be collected at the justified rate of$0.04 per square foot. 4. Fee Adjustments and Limitation. The fees adjusted herewith shall be subject to the following: A. The amount of the District's fees as authorized by Education Code Section 17620 shall be reviewed every two years to determine if a fee increase according to the adjustment for inflation set forth in the statewide cost index for Class B construction as determined by the State Allocation Board is justified. B. Any development project for which a final map was approved and construction had commenced on or before September 1, 1986, is subject only to the fee, charge, dedication or other form of requirement in existence on that date and applicable to the project. C. The term"development project" as used herein is as defined by Section 65928 of the Government Code. 5. Additional Mitigation Methods. The policies set forth in this Resolution are not exclusive and the Board reserves the authority to undertake other or additional methods to finance school facilities including but not limited to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.) and such other funding mechanisms. This Board reserves the authority to substitute the dedication of land or other property or other form of requirement in lieu of the fees levied by way of this Resolution at its discretion, so long as the reasonable value of land to be dedicated does not exceed the maximum fee amounts contained herein or modified pursuant hereto. 6. Implementation. For residential, commercial or industrial projects within the District,the Superintendent, or the Superintendent's designee, is authorized to issue Certificates of Compliance upon the payment of any fee levied under the authority of this Resolution. 7. California Environmental Quality Act. The Board hereby finds that the implementation of Developer Fees is exempt from the California Environmental Quality Act(CEQA). 8. Commencement Date. The effective date of this Resolution shall be October 15, 2018, which is 60 days following its adoption by the Board. 9. Notification of Local Agencies. The Secretary of the Board is hereby directed to forward copies of this Resolution and a Map of the District to the Planning Commission and Board of Supervisors of Butte County and to the Planning Commission and City Council of the City of Oroville. 10. Severability. If any portion of this Resolution is found by a Court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this Resolution. The Board hereby declares its intent to adopt this Resolution irrespective of the fact that one or more of its provisions may be declared invalid subsequent hereto. APPROVED, PASSED and ADOPTED by the Governing Board of the Oroville Union High School District this 15th day of August,2018,by the following vote: AYES: 14 NOES: 0 ABSENT: I _ ABSTAIN: 0 Fres I , ing Boa Orov. e ton High Schoo r'strict ATTEST: _ Jr Secretary,Governing Board Oroville Union High School District an.... !KM>t•9t.•rar.y . hG e'` _.: A ., .., Li imi // .1�J {I----� IC.. e'r ...: . ,,. r.Vic`, ,l i 1 r j. t. . r . ..