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HomeMy WebLinkAboutResolution 038-85 RESOLUTION REJECTED IN LIEU OF L PREPARATION OF AMENDED ORDINANCE 6/10/85 COUNCIL MEE:I'ING RESOLUTION NO. 38-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONCURRING IN FINDINGS OF OVERCROWDING, MADE BY THE BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT WHEREAS, the Legislature of the State of California has enacted Government Code Sections 65970 and following in order to provide a means to alleviate overcrowding in public schools caused by new resi- dential development; and WHEREAS, that statute -provides that whenever a school district finds schools will be overcrowded as the result of proposed residen- tial development, and the City concurs, no further residential devel- opment may be approved until an ordinance is adopted and implemented, providing for the payment of fees or dedication of land by residential developers to the school district; and WHEREAS, the Board of Trustees of the Atascadero Unified School District (hereinafter the "Board") has made -and presented to the City Council of the City of Atascadero a Resolution attached hereto and incorporated as Exhibit "A" containing findings, supported by clear and convincing evidence, that (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will impair the normal functioning of educational programs in- cluding the reasons for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist; and WHEREAS, officials of the Atascadero Unified School District have expressed their willingness to enter into voluntary agreements with persons seeking approval by the Council of residential development within the City, which agreements will provide for the payment of money to alleviate overcrowding in the Atascadero Unified School Dis- trict which would be caused by such development in amounts not to ex- ceed those specified in Exhibit "A" and to immediately inform this Council when the findings above cease to be valid; and WHEREAS, the City Council of the City of Atascadero held a public hearing on on the finding of overcrowding of the Board; and WHEREAS, at the conclusion of such hearing, the City Council of the City of Atascadero has determined that it concurs in the finding of overcrowding made by the Board. R 6 Resolution No. 38-85 NOW, THEREFORE, the Council of the City of Atascadero does find and resolve as follows: Section 1. 1. The above recitals and findings, incorporated herein, are true and correct. 2. This Council hereby concurs in the findings of the Board that ` (a) conditions of overcrowding exist in the attendance area of the District within the City of Atascadero which will im- pair the normal functioning of educational programs including the reasons for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. NOW, THEREFORE, the Council of the City of Atascadero does further resolve that this Resolution shall take effect immediately. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following vote: AYES : NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager 2 .d`