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Desk Item PREPARED BY: ARN ANDREWS ASSISTANT TOWN MANAGER Reviewed by: Town Manager and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 5/1/2018 ITEM NO: 13 DESK ITEM ITEM NO: 11 DATE: MAY 1, 2018 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: REVIEW SUPPLEMENTAL INFORMATION FROM SUPPORT TEACHER HOUISING AND HABITAT FOR HUMANITY FOR BELOW MARKET PRICE (BMP) HOUSING AT 20 DITTOS LANE AND DIRECT THE TOWN MANAGER TO ENTER INTO AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH ONE OF THE PARTIES REMARKS: After the distribution of the staff report, staff received the following question from a Councilmember. The staff responses follow in italics below. Attachment 11 reflects Public Comments received after the distribution of the staff report and addendum from 11:00 a.m. on Monday, April 30, 2018 until 11:00 a.m. on Tuesday, May 1, 2018. Do the applicable rules to limit housing to teachers apply only to “teachers” or can it be broadened to “educators” which includes all staff, including administrative and j anitorial staff that work at the school to support a child’s education? The California Teacher Housing Act of 2016 states that its purpose is “facilitate the acquisition, construction, rehabilitation, and preservation of affordable rental housing for teachers and school district employees to allow teachers or school district employees to access and maintain housing stability.”. The California Teacher Housing Act of 2016 defines “Teacher or school district employee” as “any person employed by a unified school district maintaining prekindergarten, transitional kindergarten, and grades 1 to 12, inclusive, an elementary school district maintaini ng prekindergarten, transitional kindergarten, and grades 1 to 8, inclusive, or a high school district PAGE 2 OF 3 SUBJECT: REVIEW SUPPLEMENTAL INFORMATION FROM SUPPORT TEACHER HOUISING AND HABITAT FOR HUMANITY FOR BELOW MARKET PRICE (BMP) HOUSING AT 20 DITTOS LANE AND DIRECT THE TOWN MANAGER TO ENTER INTO AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH ONE OF THE PARTIES DATE: APRIL 30, 2018 S:\COUNCIL REPORTS\2018\05-01-18 Mid-Year Interviews\13 Dittos Lane\13 Desk Item Dittos Lane.docx 5/1/2018 11:21 AM maintaining grades 9 to 12, inclusive, including, but not limited to, certificated and classified staff”. Does the resident of the unit have to work in the school district that is involved with this project? For example, can a teacher at Alta Vista live at this house even if it falls in a different school district? The California Teacher Housing Act of 2016 does not specifically address the issue of whether the resident of the unit have to work in the school district that is involved with th e project. The preamble of the California Teacher Housing Act of 2016 states: “Students and the community at large are benefited by teachers living in the community in which they practice their profession. It ensures stability, community involvement, and stronger ties between teachers, their students, and their families” and “By creating affordable housing options for teachers near or on school sites, it also reduces vehicle miles traveled and time away from teachers’ homes, thereby reducing or eliminating commute time”. Based upon this language it is the Town Attorney’s opinion that they would have to live in the unified school district. What happens if there is not enough demand that meets the Below Market Price BMP criteria for the town? Currently Hello Housing is the administrator of the Town’s Below Market Price Program and maintains a wait list of potential renters. Given the pent-up demand for housing, there should be qualified candidates who meet the BMP requirements. In addition, it should be noted that either proposer will be held to the Town’s BMP Program as governed by Division 6 of the Town Code as part of an Exclusive Negotiation Agreement (ENA) with the Town. After the ENA is approved, the selected proposer will move to the development review process and the proposed development will be held to all applicable Town Codes. If a proposer additionally seeks to provide BMP units based on the California Teacher Housing Act of 2016 the development would also need to comply with the terms of that Act. Attachments previously received with Staff Report and Addendum: Attachment 1 - STH Revised Architectural Drawing Attachment 2 - STH Howell Easement Letter Attachment 3 - STH Maas Easement Letter Attachment 4 - STH SCC Fire Engagement Letter PAGE 3 OF 3 SUBJECT: REVIEW SUPPLEMENTAL INFORMATION FROM SUPPORT TEACHER HOUISING AND HABITAT FOR HUMANITY FOR BELOW MARKET PRICE (BMP) HOUSING AT 20 DITTOS LANE AND DIRECT THE TOWN MANAGER TO ENTER INTO AN EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH ONE OF THE PARTIES DATE: APRIL 30, 2018 S:\COUNCIL REPORTS\2018\05-01-18 Mid-Year Interviews\13 Dittos Lane\13 Desk Item Dittos Lane.docx 5/1/2018 11:21 AM Attachment 5 - STH LGHS Engagement Letter Attachment 6 - STH LG Union School District Engagement Letter Attachment 7 - Habitat College Avenue Community Meeting Attachment 8 - Habitat Revised Proposal Attachment 9 - Habitat Revised Proposal 2 Attachment 10 - Public Comment Attachment received with this Desk Item: Attachment 11 - Public Comments received between 11:00 a.m., Monday, April 30, 2018 and 11:00 a.m., Tuesday, May 1, 2018.