- j+ . , . -.,.v. f . ! � r-1 I. •• . --�---C-- . ---:' . --i " -- ---- . --- r r '.;..:.: ".,• e yr zr..;' I . i ., \ ;) 1 rte. ,4;'')'. .y'. A' �. s -.- j li '1V �!` , A q" -Y3-nr`., ,'rte^' �A,i'oet s, y. •`4, 17e "'F. 9., ii ), % r L =-- , *' y ' :' aa�� /) [.� FJ�• TAllillft.... iL ate_. T. ,N., .:.. -1 rf't Utz rn— I....:.... v� ° .1'.,,C -'Y �y.�+,, 11Pyll}_ 3 r` -'p^Y / 1� '7.-;� *-,),-..iii •y•j?.; .•'_• ELL pi i1 ••�..,., "L... jA orta • • a ;r•, -'4','. F�`� •1).... '..ice= ;� , ` N _ BASE MAP COPYRIGHT )4::i... . 1 .I` C . E ER I CKSON rt • +iti, ; #'' y _ .)--"------A....I, , .�- F --..i------4-,-. _,,:>--.•..i• . :_r 17, rte_. i 1 I; f . OROVILLE UNION HIGH -- 36 -- 11 LEGAL DESCRIPTION OF , OROVILLE UNION HIGH SCHOOL DISTRICT COUNTY OF BUTTE 11 BEGINNING AT THE INTERSECTION WITH THE CENTER OF SOUTH HONCUT CREEK AND THE SOUTHERLY PROJECTION OF THE WEST LINE OF SECTION 19, T17N, R4E; THENCE NORTH ON RANGE LINE 4 MILES MORE OR LESS, TO THE NORTHWEST CORNER OF SECTION 6, SAID TOWNSHIP; THENCE WESTERLY 1 MILE MORE OR LESS. TO THE SOUTHWEST CORNER 11 OF SECTION 36, T18N, ROE; THENCE NORTHERLY 100 FEET TO THE SOUTHEAST CORNER OF LOT 17 OF WATTS GRIDLEY COLONY; THENCE WESTERLY TO THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTHERLY 3/4 MILE MORE OR LESS, TO THE NORTHWEST CORNERii CIF LOT ND. 1 OF SAID WATTS GRIDLEY COLONY; THENCE WESTERLY TO NORTHWEST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE NORTHERLY ALONG HALF SECTION LINE TO THE II NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26 T18N, R3E; THENCE EASTERLY 1/4 MILE MORE OR LESS, TO THE CENTER CORNER OF SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTHERLY 3/4 MILE TO THE NORTHII - EAST CORNER OF THE NORTHWEST QUARTER OF THE NDRHTEAST QUARTER OF SAID SECTION 261--THENCE EASTERLY 1/4 MILE TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE NORTHERLY I MILE TO THE NORTHEAST CORNER OF SECTION 23, SAME TOWNSHIP; THENCE WESTERLY ALONG SECTION LINES TO THE CENTER OF FEATHER RIVER; THENCE UP THE FEATHER RIVER 4 1/2 MILES MORE OR LESS, TO ITS INTERSECTION WITH THE SOUTHERLY 11 PROLONGATION OF THE WEST LINE OF BLOCK x240 AS SHOWN ON THE MAP OF SOUTH THERMALITO RECORDED IN BOOK 2, MAPS OF RECORD AT PAGE 176, COUNTY OF BUTTE. STATE OF CALIFORNIA; THENCE NORTHERLY ALONG SAID WEST LINE AND THE WEST LINE OF BLOCKS #231 AND 11230 TO THE NORTHWEST CORNER OF BLOCK #230; THENCE EASTERLY 11 ALONG THE NORTH LINE OF BLOCK #230 TO THE SOUTHEAST CORNER OF BLOCK #211 ; THENCE NORTHERLY ALONG THE EAST LINE OF BLOCKS #211 , 204 AND 180 TO THE NORTH- EAST CORNER OF BLOCK #180: THENCE WESTERLY ALONG THE NORTH LINE OF BLOCK #180 TO THE EAST LINE OF SECTION 21, T19N, R3E (ALSO BEING THE SOUTHWEST CORNER OF11 BLOCK #176) ; THENCE NORTHERLY ALONG SAID EAST LINE TO THE QUARTER CORNER BE- TWEEN SECTIONS 21 6 22 (ALSO BEING THE NORTHWEST CORNER OF BLOCK #153) ; THENCE WESTERLY ALONG THE EAST - WEST CENTERLINE OF SECTION 21 TO THE NORTHEAST COR- NER OE THE WEST HALF OF THE SOUTHWEST QUARTER SECTION 21 ; THENCE NORTHERLY PARALLEL TO THE WEST LINE OF SECTIONS 21 , 16 AND 9, T19N, R3E, 2 1/2 