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HomeMy WebLinkAboutOrdinances_1740_CCv0001.pdf • L 4: ORDINANCE NO. 1740 AN ORDINANCE OF THE CITY OF REDLANDS ADOPTING PROCEDURES FOR THE DECLARATION, CONSIDERATION, AND MITIGATION OF SCHOOL IMPACTION THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as follows : SECTION ONE : Title and Purpose. This ordinance shall be known as the School Impaction Ordinance. The purpose of this ordinance shall be to provide procedures for the declaration, consideration, and mitigation of said impaction. For the purpose of brevity, abbreviated titles are sometimes adopted herein as follows : (1) Redlands Unified School District - "District" (2) Board of Trustees of the Redlands Unified School District "District" (3) City Council of the City of Redlands - "City" SECTION TWO: Definition of School Impaction . Impaction shall be defined as a condition where student enrollments exceeding the defined capacity of the schools at any level , elementary, junior high, senior high, result in impairing the normal educational program in the district as a whole. The School Board shall determine when such a condition exists based on reliable information that any level of the schools of the district is efficiently utilizing over 90% of its existing classroom capacity defined below: Classroom Capacity 1 . Elementary Schools - The elementary schools will have reached their enrollment capacity when 90% of the classrooms are being efficiently used. Efficient use of classroom space includes the following: a) Classrooms for regular class students . b) Classrooms for all special education students as mandated by state and federal law, including mandated resource rooms . c) One library . 2. Junior High Schools - The junior high schools will have reached their enrollment capacity when 90% of the classrooms are being efficiently used. Efficient use of classroom space includes the following: a) Each teacher having his/her own teaching station. b) Adequate classrooms for all special education classes as mandated by state and federal law including man- dated resource rooms . c) One library . 3. Senior High School - The senior high school will have reached its enrollment capacity when 90% of the classrooms are being efficiently used. Efficient use of classroom space includes the following: a) Each teacher having his/her own teaching station. b) Adequate classrooms for all special education classes, as mandated by state and federal law, including man- dated resource rooms . c) One library. 4 . Continuation High School - Orangewood High School is a continuation high school mandated by state law. The school has sufficient capacity to accommodate anticipated enrollments for the foreseeable future. A classroom shall be considered efficiently utilized if the class enrollment equals or exceeds the following: Kindergarten 27 pupils Grades 1-3 29 pupils Grades 4-6 30 pupils Grades 7-9 30 pupils Lab Class - 26 Grades 10-12 28 pupils Lab Class - 24 NOTE: For special education classes no minimums shall apply, but in any event class enrollments shall not exceed state or federal mandates. SECTION THREE: School District Procedures . Prior to any impaction notification from the School Board, the district board shall consider such facts as it deems appropriate to substantiate the impaction and need for mitigation. The School Board shall con- sider reasonable methods for mitigating the impaction. Such methods shall include, but not be limited to: 1. Use of other District funds , or bond revenues , or the timely application for state or federal funds . 2 . Sale of surplus District property . 3. Notification of all legislative bodies within the District that approval of new land divisions and development leading to in- creased educational demands should be severely limited until the impaction is over. Ordinance No. 1740 Page 2 4 . The use of district property for temporary use buildings. 5 . Classroom scheduling including extended days for the high school and staggered sessions wherever appropriate . 6 . The use of other schools in the district not having over- crowded conditions by reasonable readjustment of school attendance boundaries. 7. The filing of appropriate notices of overcrowding with cities within attendance areas subject to overcrowding. If the governing board makes a finding supported by clear and convincing evidence that (a) conditions of impaction exists 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, including those specified in this section, have been evaluated and no feasible method for reducing such conditions exists and the reasons therefor; it shall then recommend that mitigating measures as set forth in this ordinance shall be imposed. The school district shall also determine what facilities it intends to provide and/or what land it intends will be dedicated to it for said purposes, the location thereof and how it intends to use said land. The school district shall determine and define the educational level or levels within the district at which the overcrowding conditions exist (i .e. , elementary, junior high or senior high. ) The school board, if it has made the required findings, deter- minations, and recommendations, shall transmit them to the City Council and Section IV, A, of Ordinances 1680, 1717 et al will be followed. The material transmitted to the City Council shall include but not necessarily be limited to a classroom utilization report, examples of which are included in Attachment "A". SECTION FOUR: City of Redlands Procedures . Upon receipt of notification of district findings , determinations , etc. , the City shall schedule a public hearing at which time an authorized District representative shall present facts substantiating their declaration including but not limited to: 1 . All relevant facts and figures . 2. Mitigating measures other than fees or dedication of land that have been considered to alleviate impaction . Ordinance No. 1740 Page 3 At the conclusion of the School Board presentation, the City Council will adopt a resolution indicating whether or not it concurs that clear and convincing evidence according to requirements and definitions contained within this ordinance has been presented to substantiate the declaration of impaction. If at any time the Redlands Unified School District does not adhere to the provisions of this ordinance, the City Council may conduct a public hearing at their discretion as to whether impaction exists . SECTION FIVE: Mitigating Measures. If impaction is declared, and concurred with by the Council, mitigation may be effected with a combination of fees or dedication of land, actual construction, or other avenues as agreed to by the School District and applicant. If fees are to be charged by the School District, the schedule for such fees must be approved by the City Council. Collection of fees or dedication of land under this ordinance is restricted to the corporate boundaries of Redlands . All fees that are collected in the city by the School District are to be spent in the following manner: For lease or purchase of relocatable classrooms or buildings , for relocation or placement thereof, or for the construction of buildings or building additions as may be needed to augment the relocatable classrooms at existing school sites . SECTION SIX: Exceptions to Mitigating Measures . The following will not be subject to any fees or dedication of land to the School District: senior housing financed and/or subsidized by the federal government under Title II, Section 8 of the United States Code, any remodeling or renovations which do not result in additional dwelling units, and any reconstruction of a legally established dwelling unit destroyed or damaged by fire, flood explosion, act of God, or ac- cident, and industrial or commercial buildings . SECTION SEVEN: Other Exemptions . If the School District receives an allocation of monies from any source (s) for the purpose of school construction or expansion, these monies shall reduce the monetary requirements as set forth in the District plan to mitigate the impaction by an equal amount. In any event the requirement for mitigating measures shall terminate at such time as the District has accumulated sufficient funds to mitigate the impaction as declared by the School District and concurred with by the City Council. SECTION EIGHT: Reports . The Redlands Unified School District shall make public disclosures on a semi-annual basis of all monies and lands that have been accumulated, also how any and all such monies are being spent with projections into the future as to allocations of lands and funds to alleviate impaction. If, at any time, the impaction ceases to exist, written notice shall be transmitted to the City Council within 30 days . Upon receipt of said statement, any and all mitigating measures in force shall no longer be required. Ordinance No. 1740 Page 4 SECTION NINE: This ordinance shall be in force and take effect as provided by law. SECTION TEN: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published once in the Redlands Daily Facts , a daily newspaper hereby designated for that purpose. ATTEST: Mayor f - City of 'Re'dl s Cit rk APPROVED FOR FORM: City Attorne I , Peggy A. Moseley, City Clerk, City of Redlands, do hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20th day of January, 1981, by the following vote: AYES : Councilmembers Gorman, Riordan, Roth NOES: Councilmember DeMirjyn ABSENT: None ABSTAIN: Councilmember Martinez CiW 2XY rk Ordinance No. 1.740 Page 5