Attachment 5RESOLUTION NO
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CONCURRING WITH THE FINDINGS OF OVERCROWDING MADE BY THE
BOARD OF TRUSTEES OF THE LOS GATOS UNION SCHOOL DISTRICT AND
DENYING THE SETTING OF AN INTERIM SCHOOL FACH -JTIES FEE
WHEREAS, the Legislature of the State of California enacted Government Code Sections
65970 -65981 in 1977 (SB 201), in order to provide a means to alleviate overcrowding in public
schools caused by new residential development; and
WHEREAS, the Legislature of the State of California enacted Government Code Sections
65995 -65996 in 1986 and amended thru SB 50, provides that the payment or fees imposed in the amount
specified in Section 65995 are deemed to be full and complete mitigation of the impacts on adequate
school facilities; and
WHEREAS, the Los Gatos Union School District (hereinafter the "School District ") has
made and presented to the Town Council of the Town of Los Gatos, a Resolution containing
findings that conditions of overcrowding exist in the attendance area of the School District within
the Town of Los Gatos which will impair the normal functioning of educational programs
including the reasons for such conditions existing and requesting the Town of Los Gatos to enact
an Interim School Facilities Fee of $9.57; and
WHEREAS, the Town Council of the Town of Los Gatos held a public hearing on
September I and September 15, 2015 on the finding of overcrowding of the School District and
the request to enact an Interim School Facilities Fee of $9.57 per sq. ft.
NOW, THEREFORE, the Town Council of the Town of Los Gatos does find and resolve
as follows:
SECTION 1:
The School District provides a high quality public school education to students who live in
the Town of Los Gatos and quality schools are a critical resource for local communities and
employers.
SECTION 2:
Improvements to school facilities are needed in the School District in order to provide the
students with adequate, proper, and safe educational facilities.
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SECTION 3:
The School District is experiencing an increase in enrollment that has led to overcrowding
at schools and enrollment projections call for continued increases in enrollment, resulting in
more overcrowding.
SECTION 4:
The Town Council of the Town of Los Gatos strongly supports the School District's
concerns to relieve overcrowding and relies upon the School District in its expertise,
methodology and determination of overcrowding in schools and therefore concurs with the
findings of the Board that conditions of overcrowding exist which will impair the normal
functioning of educational programs.
SECTION 5:
The Town Council of the Town of Los Gatos strongly encourages developers to
collaborate with the School Districts to address school needs and work closely with the School
District's to project enrollment growth and address overcrowding by assisting with identifying
strategies for providing needed school facilities and associated sources of funding.
SECTION 6:
The Town Council of the Town of Los Gatos shall work with the School District to seek
additional mitigation from developers to prevent further overcrowding. In implementing this
provision, the Town of Los Gatos shall comply with the provisions of SB 50.
SECTION 7:
SB 50 created a comprehensive school facilities financing and mitigation regime. The
effect of these SB 50 provisions is to limit the school fees that can be charged to new
development and to remove the ability of the Town of Los Gatos to make land use decisions
based on the inadequacy of school facilities or school overcrowding.
SECTION 8:
SB 50 expressly provides that the amount of any fees, charges, dedications, or other
requirements authorized under SB 201 may not exceed the Level I, II, and III maximum fee
amounts and the School District request to set an Interim School Facilities Fee at $9.57 per sq. ft.
is over the maximum fee allowed. Therefore, the Town Council of the Town of Los Gatos denies
the School District request to set an Interim School Facilities Fee at $ 9.57 per sq. ft.
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SECTION 9:
SB 201 is limited to funding temporary /interim school facilities and the School District's
findings fail to limit the fee expenditures to the authorized interim school facilities. Therefore,
the Town Council of the Town of Los Gatos denies the School District request to set an Interim
School Facilities Fee at $ 9.57 per sq. ft.
SECTION 10:
The Town cannot make the finding requirements of SB 201 that the specified land and
interim facilities are consistent with the jurisdiction's General Plan since the School District has
failed to identify the interim facilities with sufficient specificity. Therefore, the Town Council of
the Town of Los Gatos denies the School District request to set an Interim School Facilities Fee
at $ 9.57 per sq. ft.
SECTION 11:
SB 201 establishes that the value of the land to be dedicated or the amount of fees to be
paid shall not exceed the amount necessary to pay five annual lease payments for the interim
facilities. There is no evidence that the proposed fee of $9.57 per sq. ft. is limited to the amount
necessary to pay five annual lease payments for interim facilities. Therefore, the Town Council
of the Town of Los Gatos denies the School District request to set an Interim School Facilities
Fee at $ 9.57 per sq. ft.
PASSED AND ADOPTED by the Town Council, Town of Los Gatos at a regular
meeting thereof held on the 15a' day of September 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marcia Jensen, Mayor
ATTEST:
Shelley Neis, Clerk Administrator
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