HomeMy Public PortalAboutOrdinance 737ORDINANCE NO. 737
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ADOPTING A SCHOOL FACILITIES MITIGATION POLICY
WHEREAS, population growth in the City of Beaumont (the "City") is projected to occur
as the result of proposed development in the City which in turn will result in significant
increases in the number of students which the Beaumont Unified School District (the "District")
is required to house and educate; and
WHEREAS, the District's existing facilities are operating at, and in some cases in excess
of, capacity, and continued population growth will result in the need to enlarge existing school
facilities and construct new facilities to house the students generated from new development in
accordance with the standards required by State law; and
WHEREAS, the State of California (the "State") and the District are charged with
providing public education for K-12 school-age children residing within the District; and
WHEREAS, the State has been unable to finance adequately school facilities for the
District, which, under the provisions of Government Code Sections 52070, 65995 and 65995.3
may establish developer mitigation fees at the current rate of $2.65 per square foot for
residential uses, and $0.27 per square foot for commercial and industrial uses, may present local
general obligation bonds before the District's electorate for their approval, and undertake other
programs to provide for school facilities financing as authorized and limited by the laws of the
State; and
WHEREAS, the combination of State school bond funds, statutory developer fees, local
school bond revenues and other sources of financing have been inadequate to date and are
projected to be inadequate in the future to provide for the enlargement and construction of school
facilities sufficient to adequately house new students in accordance with the minimum standards
set forth by the State; and
WHEREAS, the School District has no school facilities available to house additional
students generated by new residential development within the City; and
WHEREAS, the current overcrowding of school facilities is resulting in the diminishment
of the quality of education available to students within the City; and
WHEREAS, overcrowding of facilities may, and if allowed to continue will, further
result in danger to the health and safety of students and school staff; and
WHEREAS, the approval of certain development without conformance with the
provisions of this Ordinance will adversely strain existing school facilities to the detriment of
the public peace, health and safety; and
WHEREAS, the inability of the District to provide for funding of adequate school
facilities will result in some schools being overcrowded, which is a potential detriment to the
public health and welfare; and
WHEREAS, new student impacts on school facilities are due primarily to growth in
general and new residential development in particular; and
WHEREAS, the City, pursuant to the California Environmental Quality Act, has the
authority and responsibility to review development proposals for impacts on school facilities; and
WHEREAS, the City has the authority to deny, condition or modify legislative acts,
including general plan amendments, specific plans or specific plan amendments and changes of
zone, if it finds that there are resulting impacts on schools that have not been adequately
mitigated; and
WHEREAS, documentation demonstrating the cost of providing school facilities for
students generated by new development is set forth in that certain report (the "Report") prepared
for the District by Wilson & Associates and presented to this City Council which examines the
impact of future development on existing school facilities and the need for new facilities, and
determines the costs of those facilities, and assigns those costs to new development on a
reasonable fair share basis; and
WHEREAS, in response to existing overcrowding and the potential negative impact of
new development on the District and the students of the District, the District has adopted its
Resolution No. 93-17 establishing the District's policy for the mitigation of school impacts
caused by new development (the "Mitigation Policy").
WHEREAS, the District and the City, on February 22, 1993, entered into that certain
Cooperative Agreement (the "Cooperative Agreement") to establish a means of implementing
the Mitigation Policy; and
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WHEREAS, Government Code Section 36937 authorizes the City to enact an ordinance
to take effect immediately if it is an ordinance for the immediate preservation of public peace,
health or safety and contains a declaration of the facts constituting an urgency, as is passed by
a four-fifths vote of the City Council; and
WHEREAS, this City Council deems it to be in the best interest of the children, parents
and citizens of the City that this urgency ordinance be enacted as part of the City's school impact
mitigation program to house and educate the significant number of students generated by new
development within the City; and
WHEREAS, the City council of the City of Beaumont finds as follows:
1. There is an anticipated need in the City for additional school facilities to
accommodate new and future residential development. Through compliance with the
Cooperative Agreement, new development will contribute its fair share toward these facility
costs and/or mitigate any adverse environmental impact of such new development on the
District.
2. Implementation of the Cooperative Agreement is necessary for new development
to be in conformance with the goals and policies of the City's General Plan.
3. The facts and evidence presented in the Report establish that there is a reasonable
relationship between the need for the described school facilities and the impacts caused by the
types of development subject to the Cooperative Agreement.
4. The cost estimates set forth in the Report represent reasonable cost estimates for
constructing the required school facilities at this time, and the funds expected to be generated
pursuant to the Cooperative Agreement will not exceed the fair share of the costs for future
developments in the City.
