14 Attachment 8 - Public CommentsFrom: Phil Koen
Sent: Friday, September 15, 2023 3:02 AM
To: Maria Ristow <MRistow@losgatosca.gov>; Mary Badame <MBadame@losgatosca.gov>; Rob Rennie
<RRennie@losgatosca.gov>; Matthew Hudes <MHudes@losgatosca.gov>; Rob Moore
<RMoore@losgatosca.gov>
Cc: Gabrielle Whelan <GWhelan@losgatosca.gov>; Wendy Wood <WWood@losgatosca.gov>; Laurel
Prevetti <LPrevetti@losgatosca.gov>
Subject: Public Comment regarding the Housing Element - Agenda Item #14 - Town Council Meeting
September 19th
[EXTERNAL SENDER]
Dear Honorable Mayor,
I am deeply troubled the Town Manager con�nues to refuse to
make the newly hired Consultant available to our elected
officials (who are responsible for adop�ng a compliant Housing
Element) and the public to provide their findings as to the
status of the Housing Element and directly discuss their plan to
obtain HCD cer�fica�on. I would point to the atached leter
from HCD which clearly states that the housing element
process must engage the community by making informa�on
regularly available while considering comments.
Refusing to have the Consultant available to the public at the
September 19th Town Council mee�ng to provide an update on
their September 5th mee�ng with HCD (a�er having three
previous Housing Element rejected by HCD and the failure of
the prior consultant to obtain cer�fica�on a�er 2 years and
spending over $300,000 for their services) and available for
ques�ons is incompa�ble with HCD clear direc�on of engaging
the community. It also appears that the Staff’s inten�on to
prepare a fourth dra� of the Housing Element for presenta�on
to the HEAB prior to any public mee�ng to discuss Consultants
ATTACHMENT 8
specific plan to cure the prior defects also runs counter with the
explicit goal of public par�cipa�on.
The excuse the Consultant is too busy to atend a public
mee�ng goes beyond the pale. A competent Consultant, which
I am sure Tam and Associates is, can meet with our elected
officials and the public AND remain focused on obtaining HCD’s
cer�fica�on. It is a false choice that has been inten�onally
constructed to prevent the Town Council and the public from
directly obtaining valuable informa�on regarding the housing
element process and HCD’s concerns.
Why is the current process in the best interest of the public? It
isn’t. What facts are being hidden from the public view that is
driving the Staff to take the unreasonable posi�on of not
allowing the Consultant to atend the Town Council mee�ng?
One can only wonder.
It should be also pointed out there is no need to revise the
exis�ng contract to require the consultant to atend Town
council mee�ngs. A reading of the contract clearly shows the
scope of work does not specifically exclude atending Town
Council mee�ngs where public comments are made. In fact, the
contract specifically states that the consultant will summarize
public comments received and how the Town responded to
these comments. If the consultant never meets with the Town
Council and the public how exactly will the consultant comply
with this statement of work? They can’t.
It is not too late to instruct the Town Manager to have the
Consultant atend the mee�ng and be made available for
ques�ons. Please take the appropriate ac�on and officially
request the Consultant to atend. The public has a right to
directly ques�on a consultant that the Town has retained to
prepare a compliant Housing Element a�er three failed
atempts at obtaining HCD cer�fica�on.
Thank you,
Phil Koen
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 30, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Revised Draft Housing Element
Thank you for submitting the Town of Los Gatos’ revised draft housing element update
received for review on March 31, 2023. Pursuant to Government Code section 65585,
subdivision (b), the California Department of Housing and Community Development
(HCD) is reporting the results of its review. Our review was facilitated by a conversation
on May 10, 2023 with yourself, Jennifer Armer, Planning Manager, Jocelyn Shoopman
and Erin Walter, associate planners. In addition, HCD considered comments from Phil
Koen pursuant to Government Code section 65585, subdivision (c).
The revised draft housing element addresses many statutory requirements described in
HCD’s January 12, 2023 review; however, revisions will be necessary to substantially
comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed
Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (January 31, 2023), then any rezoning to make prior identified sites
available or accommodate the regional housing needs allocation (RHNA), including for
lower-income households, shall be completed no later than one year from the statutory
deadline. Please be aware, if the Town fails to adopt a compliant housing element
within one year from the statutory deadline, the element cannot be found in substantial
compliance until all necessary rezones pursuant to Government Code sections 65583,
subdivision (c)(1) and 65583.2, subdivision (c) are completed.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the Town must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be
Joel Paulson, Director
Page 2
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties
plan for emergency shelters and ensure sufficient and suitable capacity. Future
submittals of the housing element may need to address these statutory requirements.