MILES TO THE NORTH LINE OF SECTION 9; THENCE WESTERLY ALONG SECTION LINES 2 1/4 MILES TO THE SOUTHWEST CORNER OF SECTION 6. T19N, R3E, ; THENCE NORTHERLY 2 MILES TO THE NORTHWEST CORNER OF SECTION 31 , T2ON, T3E; THENCE EASTERLY 1 1/2 MILES TO THE QUARTER CORNER BETWEEN SECTIONS 29 AND 32, SAME TOWNSHIP; THENCE NORTH 1/2 11 MILE TO THE CENTER OF SAID SECTION 29; THENCE EASTERLY 1/2 MILE TO EAST QUAR- TER CORNER OF SAID SECTION 29; THENCE NORTHERLY 1 MILE TO QUARTER CORNER BE- TWEEN SECTIONS 20 AND 21 , SAME TOWNSHIP; THENCE EASTERLY ON HALF SECTION LINE TO THE QUARTER SECTION CORNER BETWEEN SECTIONS 21 AND 22, SAME TOWNSHIP; THENCE NORTHERLY 3 1/2 MILES TO THE NORTHWEST CORNER OF SECTION 3, THENCE EASTERLY ON TOWNSHIP LINE TO THE SOUTHEAST CORNER OF SECTION 34, T21N, R3E; . . THENCE NORTHERLY 2 MILES TO THE NORTHWEST CORNER OF SECTION 26, SAME TOWNSHIP; THENCE EASTERLY 1 MILE TO THE NORTHEAST CORNER OF SAID SECTION 26; THENCE il NORTHERLY 4 MILES TO THE NORTHWEST CORNER OF. SECTION 1 , SAME TOWNSHIP; THENCtii EASTERLY 2 MILES TO THE SOUTHEAST CORNER OF SECTION 31 . T22N, R4E; THENCE NORTH- ERLY ON SECTION LINE 9 MILES MORE OR LESS, TO NORTHWEST CORNER OF SECTION 20, T23N, R4E; THENCE EAST 2 MILES TO THE NORTHEAST CORNER OF SECTION 21 , SAME TOWNSHIP; THENCE NORTHERLY 2 1/2 MILES TO THE QUARTER SECTION CORNER BETWEEN 11.1 SECTIONS 3 AND 4, T23N. R4E; THENCE EAST ON HALF SECTION LINE 3/4 MILES MORE OR LESS, TO THE CENTER LINE OF WEST BRANCH OF FEATHEA RIVER; THENCE UP THE CENTER LINE OF SAID RIVER 4 1/2 MILES MORE OR LESS. TO THE SOUTH LINE OF SECTION 16, T24N, R4E; THENCE EASTERLY ALONG THE NORTH LINE OF SECTIONS 21. 22, 23 AND 24, II T24N, R4E; AND CONTINUING EASTERLY ALONG THE NORTH LINE OF SECTIONS' 19, 20 AND 21 . T24N, R5E; TO THE NORTHEAST CORNER OF SECTION 21 SAME TOWNSHIP AND RANGE, ALSO BEING A POINT ON THE EASTERLY BOUNDARY LINE OF BUTTE COUNTY; THENCE SOUTH- ERLY ALONG SAID EASTERLY BOUNDARY LINE TO THE SOUTHEAST CORNER SECTION 36, T2IN, R7E; THENCE WESTERLY ALONG THE SOUTH LINE SAID SECTION 36 TO THE NORTHWEST COR- NER SECTION 1 , T2ON, R7E; THENCE SOUTHERLY ALONG THE WEST LINE OF SECTIONS 1 II AND 12 SAID TOWNSHIP AND RANGE, TO THE SOUTHEAST CORNER OF SECTION II; THENCE WEST ALONG THE SOUTH LINE SECTION 11 TO NORTHEAST CORNER SECTION 15; THENCE SOUTH ALONG THE EAST LINE OF SECTIONS 15 AND 22 TO THE SOUTHEAST CORNER SECTION 22; THENCE WEST ALONG THE SOUTH LINE SECTION 22 TO THE NORTHEAST CORNER SECTION 11 28; THENCE SOUTHERLY ALONG THE EAST LINE OF SECTION 28 TO THE SOUTHEAST CORNER SECTION 28; THENCE WEST ALONG THE SECTION LINES 7 MILES MORE OR LESS TO THE NORTHWEST CORNER OF SECTION 33, T2ON. R6E; THENCE SOUTH ALONG THE WEST LINE OF SECTION 33. T2oN, R6E AND SECTIONS 4 AND 9, T19N, R6E , TO THE SOUTHWEST CORNER 11 OF LAST SAID SECTION 9; THENCE EASTERLY ALONG THE SOUTH LINE OF SECTION 9 TO THE QUARTER CORNER BETWEEN SECTIONS 9 AND 16 SAME TOWNSHIP AND RANGE, ALSO BE- ING A POINT ON TriE SOUTHEASTERLY BOUNDARY LINE OF BUTTE COUNTY; THENCE SOUTH- ERLY AND WESTERLY ALONG THE BUTTE COUNTY LINE TO THE PLACE OF BEGINNING. 111 7r N