Extend Term of HEAB" f MEETING DATE: 12/16/14
ITEM NO: q
COUNCIL AGENDA REPORT f
DATE: DECEMBER 5, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION EXTENDING THE TERM OF THE HOUSING
ELEMENT ADVISORY BOARD TO MAY 31, 2015 FOR THE 2015 -2023
HOUSING ELEMENT UPDATE
RECOMMENDATION:
Adopt a resolution extending the term of the Housing Element Advisory Board to May 31, 2015
for the 2015 -2023 Housing Element Update.
BACKGROUND:
The Town is required to prepare an updated General Plan Housing Element for the period
covering 2015 -2023. Under State law the Town Council must adopt the Housing Element no
later than May 31, 2015 and then submit it for consideration for certification by the State
Housing Community Development Department (HCD). The updated Housing Element is
required to show how the Town intends to accommodate the housing needs of its residents and
local businesses for the upcoming 8 years and includes action items to facilitate the planning for
these units.
If the Town satisfies these requirements, another Housing Element update will not have to be
prepared until January 2023. If the certification and adoption deadlines are not met, the Town
will be required to prepare a certified Housing Element every four years. Local communities
without certified housing elements may be subject to lawsuits which may impede their ability to
approve /deny land use entitlements, issue building permits, or maintain eligibility for grants or
financing incentives.
PREPARED BY: LAUREL PREVETTI "d .
Assistant Town Manager/Dire for of Community Development
Reviewed by: N/A Assistant Town Manager —Q&rown Attorney �% Fl 'inance
N: \DEV\TC REP0RTS\2014\Hsg.E1em=t Taskfome. 12- 16- 14.dmx Refonnatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: HOUSING ELEMENT ADVISORY BOARD
December 5, 2014
DISCUSSION:
On February 3, 2014, the Town Council adopted Resolution 2014 -004 appointing the entire
General Plan Committee (nine members) and four residents to the Housing Element Advisory
Board. The purpose of the Board was to maximize public outreach and community involvement
in the update of the Town's Housing Element. Including the General Plan Committee eliminated
a subsequent step in the Town's process for consideration of General Plan amendments, and
adding four resident members enabled the Council to appoint a Board which reflects the diversity
of Los Gatos neighborhoods and interests, all while maintaining the smallest Board possible
given the tight timeframes and complex information that must be addressed.
The Board has held ten public meetings to date. Its guidance through the process has been
valuable to the creation of workable strategies to meet the Town's fair share of housing required
for the 2015 -2023 planning period. Specifically, in August, the HEAB voted to recommend to
the Town Council that the Draft Housing Element be submitted to HCD for a 60 -day streamlined
review. On September 2, 2014, the Town Council formally authorized the submittal to HCD. In
early October, HCD staff provided Town initial comments and staff submitted an updated
document to address those comments. On November 7, 2014, HCD sent their formal comments
which were much more extensive than anticipated. The HEAB met on November 19 and
December 1 to begin discussing possible modifications to the Housing Element to address the
comments. The Board has not completed its discussion and their guidance is needed in early
2015 to complete the Housing Element under the State mandated time frame.
Staff recommends that Council adopt the resolution extending the Advisory Board to May 31,
2015 to continue to advise the Town on its Housing Element. Given the technicalities of the
Housing Element and the contributions of the resident members of the HEAB, staff recommends
no changes to the members with the exception of resolving the Brown Act requirement that three
seated Council Members cannot serve on the HEAB.
Pursuant to Resolution 1998 -49 (Attachment 2), the Council appoints two Council Members, two
residents, and one business representative to the General Plan Committee. The Planning
Commission Chair appoints three Planning Commissioners and the Community and Senior
Services Commission Chair appoints one Community Services Commissioner to the GPC. The
tern of the current business representative expires on December 31, 2014 and on December 16,
2014, the Council will consider its appointments to the GPC. The incoming Planning
Commission Chair is expected to make its GPC appointments in mid -January 2015 and the
Community and Senior Services Commission chair may be making their appointment in late
January. Council's consideration of extending the HEAB may assist the appointments to the
GPC so that the potential new members will know the scope of their responsibilities.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined in CEQA.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: HOUSING ELEMENT ADVISORY BOARD
December 5, 2014
FISCAL IMPACT:
The anticipated cost of facilitating the Housing Element Advisory Board is covered by the
existing FY2014 -2015 Budget.