5. Without the enactment of this urgency ordinance, the District will be unable to
fully mitigate impacts to school facilities as development occurs, and that the resulting impacts
of such development could seriously damage school construction programs designed to alleviate
overcrowding, and that such potential damage is a current and immediate threat to the public
health, safety and welfare of the City.
NOW, THEREFORE, the City Council of the City of Beaumont hereby ordains as
follows:
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Section 1. Purpose.
Each of the foregoing recitals is true and correct. It is the intent of the City Council to
mitigate adverse impacts on school facilities caused by new development by implementing the
Cooperative Agreement. The Cooperative Agreement is intended to augment limited funding
sources presently available to the District for the purpose of providing limited new school
construction or, alternatively, to regulate new development to coincide with the availability of
adequate school facilities.
Section 2. Adoption.
The provisions of the Cooperative Agreement shall hereafter apply to new development,
as more specifically provided for therein.
Section 3. Reserved Authority.
Nothing herein shall be construed as a delegation of the City's powers and responsibilities
including, without limitation, the City's reserved right to implement revisions to the Cooperative
Agreement that have been approved by the City Council.
Section 4. Publication.
This Ordinance shall be published within 15 days after its passage at least once in The
Community Advisor, a newspaper of general circulation published and circulated in the City and
in the District.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon passage at introduction pursuant to the
provisions of Government Code Sections 36934 and 36937. In the event that this Ordinance fails
to receive four (4) affirmation votes, it shall become effective thirty (30) days after final passage
by majority vote.
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ADOPTED, SIGNED AND APPROVED this 8th day of November, 1993.
ATTEST:
C/ Clerk of the City of Beaumo , Cal"•rnia
r of the City Beaumont, California
CERTIFICATION
I, Julia White, Deputy City Clerk of the City of Beaumont DO
HEREBY CERTIFY that the foregoing Urgency Ordinance was introduced
and adopted at a regular meeting of the City Council of said City
held on the 8th day of November , 1993, upon the
following roll call vote:
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.
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PUTY CITY CLERK
ITY OF BEAUMONT
7-2-77,/ 777
COOPERATIVE AGREEMENT
BETWEEN CITY OF BEAUMONT AND
BEAUMONT UNIFIED SCHOOL DISTRICT
THIS COOPERATIVE AGREEMENT (the "Agreement") is made
and entered into as of the 22nd day of February, 1993, by and
between the CITY OF BEAUMONT, a municipal corporation and public
agency of the State of California (hereinafter the "City") and
BEAUMONT UNIFIED SCHOOL DISTRICT, a public agency organized and
existing pursuant to provisions of the Education Code of the
State of California (hereinafter the "School District").
RECITALS
A. The City and the School District recognize the
need to cooperate to implement mutually beneficial plans and
programs to insure logical and orderly economic development in
the City and the City sphere of influence, as well as the
provision of quality school facilities for City and School
District residents. Such plans and programs shall include, but
not limited to, the following:
City General Plan
City Comprehensive Public Facilities Financing Program
School District Master Facility Plan
School District application for State facility or
general obligation funding
City and School District mitigation policy and facility
contribution programs
B. The City and the School District likewise
recognize the need to facilitate implementation of the study
entitled "Use and Need for School Facility Fees in the Beaumont
Unified School District," including the December 1992 Revision to
Attachment A thereto, and to cooperate in a long term program to
provide and maintain adequate school facilities for the citizens
of the City, and recognize the need to establish funding
mechanisms to provide for the acquisition and development of new
school facilities.
C. To such end the City is prepared to take steps
described herein including the formation of a public financing
district, and specifically proceedings for the formation of
Community Facilities District No. 93-1 (hereinafter referred to
as "CFD No. 93-1"), pursuant to the Mello -Roos Community
Facilities Act of 1982, as amended, found at Section 53311 et
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seq. of the California Government Code (hereinafter the "Act"),
for the purpose of financing the acquisition and construction of
certain public services and facilities to benefit an area of land
proposed for development designated as the Project, as shown on
Exhibit "A" hereto, within the boundaries of the City, which
facilities include school facilities, as described in Exhibit "B"
to this Agreement (the "School Facilities"). While listed as
part of the CFD No. 93-1 facilities, the School Facilities may,
at the option of the School District after consultation with the
Advisory Committee described in Section 9 hereof, be financed in
whole or in part through a public financing district of which the
School District serves as the issuer.
D. The proceedings to establish CFD No. 93-1 shall
include a special election in which the qualified electors will
be asked to authorize formation of CFD No. 93-1 and the sale of
bonded indebtedness, secured by a special tax to fund, inter
alia, debt service on the Bonds. It is contemplated that bonds
will be issued pursuant to a Fiscal Agent Agreement or Bond
Indenture approved by the City Council as legislative body of CFD
No. 93-1.
