2015-053 - Denying the Board of Trustees of the LGUSD request to Set an Interim School Facilities FeeRESOLUTION 2015 -053
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING THEBOARD 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 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 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.
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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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California on the 6a' day of October 2015 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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