Desk Item\ I
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 1, 2015
MEETING DATE: 09/01/15
ITEM NO: 5
DESK ITEM
TO: MAYOR AND TOWN COUNCIL
FROM: 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:
After the agenda was published on August 27, 2015, staff received the attached
communication.
Attachments 1 -3 (Previously received with Staff Report on August 27 2015)•
1. Ordinance
2. LGUSD Letter and Findings
3. Draft Resolution
Attachment 4 (Received with this Desk Item)•
4. Communication received from 11:00 a.m. Thursday, August 27, 2015 through 11:00
a.m. Tuesday, September 1, 2015.
PREPARED BY: ROBERT SCHULTT�
Town Attorney f r( 7
Reviewed by: LR Assistant Town Manager own Attorney Finance
GROSVENOR,
September 1, 2015
CO MMUNITI FS OF DISTINCI lW
Town of Los Gatos
Honorable Mayor Jensen and Council Members
c/o Laurel Prevetti, Assistant Town Manager and Community Development Director
110 E. Main St.
Los Gatos, California 95031
Honorable Mayor Jensen and Council Members:
We understand that the Council has been asked by the Los Gatos Union School District
(LGUSD) to adopt an ordinance imposing an additional fee for school facilities pursuant to
Government Code Section 65970.
We have had discussions with LGUSD for many years, and in April 2015 SummerHill Homes
LLC and Grosvenor USA Limited reached a negotiated agreement with LGUSD. This voluntary
contribution of land (or a substantial per -unit monetary payment) to the District is in addition to
paying the required SB50 school fees. This agreement fully mitigates any impact caused to the
District by our prospective North Forty development and in fact provides, from a per -unit basis,
over 50% more than the proposed fee you will hear tonight.
Therefore, it is our understanding that if approved, any conditions or exactions imposed by this
new Town ordinance would not apply to our development in the North Forty Plan Area.
If the Town's legal understanding differs from that stated in this letter, please advise.
immediately.
Sincerely,
A. Don Capobres
Senior Vice President
Grosvenor
Wendi Baker
Vice President of Development
SummerHill Homes
ATTACHMENT