E. In contemplation of the issuance and sale of
bonds, it is expected that several of the landowners and/or
developers within CFD No. 93-1 will be required to advance moneys
for the purpose of paying the costs of formation of CFD No. 93-1,
including the payment of certain costs of the City, the School
District and their respective consultants.
F. The City and the School District each have an
interest in and recognize the need for the School Facilities and
express their intent to enter into an agreement (the "Joint
Financing Agreement") pursuant to Sections 53316.2, 53316.4 and
53316.6 of the Act describing, inter alia, the terms and
parameters related to the acquisition, design, construction and
method of financing of such facilities and the transfer of such
facilities to the School District which will own, operate and
manage such facilities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual
covenants hereinafter contained, the parties agree as follows:
1. Recitals. The above recitals and each of them are
true and correct.
2. School District Mitigation Policy. The School
District has, after a duly noticed public hearing, established a
School Facilities Mitigation Policy, attached hereto as Exhibit
"D" (the "School District Policy"), designed to ensure the
availability of school facility capacity for all students. The
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City and the School District agree to implement the School
District Policy, which may be changed from time to time subject
to public hearing by the School District; provided, however, that
the City shall be required to implement only such changes as have
been approved by the City Council.
3. Collection of School Facilities Payments. Any
contribution to be made in accordance with the School District
Policy (the "School Facilities Payments") shall be collected
prior to the issuance of building permits as provided in the
School District Policy and the implementing ordinance of the
City.
4. Joint Financing Agreement. The School District
shall cooperate with the City in the formation of public
financing districts by entering into a Joint Financing Agreement,
pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act,
::-elating to facilities which will be constructed and/or financed
by the City and transferred to the School District, which will
own, operate and maintain such facilities. The City agrees to
use its best efforts to ensure that a portion of the land -secured
bonding capacity will be reserved to the School District for the
purpose of issuing bonds to fund approximately twenty-five
percent (25%) of the School Facilities Payments, or as otherwise
agreed to by the City and the School District, to accommodate the
acquisition of school sites and facilities as needed to insure
the availability of adequate school facilities to serve the
projected development within the School District.
5. School Facilities Payments Credits. School
Facilities Payments shall be reduced and/or credited by the
School District to landowners participating in the City
Comprehensive Public Facilities Financing Program to the extent
such payments are made or the School Facilities are acquired
and/or constructed by CFD No. 93-1 funding or through a School
District -sponsored bond program, including general obligation
bonds.
6. City General Plan. The City acknowledges the need
to include a section on school facilities as part of the public
facilities element of the City's General Plan and has included
within the amendment to the General Plan the language on schools
which is attached as Exhibit "C" to this Agreement. The City
will use its best efforts to initiate a consistency zoning
program following adoption of the General Plan.
7. Implementation of School District Policy; City
Ordinance. The City agrees to implement the School District
Policy as set forth in this Section 7. First, in connection with
the granting of any legislative land use approval for a
development (e.g._, a zone change, specific plan adoption,
specific plan amendment, general plan amendment, tract map or
parcel map extension, or other legislative land use action), but
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not including approval of statutory development agreements by the
City, the City will place a condition on such approval which
requires that the development comply with the School District
Policy.
Further, the City agrees to implement the School
District Policy within the boundaries of the School District
through the adoption of an ordinance which conditions the
issuance of building permits upon (i) the collection or funding
(through participation in a public financing district) of the
School Facilities Payment prior to the issuance of a building
permit, (ii) the payment of State Fees and a certification by the
School District to the City of the availability of facility
capacity in the School District at levels necessary to
accommodate the school facility needs of the new development, or
(iii) compliance with other conditions specified in the
mitigation agreement to be entered into by the District and
individual landowners or developers.
8. Indemnification. The School District agrees to
indemnify, defend and hold harmless the City for any legal
challenges which may arise in connection with the School District
Policy or the imposition, application or enforcement of the
applicable provisions of the City's General Plan, City Ordinance,
Cooperative Agreement or conditions of approval tied to
legislative actions which have the effect of requiring
conformance with the School District Policy.
