Desk ItemI/ rl
�0a�6A��g
DATE:
TO:
FROM:
SUBJECT:
REMARKS:
MEETING DATE: 10/06/15
ITEM NO: 2
DESK ITEM
COUNCIL AGENDA REPORT
OCTOBER 6, 2015
MAYOR AND TOWN COUNCIL
ROBERT SCHULTZ, TOWN ATTORNEJjj�k7
ADOPTION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS SUPPORTING THE BOARD OF TRUSTEES OF THE LOS
GATOS UNION SCHOOL DISTRICT EFFORTS TO RELIEVE
OVERCROWDING IN ITS SCHOOLS
ADOPTION OF A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF LOS GATOS DENYING THE BOARD OF TRUSTEES OF THE LOS
GATOS UNION SCHOOL REQUEST TO SET AN INTERIM SCHOOL
FACILITIES FEE
After the initial Staff Report was distributed on October 1, 2015, the Mayor submitted the
following minor edits to the Resolutions which have been incorporated into the attached revised
Resolutions. If these edits are acceptable to Council, then as part of the motion to approve the
consent calendar, the maker of motion should add that approval of Consent Item 2 includes the
revised Resolutions.
Attachment 3 — Revised Resolution Supporting the School District's efforts to relieve
overcrowding
2nd "WHEREAS ": There should be some declaration identifying the Code Sections for SB 50,
then indicating that SB 50 amended SB 201.
4th "WHEREAS ": This might read better as "on the School District's finding of overcrowding"
vs. how it is now.
SECTION 3: Change "The School District has presented documents to the Town containing its
conclusion that..." rather than "asserts."
SECTION 4: "The Town of Los Gatos, in reliance on the School District's expertise, methodology
and determination that it faces difficulties associated with increased enrollment, strongly supports
the District in its efforts to relieve overcrowding and to make needed improvements to school
facilities."
Reviewed by: W Town Manager Assistant Town Manager N/A Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: RESOLUTIONS REGARDING SCHOOL OVERCROWDING AND SCHOOL
FACILITIES FEE
OCTOBER 6, 2015
REMARKS (cont'd):
SECTION 5: "..to address school needs and to work closely with the School District (no
possessive) to project enrollment growth which may be associated with a proposed development,
and to assist the District in identifying strategies to address overcrowding issues, as by providing
needed facilities and/or associated sources of funding.."
Attachment 4 - Revised Resolution denying School Interim Facilities Fee
2nd "WHEREAS" Same issue identified in this same paragraph for Attachment 3.
4th "WHEREAS" Same issue as Paragraph 4, above.
SECTION 2: I'm assuming that Level I, II, III, are contained in SB 50 -- not clear
SECTION 4: "jurisdiction" should be "Town's"
SECTION 5: "...the School District has presented no evidence that..."
SECTION 6: "have been evaluated and therefore finds that..."
Attachments 1 -2 (Previously submitted on October 1.2015):
1. Resolution Supporting the School District's efforts to relieve overcrowding
2: Resolution denying School Interim Facilities Fee
Attachments 3 -4 received with this Desk Item:
3. Revised Resolution Supporting the School District's efforts to relieve overcrowding
4. Revised Resolution denying School Interim Facilities Fee
RESOLUTION NO
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
SUPPORTING THE BOARD OF TRUSTEES OF THE LOS GATOS UNION SCHOOL
DISTRICT EFFORTS TO RELIEVE OVERCROWDING IN ITS SCHOOLS
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 (amended by Senate Bill 50 (SB 50) and Proposition IA in 1998), provide a
comprehensive school facilities financing and reform program that prohibits local agencies from denying
either legislative or adjudicative land use approvals on the basis that school facilities are inadequate; 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; and
WHEREAS, the Town Council of the Town of Los Gatos held public hearings on
September 1 and September 15, 2015 on the finding of overcrowding of the School District.
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.
SECTION 3:
The School District has presented documents to the Town containing its conclusion that it
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.
I
ATTACHMENT
SECTION 4:
The Town Council of the Town of Los Gatos, in reliance on the School District's expertise,
methodology and determination that it faces difficulties associated with increased enrollment,
strongly supports the District in its efforts to relieve overcrowding and to make needed
improvements to school facilities.
SECTION 5:
The Town Council of the Town of Los Gatos strongly encourages developers to
collaborate with the School District to address school needs and work closely with the School
District to project enrollment growth which may be associated with a proposed development, and
to assist the District in identifying strategies to address overcrowding issues, as by providing
needed facilities and/or 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:
The support of the Town Council of the Town of Los Gatos to the School District's efforts
to relieve overcrowding shall not be deemed to concur with the School District Findings pursuant
to Government Code Section 65971- 65972.
PASSED AND ADOPTED by the Town Council, Town of Los Gatos at a regular
meeting thereof held on the 6h day of October 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Shelley Neis, Clerk Administrator
Marcia Jensen, Mayor
2
RESOLUTION NO
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING THE BOARD OF TRUSTEES OF THE LOS GATOS UNION SCHOOL
REQUEST TO SET AN INTERIM SCHOOL FACILITIES 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 (amended by Senate Bill 50 (SB 50) and Proposition I A in 1998), provide
a comprehensive school facilities financing and reform program that prohibits local agencies
from denying either legislative or adjudicative land use approvals on the basis that school
facilities are inadequate; 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 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 public hearings on
September 1 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:
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. 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.
1
ATTACHMENT
SECTION 2:
SB 50 expressly provides that the amount of any fees, charges, dedications, or other
requirements authorized 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 pursuant to SB 50. 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 3:
SB 201 is limited to funding temporary /interim school facilities and the School District's
findings fail to limit the requested 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 4:
The Town Council of the Town of Los Gatos cannot make the findings required under SB
201 that the specified land and interim facilities are consistent with the Town'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 5:
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. The School District has presented 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.
SECTION 6:
The Town Council of the Town of Los Gatos cannot make the findings pursuant to
Government Code Section 65971 -65972 that all reasonable methods of mitigating conditions of
overcrowding have been evaluated and therefore finds that and the School District has failed to
comply with SB 50 and SB 201 as set forth above.
2
PASSED AND ADOPTED by the Town Council, Town of Los Gatos at a regular
meeting thereof held on the 6d' day of October 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Marcia Jensen, Mayor
ATTEST:
Shelley Neis, Clerk Administrator