For additional information and timing requirements, please see HCD’s memo at
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339-
notice.pdf.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the Town will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the Town to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are committed to assisting the Town in addressing all statutory requirements of
State Housing Element Law. If you have any questions or need additional technical
assistance, please contact Jose Armando Jauregui, of our staff, at
jose.jauregui@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Assistant Town Manager, and Community Development
Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 09/19/2023
ITEM NO: 14 TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: September 14, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss the Housing Element Work Plan.
RECOMMENDATION:
Discuss the Housing Element work plan.
BACKGROUND:
At the September 5, 2023 Town Council meeting, two Council Members requested that the
Housing Element work plan be added as an agenda item on the next possible Town Council
meeting. The Mayor scheduled this discussion for September 19, 2023.
DISCUSSION:
A. Earlier Town Council Discussion on August 15, 2023
On August 15, 2023, in response to a previous request from two Council Members, the
Council discussed the Housing Element work plan under Agenda Item 15. The deliberation
included a series of motions as described in the meeting minutes (Attachment 1).
B. Council Member Requests from September 5, 2023 Town Council Meeting
At the September 5, 2023 Town Council meeting, Council Member Hudes requested an
opportunity to provide direction to Town staff and the Town Council’s advisory bodies such
as the Housing Element Advisory Board (HEAB).
In addition, the following information was requested:
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PAGE 2 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
1) What is the proposed plan to obtain certification from the State Department of Housing
and Community Development (HCD) of the Town’s Housing Element by the “January 31,
2024, deadline for the Housing Element certification”?
2) Discuss the interactions between the Town and HCD.
3) Could the Town’s Housing Element consultant attend future Housing Element Advisory
Board, Planning Commission, or Town Council meetings?
With regard to request #1, the work plan was provided as Attachment 3 to the August 15,
2023 Town Council Staff Report.
Request #1 also referenced a January 31, 2024, deadline for certification. Per State law,
there was a January 31, 2023, deadline for adoption of the Housing Element. While there is
no deadline in State law for HCD certification of the Housing Element, staff is working to get
the Housing Element certified as soon as possible. As stated in the August 15, 2023 Town
Council staff report, there is a January 31, 2024 deadline for the Town to rezone the parcels
identified in its Sites Inventory. Staff brought those proposed rezonings to the Planning
Commission on September 13, 2023, and they are scheduled for Town Council
consideration on October 3, 2023.
Regarding request #2, staff and the consultant met with HCD on September 5, 2023. One
outcome of the meeting was HCD’s positive response to the consultant’s analytical
approach to demonstrate that the sites identified in the Town’s Sites Inventory have a
realistic possibility of being redeveloped. Specifically, the analytical approach consists of
documenting that the sites identified in the Town’s Sites Inventory are similar to sites for
which the Town has received planning applications. The analysis identifies characteristics
that are common to both sites in the Sites Inventory and sites for which the Town has
received planning applications. The characteristics of each site include:
1) Size;
2) Age of the structure(s);
3) Number of stories for each structure; and
4) Value of improvements versus land value.
With regard to request #3, staff does not recommend revising the Housing Element
consultant’s contract to require that the consultant attend Town meetings. It is vital that
the consultant focus on obtaining HCD’s certification of the Town’s Housing Element by
completing the necessary work to address all of HCD comments in its May letter to the
Town. Staff provided the Town Council with the consultant’s proposed methodology to
obtain HCD certification as Attachment 3 to the August 15, 2023 Town Council staff report.
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PAGE 3 OF 3
SUBJECT: Housing Element Work Plan
DATE: September 14, 2023
DISCUSSION (continued):
The consultant’s Site Inventory analysis and justification are expected to be part of the staff
report packet for the next HEAB meeting on September 28, 2023. The current goal is to
provide the HEAB the required edits to the Housing Element, as well as an updated list of
the HCD comments and completed responses.
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comments.
Public comments are encouraged throughout the Housing Element update process and can be
emailed to HEUpdate@losgatosca.gov.
CONCLUSION:
Staff looks forward to the Town Council’s discussion.
COORDINATION:
The Community Development Department coordinated with the offices of the Town Attorney
and Town Manager in the preparation of this report.
ATTACHMENTS:
Attachments previously received with the August 15, 2023 Staff Report:
1. Housing Element Update Timeline
2. Zoning and General Plan Amendments Timeline
3. Veronica Tam and Associates Proposal
4. Questions from the Vice Mayor
5. Public Comment received before 11:00 a.m. on August 10, 2023
Attachment previously received with the August 15, 2023 Addendum A:
None
Attachment previously received with the August 15, 2023 Addendum B:
6. Public Comment received between 11:01 a.m., August 11, 2023, and 11:00 a.m., August 14,
2023
Attachment received with this Staff Report:
7. August 15, 2023 Town Council Meeting Minutes
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