9. Funding of School Facilities; Advisory Committee.
The City shall include the School Facilities as authorized
facilities of CFD No. 93-1. Funding for all or a portion of the
School Facilities shall be subject to the availability of bonding
capacity and the priority of other public facilities required at
the time of funding in accordance with mitigation agreements
between the School District and the landowners; provided,
however, that the City will not impose special taxes for services
in any Improvement Area until the funding objective of twenty
five percent (25%) of the School Facilities Payment, as provided
in Section 4 of this Agreement, has been met. The City and the
School District shall each designate members to serve on an
Advisory Committee, including representatives of the development
community, to establish such priority and to structure the
construction/bond sale phasing, which Advisory Committee will
meet within ninety (90) days after the first bond sale by the
City and thereafter as often as deemed necessary by the Advisory
Committee.
10. Consistent Provisions; Other Sources of Funding.
The School District shall use its best efforts to (i) require
overlapping jurisdictions other than the City having land use
authority to include general plan provisions and adopt an
implementing ordinance similar to that of the City, and (ii)
pursue other sources of school facilities funding, including, but
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not limited to, State funds and general obligation debt. In the
event the School District is unable to equalize school facilities
funding throughout the School District or to secure alternate or
additional sources of funding, or if there is a significant
change in the school facilities requirements of the School
District, each party agrees to renegotiate the terms of this
Cooperative Agreement to adjust or reconcile any significant
payment differences between the School District Policy as
implemented by the City and that of any overlapping jurisdictions
having land use authority.
11. No CEQA Challenge to City General Plan by School
District. Given that the General Plan has been amended to
include the language on school facilities set forth in Exhibit
"C" hereto; the School District agrees not to challenge the
approval and certification of the City's General Plan
Environmental Impact Report, or to challenge in any manner the
formation of CFD No. 93-1 or the special tax established therein
by the City during validation proceedings, if such proceedings
are utilized, or otherwise.
12. No Non -School Facilities by School District. With
respect to land within the City or its sphere of influence, the
School District agrees not to utilize land -secured bond financing
to finance, acquire and/or construct any facilities not directly
related to its educational purposes (i.e. school facilities),
with the exception of one "central services" facility which the
School District may, at its option, finance, acquire and/or
construct, unless the owner of such land benefiting from such
facilities has applied for annexation to the City and annexation
has been denied by LAFCO, or unless otherwise consented to by the
City Council.
13. School District Finance Program. Nothing in this
Agreement will restrict the right of the School District to issue
land -secured bonds or utilize any other type of School District -
sponsored finance program to collect School Facilities Payments;
provided, however, that the School District recognizes the City's
need to utilize a substantial portion of the land -secured
financing capacity for infrastructure needs and agrees that it
will not sell land -secured bonds, other than general obligation
bonds, without the prior written consent of the City, to finance
more that twenty five percent (25%) of the School Facilities
Payments.
14. Notice. Any notice, payment or instrument
required or permitted by this Agreement to be given or delivered
to any party or other person shall be deemed to have been
received when personally delivered or seventy-two hours following
deposit of the same in any United States Post Office in
California, first class, postage prepaid, addressed as follows:
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City:
School
District:
City of Beaumont
550 E. Sixth Street
P.O. Box 158
Beaumont, California 92223
Attn: Dayle Keller, City Manager
Tel: (909) 845-1171
FAX: (909) 845-8483
Beaumont Unified School District
500 Grace Street
P.O. Box 187
Beaumont, California 92223
Attn: John Wood, Superintendent
Tel: (909) 845-1631
FAX: (909) 845-2039
Any party may change its address for delivery of notice
by delivering written notice of such change or address to the
other parties.
15. Captions. Captions to Sections of this Agreement
are for convenience purposes only and are not part of this
Agreement.
16. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a
part of this Agreement.
17. No Third Party Beneficiaries. The parties do not
intend the benefits of this Agreement to inure to any third
party, nor shall any of this Agreement be construed and make or
render the School District liable to any materialman, supplier,
contractor, subcontractor, or purchaser or for debts or claims
accruing to any such persons. Notwithstanding anything to the
contrary contained herein or in any document executed in
connection with this transaction, or any conduct or course of
conduct by any party hereto, before and after signing, this
Agreement shall not be construed as creating any claim, right or
cause or action against the City, or their respective officers,
directors, agents, administrators, engineers, consultants, or
employees in favor of any materialman, supplier, contractor,
subcontractor or purchaser, or the like.
18. Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
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19. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
20. Amendments. This Agreement may be amended or
modified only in writing signed by all parties hereto.
21. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference.
Exhibit Description
"A" Map of Project
"B" School Facilities Description
f f C 11
Text of Proposed Schools Component of the Public
Facilities Element of the City of Beaumont General Plan
School Facilities Mitigation Policy
22. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
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IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year indicated below.
