Agenda Item
Meeting Date:
9/28/2022 - 6:00 PM  
Category:
Business/Action Items  
Type:
Action  
Subject:
18.2 Conduct Public Hearing and Review and Potential Approval of School Facility Fee Justification Report and Review and Potential Approval of Resolution 22/23-3, Approving and Adopting Report and Increasing the Statutory Fees ("Level I Developer Fees") on Residential and Commercial/Industrial Development  
LCAP (Local Control Accountability Plan) Goal:
Goal 1:
All students will receive a high quality education in a safe and welcoming environment with equitable and high expectations, access to technology, and instruction in the California State Standards that prepare them for college and career.
Goal 3:
Parents, family, and community will be informed, engaged and empowered as partners with Mt. Diablo Unified to support student learning and achievement.
 
Policy:
 
Enclosure:
School Facility Justification Report
Resolution 22/23-3 Increase in Developer Fees
 
File Attachment:
Mt. Diablo USD - Level I 2022 [FINAL 2022-07-18].pdf
Resolution 22-23 (#3) Increase in Developer Fees.pdf
Notice of Public Hearings Developer Fees.pdf
 
Summary:
In even numbered years, the State authorizes increases in the maximum Statutory School Facility Fees (“Level 1 Fees”) that may be levied by a school district on new residential and commercial/industrial development. The Level 1 Fees below were adopted by the Board on May 11, 2020.

CURRENT LEVEL 1 FEES ON NEW DEVELOPMENT PER SQUARE FOOT

Residential $4.08
Commercial/Industrial $0.66
Commercial/Industrial Hotel/Motel $0.524
Commercial/Industrial Self-Storage $0.030

School Facility Consultants has prepared an updated School Facility Fee Justification Report to determine if the School District is eligible to increase its Level 1 Fees to the new maximum rates approved by the State Allocation Board in January, 2022. The Report documents the School District’s ability to increase its Level 1 Fees to the amounts listed below in accordance with Education Code Section 17620 and Government Code Section 65995. The report found as follows:

The District is justified to collect the legal maximum fee of $4.79 per square foot of residential development as authorized by Government Code Section 65995 (Level I fees), as future residential development creates a school facility cost of $15.70 per square foot. The District is also justified to collect the legal maximum fee of $0.78 per square foot of development on all categories of commercial/industrial development, as those categories of development create school facility costs ranging from $2.96 to $12.64 per square foot of future development, even when fees from linked residential units are accounted for. Rental self-storage creates a school facility cost of $0.16 per square foot.

The District has provided Notice as required by newly amended Assembly Bill 602 pursuant to Government Code section 65995 and Education Code section 17620.
 
Funding:
N/A  
Fiscal Impact:
Will result in higher charge for developer fees, impact unknown at this time.  
Recommendation
Following Public Hearing: 1) Review and Adopt of School Facility Fee Justification Report as prepared by School Facility Consultants; and 2) Adopt Resolution 22/23-3, approving and adopting Residential and Commercial/Industrial Development School Facility Fee Justification Study Report, and increasing the statutory Level 1 Developer Fees imposed on new residential and commercial/industrial development projects pursuant to Education Code Section 17620.  
Approvals:
Recommended By:
Signed By:
Cesar Alvarado - General Counsel
Signed By:  
Dr. Lisa Gonzales - Chief Business Officer
Signed By:  
Dr. Adam Clark - Superintendent
 
Vote Results:

Original Motion
Member Linda Mayo Moved, Member Cherise Khaund seconded to approve the Original motion 'A public hearing was opened at 8:45pm to review and adopt of School Facility Fee Justification Report as prepared by School Facility Consultants and closed at 8:45pm after no comments.

Upon a roll call vote being taken, the vote was Aye: 5 Nay: 0 Abstain: 0 The motion Carried 5-0.

A public hearing was opened at 8:47pm to adopt Resolution 22/23-3, approving and adopting Residential and Commercial/Industrial Development School Facility Fee Justification Study Report, and increasing the statutory Level 1 Developer Fees imposed on new residential and commercial/industrial development projects pursuant to Education Code Section 17620, and closed at 8:47pm after no comments. '. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0.
The motion CARRIED 5 - 0
   
Linda Mayo     Yes
Debra Mason     Yes
Cherise Khaund     Yes
Keisha Nzewi     Yes
Erin McFerrin     Yes