BLUE CARD

at 121:13 Dawn Urbanek 

THIS ITEM HAS STATUTORY NOTICE REQUIREMENTS AND SHOULD NOT BE ON THE CONSENT CALENDAR

NOTE: There is an error on the report on page 239 There is no Rancho Mission Viejo Middle School in CUSD there is Escencia K-8.

TRUSTEE COMMENTS

at 121:57 Superintendent Vital asks Clark Hampton - Business Services to please clarify why this can be a consent item.

at 122:07 Clark Hampton - this is a routine report, filed every year that allows us to collect developer fees. 

VOTE

at 1:22:24 Motion to Approve Agenda Item #16 correcting Rancho Mission Viejo Middle School with Esecnica K-8 by Trustee Hanacek second by Trustee Jones

6-0-1 (Trustee Hatton-Hodson is absent)

Comment Dawn Urbanek. 

CUSD is in violation of Government Code 66006 (2)

Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=5.&article=

GOVERNMENT CODE 

66006 (a) If a local agency requires the payment of a fee specified in subdivision (c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected.

(b) (1) For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: 

CUSD Fiscal Year End: June 30, 2016 The report must be made available to the Public no later than December 30, 2016 and comply with 6006 (2).

This item was made available to the Public on Friday, December 9, 2016. 

(A) A brief description of the type of fee in the account or fund.

(B) The amount of the fee.

(C) The beginning and ending balance of the account or fund.

(D) The amount of the fees collected and the interest earned.

(E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 

(F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete

(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.

(2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. 

The information was made public on December 9, 2016. The meeting was December 14, 2016 - 5 days.

The Statute requires a minimum of 15 days. 

CUSD violated Government Code Section 66006(2).

(c) For purposes of this section, “fee” means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project.

(d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. 

(e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. 

(f) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance.

(Amended by Stats. 1996, Ch. 569, Sec. 2. Effective January 1, 1997.)

THE USE OF DEVELOPER FEES MUST BE DIRECTLY LINKED TO EXPANDING ENROLLMENT. 

SCHOOL DISTRICTS MAY NOT USE DEVELOPER FEES TO MODERNIZE EXISTING FACILITIES.

CUSD has declining enrollment how can CUSD link facilities needs to expanding enrollment as is required?.

Comment Dawn Urbanek re: Declining Enrollment

CUSD is consistently stating it has DECLINING enrollment. Yet, Parents and the public see all the new development and overcrowded classrooms and a lack of adequate facilities. CUSD needs to explain this dichotomy to the Public.

LAO: The 2015-16 Budget Rethinking How the State Funds School Facilities http://www.lao.ca.gov/reports/2015/budget/school-facilities/school-facilities-021715.aspx

2104 San Luis Obispo Grand Jury Report Developer Fees: A School Lesson in Justification http://slocourts.net/downloads/grand_jury/reports/2013/DeveloperFeesFINAL.pdf

2007 CASHNET.ORG LEADERSHIP ACADEMY DEVELOPER FEES DO'S and DONT'S http://www.cashnet.org/LeadershipAcademy/MarchHandouts/DeveloperFeesDosDonts.pdf

Comment Dawn Urbanek

City discussion regarding Measure M always centered on how money would be spent by area. Cities were concerned that their residents would pay taxes and not see a benefit. This shows how Fund 25 money was spent by Trustee area and some area's did not receive any funds.

at page 230 

For fiscal year ending June 30, 2016

at page 232 and 233

The School District is required to provide the following information on Reportable Fees for the prior fiscal year:

1. The beginning and ending balances of Fund 25

2. Types and rates of Reportable Fees collected

3. Amount of Reportable Fees collected and interest earned

4. Amounts spent on projects to accommodate additional enrollment from new residential and commercial/industrial development

The Reportable Fees do not include special tax proceeds, proceeds of bonds, or letters of credit to secure payment of Reportable Fees at a future date. Further, the School District identifies Reportable Fees have not been levied, collected, or imposed for general revenue purposes. Additionally, the School District is required to identify the following:

at page 236

1. The purpose to which unexpended Reportable Fees will be spent

2. The Reasonable Relationship between the unexpended Reportable Fees and the purpose to which they are to be spent

at page 237

3. The funding sources and expected funding availability date for school facilities projects for which unexpended Reportable Fees are required

at page 232