DATED: February 22 , 1993
ATTEST:
By:
/ti A; Deeuty
ity Clerk of the
ity of Beaumont
DATED: February 22
ATTEST:
By: /%%)
, 1993
Name: Donna Bell
Title: Clerk
SBUSD.-i_.:n
CITY OF BEAUMONT
Y. L_ �►
Mayor of tY City of Beaumont
BEAUMONT UNIFIED SCHOOL DISTRICT
By:
8
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Name: Richard Gannon
Title: President
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Public Facilities Financing Plan
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Exhibit B
SCHOOL FACILITIES DESCRIPTION AND BUDGET
West Elementary #1
West Elementary #2
West Elementary #3
West Elementary #4
East Elementary #1
East Elementary #2
East Elementary #3
East Elementary #4
$6,682,000
$6,682,000
$6;x-2,000
$6,082
,000
$6,682,000
$6,682,000
$6,682,000
$6,682,000
North Elementary #1 $6,682,000
North Elementary #2 $6,682,000
North Elementary #3 $6,682,000
North Elementary #4 $6,682,000
South Elementary #1 $6,682,000
South Elementary #2 $6,682,000
South Elementary #3 $6,682,000
South Elementary #4 S6,682,000
South Elementary #5 $6,682,000
West Middle School $11,11.4,000
East Middle School $11,114,000
North Middle School $11,114,000
South Middle School $11,114,000
Middle School Additions $5,557,000
New High School #1 $29,980,000
New High School #2 $29,980,000
New High School #3 $29,980,000
High School Additions S 17,988,000
District Education Center $10,000,000
E x_hb t i Cis
TEXT OF PROPOSED SCHOOLS COM= CNE NT OF T -E = L?L C
FACILITIES ELEMENT OF THE CITY OF _E:T,MONT GENERAL -LAN
GENERAL PLAN I PDATE
PROPOSED SCHOOLS COMPONENT
Goals
1. Provide enriched school environments where students have opportunities
to develop intellectual, academic, personal and social skills to become
responsible and productive citizens.
2. Ensure that all Beaumont residents - existing and future - have access to
high-quality educational facilities which serve to facilitate and enhance
learning and recreational opportunities.
3. Through cooperative planning with the local school district, provide
opportunities for school facilities to serve and function as community
assets and resources beyond their more traditional sense.
Uhl esfihes
1. To provide the required school facilities through coordinated land use and
facility planning. This includes the necessary coordination to ensure that
all proposed school sites conform to the guidelines and requirements for
site approval as adrninistered through the California Department of
Education.
To develop comprehensive school facility pI:.ning to include phased
capital improvements which are consistent with the General Plan.
3. To establish implementation programs which identify the funding
mechanisms necessary to assure the availability of the phased facility
requirements.
4. To establish a joint Facilities Funding Coordination Committee with
designated representation from the City and the school district. This
committee shall serve to coordinate the utilization of public finance
mechanisms to ensure the appropriate construction sequencing of public
improvements.
Draft 2 - February 4, 1993
Beaumont General Plan Update
Proposed Schools Component -Draft 2
February 4, 1993
Page Two
policies
1. The City will coordinate with the school district to ensure that all routes
for the transporting of hazardous materials will not impact upon existing
or proposed school sites.
1
The City, in cooperation with the school district, will ensure that all school
facilities are included within disaster preparedness plans.
3. The City shall provide to the school district copies of all development
proposals that may result in increased enrollments and/or adverse
impacts upon school siting criteria.
4. There shall be a proactive relationship between the City and the school
district with regard to all development proposals as they potentially affect
the ability of the district to provide quality school facilities and programs
for students generated as a result of such developments.
5. Recognize and support the School District's impact mitigation policy to
ensure the timely provision of adequate school facilities for all new
development consistent with a cooperative agreement between the City
and District and the adoption of a City ordinance to implement the policy.
6. The City, working with the school district, will encourage the use of
creative public financing techniques which facilitate the delivery of school
facilities concurrent with their need.
7. The City, when considering amendments to the Land Use and Circulation
Elements of its General Plan, will give advance consideration to potential
adverse impacts upon existing and proposed school sites and attempt to
identify new school sites in locations which correspond to the school
district's master plan.
Draft 2 - February 4, 1993
Beaumont General Plan Update
Proposed Schools Component -Draft 2
February 4, 1993
Page Three
Implementation Proaains
Coordinated Land Use Develovrnent Review
a. Action: Community Development Department, in coordination with the
local school district, shall review all land use proposals prior to project
approvals to ensure that adequate school facilities exist to provide! service
to students generated as a result of the new development.
b. New or Existing Program: New
c. Lrnplementation Program: Ongoing
d. Responsible Agendes: (1) Community Development D part 'ent: (2)
Local School District
e. Source of Funds: School Mitigation Fes, State School Facility Funds,
alternative local funding rnechanisms (i.e., Ger.er al Obligation Bonds, etc.)
