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Item2.Addendum with Attachments 3 and 4 PREPARED BY: ERIN WALTERS AND JOCELYN SHOOPMAN Associate Planner and Associate Planner 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov MEETING DATE: 08/04/2022 ITEM NO: 2 ADDENDUM TOWN OF LOS GATOS HOUSING ELEMENT ADVISORY BOARD REPORT DATE: August 3, 2022 TO: Housing Element Advisory Board FROM: Joel Paulson, Community Development Director SUBJECT: Continue the Review and Discussion of the Draft Goals, Policies, and Programs. REMARKS: Attachment 3 contains Board Member comments. The following is provided as additional clarification in response to comments and questions from a Board Member: 1. Why was Implementation Program (IP) F removed? Consider reinstating. Staff Response: IP F, Remove Conditional Use Permits for Residential Development, was removed from the IP section, because it is an IP K in the existing 2040 General Plan Land Use Element. This program will be referenced in a new section of the HE where existing IPs that affect housing are listed. 2. IP K: Seniors helping seniors. Are only Seniors helping? Staff Response: IP K can be retitled to Helping Seniors Program. 3. IP O: Lot Consolidation: All good, but the two concepts at "Ordinance to include . . ." and "Streamlined permit processing" should not be limited to lot consolidation. Consider adding same language to other programs OR pull these out as a separate program, broadly applicable to all of the efforts to build affordable housing. Staff Response: Could consider adding same language to other programs if preferred, though these are standard techniques that could be utilized even if not specifically mentioned in other IPs. PAGE 2 OF 7 SUBJECT: Continue the Review and Discussion of the Housing Element Draft Goals, Policies and Programs August 3, 2022 N:\DEV\HEAB\2021-2023\HEAB Staff Reports and Attachments\2022\08-04-2022\Item2 - Housing Element Goals, Policies, and Programs\Addendum\Item2.Addendum.docx 4. IP V: Great explanation of affordability covenants, but is it too much of a deep dive here? Is there a way to change this to a link to more detail in the final (digital) document? Staff Response: Staff will work with the Housing Element consultants to reduce lengthy program text. 5. IP Z: As I recall, the periodic meeting recommended was with developers, not service providers. But this is a good program. I would keep it and meet more frequently (maybe quarterly). And recommend adding a program to meet annually with developers. Staff Response: Staff does not recommend quarterly meetings, could be modified to state “at least annually” or “once a year, at a minimum.” 6. IP AL: Are we really amending the 2040 General Plan already? If this is a council-driven change, from their approval of the General Plan, wouldn't that be done now as staff is finalizing the GP? Staff Response: The HEAB provided the direction to allow residential (not in a mixed-use format) in the Mixed-Use General Plan designation, which is not currently permitted as part of the 2040 General Plan. To follow through on this HEAB recommendation, it would require an amendment to the 2040 General Plan. It is expected that there will be some additional modifications of the 2040 General Plan as a result of the Housing Element. Town Council will be the final deciding body on what to include in the final Housing Element. 7. IP AO: Recommend defining LBNC. Staff Response: The Housing Element will contain a Key Terms/Glossary section. 8. IP BD: Consider adding the agencies LG supports (e.g., WVCS) as another communication method or add communication of resources available to program AH. Staff Response: See suggested edits below to IP BD: BD Use a Variety of Communication Methods Broadcast information about available housing resources through a variety of communication methods across media, technological, nonprofit organizations, and traditional in person outreach methods, such as the Farmers Market, Library, and PAGE 3 OF 7 SUBJECT: Continue the Review and Discussion of the Housing Element Draft Goals, Policies and Programs August 3, 2022 N:\DEV\HEAB\2021-2023\HEAB Staff Reports and Attachments\2022\08-04-2022\Item2 - Housing Element Goals, Policies, and Programs\Addendum\Item2.Addendum.docx Attachment 6 contains public comments received after the completion of the Staff Report. ATTACHMENTS: Previously received with the August 4, 2022, Staff Report: 1. Draft Goals, Policies, and Implementation Programs 2. Public Comments received between 11:01 a.m., Thursday, July 7, 2022, and 11:00 a.m. on Friday, July 29, 2022 Received with this Addendum Report: 3. Board Member Comments 4. Public Comments received between 11:01 a.m., Friday, July 29, 2022, and 11:00 a.m., Wednesday, August 3, 2022 community center, with a particular focus on reaching the very low- and low-income demographic and those who may not have access to online resources. (New) This Page Intentionally Left Blank From: Kathryn Janoff <> Sent: Monday, August 01, 2022 6:12 PM To: Erin Walters <EWalters@losgatosca.gov>; Jocelyn Shoopman <jshoopman@losgatosca.gov> Cc: Melanie Hanssen <>; Joel Paulson <jpaulson@losgatosca.gov> Subject: Comments of the draft Goals, Policies and Programs EXTERNAL SENDER Hi, Erin and Jocelyn: Thank you for all your hard work in incorporating the changes recommended by the HEAB members. I have just a few comments on the draft before us. Kathryn ********************** Policy HE-1.2, Multi-family Housing Densities isn't referenced in the IPs. Maybe it's most closely connected to IPs U and X? Does it need its own IP? Language under Goal 5 mentions the 2040 General Plan. The new GP isn't mentioned anywhere else (except IP AL). 