Item2.Desk Item with Attachment 5
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 08/24/2023
ITEM NO: 2
DESK ITEM TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: August 24, 2023
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discuss Portions of the Town’s Interim Working Draft Revised
Housing Element Addressing the California Department of Housing and
Community Development’s (HCD) Findings/Comment Letter Received by the
Town on May 30, 2023.
REMARKS:
Attachment 5 contains public Comments received between 11:01 a.m., Wednesday, August 23,
2023, and 11:00 a.m., Thursday, August 24, 2023.
ATTACHMENTS:
Previously received with the August 24, 2023, Staff Report:
1. Partial Interim Working Draft Response Memorandum to HCD’s Findings Comment Table
2. Draft Revised Appendix A
3. Public Comments Received between 11:01 a.m., Thursday, July 20, 2023, and 11:00 a.m.
Friday, August 18, 2023
Received with the August 23, 2023, Addendum Report:
4. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m.,
Wednesday, August 23, 2023
Received with this Desk Item Report:
5. Public Comments received between 11:01 a.m., Wednesday, August 23, 2023, and 11:00
a.m., Thursday, August 24, 2023
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HEAB Meeting 8-24-23
Item 2
Honorable Chair, Vice-Chair and Commissioners.
The letter from our attorney written on behalf of the Los Gatos Community Alliance is very thorough and
complete. Neither he, the Los Gatos Community Alliance, the four developers who have filed “builder’s
remedy nor the HCD believe the Town is in compliance. I point this out more to ask you to look at the
risk levels of what may be forthcoming. We are all in unchartered waters, but the costs could be huge to
the party that is wrong.
By wasting valuable time doing the GP before the HE, I am concerned that the leadership of this Town
has severely failed us for the past two years. This was not a HEAB created problem, but rather a failure
of leadership. The following are some questions that I think you might consider in your deliberation
process:
•What if our attorney’s letter is substantially correct?
•What are the risk factors that the Town will have to face going forward?”
The Town Manager with the mayors’ leadership have told the HCD that they believe that we are in
substantial compliance with the requirements of the Housing Element. Who is right may very well be
determined in a court of law. That brings up another question.
•What are the odds that Los Gatos would beat the state and why do you think that? If we lose
that battle, what will be our costs plus the costs of the state? As I understand it, the loser pays
the winners legal costs in addition to their own. We’re out of time to stop the four builders
remedies. Are more coming?
•What are the additional risks to Los Gatos in terms of missing another deadline?
•What would be the costs of the penalties we might incur in terms of dollars and time?
•What other costs would the Town incur above dollars and time?
•How can the HEAB make clear decisions without hearing from the TM and TA what our
assumed risks are?
The last questions that I would like to have the HEAB consider,
•What is the timing and the cost to the Town if we pulled the units from our Tier 2 and Tier 3
units now to mitigate a possible 4th rejection by the HCD? There may be some additional time
required, but will that time exceed the time it would take to recover from a 4th rejection? Why
not just add the parcels now?
ATTACHMENT 5
Jak Van Nada -
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town
Jak@lgca.town