Draft 2 - February 4, 1993
Exhibit "D"
SCHOOL FACILITIES MITIGATION POLICY
BBUSD." ewm
BEAUMONT UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 93-17
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
BEAUMONT UNIFIED SCHOOL DISTRICT
ESTABLISHING SCHOOL FACILITIES MITIGATION POLICY
WHEREAS, the Beaumont Unified School District (the
"District") and its Board of Trustees are under an affirmative
duty under Federal and State law to protect and provide for
the health, safety, welfare, education, due process and equal
protection rights of the residents and students of the
District, and to provide equal educational opportunities for
all students, including, but not limited to, being housed, in
adequate school facilities; and
WHEREAS, new student impacts on school facilities are
due primarily to growth in general and new residential uses in
particular; and
WHEREAS, population growth in recent years in
Riverside County (the "County") has resulted in significant
increases in the numbers of students within the District, and,
in addition, continued population growth will result in the
need to enlarge existing school facilities and construct new
facilities to house and educate these students in accordance
with the standards required by State law and District policies;
and
WHEREAS, under the California State Constitution the
and Education Code, the District is charged with providing
appropriate levels of public education and related facilities
for K-12 school-age children now residing or to be residing
within the District; and
WHEREAS, the State through the enactment of Chapter
887 of the Statutes of 1986 and Chapter 1354 of the Statutes
of 1992 has shifted the responsibility for the financing of
school facilities to the District, and has authorized the
District to establish developer mitigation fees and undertake
other measures to provide for adequate school facilities as
authorized by the laws of the State; and
WHEREAS, the District finds itself to be currently
without sufficient financial means or resources for the
acquisition of future school sites and the construction of new
permanent school facilities and has requested assistance from
the County and all cities within the District (individually a
"City" or collectively the "Cities") to help ameliorate
impacted conditions existing in the District's schools and the
significant adverse environmental effects of future residential,
commercial and industrial developments on the District's
educational facilities and instructional programs; and
WHEREAS, the inability of the District to obtain the
funding for adequate school facilities will result in District
schools being overcrowded to the detriment of the public
health, safety and welfare and education of District students
who as a result will be deprived of the quality of education to
which they are entitled under Federal and State law; and
WHEREAS, the County and the Cities, pursuant to their
General Plans and the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.), have both the
authority, power and responsibility to review development
proposals for impaction on public facilities, including public
school facilities; and
WHEREAS, the County and the Cities have the power and
the authority to deny, condition or modify legislative acts,
including general plan amendments, specific plans, changes of
zone and statutory development agreement approvals, if they
find that there is resulting impaction on public facilities,
including District schools, which have not been adequately
mitigated; and
WHEREAS, the County and each City may condition any
development proposal to comply with its General Plan or conform
with existing zoning, including provisions related to the
District's facilities mitigation policy; and
WHEREAS, documentation supporting the level of school
impaction within the District is compiled in the "Use and Need
for School Facilities Fees in the Beaumont Unified School
District" and the "December 1992 Revision of Attachment A"
thereto (the "School Facilities Study") on file with the Clerk
of the Board and incorporated by reference herein; and
WHEREAS, the School Facilities Study examines the
impact of future development on existing school facilities and
the need for new facilities, and determines the cost of those
facilities, and assigns those school construction costs to
new residential, commercial and industrial development on a
reasonable fair share basis; and
WHEREAS, the combination of State funds, statutory
developer fees, local school bond revenues and other sources
of financing are projected to be inadequate in the future to
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provide for the enlargement and construction of school
facilities sufficient to adequately house and appropriately
educate new students in accordance with the minimum standards
as set forth by the Federal and State law and District policy;
and
WHEREAS, because of the overcrowding in existing
District facilities and the lack of adequate Federal, State
and local funds to construct additional facilities to house
children who will be generated by new development, there is
a need for the District to adopt a policy to mitigate the
significant and adverse environmental impact of new development
on the District;
NOW, THEREFORE, THE DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. Purpose. It is the intent of the District
to provide measures to mitigate the significant and adverse
environmental impacts on the District and its residents caused
by any new residential, commercial and industrial project in
the District for which building permits have not yet been
issued (a "Project"). The District hereby establishes a
mitigation policy (the "Policy") which provides three
alternative means by which a Project may mitigate its impact
on the District: (1) a Project may annex to a Mello -Roos
Community Facilities District to be formed by the District
(the "District CFD") or a City or County community facilities
district pursuant to the Mello -Roos Community Facilities
District Act of 1982, as amended (Government Code Section 53311
et _seq.), to pay the Mitigation Contribution described in
Section 2 below; (2) a Project may phase the timing of the
issuance of building permits as described in Section 3 below;
or (3) a Project may enter into a mitigation agreement with the
District as described in Section 3 below. The Mitigation
Contribution will augment funding sources currently available
to the District for the purposes of providing new school
construction or increased facility capacity to house students
generated from new Projects in the District. Alternatively,
for Projects electing not to pay the Mitigation Contribution,
the regulation of the timing of the construction of such
Projects or the execution of a mitigation agreement as
described in Section 3 below will ensure the availability of
school facility capacity for students generated by such
Projects.
Section 2. Establishment of Mitigation Contribution.
A. A mitigation contribution (the "Mitigation
Contribution") is hereby established to assist the
District in meeting approximately two-thirds of the
current estimated costs of providing school facilities
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for new Projects. The Mitigation Contribution shall
apply to all new Projects in the District other than
Projects opting to comply with one of the alternative
mitigation measures described in Section 3 below.
Upon payment of the Mitigation Contribution, or
compliance with one of the alternative mitigation
measures specified in Section 3 below, a Project shall
be deemed to have satisfied all District -imposed
obligations with respect to school facilities. The
Mitigation Contribution shall be as follows:
(1) $5,200 for each residential unit, other than
senior citizen housing projects of the type
described in California Civil Code Section 51.3
("Senior Housing"), in calendar year 1993, which
amount shall be increased on January 1, 1994 and
no sooner than each January 1 thereafter by an
amount equal to 4% of the amount in effect for
the previous year or such greater or lesser
percentage as is supported by the findings and
conclusions made pursuant to the annual review
required under Section 9 hereof; and
(2) for all nonresidential development and Senior
Housing, the maximum fee permitted by state law,
as it may be amended from time to time.
B. For all Projects opting to pay the Mitigation
Contribution, an amount equal to the Mitigation
Contribution shall be collected through the levy of
a special tax by the District CFD to be levied and
collected at the time of issuance of a building
permit. In the event that a Project pays an amount
equal to the Mitigation Contribution for a parcel
through a financing mechanism implemented by the City,
the District CFD special tax for such parcel shall be
discharged. To the extent that other state and local
funds received by the District to finance the school
facilities for a Project, together with available
Mitigation Contributions, exceed the cost of such
school facilities, the District will make appropriate
reductions in the remaining Mitigation Contributions
for such Project.
C. The District hereby finds as follows:
(1) The collection of the Mitigation Contribution, in
conjunction with other funding sources available
to the District, will provide for the adequate
mitigation of school facility impacts generated
by new Projects.
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(2) The establishment of the Mitigation Contribution
is consistent with the goals and policies of the
County's and the Cities' General Plans relating
to the provision of school facilities and with
the District's Master Plan.
(3) The facts and evidence presented in the School
Facilities Study establishes that there is a
reasonable relationship between the need for the
described school facilities and the impacts
caused by new Projects subject to the Mitigation
Contribution.
(4) The cost estimates set forth in the School
Facilities Study represent an analysis of
reasonable cost estimates for constructing the
school facilities required to service the new
Projects, and the funds expected to be generated
by imposition of the Mitigation Contribution will
not exceed the new Projects' fair share of the
costs of such facilities. There is a reasonable
relationship between the amount of the Mitigation
Contribution and the cost of the school
facilities attributable to each new Project.
There is a reasonable relationship between the
uses to which the Mitigation Contribution will be
put and the new Projects making such Mitigation
Contributions.
(5) In order to ensure the District's ability to
provide adequate school facilities for new
Projects on a timely basis, it will be desirable
to devise methods by which at least one-quarter
of the Mitigation Contributions for new Projects
are received by the District prior to the
issuance of building permits. Accordingly, the
District, in consultation with the City, will
undertake to develop financing mechanisms to
achieve this objective.
(6) The District has implemented a year-round
attendance policy in order to maximize the
likelihood of receiving State funding, and the
Board intends to seek the highest priority for
State funding so long as the Board determines
that the actions required to obtain such highest
priority are consistent with the District's
educational programs.
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Section 3. Alternative Mitigation. As an alternative
to paying the Mitigation Contribution, a new Project may comply
with the Policy and mitigate the school facilities impacts of
the Project by either of the following methods:
(1) Waiting to obtain a building permit until such
time as the District furnishes to the County or
the applicable City a certificate stating that
the District has adequate capacity in its school
facilities to house the students to be generated
as a result of the construction to be undertaken
with such building permit. The District will
provide such a certification upon determining
that such capacity exists, provided that the
developer of the Project has first tendered to
the District all fees required by state law; or
(2) Entering into a mitigation agreement with the
District which the District determines provides
to the District money, property or other
consideration equivalent to the Mitigation
Contribution for such Project or otherwise
mitigates the impact of such Project on the
District. In formulating individual mitigation
agreements, the District intends to consider
such options as.developer land donations,
developer construction of schools and alternative
mitigation payment levels based upon the size of
the residence being constructed.
The alternative mitigation described in this Section 3
is necessary where the Mitigation Contribution will not be paid
in order to mitigate the significant and adverse environmental
impact that new Projects will have on the District and its
residents.
Secti n 4. Compliance with CEOA. The Board hereby
determines that the establishment and collection of the
Mitigation Contribution is not a project within the meaning of
the California Environmental Quality Act ("CEQA") in that the
establishment and collection of the Mitigation Contribution
will have no effect on the environment and will have no
growth -inducing impact. The establishment and collection
of the Mitigation Contribution has no potential for resulting
in physical change in the environment either directly or
ultimately. It will be collected only if a Project has been
approved by the public agency responsible for granting land use
approvals. The establishment and collection of the Mitigation
Contribution does not commit the District to any particular
course of action with respect to the construction of schools.
It is not an essential step that will culminate in any action
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which may affect the environment. The Clerk of the Board is
hereby directed to file a Notice of Exemption immediately upon
the adoption of this resolution.
Section 5. Limitations. All amounts received by
the District as a result of the implementation of the Policy
shall be used only for the purposes of planning and acquiring
school sites and planning, constructing, furnishing and
equipping school facilities necessitated by the generation of
students from new Projects, including administrative costs
directly related thereto. The sites and school facilities are
those included in the District's Master Plan of Facilities, as
updated from time to time.
_ection 6. Implementation of Policy. The District
recognizes that the implementation of the Policy requires
coordination with and assistance from the County and the
Cities. The District intends that the Policy be implemented by
having the District enter into Cooperative Agreements with the
County and the Cities and by having each such entity adopt an
ordinance which requires that, as a condition of issuing a
building permit for any new Project, the Project must first
have complied with the Policy.
Section 7. Approval of Cooperative Aareement with the
City of Beaumont. There has been presented to this Board the
form of a Cooperative Agreement to be entered into by the City
of Beaumont and the District. The President and Clerk of
the Board and the Superintendent of the District are hereby
authorized to enter into the Cooperative Agreement in
substantially the form presented to the Board, together
with such changes as are determined by such officers to be
beneficial to the implementation of the Policy. Such officers
of the District are further authorized and directed to work
with the City of Beaumont to develop and cause to be adopted an
ordinance which implements the Policy.
Section 8. Reserved Powers of the District. Nothing
herein shall be construed as a delegation of the District's
power and responsibility to determine the adequacy of school
facility mitigation of adverse environmental effects caused by
new development. The District specifically reserves all rights
provided to it by law, including the right to determine from
time to time, by resolution, the appropriate amount of the
Mitigation Contribution or other necessary mitigation measures.
Section 9. Annual Review and Amendment. The Policy
shall be reviewed by the District annually, or more frequently
at the discretion of the District, to assure fairness and
responsiveness to District school facility needs as well as to
the student housing needs of the community.
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Section 10. Revocation.
A. This Resolution is subject to repeal upon a finding
by this Board of Trustees that the Policy is no longer
required in order to mitigate the significant and
adverse environmental impacts of new Projects on the
District and to enable the District to provide the
quality of public education which it is mandated to
provide as a matter of law.
B. If any provision of this Resolution or the application
of the Policy to any person, entity or circumstance is
held invalid, such invalidity shall not affect other
provisions or applications of this Resolution and the
Policy which can be given effect without the invalid
provision or appplication, and to this end it is in
the interest of the District that the provisions of
this Resolution and the Policy are severable.
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STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
I, Donna Bell, Clerk of the Board of Trustees of the
Beaumont Unified School District, do hereby certify that the
foregoing Resolution No. 93-17 was duly adopted by the Board
of Trustees of said School District at a meeting of said Board
held on the 22nd day of February, 1993, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
c
Clerk of the Board of Trustees of
of the Beaumont Unified School
District
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4505Q/2624-00
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
I, Donna Bell, Clerk of the Board of Trustees of the
Beaumont Unified School District, California, do hereby certify
that the above and foregoing is a full, true and correct copy
of Resolution No. 93-17 of said Board, and that the same has
not been amended or repealed.
Dated: February 22, 1993
Clerk of the Board of Trustees
the Beaumont Unified School
District
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of