09 Addendum.Item #9 - Transportation Impact Fee
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024 ITEM NO: 9 ADDENDUM
DATE: March 18, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and
2024-005 Regarding the Transportation Impact Fee
REMARKS:
Staff is recommending that this item be deferred to the Council meeting of April 2, 2024. A
deferral would enable Town Council to consider the requested fee suspension as well as discuss
and determine next steps with respect to the Transportation Impact Fee. For the April 2
discussion, staff will have additional analysis of options available to the Town Council. The
analysis is underway and not yet completed.
Attachment 2 contains public comment received between 11:01 a.m. Thursday, March 14, and
11:00 a.m. Monday, March 18, 2024.
Attachment Previously Received with the Staff Report:
1. Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005
Attachment Received with this Addendum:
2. Public Comment
ATTACHMENT 2
From: Phil Koen
Sent: Friday, March 15, 2024 4:46:10 PM
To: Gabrielle Whelan <GWhelan@losgatosca.gov>
Cc: Laurel Prevetti <LPrevetti@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Matthew
Hudes <MHudes@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Maria Ristow
<MRistow@losgatosca.gov>; Rob Moore <RMoore@losgatosca.gov>; Wendy Wood
<WWood@losgatosca.gov>; jak vannada ; Rick Van Hoesen
Subject: Agenda item #9
[EXTERNAL SENDER]
Hello Gabrielle,
For sake of full disclosure, has the Staff received any reports from third party reviewers regarding
whether or not the TIF nexus study complies with the Mitigation Fee Act?
The Staff report suggests the Staff has no new information at this time. Is this accurate? Is the Staff
report being fully transparent?
If the nexus study doesn’t comply with State Law, is the Town going to demand its money back ?
Thank you,
Phil Koen
Redacted
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Resolution 20 - Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SUSPENDING
RESOLUTION NOS. 2024-003, 2024-004, AND 2024-005
WHEREAS, the Town Council adopted an updated transportation impact fee on January
16, 2024; and
WHEREAS, the Town received a question regarding the methodology used in the nexus
study in support of the updated transportation impact fee; and
WHEREAS, pending the collection of information regarding the methodology used in the
nexus study, staff recommends suspending Resolution No. 2024-003 Adopting the Nexus Study
for the 2023 Update to the Transportation Impact Fee, Resolution No. 2024-004 Updating the
Transportation Impact Fee and Amending the 2023-2024 Master Fee Schedule to Include the
Updated Fee, and Resolution No. 2024-005 amending the Traffic Impact Policy;
NOW, THEREFORE, BE IT RESOLVED, the Town Council suspends Resolution Nos. 2024-
003, 2024-004, 2024-005, pending staff’s collection of information regarding the methodology
used in the nexus study and a future Town Council discussion of this topic.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of March, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________ Attachment 1
Page 148
ITEM NO. 9.