ATTACHMENTS:
1. Draft Resolution
2. Resolution 1998 -49: General Plan Committee
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1 *0j R110[iRP -11 II
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
EXTENDING THE HOUSING ELEMENT ADVISORY BOARD
TO MAY 31, 2015 FOR
THE 2015 -2023 HOUSING ELEMENT UPDATE
WHEREAS, the Town of Los Gatos is required by the State Housing Laws to prepare an
update its existing State Certified Housing Element for the 2015 through 2023 planning period;
and
WHEREAS, the updated Housing Element must include plans and policies to show how
Los Gatos plans to accommodate the estimated housing needs of residents and business for the
next eight year period; and
WHEREAS, the State Department of Housing and Community Development has
recommended that communities maximize public outreach and community involvement during
the preparation and updates of housing elements; and
WHEREAS, the Town Council desires to provide additional opportunities for community
input and public involvement as part of the Housing Element update process; and
WHEREAS, the formation of an advisory board to make recommendations to the Town's
decision making bodies has been an established method to effectuate and allow greater community
input and public involvement; and
WHEREAS, the Town established a Housing Element Advisory Board on February 3,
2014 consisting of the Town's nine member General Plan Committee and four residents; and
WHEREAS, the Town's work on the Housing Element is continuing into 2015 with the
expectation of Town Council consideration of the Housing Element adoption prior to the State
deadline of May 31, 2015.
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, that Town Council of the Town of Los
Gatos does hereby extend the Housing Element Advisory Board and that the Board shall
automatically be dissolved on May 31, 2015.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 16th day of December, 2014, by the following vote:
COUNCIL MEMBERS :_
AYES:
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
N. 1)1 =!".RI SOS20I4 RLSO- EXTENDING HOUSING ELEMENT ADVISORY BOARD.docx
GENERAL PLAN COMMITTEE
RESOLUTION 199849
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CHANGING THE COMPOSITION OF THE GENERAL PLAN COMMITTEE
TO REDUCE THE NUMBER OF BUSINESS REPRESENTATIVES
AND INCREASE THE NUMBER OF TOWN RESIDENTS
AND RESCIND RESOLUTION 1996 -88
RESOLVED, by the Town Council of the Town ofLos Gatos, that the Town Council hereby formally
establishes the General Plan Committee ( "Committee "). The Committee shall be advisory to the Planning
Commission and shall operate in the manner hereinafter prescribed.
Appointment and term of office.
The Committee shall consist of nine (9) members. Three (3) members shall be members of the
Planning Commission, two (2) members shall be members of the Town Council, one (1) member shall
be an owner of property in the Town zoned and used for business purposes with a Town business
license, or a manager of a business with a place of business in the Town, one (1) member shall be a
member ofthe Community Services Commission, and two (2) members shall be residents of the Town.
The business property owner or business manager shall not be required to reside within the Town of
Los Gatos.
The terns of office of the Committee shall be at the discretion of the Mayor for Town Council
members, the Chair of the Planning Commission for Planning Commission members and the Chair of
the Community Services Commission for the Community Services Commission member. The public
members shall be appointed by the Town Council and shall serve a term of four (4) years.
2. Removal of public members: absence of members:
The removal of the public members and the absence of members shall be governed in accordance with
the rules established the latest Town Council resolution concerning duties of members of Boards and
Commissions of the Town of Los Gatos. Vacancies shall be filled by appointment by a majority vote
of the Town Council, and shall be for the unexpired term of the office vacated.
3. Meetings: quorums: officers.
The Committee shall hold regular meetings at least once a month as deemed necessary by the Planning
Director. A majority of the Committee shall constitute a quorum for the purpose of transacting the
business of the Committee. The Committee shall elect a chair and vice - chair, both of whom shall serve
at the pleasure of the Committee. Terms of office shall be for one year and shall begin on February
1 and continue through January 31 of the following year.
4. Powers and Duties.
The duties of the Committee shall be to report to, consult with, and provide assistance to the Planning
Commission and Town Council on all matters relatirtg to the General Plan or any specific Plan. The
Committee must report to the Planning Commission prior to any Commission meeting scheduled to
discuss an application for a General Plan Amendment.
Resolution not to affect powers of Town Council or Planning Commission. ATTACHMENT 2
Nothing in this resolutiu, shall be construed as restricting or curtailing ,..,y of the powers of the Town
Council or Planning Commission, or as a delegation to the Committee of any of the authority or
discretionary powers vested and imposed by law in such bodies.
6. Business Representatives.
The Council declares that an individual appointed to the General Plan Committee described in Section
1 above as representing the business sector is intended to represent and further the interests of the
business sector, and that such representation and furtherance will ultimately serve the public interest.
Accordingly, the Council find that for the purposes of a person who holds such office, the business
sector is tantamount to and constitutes the public generally within the meaning of Section 87103 of
the Government Code and as provided in Section 18703 of Title 2, Division 6 of the California Code
of Regulations. This means that a member of this Committee will not be disqualified in matters
affecting his/her business interests.
FURTHER RESOLVED that this Resolution rescinds Resolution 1996 -88.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th day of May,
1998 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Jan Hutchins and Mayor Lubeck
NAYS: Randy Attaway
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA