Addendum1pWN OF
� °s cp�ps
DATE:
IlIC�
FROM:
MEETING DATE: 09/01/15
ITEM NO: 5
ADDENDUM
COUNCIL AGENDA REPORT
AUGUST 31, 2015
MAYOR AND TOWN COUNCIL
ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE
ADDING SECTION 25.60 TO THE CODE OF THE TOWN OF LOS
GATOS RELATING TO THE ADOPTION OF MITIGATION FEES
PURSUANT TO GOVERNMENT CODE SECTION 65970 TO
RELIEVE CONDITIONS OF OVERCROWDING IN THE LOS GATOS
UNION SCHOOL DISTRICT
REMARKS:
Staff has received additional inquiries from Council Members. This Addendum responds
to these questions and also makes minor changes to the Ordinance.
Minor Changes to Ordinance
On page 4, 5, and 6 of the Ordinance, the references to Section 16 should be Section 25.
Questions from Council
1. Given that the District's letter is dated in April, was there some reason to wait
until September to bring it before Council?
This item requires back to back public hearings at separate meetings. The first meeting is
to introduce the Ordinance that will allow for a mechanism and procedure for Council to
address any requests from a School District to set a fee to alleviate conditions of
overcrowding. The second meeting is to hold a public hearing to consider the Los Gatos
Union School District specific request for setting a fee for overcrowding. Staff s focus
in May and June was on the Housing Element and N40. The Town was on recess in July.
PREPARED BY: ROBERT SCHULT
Town Attorney
Reviewed by:
Town Manager own Attorney tc—Finance
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE ADDING SECTION 25.60
AUGUST 31, 2015
REMARKS (continued):
Due to the strategic goals meeting in August, it was determined that September was the
best month to bring this item forward to Council.
2. The Town is required to state that the school district will be overcrowded. Does
the town make its own determination or does it rely upon the information provided
by the district?
The Town Council can rely upon the expertise of a school district board in determining
whether the requirements of subdivision (d) of section 65974 in regard to overcrowding
are met. The "needs of the community for interim elementary or high school facilities,"
the "need for schools caused by the development," and the "amount necessary to pay five
annual lease payments for the interim facilities" would all be within the particular
knowledge of the school district board requiring assistance.
However, it is important to remember that this Public Hearing is only for Introduction
and First Reading of the Ordinance. The Ordinance will then allow for a mechanism for
the Town Council to hold a Public Hearing on September 15, 2015 to discuss the
overcrowding of Los Gatos Union School District and the amount of the fee to be
assessed.
3. Please clarify the meaning and implication of the phrase "interim facilities"
which occurs throughout Government Code Section 65974, to the extent that
paragraph (a)(4) requires the builder to actually remove the "interim facilities"
after 5 years. The proposed LG Ordinance makes no reference to "interim" in the
findings section (3rd "WHEREAS" just says "classroom and related facilities," e.g.)
But proposed Section 25.60.150 refers to "interim facilities," and pretty much
mirrors the State code language.
The proposed Ordinance follows Government Code Section 65970 et seq. and is standard
in almost all municipalities across the State that has enacted such an ordinance with one
exception. The exception can be found in Section 25.60.080 relating to Secondary
Dwelling Units. Staff was of the opinion that Secondary Dwelling Units should be
exempt from the Ordinance.
Government Code Section 65980 (c) provides: "(c) `Interim facilities' are limited to any
of the following: (1) Temporary classrooms not constructed with permanent foundation
and defined as a structure containing one or more rooms, each of which is designed,
intended, and equipped for use as a place for formal instruction of pupils by a teacher in a
school. (2) Temporary classroom toilet facilities not constructed with permanent
foundations. (3) Reasonable site preparation and installation of temporary classrooms.
(4) Land necessary for the placement thereon of any of the facilities described in
paragraph (1) or (2)."
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE ADDING SECTION 25.60
AUGUST 31, 2015
REMARKS (continued):
If the Council adopts the Ordinance and on September 15, 2015, concurs with the
findings of overcrowding, then the Los Gatos Union School District would be limited to
use these new fees on interim facilities and will be required to file a report each year with
the Town.
If Council desires, it can make changes to the "Whereas" to clarify that the fees can only
be used for interim purposes.
4. The report from school district talks about building permanent buildings to solve
current and future needs but the Ordinance Council is being asked to adopt is for
temporary relief and temporary buildings being removed after 5 years. This seems
to be a disconnect. Can you explain?
As set forth above, the proposed Ordinance follows State Law. If the Council on
September 15, 2015 concurs with the School District findings, it will need to follow State
Law and our Ordinance in regard to the use of the fees. Staff agrees that there seems to be
a disconnect between the amount that the fee (59.62) and its relationship to interim
facilities instead of permanent facilities. Council should request that this be further
explained by the School District prior to the September 15, 2015 meeting.
5. Proposed "SECTION II" effects potential wholesale modifications to any number
of ordinances, fee schedules, etc. Has anyone figured out how many things need to
be changed - and to the extent they are land use ordinances, etc., can the
modifications be imposed in a single act - as it appears we are doing here?
This is a standard clause set forth in the adoption of most ordinances in case there
inconsistent with the provisions of this Ordinance. There will no other changes to other
ordinances that will need to come forward for amendment or adoption..
6. Given that the request is being made on the development of several parcels (i.e.,
the RENA sites), are the developer fees imposed as the developments occur?
Fees are imposed at the time building permits are issued
7. The school references discussions with N40 developers. Will the report be
updated?
No update report has been requested from the School Board. The proposed ordinance
allows the School Board to enter into an agreement to exempt or modify any
development. They have entered into an agreement with the developers of N40 which
defines their contributions for overcrowding.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCTION OF ORDINANCE ADDING SECTION 25.60
AUGUST 31, 2015
CONCLUSION:
As stated in the Agenda Report, this is the first step in responding to the School District' s
request is to adopt the attached Ordinance relating to mitigation fees to relieve conditions
of overcrowding in Los Gatos Schools and allows for the mechanism for the Town of Los
Gatos to implement additional development fees. If the Town Council approves the
Introduction and First Reading of the Ordinance, then at your next Town Council
Meeting on September 15, 2015, the Town Council would consider the adoption of the
Ordinance and a Resolution on concurring with the findings of overcrowding made by
the Los Gatos Union School District and setting the development fee for collection.