2040GP language may be elsewhere in the HE, but since this section stands on its own, the 2040GP should be emphasized in the introduction to underscore structural change is in place to support this HE. Implementation Programs Why was IP F removed? Consider reinstating. K: Seniors helping seniors. Are only Seniors helping? O: Lot Consolidation: All good, but the two concepts at "Ordinance to include . . ." and "Streamlined permit processing" should not be limited to lot consolidation. Consider adding same language to other programs OR pull these out as a separate program, broadly applicable to all of the efforts to build affordable housing. V: Great explanation of affordability covenants, but is it too much of a deep dive here? Is there a way to change this to a link to more detail in the final (digital) document? Z: As I recall, the periodic meeting recommended was with developers, not service providers. But this is a good program. I would keep it, and meet more frequently (maybe quarterly). And recommend adding a program to meet annually with developers. AL: Are we really amending the 2040 General Plan already? If this is a council-driven change, from their approval of the GP, wouldn't that be done now as staff is finalizing the GP? AO: recommend defining LBNC ATTACHMENT 3 BD: Consider adding the agencies LG supports (e.g., WVCS) as another communication method. OR add communication of resources available to program AH. Minor edits/comments Policy HE-2.6: ADUs (remove apostrophe)A: change wording "acres that facilitate" to "acres that can accommodate" Policy HE-4.2: insert the word "and" between "Acquisition" and "Improvement." E: change "explore" to "to drive" P: First sentence, Insert "BMP" between "existing" and "programs." Q: Improve readability by (first sentence) inserting a period after housing and remove the next word "and" AF: insert apostrophe after tenants AK: change semicolons after bullets to periods AN: move closed parenthesis to follow "proposals." BA: Doesn't seem like policy HE-5.1 belongs with this program From: Maria Ristow <MRistow@losgatosca.gov> Sent: Tuesday, August 02, 2022 6:40 PM To: Laurel Prevetti <LPrevetti@losgatosca.gov> Subject: Great article about benefits of bike lanes Good evening Laurel, Could we please share this article with the town council, planning commission and HEAB members? Los Gatos is planning for a healthier future with each bike lane improvement! https://www.bluezones.com/2022/07/the-link-between-bikeability-and- health/?utm source=BLUE+ZONES+Newsletter&utm campaign=09102afbdd- &utm medium=email&utm term=0 9642311849-09102afbdd- 200016253&mc cid=09102afbdd&mc eid=27a155488e Thank you, Maria Maria Ristow Vice Mayor, Los Gatos Town Council To help avoid violations of the Brown Act, please don’t forward this email. From: Phil Koen <> Sent: Friday, July 29, 2022 3:46 PM To: Erin Walters <EWalters@losgatosca.gov>; Joel Paulson <jpaulson@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov> Cc: Shelley Neis <sneis@losgatosca.gov>; Town Manager <Manager@losgatosca.gov>; Matthew Hudes <MHudes@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Rob Rennie <RRennie@losgatosca.gov>; Marico Sayoc <MSayoc@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; ; Rick Van Hoesen () <>; David Weissman <>; Lee Fagot <> Subject: Draft Goals of the Housing Element Members of the HEAB, The Staff’s June 10, 2022 memo for the HEAB’s June 16, 2022 meeting included a draft of five potential goals for the Housing Element. The goals were intended to be concise and communicate the Town’s housing need. Upon reviewing the goals and comparing them to goals established by a number of other local jurisdictions also preparing their Housing Element, I would like to offer a different set of goals which I believe are more on target and more importantly are actionable. Hopefully the HEAB will seriously consider these alternative goals and publicly discuss their merit: 6ht Cycle Housing Element goals 1.Provide adequate sites to achieve the 6th Cycle RHNA development of new housing. 2.Assist in the provision of affordable housing to meet the needs of the Town’s very-low and low income households. 3.Maintain and enhance the condition and affordability of existing housing in the Town. 4.Minimize the impact of governmental constraints on the maintenance, improvement, and development of housing. 