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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. I ATTACHMENTS 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. 2 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 3