5.Promote equal housing opportunities for all residents, including the Town’s seniors and special needs populations so that residents can reside in housing that meets their needs. I believe these goals better communicate the housing needs of the Town and will better inform the community of the housing policies and programs required to achieve these goals. One last point, I strongly recommend the Town Council review the Housing Element goals and adopt them before the entire Housing Element is drafted. It is critical the goals are used to guide the development of the Housing Element policies the Town intends to implement. I cannot find a timeline that indicates the Town Council will have the opportunity to review and adopt the goals before the Housing Element is fully drafted. This seems to put the cart before the horse. Thank you for considering these alternative goals. Phil Koen ATTACHMENT 4 From: BAHN Org > Sent: Monday, August 1, 2022 10:21 PM To: Rob Rennie <RRennie@losgatosca.gov>; Maria Ristow <MRistow@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Matthew Hudes <MHudes@losgatosca.gov>; Marico Sayoc <MSayoc@losgatosca.gov> Cc: Clerk <Clerk@losgatosca.gov> Subject: comments for housing Elements EXTERNAL SENDER Dear Los Gatos Mayor, Vice Mayor, and Council Members, Attached please find our comments for the housing elements Los Gatos city may discuss. Please feel free to reach out to us if you have any questions. Thanks for reading. Best! Dan Pan BAHN Representative website: Phone: BAHN is a non-profit, grassroots organization representing mom and pop housing providers in California. BAHN advocates for private property rights and housing friendly policies. It promotes education and professional development among members for their daily property management needs. It provides a platform for homeowners to connect and help each other. Its mission is to help members achieve greater success in their rental housing business. BAHN a non-profit grassroot organization to unite & connect Mom & Pop property owners in CA Together, we fight for property rights! Email: Phone: RE: Healthy Housing Elements for Californians (8/1/22) Dear Housing Elements Officials, We, at Business and Housing Network (BAHN), endeavor to provide a supportive community platform for mom-and-pop property owners throughout California. We are mostly immigrants and seniors working hard and overcoming language and cultural barriers to try to achieve the “American dream” of a middle-class life by investing our efforts and hard-earned savings in providing housing to renters. We highly value the importance of an inclusive community. Not long ago, without “too much bureaucracy of tenant protection,” when we came to California with little financial credential, we were able to find housing often offered by small mom-and-pop housing providers, and were readily accepted into the communities. For generations the small property owners are the backbones of the community housing, embracing and inspiring people from all walks of life and from all over the world. Sadly that social harmony in California has been slowly crumbling. The ever expanding hostile bureaucracy and draconian rental policies are dividing people, tearing down the centuries’ of proven prosperity through free enterprise, self governance, and respect for contractual business partnerships. The governmental traps for the residential rental business are now too daunting for the small players that the privilege is reserved as the playground for big-money corporations and government-funded organizations. The pathway for small mom- and-pop owners to middle class, along with their community-friendly privately-owned housing stock, are systematically squeezed out of the market. Data and economists consistently show that rent and building restrictions destroy the housing supply and hurt housing providers and renters alike at same time (see links below). Yet, the current housing element packet perpetrates and turns a blind eye on such failures: • Rent control distorts the rental prices and pits one group of renters to subsidize another. • It completely disregards property owners as laborers who deserve fair compensation to support their families’ livelihoods and keep up with the costs associated with properly maintaining their properties. • The forced income/cost deficits destroy the rental housing entrepreneurships, resulting in shrinking housing offerings, increased competition among renters for the limited housing availability, forced front- loading of higher rents by the surviving housing providers and reduced rental housing construction. • Many housing policies nullify the mutual contractual terms between an housing provider and their tenant clients, resulting in tremendous legal and financial uncertainty for housing providers, especially for the mom-and-pop and frail seniors with limited education, language skills or mobility, which undermine their control over their relations with their tenants. • This government-induced disrespect for property rights result in increased bad tenant behaviors and problems for the safety and enjoyment of the community. The exorbitant legal costs and disputes only add to government/owner/renter financial and social woes. • To see the deterioration of housing affordability and the quality of life under these horrific rent control and “tenant protection” laws, look no further than the infamous New York City, San Francisco, East Palo Alto, Oakland and newly extreme-rent-controlled St. Paul, where housing constructions have dwindled. As one can see, the proliferating draconian "tenant protection" and rent control policies do not work. California must start respecting the basic economics that every housing regulation or fee add to the base cost and thus rent. The government must allow businesses and clients to establish and enforce contractual terms