Los Gatos City Council
June 7, 2022

Address APN
Parcel Size
(Gross
Acres)
Draft 2040
General Plan
du/ac
Draft 2040 General Plan Land Use
Designation Zoning Use
Very LowIncome
Units
Low-Income
Units
ModerateIncome Units
Above
Moderate
Income Units
Total
D - Los Gatos Boulevard Area
D-2 15466 Los Gatos Blvd. 42415044 3.77 40 Mixed Use Commercial CH Los Gatos Village Square 75 38 38 151 15480 Los Gatos Blvd. 42414034 0.56 40 Mixed Use Commercial CH Car Dealership 90 44 44 178 15500 Los Gatos Blvd. 42414035 3.88 40 Mixed Use Commercial CH Car Dealership D-6 15445 Los Gatos Blvd. 42419068 1.53 40 Mixed Use Commercial CH Trilogy Gym 31 15 15 61 D-7 15475 Los Gatos Blvd. 42419065 1.34 40 Mixed Use Commercial CH McDonald's 28 13 13 54 D-8 15495 Los Gatos Blvd. 42422030 3.85 40 Mixed Use Commercial CH Multi-Tenant Building 76 39 39 154 D-11 15665 Los Gatos Blvd. 42421056 0.90 40 Mixed Use Commercial C-1 Jiffy Mart & Liquor 18 9 9 36 D-12 15721 Los Gatos Blvd. 42421058 0.93 40 Mixed Use Commercial CH Sunbelt Rentals 19 9 9 37 D-15 15771 Los Gatos Blvd. 42421049 0.51 40 Mixed Use Commercial CH Jack in the box 10 5 5 20 D-16 15795 Los Gatos Blvd. 52915059 0.64 40 Mixed Use Commercial CH Affordable Treasures 14 6 6 26 D-17 15827 Los Gatos Blvd. 52915077 0.64 40 Mixed Use Commercial CH Multi-Tenant Building 14 6 6 26 15920 Los Gatos Blvd. 52301011 1.05 40 Mixed Use Commercial C-1 Cornerstone Shopping Center 101 50 50 201 15986 Los Gatos Blvd. 52301012 0.82 40 Mixed Use Commercial C-1 Cornerstone Shopping Center 16000 Los Gatos Blvd. 52301013 2.71 40 Mixed Use Commercial C-1 Cornerstone Shopping Center 16002 Los Gatos Blvd. 52301014 0.44 40 Mixed Use Commercial C-1 Cornerstone Shopping Center D-19 620 Blossom Hill Rd. 52916041 2.64 40 Mixed Use Commercial CH Luxury Car Dealers 54 26 26 106 D-20 16151 Los Gatos Blvd. 52916040 3.55 40 Mixed Use Commercial CH Los Gatos Acura Dealership 70 36 36 142 D-25 16185 Los Gatos Blvd. 52916074 0.88 40 Mixed Use Commercial CH Multi-Tenant Building 17 9 9 35 700 Blossom Hill Rd. 52306046 0.47 40 Mixed Use Commercial C-1 Kings Court Shopping Center 156 78 78 312 750 Blossom Hill Rd. 52306045 6.77 40 Mixed Use Commercial C-1 Kings Court Shopping Center 16100 Los Gatos Blvd. 52306035 0.56 40 Mixed Use Commercial C-1 Kings Court Shopping Center D-31 16330 Los Gatos Blvd. 53206075 7.48 20 Low Density Residential R-1:8 Calvary Church 37 22 22 69 150 D-32 15166 Los Gatos Blvd. 42417042 2.36 40 Mixed Use Commercial CH Office Depot 46 24 24 94 15595 Los Gatos Blvd. 42422035 0.10 40 Mixed Use Commercial C-1 Multi-Tenant Building 17 9 9 35 15585 Los Gatos Blvd. 42422034 0.12 40 Mixed Use Commercial C-1 Multi-Tenant Building 4242299 0.65 40 Mixed Use Commercial C-1 Multi-Tenant Building D-35 15575 Los Gatos Blvd. 42422033 0.92 40 Mixed Use Commercial CH Multi-Tenant Building 19 9 9 37 D-36 15553 Los Gatos Blvd. 42422027 0.97 40 Mixed Use Commercial CH Wheel Works 19 10 10 39 D-37 15879 Los Gatos Blvd. 52915084 0.71 40 Mixed Use Commercial CH Citi Bank 14 7 7 28 G- Winchester Boulevard Area
G-2 14101 Winchester Blvd. 40630015 4.44 30 Community Commercial C-1 Vasona Station Shopping Center 33 20 20 60 133 G-3 206 Knowles Dr. 42432076 2.41 40 High Density Residential CM Office H - Pollard Road Area
H-1 1514 Pollard Rd. 40733017 0.38 20 Neighborhood Commercial C-1 Safeway Shopping Center 8 8 H-2 1500 Pollard Rd. 40733016 2.26 20 Neighborhood Commercial C-1 Safeway Shopping Center 45 45 D-34
D-18
D-27
Draft 2040 General Plan Density
D-3

Address APN
Parcel Size
(Gross
Acres)
Draft 2040
General Plan
du/ac
Draft 2040 General Plan Land Use
Designation Zoning Use
Very LowIncome
Units
Low-Income
Units
ModerateIncome Units
Above
Moderate
Income Units
Total
H-3 1440 Pollard Rd. 40733024 3.12 20 Neighborhood Commercial C-1 Safeway Shopping Center 16 9 9 28 62 I - Union Avenue Area
15521 Union Ave. 52341035 0.50 30 Community Commercial C-1 Downing Shopping Center 47 28 28 86 189 15525 Union Ave. 52341036 5.80 30 Community Commercial C-1 Downing Shopping Center 15066 Los Gatos Almaden Rd. 52341012 0.61 20 Neighborhood Commercial O Office Building 19 52341011 0.36 20 Neighborhood Commercial O Office Building J - Harwood Road Area
J-2 14010 Blossom Hill Rd. 52732031 4.15 20 Neighborhood Commercial C-1 Blossom Hill Square Shopping Center 21 12 12 38 83 J-3 13980 Blossom Hill Rd. 56764010 0.53 20 Neighborhood Commercial C-1 Physical Therapy Building 11 11 J-4 14184 Blossom Hill Rd. 52732030 1.69 20 Neighborhood Commercial C-1 U.S. Bank 34 34 K - E. Main Street Area
K-2 10 Jackson St. 52934018 0.78 30 Community Commercial C-1 Multi-Tenant Building 23 23 L - Alberto Way Area
L-1 475 Alberto Way 52921999 5.17 40 Office Professional O:PD Offfice Building 103 52 52 207 M - Churches
M-1 16575 Shannon Rd. 52305002 5.28 12 Low Density Residential R-1:8 Presbyterian Church 16 10 10 27 63 M-2 16548 Ferris 53207127 2.24 12 Low Density Residential R-1:8 Faith Lutheran Church 27 27 M-4 15985 Rose Ave. 41020045 3.90 12 Low Density Residential R-1:8 The Church of Jesus Christ Latter Day
Saints 47 47
M-5 15885 Los Gatos Almaden Rd. 42113056 2.30 40 Office Professional R-1:8 Holy Cross Lutheran Church 46 23 23 92 M-6 15980 Blossom Hill Rd. 52309003 0.51 12 Low Density Residential R-1:8 Unitarian Universalist Fellowship LG 6 6 Subtotal 1306 676 676 1156 3814
ADUs 20 60 60 60 200
Pipeline projects 202 202
TOTAL 1326 736 736 1418 4216
RHNA Requirements 537 310 320 826 1993
Buffer (15 percent) 81 46 48 124 299
RHNA + Buffer Total 618 356 368 950 2292
Difference 708 380 368 468 1924
I-3 19
I-2
Draft 2040 General Plan Density

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Address APN
Parcel Size
(Gross Acres)
Draft 2040
General Plan
du/ac
Draft 2040 General Plan Land
Use Designation Zoning Use Very LowIncome Units
Low-Income
Units
ModerateIncome Units
Above
Moderate
Income Units
Total
A - Downtown Area
A-8 101 E. Main St. 52928007 0.24 30 Central Business District C-2 Private Parking Lot 7 7 A-9 111 E. Main St. 52928006 0.17 30 Central Business District C-2 Summit Bicycles 5 5 A-10 123 E. Main St. 52928005 0.29 30 Central Business District C-2 LGS Recreation 9 9 A-11 E. Main St. 52928004 0.11 30 Central Business District C-2 Private Parking Lot 3 3 A-12 131 E. Main St. 52928003 0.25 30 Central Business District C-2 Masonic Hall Church 8 8 143 E. Main St. 52928002 0.29 30 Central Business District C-2 Multi-Tenant Building 9 9 151 E. Main St. 52928001 0.13 30 Central Business District C-2 Multi-Tenant Building 4 4 A-14 66 E. Main St. 52929049 0.25 30 Central Business District C-2 Gym 7 7 A-20 52903048 0.45 30 Central Business District C-2 Town Parking Lot 14 14 A-25 127 N. Santa Cruz Ave. 51017090 0.38 30 Central Business District C-2 US Bank 11 11 A-26 308 N. Santa Cruz Ave. 52904035 0.35 30 Central Business District C-2 Bank of the West 10 10 A-28 275 Saratoga-Los Gatos Rd. 51014076 0.33 30 Central Business District C-2 First Republic Bank 10 10 A-35 100 S. Santa Cruz Ave. 51045061 0.47 30 Central Business District C-2 Multi-Tenant Building 14 14 A-36 110 S. Santa Cruz Ave. 51045089 0.33 30 Central Business District C-2 Rural Supply 10 10 A-38 142 S. Santa Cruz Ave. 51045090 0.18 30 Central Business District C-2 Office Building 5 5 D - Los Gatos Boulevard Area
D-13 15737 Los Gatos Blvd. 42421050 0.37 40 Mixed Use Commercial CH Classic Burgers 7 4 4 15 D-14 15751 Los Gatos Blvd. 42421048 0.39 40 Mixed Use Commercial CH Goodyear Auto Service 8 4 4 16 D-21 16165 Los Gatos Blvd. 52916050 0.25 40 Mixed Use Commercial CH Multi-Tenant Building 4 3 3 10 D-22 52916075 0.13 40 Mixed Use Commercial CH Private Parking Lot 3 1 1 5 D-23 16121 Los Gatos Blvd. 52916049 0.16 40 Mixed Use Commercial CH Single-Family Home 2 2 2 6 16905 Roberts Rd. 52916009 0.30 40 Mixed Use Commercial CH Multi-Tenant Building 9 4 4 17 16905 Roberts Rd. 52916044 0.12 40 Mixed Use Commercial CH Multi-Tenant Building D-28 16250 Los Gatos Blvd. 53206057 0.28 40 Mixed Use Commercial C-1 Orange Theory 5 3 3 11 D-30 15380 Los Gatos Blvd. 42417001 0.34 40 Mixed Use Commercial C-1 Mobil Gas Station 8 3 3 14 D-33 15643 Los Gatos Blvd. 42422031 0.34 40 Mixed Use Commercial CH SpeeDee Oil Change 14 14 F - Lark Area
F-3 987 University Ave. 42431043 1.83 0 Light Industrial CM Multi-Tenant Building F-4 985 University Ave. 42431067 2.63 0 Light Industrial CM Multi-Tenant Building F-5 983 University Ave. 42430117 5.99 0 Light Industrial CM Multi-Tenant Building Draft 2040 General Plan Density
Tier 3 - Los Gatos Housing Element Update - Draft Site Selection 6th Cycle (2023-2031)
A-13
D-24
ATTACHMENT 4

Address APN
Parcel Size
(Gross Acres)
Draft 2040
General Plan
du/ac
Draft 2040 General Plan Land
Use Designation Zoning Use Very LowIncome Units
Low-Income
Units
ModerateIncome Units
Above
Moderate
Income Units
Total
F-6 973 University Ave. 42430118 1.33 0 Light Industrial CM Silicon Valley Medical
Development
F-7 950 University Ave. 42431065 1.31 0 Light Industrial CM:PD Extra Space Storage F-8 980 University Ave. 42431027 4.20 0 Light Industrial CM Cryptic F-9 16780 Lark Ave. 42431035 2.20 0 Light Industrial CM Multi-Tenant Building F-10 16735 Lark Ave. 42408067 1.86 24 Medium Density Residential R-1:8 Church 45 45 K - E. Main Street Area
K-1 6 Los Gatos Blvd. 5298033 0.29 30 Community Commercial C-1 Dental Building 9 9 K-3 280 E. Main St. 52934063 0.22 30 Community Commercial C-1 44753 7 7 M - Churches
M-3 16845 Hicks Rd. 56723043 13.07 1 Hillside Residential HR-1 Venture Christian Church 13 13 Address APN
Parcel Size
(Gross Acres)
Draft 2040
General Plan
du/ac
Draft 2040 General Plan Land
Use Designation Zoning Use Very LowIncome Units
Low-Income
Units
ModerateIncome Units
Above
Moderate
Income Units
Total
Subtotal 46 24 24 213 307
ADUs 20 60 60 60 200
Pipeline projects 202 202
TOTAL 66 84 84 475 709
RHNA Requirements 537 310 320 826 1,993
Buffer (15 percent) 81 46 48 124 299
RHNA + Buffer Total 618 356 368 950 2,292
Difference -552 -272 -284 -475 -1,583
Draft 2040 General Plan Density
Draft 2040 General Plan Density

Draft Tier 1 Sites

Downtown Area Sites
A-2: 50 Park Avenue & 61 Montebello Way
A-3: 101 S. Santa Cruz Avenue
A-7: 165 Los Gatos-Saratoga Road
N. Santa Cruz Avenue Area Sites
B-1: 404 N. Santa Cruz Avenue, 430 N. Santa Cruz Avenue, 432 N. Santa Cruz Avenue, and APN 529-07-003 Draft Tier 1 Sites
A – Downtown Area
B – N. Santa Cruz Avenue Area

Los Gatos Lodge Area Sites
C-1: 50 Los Gatos-Saratoga Road, APN 52904001, and APN 52904003 Draft Tier 1 Sites
C – Los Gatos Lodge Area

Draft Tier 1 Sites
Los Gatos Boulevard Area Sites
D-1: 15300 Los Gatos Boulevard
D-4: 15349 Los Gatos Boulevard, 15367 Los Gatos Boulevard, and 15405 Los Gatos Boulevard D-5: 15425 Los Gatos Boulevard
D-9: 16535 Camellia Terrace and APN 52302005
D-26: 16203 Los Gatos Boulevard
D-29: 16492 Los Gatos Boulevard and APN 53207085
D – Los Gatos Boulevard Area

Draft Tier 1 Sites
North Forty Area Sites
E-1: 14859 Los Gatos Blvd., 16392 Los Gatos Blvd., 16260 Burton Rd., 16250 Burton Rd., 14917 Los Gatos Blvd., 14925 Los Gatos Blvd., APNs 42406115, 42406116, 42407010, 42407052, 42407054, 42407063, 42407064, 42407065, and 42407116
Lark Avenue Area Sites
F-1: APNs 42408057, 42408029, 42408059, 42408060, 42408058, 42408017, and 42408021 F-2: APN 42408074
Winchester Boulevard Area Site
G-1: 110 Knowles Drive
G – Winchester Boulevard Area
E – North Forty Area
F – Lark Avenue Area

Draft Tier 1 Sites
Union Avenue Sites
I-1: 440 Los Gatos Almaden Road and 445 Leigh Avenue
I – Union Avenue Area

Draft Tier 1 Sites
Harwood Road Area Site
J-1: 14000 Blossom Hill Road
J – Harwood Road Area

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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: 05/19/2022
ITEM NO: 1

DESK ITEM

TOWN OF LOS GATOS

HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: May 19, 2022
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discussion of the Housing Element Site Inventory REMARKS:

In response to a Board Member request, staff has received Property Owner Interest Forms for the following sites:

Property Owner Interest Forms Submitted by Property Owner Included in Tier 1

1. 50 Park Avenue and 61 Montebello Way – Included as Site A-2

2. 101 S. Santa Cruz Avenue – Included as Site A-3

3. 165 Los Gatos Saratoga Road – Included as Site A-7

4. 50 Los Gatos Saratoga Road – Included as Site C-1

5. 15300 Los Gatos Boulevard – Included as Site D-1

6. 15349, 15367, 15405 Los Gatos Boulevard – Included as Site D-4

7. 15425 Los Gatos Boulevard – Included as Site D-5

8. 16492 Los Gatos Boulevard and APN 532-07-085 – Included as Site D-29

9. 440 Los Gatos Almaden Road and 445 Leigh Avenue – Included as Site I-1

10. 14000 Blossom Hill Road – Included as Site J-1
Property Owner Interest Forms Submitted by Property Owner Not Included in Tiers 1, 2, and 3

1. 9 Forrest Avenue – Zoned R-M:5-12

2. 128 Mary Way – Zoned R-1:8

3. 333 University Avenue – Zoned R-1D:LHP

4. APN 529-06-072 – Zoned RMH
Based on the site selection criteria utilized by staff, the four sites identified above were not included in Tiers 1, 2, or 3. Should the HEAB wish to include additional sites, staff would recommend including the site located at 9 Forrest Avenue to Tier 3 due to it having a lot size less than half an acre. Staff does not recommend including the sites located at 128 Mary Way ATTACHMENT 5

PAGE 2 OF 2
SUBJECT: Review and Discussion of the Housing Element Site Inventory May 19, 2022
N:\DEV\HEAB\2021-2023\HEAB Staff Reports and Attachments\2022\05-19-2022\Item 1 - Housing Element Sites Inventory and Income Categories\Desk Item\Item1.Desk Item.docx
REMARKS (continued):
and 333 University Avenue due to their zoning, General Plan land use designation, and lot size less than half an acre. Additionally, staff does not recommend including the site located at APN 529-06-072 due to environmental constraints, with the location of the Los Gatos creek within the site.

Attachment 6 contains a public comment unintendedly omitted from the Staff Report, as well as additional public comments received after the completion of the Staff Report.

ATTACHMENTS:

Previously Received with the May 19, 2022, Staff Report:

1. Housing Element Site Inventory Guidebook, Department of Housing and Community Development

2. Draft Tier 1 Sites

3. Draft Tier 2 Sites

4. Draft Tier 3 Sites

5. Draft Tier 1 Map
Received with this Desk Item Report:

6. Public Comments Received Between 11:01 a.m., Friday, May 13, 2022, and 11:00 a.m., Thursday, May 19, 2022

From: Lee Fagot < >
Sent: Friday, May 6, 2022 11:37 AM
To: Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Laurel Prevetti <[email protected]>; Housing Element <[email protected]> Subject: Site selection for RHNA target
Folks,
Thanks for the work you are all doing on the HEAB team.

I did want to ask that before submitting the final list of sites, with densities and height limits, that you review the total number of new housing units to make sure we do NOT provide more sites than the 1993 units as mandated by ABAG, and in each affordability range. Not sure I understand the logic of a buffer of 15%, and recommend to keep the number lower, especially as we know there are more than two more RHNA cycles in the next 20 years that will also be challenging to our community, especially as regards the character of our Town that is being challenged to deal with what is “perceived” as a need for so much more housing that our population could be increased here by about 1/3 over the next 20 years.

Is that logical, given the lack of infrastructure, water, reliable energy, etc.

Thanks for considering my thoughts and hope you will review and make available the total number of housing units by site and income levels before submitting to the Council. That would be the proper transparency Thanks Lee Fagot
cell
ATTACHMENT 6

From: Phil Koen < >
Date: May 18, 2022 at 11:22:10 AM PDT
To: Joel Paulson <[email protected]>, Shelley Neis <[email protected]> Cc: jak vannada < >, Rick Van Hoesen < >, David
Weissman < >, Lee Fagot < >, Peter Hertan
< >, Jim Foley < >, Catherine Somers
< >
Subject: lanhermosabeachadoptedout032322.pdf
Hello Shelley and Joel,
Would you please include the LGCA email below and the attached letter from HCD to the City of Hermosa Beach in the HEAB meeting package. Thank you.

Dear Members of the HEAB,
Attached please find an example of the comment letters local SCAG jurisdictions have recently received from the HCD after reviewing local jurisdictions adopted 6th cycle housing element updates. A carefully reading of the letter will hopefully further inform the HEAB with regard to the critical areas being analyzed by the HCD during the certification process. I am sure staff can vouch that the Hermosa Beach letter is typical of the comment letters bring issued by HCD.

Informed of HCD’s focus areas, of particular note is the Town’s draft site inventory relies on non-vacant sites to accommodate more than 50% of the RHNA for lower income households. Since it is more than 50%, the non-vacant site use is presumed by HCD to impede additional residential development, UNLESS there are findings based on substantial evidence that the use will be likely discontinued during the planning period.

This test raises questions in our mind whether at least 470 of the lower income sites (which account for nearly 50 % of the lower income sites identified) consisting of 145 units on the N40, 264 units at Los Gatos Lodge and 101 units at Nob Hill) can meet this high water test. If not, the identified sites should not be included in the site analysis.

Additionally we note that the site analysis uses land use densities proposed in the draft 2040 General Plan and not the current land use densities. Since the draft 2040 General Plan has not been adopted and continues to be of great public concern, we question whether it is appropriate to use these densities in the site analysis.

Regarding the income distribution of the 200 ADUs, the site analysis assumes 10% of the units will be very-low income, 30% will be low-income, 30% will be moderate income and 30% will be above moderate income. Has there been a study to confirm this income distribution and what is the assumption regarding one person and two person households? We are aware of a study prepared by SCAG which would suggest materially different income distributions for ADUs which could result in substantially less units in the VLI and MI categories and more units in the LI and AM categories.

One last point we would like to raise to the HEAB is the importance of performing a capacity analysis for each site to validate that the projected site capacity can be realistically achieved. There are new rules that govern the development of the effective site capacity. HCB’s letter to Hermosa Beach discusses this issue in detail.

In closing, we greatly appreciate the hard work the HEAB is putting forth in developing a thoughtful site inventory that ultimately the HCD will certify. We hope you will find our comments constructive and will assist you as you continue to refine the site inventory analysis.

Thank you.

Phil Koen
Los Gatos Community Alliance

Suja Lowenthal, City Manager

(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 City 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 City 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:
http://opr.ca.gov/docs/OPR Appendix C final.pdf and
http://opr.ca.gov/docs/Final 6.26.15.pdf.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 1 March 23, 2022

APPENDIX

CITY OF HERMOSA BEACH
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The revised element provides (p. A-2) general information on the previous element’s programs. However, this information does not provide further analysis other than implementation status of programs. A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As stated in the previous review, as part of this analysis, the element should describe the actual results of the prior element’s programs with any metrics and numerical accomplishments, compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation for programs that are incorporated into the current cycle programs.

In addition, as part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Fair Housing Enforcement and Outreach: The revised element includes (p. III-16) general information on fair housing enforcement and outreach and states that the City

City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 2 March 23, 2022
held a series of public hearings for the element. However, the element did not address this finding. The element must provide further analysis and describe ongoing fair housing outreach throughout the planning period or include a program. Outreach should include more robust actions in addition to housing flyers on the City’s website. Please refer to HCD’s October 4, 2021 review for more information.

Integration and Segregation: The element was not revised to address this finding. The element should describe the population including factors behind the block groups with the highest percentage of nonwhite residents located in the southern and eastern portions of the City, and analyze whether this area overlaps with other areas of the analysis. This analysis must include both local and regional data and analyze segregation and integration based on race and ethnicity, income, familial status and persons with disabilities. Please see HCD’s October 4, 2021 review for more information.

Disparities in Access to Opportunity: The element was not revised to address this finding. Please see HCD’s October 4, 2021 review for more information.

Disproportionate Housing Needs and Displacement: While this section of the element was revised (p. III-18), additional information and analysis is needed to comply. The element must include both local (comparing areas within the City) and regional (comparing the City to the region) data to analyze cost burden by tenure, overcrowding by tenure, substandard housing, homelessness, and displacement throughout the community. The element must also analyze factors of displacement in addition to at-risk properties, such as displacement due to investment, disinvestment and disaster. The analysis must also address trends, patterns, and other local knowledge and conclude with a summary of fair housing issues.

Contributing Factors: The revised element utilizes (p. III-19) the 2018 Analysis of Impediments to Fair Housing Choice (AI) for the County of Los Angeles as the list of contributing factors to fair housing issues. However, the contributing factors are regional and many do not pertain to the fair housing analysis of the City (such as addressing R/ECAPs within the City). The element should include a prioritized list of contributing factors and analyze the factors specific to the City that create, contribute to, perpetuate, or increase the severity of fair housing issues. Contributing factors are fundamental to adequate goals and actions. The analysis should result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.

Sites Inventory Affirmatively Furthering Fair Housing (AFFH) Analysis: While the element was revised to state that the sites inventory includes underutilized sites that do not contribute to displacement risk (p. III-18), additional data and analysis is needed.

The element must include an analysis that addresses how the sites inventory AFFH.

Sites must be identified and evaluated relative to the full scope of the AFFH (e.g. segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). The site inventory and accompanying analysis must identify and analyze selected sites, map the location of the sites including

City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 6 March 23, 2022
with Government Code section 65583, subdivision (a)(5) or add or revise programs which comply with the statutory requirements.

3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)
Local Processing and Permit Procedures: The element was not revised to address the analysis of the Precise Development Plan (PDP). While the element includes Program 11 to evaluate processing and permit procedures’ impacts, an analysis must be completed to formulate an appropriate program to address identified constraints. For example, while the element provides a description (p. III-3) of the PDP required for housing developments, it must also analyze the PDP process, identify what is reviewed, list typical findings and approval procedures by zone and housing type. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability and should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings and any discretionary approval procedures.

The revised element also includes a description of the City (p. III-11) within the Coastal Zone. However, the element should include an analysis of whether the City coastal preservation policies will potentially impact future or existing housing development within the designated coastal zone of the City especially for sites that require rezoning identified in Table B4. The element should also state when the City will receive approval for the Local Coastal Plan.

Constraints on Housing for Persons with Disabilities: The revised element states (p. III11) that residential care facilities serving six or fewer persons are permitted in all residential zones and that large residential care facilities are conditionally permitted in most residential zones. However, residential care facilities serving seven or more persons are limited to the same zones with the approval of a conditional use permit.

While the element states it will consider changing the review process, it must commit to revising the requirements to remove constraints on persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.

In addition, while the element describes the City’s reasonable accommodation process, it should evaluate impacts, including identifying and analyzing findings of approval. For example, Section (4)(b) of the City’s Reasonable Accommodation (p. III-5) is a constraint to the provision of housing for persons with disabilities and the element must include a program to revise the reasonable accommodation procedure and specifically remove identified constraints.

City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 7 March 23, 2022

4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) The element was not revised to address this requirement. Please see HCD’s October 4, 2021 review letter for more information on how to address the finding. In addition, the element states (p. III-13) that the timeline of development projects from project approval to building permit application can vary from project to project. However, the element must include an estimate of the typical length of time between receiving approval for a housing development and the submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need. The element should also include an analysis of requests to develop housing at densities below those anticipated, including sites listed in the inventory. The element must also include a description of any program(s) that mitigate nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category.

5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element was not revised to address this finding. Please see HCD’s October 4, 2021 review for more information.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.

Code, § 65583, subd. (c).)

City of Hermosa Beach’s 6th Cycle Adopted Housing Element Update Page 9 March 23, 2022

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised, as follows:
x Program 10 (Housing for Persons with Special Needs) should be revised from “will be reviewed” and “may” to objective, specific actions that the City will take during the planning period to create a meaningful program. x Parking Requirements: While the revised element states (p. III-7) that the City will reevaluate the appropriateness of the City’s parking requirements based on current conditions as part of the comprehensive Zoning Ordinance update, it must include a program with implementation actions to address or remove any identified constraints.

4. Promote AFFH opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) The element was not revised to address this finding. Programs need to be based on identified contributing factors from localized AFFH analysis, include metrics and milestones, and be significant and meaningful. Please see HCD’s October 4, 2021 review letter for more information.

5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
The element’s ADU program (Program 6) should commit to additional incentives and strategies, frequent monitoring (every other year) of ADU production and affordability and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if ADU assumptions for the number of units and affordability are not met.

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PREPARED BY: Erin Walters and Jocelyn Shoopman
Associate Planner and Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 23

DESK ITEM
DATE: June 7, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Draft Site Inventory as Recommended by the Housing Element Advisory Board.

REMARKS:

The following information is provided in response to Council Member questions:
 Provide information on the decision-making process, criteria, and principles for the Draft Site Inventory.

Town staff identified sites for potential inclusion in the Initial Draft Site Inventory and provided this information to the Housing Element Advisory Board (HEAB) at their meetings on April 21, 2022, May 5, 2022, and May 19, 2022. This initial work involved identifying sites that may have the potential for new residential development within the eight-year timeframe of the Housing Element planning period. Factors used for site consideration include, but are not limited to, the Department of Housing and Community Development (HCD) Housing Element Site Inventory Guidebook, property size, whether the site was recently developed, environmental constraints to the site, public feedback, and submittal of a Property Owner Interest Form. Based on the guidance of the HCD Housing Element Site Inventory Guidebook, the types of sites evaluated for inclusion in the Draft Site Inventory include:

1. Vacant and non-vacant sites zoned for residential use;

2. Vacant and non-vacant sites zoned for nonresidential use that allow residential development (mixed-use);

3. Nonresidential sites in the 2040 Draft General Plan Community Place Districts;

4. Projects that have residential planning entitlements and have not received building permits; and

PAGE 2 OF 5
SUBJECT: Housing Element Draft Site Inventory
DATE: June 7, 2022
REMARKS (continued):

5. Sites on which the property owner has expressed or previously expressed interest in residential or mixed-use redevelopment.

Following HCD review and discussion of policy and program development, the Draft Site Inventory will be combined with updated policies and programs to create an initial draft Housing Element for public feedback and HCD review.
 What were the HEAB’s recommendations on the Draft Site Inventory.

On May 19, 2022, the HEAB recommended the sites included in the Tier 1 site list, with the following three modifications to be included in the Draft Site Inventory:

1. Reduce the number of housing units in the North Forty;

2. Add the site located at 206 Knowles Drive; and

3. Add the California Department of Transportation Right of Way land off of Oka Road.

An update of the Tier 1 site list with these modifications was included as Attachment 1 for the Town Council’s consideration.
 Clarify the criteria for the sites selected for Tiers 1, 2, and 3.

Based on the HEAB’s recommendations, staff selected sites for Tier 1 based on the following criteria:

1. Gross lot area in excess of half an acre;

2. Zoning;

3. Draft General Plan land use designation;

4. Property Owner Interest Form;

5. Previous interest in residential development by the property owner; and

6. Sites included in the current Housing Element.

Staff further distributed the sites recommended by the HEAB into two additional categories, Tier 2 and Tier 3.

Tier 2 sites have been identified as possible sites to consider adding to Tier 1, if necessary, and generally fall into one or more of the following categories:

1. Gross lot area in excess of half an acre (majority);

2. Shopping Centers with long term tenants;

3. Churches;

PAGE 3 OF 5
SUBJECT: Housing Element Draft Site Inventory
DATE: June 7, 2022
REMARKS (continued):

4. Town Parking Lots;

5. Banks; and

6. Sites less likely to develop housing.

Tier 3 sites have been identified as the least likely for new housing development based on the following criteria:

1. Gross lot area less than half an acre;

2. Gross lot area greater than 10-acres;

3. Not zoned for residential use; and

4. Sites with active Planning applications for commercial development.

Refinement of the Draft Site Inventory will continue throughout the Housing Element Update process, in response to additional Property Owner Interest Forms, and feedback from HCD.
 Why was the density for the North Forty reduced?
On May 19, 2022, the HEAB recommended that the number of units in the North Forty Area be reduced. A letter was submitted by Eric S. Phillips with Burke, Williams & Sorensen, LLP, representing Grosvenor USA, requesting the number of units for the North Forty parcels under Grosvenor ownership be reduced. This letter was included in the Desk Item Report as Attachment 6 for the HEAB’s May 19, 2022, meeting.
https://www.losgatosca.gov/DocumentCenter/View/30711/Item1Desk-Item-withAttachment-6  Does the Town have projections for the number of units generated by Senate Bill 9? The Town does not have a projection for the number of units that could be generated by Senate Bill 9 (SB 9) projects at this time as there is not yet sufficient history to base projections on, and the Town has not received direction from HCD on alternative acceptable methods for inclusion in the Housing Element. To date, the Town has received five SB 9 Urban Lot Split Applications and one SB 9 Two-Unit Housing Development Application.  Why does the Draft Site Inventory exceed the Town’s Regional Housing Needs Allocation (RHNA) plus the 15 percent buffer?
The table on the following page summarizes the total number of potential housing units (2,046 units) based on the Draft Site Inventory as recommended by the HEAB. Since the May 19, 2022, HEAB meeting, the Town received one additional Property Owner Interest

PAGE 4 OF 5
SUBJECT: Housing Element Draft Site Inventory
DATE: June 7, 2022
REMARKS (continued):

Form for the property located at 15795 Los Gatos Boulevard. The site had previously been included in the Tier 2 site list; however, based on the property owner’s interest in a residential development, the Tier 1 site list and recommended Draft Site Inventory has been modified to include this site (Attachment 1).

The table above also includes the Town’s average production of Accessory Dwelling Units (ADUs) over the eight-year planning period for an estimated total of 200 housing units as well as approximately 202 housing units associated with approved or pending Planning entitlements. Combined, this results in 2,448 units, exceeding the RHNA (1,993 units) and the recommended 15 percent buffer (299 units) by 156 units. The Council may choose to reduce the number of sites included in the Draft Site Inventory to closer align with the Town’s RHNA allocation and 15 percent buffer.
 Provide an overview of the Housing Element Update process.

The next steps in the Housing Element Update process include the next HEAB meeting on June 16, 2022, when the HEAB will begin review and discussion of policy and program development for the initial draft Housing Element. Pending completion of this work, the Draft Housing Element will be provided for public and initial HCD review. As part of the Housing Element Update process, HCD now requires that prior to submittal of a first draft of the Housing Element to HCD for their review and a comment, a jurisdiction must make the draft available for public comment for 30 days. Staff anticipates providing HCD the initial draft Housing Element in late August or mid-September.
 Will zoning changes be required for the sites selected in the Draft Site Inventory? The site located at 206 Knowles Drive, included in the Winchester Boulevard Area is zoned Controlled Manufacturing (CM) with a General Plan Land Use designation of High Density Residential. The Zoning Ordinance does not permit a residential use in the CM zone; therefore, the Zoning designation would need to be amended to align with the General Plan Land Use designation. In addition, the North Forty Specific Plan would also need to be amended to permit additional units in excess of the maximum of 270 units. No other sites included in the Draft Site Inventory will require amendments to the Zoning designation.

Draft Tier 1
Number of Units
Tier 1 Sites 2,046 units
ADUs 200 units
Pipeline Projects 202 units
Total 2,448 units

PAGE 5 OF 5
SUBJECT: Housing Element Draft Site Inventory
DATE: June 7, 2022
REMARKS (continued):
 What is the role of the property owners’ intent in site inclusion? Pursuant to the HCD Housing Element Site Inventory Guidebook, if the Draft Site Inventory identifies nonvacant sites to address a portion of the RHNA, the Housing Element must describe the realistic development potential of each site within the planning period. One method the Town will utilize to fulfill the requirement of providing substantial evidence of a site’s likelihood to redevelop, is the Property Owner Interest Form.  Will the Town’s Housing Element consultant be available for questions? The Town’s Housing Element Consultant will not be in attendance.

Attachment 6 includes public comment received between 11:01 a.m., Thursday, June 2, 2022, and 11:00 a.m., Tuesday, June 7, 2022.

ATTACHMENTS:

Previously Received with the June 7, 2022, Staff Report:

1. HEAB Recommended Draft Site Inventory

2. Revised Draft Tier 2 Sites

3. Draft Tier 3 Sites

4. May 19, 2022, Housing Element Advisory Board Staff Report (with Attachments 1-5)

5. May 19, 2022, Housing Element Advisory Board Desk Item Report (with Attachment 6) Received with this Desk Item Report:

6. Public Comment received between 11:01 a.m., Thursday, June 2, 2022, and 11:00 a.m., Tuesday, June 7, 2022

Harmonie Park Development | 221 Bachman Avenue | Los Gatos, CA 95030 June 7, 2022
Mayor Rob Rennie and
Los Gatos Town Council Members Via Email: [email protected] Town of Los Gatos
110 E. Main St.

Los Gatos, CA 95030
SUBJECT: Public Comment Item #23 - Housing Element Site Inventory Dear Mayor Rennie and Honorable Town Council Members:

I am writing representing the interests of Grosvenor Americas. As expressed in our counsel’s May 18, 2022, letter to the Housing Element Advisory Board, Grosvenor is very interested in developing as much housing as is feasible on the property it controls within the “North Forty Area,” which is designated as “Site E-1 N40 Phase II” on the Recommended Draft Site Inventory that you will consider at your June 7, 2022 council meeting.

We thank you for including Site E-1 in your “Tier 1 Sites” category for inclusion in the upcoming Housing Element update. We also appreciate that the Housing Element Advisory Board considered our request to reduce the allocation in the Housing Element update to Site E-1 from 390, and we support the current recommended allocation of 200 units for the area. As we have discussed with Staff, we wish to further clarify what maximum density the Town will assign to Site E-1 in the General Plan Land Use Element and the Housing Element. Although the current Recommended Draft Site Inventory shows a density of 13 du/ac, we do not believe it was the intent of Staff to reduce the proposed General Plan 2040 density for Site E-1 to 13 du/ac. Instead, the 13 du/ac figure is simply a mathematical exercise representing the average density across the entire site if 200 units were to develop. We request that the density remain at 20 du/ac or more as originally recommended, which we believe is consistent with Staff’s intended recommendation.

Although we do not think that buildout of more than 200 units is feasible under current market conditions, we remain interested in providing additional housing should conditions change in the future. Designating Site E-1 for at least 20 du/ac will preserve the flexibility to deliver more than 200 units in the future, which would help take development pressure off of other sites in the Town’s Housing Element site inventory.

Moreover, to maintain the ability to create 200 units as part of a mixed-use development, it may be necessary to build at or above 20 du/ac on parts of the site, while devoting other parts of the site to commercial uses.

We also note that the Housing Element Advisory Board has recommended that 110 of the 200 units be planned as affordable for very low-, low-, and moderate-income households. The proposed 13 du/ac density would not support an assumption of affordability for lower income households. Under the Government Code’s and HCD’s current default densities appropriate to accommodate lower-income households, a density of 30 du/ac would be necessary to support the Town’s affordability assumptions.

Finally, when the property develops, we fully expect to meet the Town’s generally applicable affordability requirements, and we are open to possibly exceeding them to the extent feasible. Accordingly, we are agreeable to the Town continuing to assume 110 of the units will be affordable to very low-, low-, and ATTACHMENT 6 Page 539
PUBLIC COMMENT ITEM 23 - JUNE 7, 2022 TOWN COUNCIL HEARING 2 moderate-income households provided that the overall density level is at least 20 du/ac; however, we do not anticipate developing a project that includes the exact affordability mix shown. Therefore, if the Town elects to keep the affordability mix as shown to help with its current planning obligations, it likely will need to make “no net loss” findings when it takes action to approve residential development on Site E-1.

Thank you for your consideration and your efforts to ensure that the Town has a legally compliant and realistic Housing Element, and we look forward to continuing to work with the Town to deliver much needed housing in the coming years.

Thank you for your consideration.

Sincerely,
Don Capobres
cc: Steve Buster, Grosvenor Americas
Whitney Christopolous, Grosvenor Americas
Eric Phillips, BWS Law
Jennifer Renk, Sheppard Mullin

PREPARED BY: Robert Gray
Chief Building Official
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 24
DATE: June 2, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for the 2022 Green Building Standards Code.

RECOMMENDATION:

Discuss and provide direction on proposed electrification reach codes for the 2022 Green Building Standards Code.

BACKGROUND:

With the climate and environmental sustainability concerns at the forefront, many jurisdictions are looking to opportunities to reduce greenhouse gas emissions, focus growth in places with infrastructure, and protect communities from wildfire. The Town of Los Gatos demonstrated leadership in sustainability when the Town Council approved an ordinance in November 2019, requiring all new single-family residential buildings, accessory dwelling units (ADUs), and lowrise multi-family buildings to comply with all electric construction, and increased requirements for electric vehicle (EV) charging infrastructure and energy storage systems (ESS) infrastructure.

In addition, Silicon Valley Clean Energy (SVCE) is providing 100% carbon-free electricity and is supporting the elimination of the use of fuel gas, which can greatly reduce greenhouse gas emissions from the building sector.

In alignment with the above, staff is exploring additional modifications to the California Green Buildings Standards Code (also known as CALGreen), and this report provides recommended language for additional reach codes for the 2022 California Building Standards Code cycle. The Council is being asked to provide specific direction to allow staff to complete the required work prior to the fall hearing on the Code adoption. Staff from SVCE will be at the Council meeting to provide a brief overview and assist with answering questions.

PAGE 2 OF 6
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for 2022 Green Building Standards Code.

DATE: June 2, 2022
BACKGROUND (continued):

A Statewide cost effectiveness study, funded by the California investor-owned utilities (IOUs), and the California Statewide Codes and Standards Program (Statewide Program), led to the development of cost-effectiveness studies for Energy Code reach codes that examined different performance-based approaches for new construction of specific building types. Staff have worked closely with SVCE consultants to determine what options may or may not be costeffective for the building types that are prevalent in Los Gatos. SVCE have also provided consultant support to assist cities in understanding the Statewide Cost-Effectiveness Study results and adopting reach codes.

DISCUSSION:

Reach Code Adoption Process
Every three years, the State of California adopts new building standards that are organized in Title 24 of the California Code of Regulations, referred to as the California Building Standards Code. The 2019 Code became effective on January 1, 2020, and the 2022 Code will become effective on January 1, 2023. Cities and counties can adopt reach codes that set conditions above the minimum State Code requirements. These augmented reach codes must then be filed and approved by the California Building Standards Commission.

In the 2019 Building Standards Code adoption, reach codes took many forms from multiple jurisdictions. Below are the most common reach code types adopted for building appliance electrification, and EV Charging.

Building Appliance Electrification Options and Staff Recommendation Building appliance electrification options in California can generally be broken into three categories:
 All-Electric Municipal Ordinance: Several cities, including the cities of Berkeley, Morgan Hill, San Francisco, and San Jose, have adopted All-Electric Municipal Ordinances (also referred to as gas prohibitions or no gas hookup allowed), that are more aggressive than the All-Electric and Electric-Preferred model reach codes. These ordinances eliminate the installation of gas infrastructure at the property with limited exceptions, and thus guarantee significant decreases in greenhouse gas emissions. This is not tied to the Building Code and can be adopted without the need of being re-adopted with every Code cycle.
 All-Electric Required Building Code Amendment: The All-Electric Required model requires specific end-users to install electric appliances, including space heating, water heating, clothes-drying, and cooking, with limited exceptions. This must be re-adopted with every Code cycle.

PAGE 3 OF 6
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for 2022 Green Building Standards Code.

DATE: June 2, 2022
DISCUSSION (continued):
 All-Electric Preferred Building Code Amendment: The All-Electric Preferred approach encourages electrification by giving builders two options: (1) Achieving a higher energy efficiency level than the Energy Code using mixed fuels (fuel gas and electricity), or (2) building an all-electric building at the minimum efficiency as required in the Energy Code. Must be submitted to the California Energy Commission (CEC) and re-adopted with every Code cycle.

The All-Electric Preferred model is NOT recommended by SVCE because the California Energy Code is already an electric-preferred model. There are limited incremental greenhouse gas emissions reductions that can be attained by pursuing this model, compared to the All-Electric Municipal Ordinance or All-Electric Required Building Code Amendment.

The staff recommended reach code for Newly Constructed Buildings is the All-Electric Required Building Code Amendment, which requires all newly constructed residential and non-residential buildings to be built all-electric. Buildings will have no fuel gas infrastructure installed, and electricity will be the sole source of energy for all space heating, water heating (including pools and spas), cooking, clothes drying appliances, and other features both interior and exterior.

Exceptions include:
 Commercial cooking equipment
 Industrial processes
 If there is not an all-electric prescriptive pathway for a building under the state Energy Code, and the building is unable to achieve the Energy Code’s performance compliance pathway using commercially available technology and an approved calculation method, then the Building Official may grant a modification.

Buildings that invoke these exceptions would be required to prepare the location of fuel gas appliances for future electrification, to reduce future retrofit costs.

Electric Vehicle Charging and Infrastructure Reach Code Options and Recommendations:

Residents are showing a significant interest in electric vehicles. The number of registered plugin vehicles in San Mateo, Santa Clara, and Alameda counties increased 30% from October 2018 to January 2020. In that same time frame, the total number of registered vehicles in these counties shrank by 0.2%.

It is widely known that availability of EV charging infrastructure is a critical component to EV adoption. Meanwhile, it is significantly more expensive to install charging infrastructure as a retrofit than it is during new construction. As such, ensuring that newly constructed residential and non-residential parking has ample EV charging capability will reduce long-term retrofit

PAGE 4 OF 6
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for 2022 Green Building Standards Code.

DATE: June 2, 2022
DISCUSSION (continued):
costs of EV infrastructure installation, while helping to increase EV adoption and decrease transportation-related greenhouse gas emissions.

EV charging consists of the type of EV charging infrastructure along with the type of EV charging capacity. These two items combined make up the EV Charging reach code types. EV charging infrastructure requirements in California can generally be broken into three categories:
 EV Charging Station: All supply equipment is installed at a parking space, such that an EV can charge without additional equipment.
 EV Ready: Parking space is provided with all power supply and associated outlet, such that driver-provided supply equipment can be plugged in, and a vehicle can charge.  EV Capable: Conduit is installed to the parking space and building electrical panel and transformers have reserved capacity to serve future load. An electrician would be required to complete the circuit and/or increase the gauge of upstream wiring before charging is possible.

EV charging capacity industry wide is broken into three categories:
 Level 1: Capable of charging at 110/120V, 16A. This is equivalent to a standard home outlet.
 Level 2: Installation of a 208/240V, 40A circuit or 208/240V, 20A circuit for low power.

This is the service capacity typically used for larger appliance loads in homes.  Level 3 (DC Fast Charging): Capable of charging at 20-400kW. This is the type of charger used for Tesla Superchargers and DC Fast Chargers at some parking lots and public locations.

The 2022 CALGreen increased requirements for electric vehicle charging infrastructure in new construction; including:
 New one- and two-family dwellings and townhouses with attached private garages must be Level 2 EV-capable.
 Multi-family dwellings:
o 10% of parking spaces must be Level 2 EV Capable.
o 25% must be Low Power Level 2 EV Ready; and
o 5% must be Level 2 EV Charging Stations.
 Non-residential:
o 15% of parking spaces must be Level 2 EV Capable; and o 5% must have Level 2 EV Charging Stations.

While California’s new minimum requirements are a step forward, it is unlikely that the requirements for multi-family dwellings and non-residential buildings are enough to keep pace with expected EV growth.

PAGE 5 OF 6
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for 2022 Green Building Standards Code.

DATE: June 2, 2022
DISCUSSION (continued):

The staff recommended reach code for EV Charging and Infrastructure is as follows:

Residential
 Single-Family Dwelling:
o 2 Level 2 EV ready-to-use plugs per garage.
 Multi-Family Dwelling:
o 40% of units with parking spaces, Level 2 EV Charging Stations; and o 60% of units with parking spaces, Level 1 EV Ready.
 Multi-Family Dwelling, entirely affordable housing:
o 15% of units with parking spaces, Level 2 EV Charging Stations o 25% of units with parking spaces, Low Power Level 2 EV Ready; and o 60% of units with parking spaces, Level 1 EV Ready.

Non-Residential, Office
o 20% of the parking spaces, Level 2 EV Charging Stations installed; and o 30% of the parking spaces, Level 2 EV Capable.

Non-Residential, Non-Office
o 10% of the parking spaces, Level 2 EV Charging Stations installed; and o 10% of the parking spaces, Level 2 EV Capable.

Definition of New Construction and Qualifying Alteration Projects.

Staff recommends the following definition for new construction and qualifying alteration projects. This proposed definition provides consistency between the Building Code definition of new construction and the Zoning Code definition of demolition within the Town.

All newly constructed buildings shall be all-electric buildings. Alterations that include replacement of over 50 percent of the existing foundation for purposes other than a repair or reinforcement; or where over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric building’s requirements.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.

CONCLUSION:

Staff recommends the Council review reach code options and staff’s recommendations for Building Appliance Electrification Reach Codes, EV Infrastructure and Charging Reach Codes,

PAGE 6 OF 6
SUBJECT: Discuss and Provide Direction on Proposed Electrification Reach Codes for 2022 Green Building Standards Code.

DATE: June 2, 2022
CONCLUSION (continued):
and Definition of New Construction and Qualifying Alteration. Staff looks forward to Council’s discussion and direction.

COORDINATION:

This report was drafted in collaboration with SVCE and the Town Manager’s Office.

FISCAL IMPACT:

None.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

PREPARED BY: Holly Zappala
Management Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 25
DATE: May 23, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction Regarding a Potential Land Acknowledgement Regarding Aboriginal Homeland
RECOMMENDATION:

Provide direction regarding a potential Land Acknowledgement regarding aboriginal homeland.

BACKGROUND:

On April 27, 2022, Town staff received a request from the Los Gatos Anti-Racism Coalition to read a Land Acknowledgement prior to each Town Council meeting as a way to honor and respect the Indigenous People, past and present, of Los Gatos land, and specifically, the Tamien Nation.

A Land Acknowledgement is a formal statement that recognizes and respects Indigenous Peoples as traditional stewards of the land and the enduring relationship that exists between Indigenous Peoples and their traditional territories. To recognize the land is an expression of gratitude and appreciation to those whose territory we reside on, and a way of honoring the Indigenous people who have been living and working on the land from time immemorial. Land Acknowledgments exist in a present tense, as opposed to a past or historical context.

DISCUSSION:

The Tamien Nation is traditionally and culturally affiliated with the land of Los Gatos and identifies as the tribe most directly indigenous to Santa Clara County. The Tamien people are one of eight linguistic divisions of the Indigenous people of this area. Enrolled tribal citizens are of several Tamien-speaking Santa Clara Valley villages collectively known as Tamien Nation.

PAGE 2 OF 4
SUBJECT: Land Acknowledgement
DATE: May 23, 2022
DISCUSSION (continued):

It should be noted that Tamien-speaking peoples are not Ohlone. There are two theories for the origin of the term “Ohlone.” The first is that it was named for a single village, Oljon, in the San Francisco Bay. The second theory is that it derived from the Bay Miwok word, Volvon. In either case, these names were not used for Tamien-speaking peoples.

The following Land Acknowledgement language is an example provided on the Tamien Nation website (Tamien.org) and was proposed for the Town to use by the Los Gatos Anti-Racism Coalition.

We acknowledge that Los Gatos is the aboriginal homeland of Tamien Nation since time immemorial and recognizes the continued persistence and resilience of culture and community despite the adverse impacts of settler colonialism. The Tamien Nation continue to have a relationship with the land; one of deep respect, agreement and reciprocity collaborating to help maintain balance. The Town of Los Gatos acknowledges and supports Tamien Nation in solidarity and commitment to partnership advocating for a more equitable and inclusive future.

Town staff reached out to Quirina Luna Geary, Tamien Nation Tribal Chairwoman, and Johnathan Costillas, Tribal Cultural Resource Officer, for their direct input on the proposed language and if any additional items might be considered to make it more meaningful. Staff heard back from Tribal Chairwoman Geary thanking the Town for asking and confirming that no changes to the proposed language are necessary.

Many educational institutions across the Bay Area have incorporated Land Acknowledgements in some form to recognize the Indigenous past, present, and future of the land, including Santa Clara University, Stanford University, San Jose State University, and UC Berkeley. Work on Land Acknowledgements is also underway in other local governments throughout the Bay Area (see Attachment 1). Of particular note:
 In November 2021, the City of Albany adopted a Land Acknowledgement to be read at the beginning of City Council meetings and Advisory Body meetings.  Also in November 2021, the Palo Alto Library began reading either a long or short form Land Acknowledgement (depending on time constraints) at the start of Palo Alto Library programs and events, and it is often added to the chat box of virtual programs.  Earlier this year, the City of San Jose Charter Review Commission recommended that a Land Rights Acknowledgment be formally included in the City of San Jose Charter and the Council directed the Land Acknowledgment to be developed. The City hired a Tribal mediator and work is currently underway with a goal of the proposed language being complete by this summer.

PAGE 3 OF 4
SUBJECT: Land Acknowledgement
DATE: May 23, 2022
DISCUSSION (continued):
 The City of South San Francisco recently considered a Land Acknowledgement and its discussion will continue at a later date following Tribal engagement.

ALTERNATIVES:

There are different combinations of ways the Town could move forward with a Land Acknowledgment. Some options for consideration are as follows:

1. Modify the Town Council Agenda Format and Rules Policy to include a Land Acknowledgement Statement to be read aloud prior to each Town Council meeting and/or Board, Commission, and Committee meetings.

2. Modify Council and/or Board, Commission, and Committee agendas to include a Land Acknowledgment Statement without it being read at every meeting.

3. Create a Council Land Acknowledgment Proclamation. The Proclamation could be presented at a Town Council meeting on a recurring annual basis. For example, this could be done every November as part of celebrating National Native American Heritage Month.

4. Post a Land Acknowledgement Statement to the Town website including links for more information.

5. Deliver a Land Acknowledgement Statement at Town events such as Spring into Green, Fourth of July Symphony in the Park, Screen on the Green, Tree Lighting, etc.

6. Begin Library programs by reading a Land Acknowledgement Statement.

CONCLUSION:

Staff looks to direction from the Council regarding potentially moving forward with a Land Acknowledgement for the Indigenous People of the Tamien Nation.

COORDINATION:

This report was coordinated with the Community Development Department, Library, Town Attorney’s Office, and Town Manager’s Office.

PAGE 4 OF 4
SUBJECT: Land Acknowledgement
DATE: May 23, 2022
FISCAL IMPACT:

There is no associated fiscal impact.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. Land Acknowledgement Examples

ATTACHMENT 1

LAND ACKNOWLEDGEMENT EXAMPLES
City of Albany, CA
The City of Albany recognizes that we occupy the land originally protected by the Confederated Villages of Lisjan. We acknowledge the genocide that took place on these lands and must make strides to repay the moral debt that is owed to this indigenous people, specifically the Ohlone Tribe. We thank them for their contributions which have transformed our community, and will continue to bring forth growth and unity. The City of Albany commits to sustaining ongoing relationships with the Tribe and together build a better future for all that now make this their home.

Palo Alto, CA
(full version): I want to acknowledge that this [event] takes place on the traditional indigenous territories of the Ramaytush, Muwekma Ohlone, and Tamien Nation. Many American families, going from now until our great-great-great-great grandparents, came to America from other countries and did not live here first. It is important for us to remember that the land we live on is the traditional land of Native American, or indigenous, nations. If you would like to learn more about whose land you live on from wherever in the world you are joining us, you can go to https://usdac.us/nativeland. (short version): I want to acknowledge that this [event] takes place on the traditional indigenous territories of the Ramaytush, Muwekma Ohlone, and Tamien Nation.

Cal State University East Bay, Hayward, CA
(short version):Horše túuxi! (Hor-shehtroo-hee)
Cal State University East Bay recognizes that it is located on the ethnohistoric territory of the Jalquin (hal-keen) / Yrgin (eer-gen), the ancestral and unceded land of the Chochenyo Ohlone-speaking People, the successors of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to the Muwekma Ohlone Tribe and other familial descendants of the Verona Band.

We recognize that every member of the Hayward community has, and continues to benefit from, the use and occupation of this land, since the institution’s founding in 1957. Consistent with our values of community, inclusion, and diversity, we have a responsibility to acknowledge and make visible the university’s relationship to Native peoples. As members of the Hayward community, it is vitally important that we not only recognize the history of the land on which we stand, but also, we recognize that the Muwekma Ohlone people are alive and flourishing members of the Hayward and broader Bay Area communities today.

This acknowledgement was created by the Muwekma Ohlone Tribe with the support of the CSUEB Indigenous Acknowledgment Collective and is a living document.

Chabot College, Hayward, CA
The Ohlone are located on the Northern California Coast. Ohlone was an umbrella term given to the collective of various tribes, bands, and territories. Chabot College sits on land recognized as Ohlone Muwekma, the Chochenyo speaking People. This land was and continues to be of great importance to the Muwekma Ohlone Tribe and other familial descendants of the Verona Band.

Holy Names University, Oakland, CA
We acknowledge that HNU sits on the traditional lands of the Muwekma Ohlone People, and pay respect to elders both past and present.

We would like to formally acknowledge the people and land of the Muwekma Ohlone Tribe. A Land Acknowledgment is a formal statement that recognizes the history and legacy of colonialism that impacted Indigenous Peoples, their traditional territories, and practices.

Acknowledgment is a simple, powerful way of showing respect and a step toward correcting the stories and practices that erase Indigenous people’s history and culture and toward inviting and honoring the truth.

The ability to gather, learn, and establish our presence as an institution of higher education came at a great expense of the original inhabitants of this land, the Muwekma Ohlone Tribe (mah-wek-mah ahlone-ee).

We would like to acknowledge that Holy Names University sits on the traditional lands of the Muwekma Ohlone people, and pay respect to elders both past and present.

The mission of HNU is to empower a diverse student body for leadership and service, guided by the core values of the Sisters. These Core values include Dedication to Justice, Service to People Who are Poor or Marginalized, and Commitment to Liberating Action. It is important to reflect on these commitments in relation to the very location of HNU: Our location in Oakland, CA, with all of its rich diversity and stark disparities, and our campus itself being located on the land first inhabited by the Ohlone people.

Long before Holy Names University was here on this hill, and even before the Sisters came to California, this area was home to the Ohlone. The Ohlone still have a presence today, in Oakland and throughout the Bay Area.

The present-day Muwekma Ohlone Tribe is comprised of all of the known surviving American Indian lineages aboriginal to the San Francisco Bay region who trace their ancestry through the Missions Dolores, Santa Clara, and San Jose; and who were also members of the historic Federally Recognized Verona Band of Alameda County. The aboriginal homeland of the Muwekma Ohlone Tribe includes the counties of San Francisco, San Mateo, most of Santa Clara, Alameda, Contra Costa, and portions of Napa, Santa Cruz, Solano, and San Joaquin.

Let us acknowledge with respect and reverence for the Muwekma Ohlone People, who have stewarded this land throughout the generations, while not forgetting the colonization of this land.

Stanford University, Palo Alto, CA
Stanford sits on the ancestral land of the Muwekma Ohlone Tribe. This land was and continues to be of great importance to the Ohlone people. Consistent with our values of community and inclusion, we have a responsibility to acknowledge, honor, and make visible the University’s relationship to Native peoples.

Santa Clara University, Santa Clara, CA
We pause to acknowledge that Santa Clara University sits on the land of the Ohlone and the Muwekma Ohlone people, who trace their ancestry through the Missions Dolores, Santa Clara, and San Jose. We remember their connection to this region and give thanks for the opportunity to live, work, learn and

pray on their traditional homeland. Let us take a moment of silence to pay respect to their Elders and to all Ohlone people past and present.

San Jose State University, San Jose, CA
The San José State University community recognizes that the present-day Muwekma Ohlone Tribe, with an enrolled Bureau of Indian Affairs documented membership of over 550, is comprised of all of the known surviving American Indian lineages aboriginal to the San Francisco Bay region who trace their ancestry through the Missions Santa Clara, San José, and Dolores, during the advent of the HispanoEuropean empire into Alta California; and who are the successors and living members of the sovereign, historic, previously Federally Recognized Verona Band of Alameda County.

Furthermore, the San José State University community recognizes that the university is established within the Tha´mien Ohlone-speaking tribal ethnohistoric territory, which based upon the unratified federal treaties of 1851-1852, includes the unceded ancestral lands of the Muwekma Ohlone Tribe of the San Francisco Bay Area. Some of the enrolled Muwekma lineages are descended from direct ancestors from the Tha´mien Ohlone tribal territory whose ancestors had affiliation with Mission Santa Clara. The San José State University community also recognizes the importance of this land to the indigenous Muwekma Ohlone people of this region, and consistent with our principles of community and diversity strives to be good stewards on behalf of the Muwekma Ohlone Tribe whose land we occupy.

UC Berkeley, Berkeley, CA
Native American Student Development recognizes that UC Berkeley sits on the territory of xucyun (Huichin), the ancestral and unceded land of the Chochenyo speaking Ohlone people, the successors of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to the Muwekma Ohlone Tribe and other familial descendants of the Verona Band.

We recognize that every member of the Berkeley community has, and continues to benefit from, the use and occupation of this land, since the institution’s founding in 1868. Consistent with our values of community, inclusion and diversity, we have a responsibility to acknowledge and make visible the university’s relationship to Native peoples. As members of the Berkeley community, it is vitally important that we not only recognize the history of the land on which we stand, but also, we recognize that the Muwekma Ohlone people are alive and flourishing members of the Berkeley and broader Bay Area communities today.

This acknowledgement was co-created with the Muwekma Ohlone Tribe and Native American Student Development and is a living document.

PREPARED BY: Holly Zappala
Management Analyst
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 25

DESK ITEM
DATE: June 7, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction Regarding a Potential Land Acknowledgement Regarding Aboriginal Homeland
REMARKS:

Since the initial publication of the report, staff has received questions from Council Members regarding acknowledging the Muwekma Ohlone Tribe in the proposed Land Acknowledgement language, as both the Tamien Nation and the Muwekma Ohlone claim Los Gatos land.

The present-day Muwekma Ohlone Tribe is comprised of all of the known surviving American Indian lineages aboriginal to the San Francisco Bay region who trace their ancestry through the Missions Dolores, Santa Clara, and San Jose; and who were also members of the historic Federally Recognized Verona Band of Alameda County. The aboriginal homeland of the Muwekma Ohlone Tribe includes the following counties: San Francisco, San Mateo, most of Santa Clara, Alameda, Contra Costa, and portions of Napa, Santa Cruz, Solano and San Joaquin.

This large contiguous geographical area, which historically crosscuts aboriginal linguistic and tribal boundaries, fell under the sphere of influence of the aforementioned three missions between 1776 and 1836. The missionization policies deployed by the Catholic Church and militarily supported by the Hispanic Empire, brought many distantly related, and in some cases, already inter-married tribal groups together at the missions.

The request for the Town of Los Gatos to incorporate a Land Acknowledgement came from the Los Gatos Anti-Racism Coalition following their engagement with the Tamien Nation Tribal Chairwoman. Staff believed it was important to reach out directly to the Tamien Nation Tribal Chairwoman prior to submitting the report for Council consideration, as she had been previously involved with the discussion.

PAGE 2 OF 2
SUBJECT: Land Acknowledgement
DATE: June 6, 2022
REMARKS (continued):

Before initiating a discussion with the Muwekma Ohlone Tribe, staff looks to direction from the Town Council on whether to move forward with a Land Acknowledgement.

The City of San Jose is currently working with both the Tamien Nation and Muwekma Ohlone on a Land Acknowledgement to be included in the San Jose City Charter. As discussions become more complex when working with more than one Tribe, the City of San Jose hired a Tribal Mediator to facilitate the work.

Should Council decide to pursue a Land Acknowledgement and recognize and honor the Muwekma Ohlone and Tamien Nation, staff recommends engaging the services of a Tribal Mediator. The approximate fee for this service is $250 - $450 per hour.

Due to current staff workloads, the increased attention that a Land Acknowledgement requires, and if Council decides to move forward, the Land Acknowledgement work could be considered in the context of the other recommendations resulting from the external Justice, Equity, Diversity, and Inclusion (JEDI) consultant report. Staff could return to Council with the Land Acknowledgement item in August in conjunction with the JEDI report and recommendations.

Once Council sees all of the recommendations together, Council could decide if a Land Acknowledgement is the highest priority recommendation.

Since the initial publication of the Land Acknowledgement staff report, staff also received a question from a Council Member regarding what percentage of communities are using a Land Acknowledgment similar to the one proposed in the report. Staff is unable to provide a percentage, as the Land Acknowledgements are all very individualized. If the Council decides to move forward, the proposed language could potentially change depending on engagement with Muwekma Ohlone.

Attachments Previously Received with the Staff Report:

1. Land Acknowledgement Examples
Attachments Received with this Desk Item:

2. Public Comment

Attachment 2
From: Pam Bond
Sent: Monday, June 6, 2022 7:22 PM
To: PublicComment <[email protected]>
Subject: Public Comment Item 25

EXTERNAL SENDER
Dear Council Members of Los Gatos,
I am writing to you today to strongly urge you to vote in favor of the land acknowledgement for the Tamien Nation.

With recent DEI efforts by the Town Council and its current Listen, Learn, Change, Grow campaign, this land acknowledgment will provide a lot of educational value for our community. Most people aren't aware of the existence of the Ohlone people, even fewer are aware of the Tamien Nation.

A land acknowledgement is a critical first step in establishing potential future correspondence and collaboration with the indigenous people of this land.

Therefore, I am in full support of passing this land acknowledgement.

Thank you for your consideration,
Pam Bond
From: Erica Rose
Sent: Monday, June 6, 2022 11:30 PM
To: PublicComment <[email protected]>
Subject:

EXTERNAL SENDER
Dear Council Members of Los Gatos,
My name is Erica Weinstein. I am writing to you today to strongly urge you to vote in favor of the land acknowledgement in Los Gatos. The fact is that this land is unceded territory, forcibly taken by colonists. There is no greater injustice than our willingness to forget our past. There is no greater injustice than neglect. This is our history and we have a responsibility to teach it.

With recent DEI efforts by the Town Council and its current Listen, Learn, Change, Grow campaign, this land acknowledgment will provide a lot of educational value for our community. A land acknowledgement is a critical first step in establishing potential future correspondence and collaboration with the indigenous people of this land.

Therefore, I am in full support of passing a land acknowledgement.

Thank you for your consideration,
Erica Weinstein

Attachment 2
From: Erin Quigley
Sent: Monday, June 6, 2022 7:39 PM
To: PublicComment <[email protected]>
Subject: Public comment item #25

EXTERNAL SENDER
Dear Council Members of Los Gatos,
My name is Erin Quigley. I am writing to you today to strongly urge you to vote in favor of the land acknowledgement for the Tamien Nation.

With recent DEI efforts by the Town Council and its current Listen, Learn, Change, Grow campaign, this land acknowledgment will provide a lot of educational value for our community. Most people aren't aware of the existence of the Ohlone people, even fewer are aware of the Tamien Nation.

A land acknowledgement is a critical first step in establishing potential future correspondence and collaboration with the indigenous people of this land.

Therefore, I am in full support of passing this land acknowledgement.

Thank you for your consideration,
Erin Quigley
Sent from my iPhone
From: Elizabeth
Sent: Monday, June 6, 2022 6:50 PM
To: PublicComment <[email protected]>
Subject: Land Acknowledgement

EXTERNAL SENDER
My name is Liz Meier. I am writing to you today to strongly urge you to vote in favor of the land acknowledgement for the Tamien Nation.

With recent DEI efforts by the Town Council and its current Listen, Learn, Change, Grow campaign, this land acknowledgment will provide a lot of educational value for our community. Most people aren't aware of the existence of the Ohlone people, even fewer are aware of the Tamien Nation.

A land acknowledgement is a critical first step in establishing potential future correspondence and collaboration with the indigenous people of this land.

Therefore, I am in full support of passing this land acknowledgement.

Thank you for your consideration,
Elizabeth Meier
Sent from my iPhone

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Chief of Police and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 26
DATE: May 25, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Identify the Town Council’s Objectives for the Summer Promenade Event Series and Provide Direction as Necessary for Modifications to the Conditional Letter of Approval.

RECOMMENDATION:

Discuss and identify the Town Council’s objectives for the summer promenade event series and provide direction as necessary for modifications to the Conditional Letter of Approval.

BACKGROUND:

On May 4, 2021, the Town Council allocated $80,000 of America Rescue Plan Act (ARPA) funds to the Chamber of Commerce to host up to seven Summer Promenade events in Downtown Los Gatos to stimulate the downtown economy. At the time, the Chamber requested the funds to assist with the planning and implementation of the event series on Thursday afternoons. The events closed N. Santa Cruz Ave. with the intent to draw the community together to rediscover Downtown Los Gatos, shop, dine, and reconnect with the community as it weathered the COVID-19 pandemic. Event attractions included music and family entertainment. The 2021 event series was held on July 1, 8, 15, 22, and 29, and August 5 and 12. Under Town Code, the event series required a Special Event Permit, which was issued by the Town to the Chamber.

The Chamber requested the ability to have a “blanket” Alcohol Beverage Control (ABC) permit that allowed the community to essentially have open containers of alcohol at the event as a way to encourage event participants to patronize local businesses and take advantage of the ability for the establishments to sell the “to-go” style beer, wine, and cocktails. One parameter set forth in the Special Event Permit was that no outside alcohol was allowed, and establishments were not permitted to sell outside of their currently approved ABC dispensing areas.

PAGE 2 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
BACKGROUND (continued):

As the event evolved over the weeks, Town and Chamber staff worked closely to make modifications and adjust the format as the summer progressed. As we learned together, Town staff worked with the Chamber to address concerns and modified the Special Event Permit to include increased signage that clearly stated the prohibition of outside alcohol and required restaurants to stay within their licenses premise for the sale and service of alcohol.

As the weeks continued, the number of event guests bringing beverages into the event increased as evidenced by the community feedback to staff. Staff also received complaints about the consumption of alcohol by guests that were not properly identified as being over 21 years.

At its August 17, 2021 meeting, the Town Council held a public discussion debriefing the event series. In general, there was support for the event series to continue in the future. The Chamber reported that they “learned a lot” to consider when planning future events.

Comments from the Town Council also applauded the event series success and supported future events. Additional feedback included that there should be increased partnership with outside service organizations or other Los Gatos businesses not located downtown; however, the event organizers should limit participation and be sensitive to not overcrowding the streets with tents that hide or cover store fronts. Likewise, there was a suggestion from one Council member to not create an overcrowded environment or allow the event to become “too big.” Of the $80,000 granted to the Chamber of Commerce for the 2021 Promenades, about twothirds was provided to the Chamber prior to the conclusion of the event, and the remaining funds will be allocated once the appropriate invoices, receipts, and other expenditure backup documentation is provided to the Town for ARPA audit purposes.

DISCUSSION:

At its February 15, 2022 meeting, the Town Council allocated an additional $120,000 of ARPA funds to the Chamber of Commerce to fund a 2022 Summer Promenade event series. During this discussion, the Town Council asked staff about the amount of staff resources required to create an environment where multiple events, including the Promenades, Music in the Park, and Jazz on the Plazz, can take place safely and successfully for all stakeholders. Based on the staff response, the Council unanimously approved the following motion:

Motion by Vice Mayor Ristow to allocate up to $120,000 of ARPA funds to the Chamber of Commerce to produce a summer promenade series with the possibility of fewer events if there are limited Town staff resources and with the possibility of sponsorships.

Seconded by Council Member Sayoc.

PAGE 3 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):

Prior to the meeting, the Chamber had submitted a Special Event Permit application and site map (see Attachment 1) for the 2022 Summer Promenades. Following the direction from the Council motion, staff took time to consider how staffing resources could be allocated to support all of the summer events and determined that seven Thursday Promenades could be supported with specific Conditions of Approval (Attachment 2). The approved dates are June 16 and 23; July 7, 14, 21, and 28; and August 4.,
One of the conditions of approval that varied from the request made in the Chamber’s Special Event Permit application was the addition of beer/wine gardens, rather than allowing for an open format for alcohol consumption along the entire street as occurred in 2021. For clarification purposes, while these areas are being referred to as beer/wine gardens, these areas are more flexible in that they are designated areas where beer, wine, and cocktails may be dispensed and consumed in compliance with ABC provisions. In addition, the beer gardens are not age restrictive for entry, rather identification is confirmed for the sales, service, and consumption of alcoholic beverages.

Town staff believe that having more controlled environments where alcohol is sold and served provides better control and oversight to ensure that outside alcohol is not being brought into the event, and all those consuming the beverages have been properly identified as 21 years or older.

Additionally, the beer garden model provides an identified purchase and consumption location that achieves the ability to contain large groupings of people and monitor the supply and consumption of alcohol while supporting the Council Member’s concern of preventing an overcrowded environment. This condition, noted on page 5 of Attachment 2, allows up to three beer gardens. The sizes and locations of the beer gardens were left up to the discretion of the Chamber of Commerce based on their volunteer resources. Town staff also saw this as an opportunity to create options for businesses located outside of downtown to participate in the event.

The Chamber disagreed with this condition and made several requests for it to be removed. On April 21, 2022, Town staff, including the Town Manager, Chief of Police, Police Captain, Economic Vitality Manager, and Events and Marketing Specialist, met with the Chamber of Commerce to discuss their concerns. At this meeting, staff heard from the Chamber that they had a difficult time preventing some guests from bringing their own alcohol in 2021 as the guests were used to bringing their own alcohol, chairs, etc. when attending music events in Town parks. The Chamber did not believe promotional material with guidance as to how to enjoy the Promenades would be effective. In addition, the Chamber stated that a beer garden model was more expensive and labor intensive to implement.

PAGE 4 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):

The Chamber suggested that the Town take on the enforcement issues pertaining to outside alcohol and underage drinking. The Police Chief clarified that the two Officers would be present for security purposes to keep the overall peace of the event. The Town does not have resources to enforce the provisions of the Special Event Permit. The Permit conditions are the responsibility of the event organizer. Given the 2021 experience, staff explained that the Chamber was responsible for ensuring necessary levels of volunteers at each event, providing educational signage related to approved alcohol consumption areas, and that the beer garden conditions would provide for controlled dispensing and consumption area(s) while enjoying music and the other event offerings.

In addition, staff discussed other events in Town and how these are permitted. For example, single events, such as weekend art and wine festivals, lend themselves better to having an open alcohol format within the full event area as most guests attend once during the event. For a weekly event series, momentum and awareness increases with each week, and creates opportunities for guest to come up with work arounds and creative ways to bring in their own alcohol. While Jazz on the Plazz and Music in the Park are also weekly events, by being held in a park, there is better containment and oversite. Also, these events are limited to guests brining their own beer and wine, along with food, as permitted by the Town Code within Town Parks.

Jazz on the Plazz offers a hospitality tent that essentially operates similar to a beer garden with a limited area where the alcohol is dispensed under the provisions of an ABC permit and may not be carried or transferred outside of the gated area.

In early May, the Chamber provided staff with input that they only had the volunteer and financial resources to have one beer garden per Promenade and thus submitted an ABC permit application to the Town to approve with an accompanying site map noting a single beer garden location (Attachment 3). Staff processed this ABC permit, and both the Town Manager and Chief of Police provided their approving signatures.

On Friday, May 20, 2022, the Chamber contacted staff to share that its Board of Directors met earlier in the week and considered cancelling the Promenades due to the restrictions of the beer gardens. Soon after, the Mayor agendized this item for further review and discussion.

Staff is concerned that the Chamber’s acknowledgement of not having enough volunteers to staff one beer garden lends concern to the ability to monitor and oversee the entire event area with open alcohol consumption and no designated control parameters.

Staff has had conversations with the ABC and there are multiple ways that this event could be permitted, with nuances associated with each format; however, from a big picture perspective, the ABC only provides the license and permission for the expanded sales and service, and the agency relies on the Town to set the safety and security measures that are necessary for the

PAGE 5 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
DISCUSSION (continued):
community. It is then the expectation that the applicant will follow all Town and ABC provisions completely and responsibly.

It is important to note that the Special Event Permit process is a consistent and transparent process that is applied equitably to applicants. There are many occasions where an application for an event permit contains activities, locations, or other elements that Town staff cannot support. As done with the Chamber’s Promenade application, staff works internally to identify alternative options to offer to the applicants so that the event may still take place and be manageable from logistics, staffing, Town Code, and other policy perspectives.

CONCLUSION AND NEXT STEPS:

With this agenda item, staff is asking the Town Council to articulate its objectives for the Summer Promenade event series. While the Chamber of Commerce is the event applicant, the Town is allocating $120,000 of ARPA funding for the event series, an increase of $40,000 from the ARPA allocation in 2021, for the same number of number of events. Thus, it seems appropriate to understand the Town Council’s objectives with the Promenades and the environment that is intended at the events so that the event permit may be reflective of the Town Council’s objectives.

For example, is the intent to provide an outdoor “festival” environment with the primary focus on the event activities, such as music, food, alcohol, and entertainment that is all stationed along the street? Or, is the intent to close the road to create a pedestrian walkway to support an outdoor community gathering with musical entertainment while encouraging event guests to shop and dine within existing establishments?
If the intent is a festival experience, staff recommends that the total number and frequency of the Promenades be reduced to allow for a better allocation of staff resources, assessments, and modifications to address any concerns. With the pandemic impact expected to be significantly less than 2021, staff estimates a considerable increase in attendees at the 2022 Promenades.

The Town Council may also want to consider if this type of event series would be better suited in a park so that it has defined boundaries that can be better managed by the event organizer with its volunteer capacity.

If the intent is focused more on encouraging event guests to visit the local shops and restaurants by offering a closed street and outdoor enhancements that invite guests into merchant locations, then it is recommended that the alcohol consumption be limited to designated areas such as beer gardens as outside alcohol cannot be consumed while going in and out of downtown businesses, even those with an ABC permit.

PAGE 6 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
CONCLUSION AND NEXT STEPS (continued):

ABC prohibits the mingling of licenses, meaning that the dispensing party and licensed boundary set forth by any single ABC license cannot be combined. Alcohol purchased within one licensed area may not cross over into another licensee’s boundary, or a retail location without an ABC license. Thus, having an open form of consumption does not allow for guests to enter a retail or restaurant establishment with their beverage purchased at the event.

The Town Council is welcome to identify other objectives and staff will be prepared to support the conversation and suggest parameters that achieve the Council’s objectives in a fun and safe event for all ages and meets the Chamber’s intended outcomes.

Once the Council provides direction, Town staff will update the Conditions of Approval and issue the Special Event Permit. The first Promenade is scheduled for Thursday, June 16. A debrief of the first Promenade is scheduled at the June 21 Town Council meeting to provide the Council an opportunity to make any other changes to the event series.

PUBLIC COMMENT:

On May 31, 2022, the Chamber of Commerce provided a letter to the Town Council via email (Attachment 4) outlining their concerns and requested modifications to the Special Event Permit. The Chamber highlights that their intent with the event is to create a “COVID- friendly environment in which residents and visitors of all ages, were encouraged to walk up and down the street patronizing merchants and restaurants and socializing, thus boosting economic vitality.” The “proposed constraints” of the Special Event Permit “hinder the spirit, intent and success of the event.” By creating controlled areas for alcohol sales and consumption, staff’s intention was to find a way for the event to maintain the ability to have alcohol sales and consumption, create clear boundaries for guests to purchase and consume alcohol, while patronizing local businesses and enjoying the other amenities of the event.

In addition, when staff met with Chamber staff in April, it was reiterated that the permit allowed up to three beer gardens without a size and location requirement. This permit condition provided flexibility for the Chamber to determine the beer garden placement throughout the event and to offer guests more space to move within the confined area. It was also discussed that this model could use wrist bands to identify those 21 and over, and guest of all ages could be inside the garden areas, providing an opportunity for beer gardens to be created with alcohol dispensing points, family entertainment, and other attractions within the defined area. The Chamber reported that this model was too expensive and labor intensive to implement.

PAGE 7 OF 7
SUBJECT: 2022 Summer Promenade Events
DATE: May 25, 2022
PUBLIC COMMENT (continued):

On a high-level, staff remains concerned with the comments made both in the letter attached and verbally during meetings with staff regarding the Chamber’s concerns with the cost and labor associated with alcohol consumption oversight. The Chamber has stated that they lack the ability to monitor smaller beer gardens yet request a format that is similar to one large beer garden with numerous ingress and egress locations and a less defined boundary.

The Chamber describes themselves as “untrained lay people, not capable of policing infractions.” Regardless of the number and size of beer gardens or dispensing locations, as the event applicant, coordinator, and ABC licensee, the Chamber of Commerce is responsible to coordinate an event that meets the provisions set forth within the Town Code and Special Event Permit providing, to the best of their ability, a safe event environment. Likewise, it is the expectation of the ABC that the licensee is responsible for implementing and enforcing all ABC provisions. The Los Gatos-Monte Sereno Police Officers that are required to be onsite for the event are not intended to replace the Chamber’s responsibility to manage the event, rather to provide more immediate public safety presence and assistance in a crowded event.

COORDINATION:

This report was coordinated with the Police Department, Town Attorney’s Office, and Town Manager’s Office.

FISCAL IMPACT:

The Council discussion on this matter has no fiscal impact to the Town.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Permit Application with Initial Site Map

2. Conditional Letter of Approval

3. ABC Permit and Site Map

4. Public Comment received from the Chamber of Commerce on May 31, 2022

ATTACHMENT 1 Page 565

�GATOS

APPLICATION FEE
SPl;CIAL EVENT
;\P,PL,1CftTIOt,I, -
' . ' . f}.

Application fees must be submitted with the applfcation at least 60 days prior to the event date and paid Yla check. Appllcatlons Will not be processed untll payment has been received. Checks must be made out to the Town of Los Gatos.

All fees can be dropped off in person or maHed to:

Town of Los Gatos
110 E. Main St.

Los Gatos, CA, 95030
Attn: Special Event Application Fee
Applications may also be submitted via email to the Events Specialist at [email protected]
For questions contact Christina Hill at [email protected] or 408-399-5734 New Event: $910.00
For-Profit Applicants
Repeat Event: $680.00
New Event: $227.00
Not-For-Profit Applicants
Repeat Event: $170.00
For other potential ..vent related fees please reference the "Special Event Guidelines and ProcedurM," documenl

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
Name of Event: Summer Promenades
Date(s) of Event: June 16, 23, July 7, 14, 21, 28, August 4, 2022 Time(s) of Event: 5:00 p.m. – 9:00 p.m.

Location(s) of Event: N. Santa Cruz Ave between W. Main St. and Bachman Ave Permittee: Los Gatos Chamber of Commerce
Event Contact: Randi Chen
Event Contact Phone: 408-858-1803
This is a letter of conditional approval for the above specified event, issued to the Permittee and/or the organization the Permittee represents, named above by the Town of Los Gatos based on the information the Permittee has disclosed in the special event application and any written or verbal conversations with Town staff regarding the event.

The purpose of the Conditional Letter of Approval is to grant the Permittee the approval to move forward with the planning and logistics of the event under the conditions stated in this document. The Town will issue the Special Event Permit to the Permittee after all conditions set forth in this Conditional Letter of Approval have been addressed to the satisfaction of the Town Manager or his/her designee. Given the non-Town agencies that may need to work with the Permittee on specific conditions, the issuance of the final Special Event Permit may not occur until just prior to the event. If a Permittee needs additional clarification for its work with vendors, non-Town agencies, etc., please contact the Special Events Staff for assistance. Once the Special Even Permit is issued, the Permittee will be authorized to execute the event.

The conditions included in this document may include but are not limited to; requirements with completion timelines concerning the time, place, scope of the event, required permits from other government agencies, vendor provisions, payment of applicable fees and deposits, and other provisions including but not limited to conditions to protect the safety of persons and property, provide for adequate traffic control, and regulate the sale and service of food and/or alcohol. Specific details regarding each of these conditions can be found in this letter.

ADDITIONAL CONDITIONS MAY ARISE AFTER THE ISSUING OF THIS LETTER OF APPROVAL AS THE

PLANNING OF THE EVENT PROGRESSES, THESE CONDITIONS WILL BE COMMUNICATED TO THE PERMITTEE AND ADDED TO THE FINAL SPECIAL EVENT PERMIT.

The Permittee must abide by all applicable conditions listed below. Failure to comply with all conditions, or any violation of law prior to the event will result in the denial of the Special Event Permit and therefore immediate cancellation of the event and possibly denial of future events, fines, and/or criminal prosecution. If during the planning of the approved event, the scope, intensity, location, type, or size of event deviates significantly from the description provided on the special event application this Conditional Letter of Approval will no longer be valid and the Permittee will need to submit a new application to reflect the deviation. The Town Manager, Chief of Police and/or the Director of Parks & Public Works and/or Streets & Parks Superintendent has the right at any time to revoke permission for an event and no rebates or refunds of fees will be made because of such termination. The Permittee or the organization they represent must pay all costs associated with a permitted event.

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
I. STANDARD CONDITIONAL REQUIREMENTS:
1) Permittee shall obtain all required permits and submit copies of these permits to the Town Events Specialist prior to the event which may include but are not limited to; ABC permit, Banner permit, Fire permit(s), Parks Use permit and Environmental Health permit(s). A copy of each permit must be kept on file at the event.
2) Permittee or designated person shall be on-site at the event at all times to ensure compliance with the special event permit conditions.
3) Permittee shall ensure cleanliness of the event and surrounding area throughout the event by providing adequate trash and recycling receptacles and must submit a clean-up plan for large scale events. The Permittee understands that he/she or their organization may be billed for cleanup costs incurred by the Town if cleanup is not performed adequately, and/or future applications for a Special Event Permit and/or Special Use Permit may be denied.
4) Permittee shall provide a safe environment for event attendees as determined by the Santa Clara County Fire Department, Department of Environmental Health and Safety and/or the Los Gatos Monte Sereno (LGMS) Police Department.
5) The Permittee agrees to protect, defend, and hold harmless the Town of Los Gatos, its elective or appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property. This applies to the Permittee, Permittee’s agents, officers, or employees, subcontractors, or independent contractors hired by Permittee. This hold harmless agreement shall apply to all liability, regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee. The person signing this Special Event Permit declares that he/she has the authority to bind the Permittee, and that Permittee is bound by all terms of this Special Event Permit. In the event that the signatory lacks such duly granted authority, said undersigned signatory personally assumes all liability for fees, costs and damages. The Permittee further agrees to repay the Town for any and all incurred costs; damage and clean-up to parks, streets, facilities, buildings or other property owned by the Town which results from the above-named event. The Permittee agrees to comply with these permit issuance conditions and any other requirements of the Town of Los Gatos. 6) Permittee shall obtain Town approved insurance. Permittee shall maintain comprehensive general liability insurance (including coverage for damages to rented property) with policy limits of at least $1,000,000 per occurrence. For general liability insurance policies, Permittee agrees to the following terms and shall provide Town with a separate endorsement which states that the policy contains the following language:
a) The Town, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds; and,
b) The insurer waives the right of subrogation (the right of recovery against others) against Town elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and,
c) The insurance shall be primary non-contributing. If alcohol will be served or sold, host liquor liability must be stated within the insurance policy. Permittee shall maintain Workers’ Compensation Insurance, as required by law. Permittee shall maintain Automobile Insurance, as required by law. No policy shall be canceled or materially changed except after thirty (30) days' notice by the insurer to Town.

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
II. SPECIFIC CONDITIONS RELATED TO THIS EVENT
1) ARPA GRANT FUNDS
a) On Tuesday, February 15, 2022, Town Council unanimously passed a motion to allocate up to $120,000 of ARPA funds to the Los Gatos Chamber of Commerce (the Permittee) to produce a summer promenade series with the possibility of fewer events if there are limited Town staff resources and with the possibility of sponsorships. The payment terms and requirements of the grant are outlined in the attached agreement. All fees mentioned in this letter will be deducted from the approved grant funds following the payment and reimbursement terms outlined in the agreement.
2) PUBLIC NOTICE
a) Permittee shall notify all residents and businesses in the list provided by the Town which includes the immediate areas and the Almond Grove area, at least two weeks prior to the event in the form of a letter, flyer or other form of documentation. A copy of this notification must be submitted to the town for approval prior to its distribution. b) The Permittee shall obtain a banner permit(s) from the Town for each temporary banner placed in Town prior to placing the banner(s). The banner(s) shall only be placed in the approved locations. Per the Los Gatos Municipal Code, no more than three banners may be used per event.
3) EVENT AREA USE PARAMETERS
a) The Permittee shall have use of the following areas under the following use times, for the purposes of this permit:
i) N. Santa Cruz Ave between Main St. and Bachman Ave.
(1) Event dates and hours are permitted for Thursday, June 16, 23, July 7, 14, 21, 28, August 4 from 5:00 p.m. – 9:00 p.m.
(2) Event set-up may begin at 2:00 p.m. and event tear-down must conclude before 10:30 p.m. on the same day. The street re-opening time of 10:30 p.m. is designed to provide the Permittee with a maximum of 1.5 hours to tear-down event equipment. However, the Permittee shall make every effort to clear crowds and remove pedestrians off the street at the immediate conclusion of event programming at 9:00 p.m. (3) There shall be no programming on the N. Santa Cruz Ave within 50 feet from the main closure points of Main St. and Bachman Ave.
(4) Band equipment may be placed on the street spanning the roadway, as shown on the event site map, per the approval of the Santa Clara County Fire Department (SCCFD). No stages or other similar structures may be used for the band unless they provide a 20’ clearance for emergency vehicles to enter and exit the roadways, per SCCFD’s requirements.
ii) Town Plaza Park
(1) The Permittee may use Town Plaza Park on the permitted event dates for no more than two consecutive hours, solely for the purposes of “yoga in the park.” No additional event programming outside of that is permitted unless otherwise approved by the Town ahead of time.

ATTACHMENT 2

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
(2) Alcohol sales or service are prohibited in Town Plaza Park. (3) The Permittee is required to pay the $55 parks use fee as noted in the 2021/2022 Town of Los Gatos comprehensive fee schedule for the hours of use. iii) Municipal Lot 4 & Street Parking
(1) The Permittee may use four spaces in municipal parking lot 4 for the location of portable restrooms with an approved encroachment permit from the Town of Los Gatos. (2) The Permittee may have use of six public street parking spaces located on N. Santa Cruz Ave. and Bachman Ave. from 1:00 p.m. – 10:30 p.m. for sound technician vehicles with an approved encroachment permit from the Town of Los Gatos. b) The Permittee shall be allowed to use amplified sound in the form of music until 9:00 p.m. but mut comply with all noise level ordinances. However, if the Town receives complaints from the public the ending time of the music may be adjusted during the event series to address these complaints.
c) No event equipment may be placed on any open, public roadways during set-up without prior consent from the Town.
d) Permittee must remove all event equipment from the entire event area immediately following the event to allow for N. Santa Cruz Ave to re-open to through traffic no later than 10:30 p.m. on the evening of the event(s).
e) If any portion of the event is outside of the permitted areas or times it may result in termination of the event in those non-permitted areas or the entire event. 4) TRAFFIC CONTROL
a) The Permittee may commence the road closure of N. Santa Cruz no earlier than 2:00 p.m. and must re-open the street no later than 10:30 p.m. on each event date. b) The Town shall provide the Permittee with a traffic control plan as part of the N. Santa Cruz closure packet. The Permittee shall be responsible for obtaining and paying uniform traffic control devices and a traffic control vendor to implement the closure and re-opening according to the provided traffic control plan.
c) Town staff shall utilize anti-vehicle barricades at the road closure points of Main St. and North Santa Cruz Ave and Bachman Ave. and North Santa Cruz Ave. The barricades will be managed and deployed by the Los Gatos Parks and Public Works Department and LGMSPD. The Permittee shall be required to pay for all Town staff time required for the use of the barricades. d) Roads are to remain open and unobstructed until the scheduled closure time, and only after traffic control devices are in place and the road is safely closed to through traffic. e) Permittee shall be responsible for posting all approved, Police-issued, “No Parking Signs,” in all roadways and parking lots that will be closed to the public for the event no later than 72 hours prior to the use of the space. The Permittee must use “blue tape” or other non-permanent adhesive material or tie so as not to damage or leave adhesive residue upon the fixture the sign is attached. Permittee shall remove all signs within two days after the event. f) The Permittee shall be required to utilize two electronic message boards that should be in place a week before the event to notify the public of the upcoming road closure(s). The Town may supply these to the Permittee if the Town-owned boards are available at the time of the event.

The Permittee may be required to reimburse the Town for staff time required to place the message boards.

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
g) Permittee shall staff all roadway closures and allow access to emergency personnel when necessary. Drive through private property egress areas shall be blocked to prevent vehicular access to N. Santa Cruz. Private property egress areas must be monitored by event staff. h) S. Santa Cruz Ave. and W. Main St. shall remain open and unobstructed at all times. i) University Ave. and adjacent side streets shall remain open and accessible to and from all municipal parking lots.
j) All private property driveways/parking lots not leading to N. Santa Cruz Ave. shall remain open and unobstructed.
k) Permittee shall provide staff or volunteers to monitor all points of ingress and egress, throughout the event to ensure that all barricades and signage remain in place and un-altered. 5) SAFETY & SECURITY
a) The Permittee will be required to utilize two Los Gatos-Monte Sereno Police officers for each event between the hours of 5:30 p.m. and 10:30 p.m.
b) LGMSPD may also require the use of a Parking Control Officer while the road closure is occurring to ensure pedestrian and vehicle clearance for a safe and controlled closure. The Permittee shall be required to pay for all LGMSPD personnel charges.
c) The Permittee must obtain a special event permit from the Santa Clara County Fire Department and comply with all Santa Clara County Fire Department’s outdoor festivals and carnivals, and any other relevant standards and specifications.
d) Fire hydrants shall remain accessible with adequate clearance from any vehicles, structures, tents, or other barricades.
e) The Permittee shall have volunteers or other staff onsite for the duration of the event to help maintain crowd control and an orderly program.
6) FOOD & ALCOHOL
a) The Permittee may have up to three enclosed “beer gardens” at each event, within the permitted event area of N. Santa Cruz Ave. for the service and sales of alcohol with an approved permit from the State Alcoholic Beverage Control (ABC). The location of the beer gardens should be included on the event site map and shared with Town staff prior to the event date(s). b) The Permittee must post staff, volunteers, and/or event personnel as well as signage at all entry/exit points of the permitted alcohol service areas to ensure alcohol does not leave the designated areas.
c) The Permittee shall include educational language on their event marketing materials and website explaining the rules of alcohol consumption at the event. d) It is recommended that the Permittee works with the participating businesses before the event to explain the conditions of alcohol sales, service, and consumption at the event. e) No alcohol consumption may occur anywhere else within the permitted event areas, including outside alcohol or “to go,” drinks sold at businesses that have the appropriate license. Anyone consuming alcohol outside of the permitted beer garden areas may be cited. f) The Permittee must place signage measuring at least 11”x17” throughout the event that reads, “No Alcohol Consumption on Street.”

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
g) The Permittee and their staff must ensure that alcohol is only served or sold to individuals possessing a valid ID verifying that they are over the legal drinking age of 21. The Permittee may choose to utilize an age-identification mechanism (after age has been verified) such as a wrist band or a designated beverage container.
h) The Permittee shall be responsible for training staff and volunteers prior to the event to identify individuals who have consumed an excessive amount of alcohol and may be a danger to themselves or other individuals and shall not allow that individual to purchase any additional alcohol. The Permittee shall escalate to the appropriate authorities if the situation deems necessary, to ensure the safety of the public and the Permittee. 7) HEALTH & CLEANINESS
a) This Conditional Letter of Approval is being issued under the assumption that the event named in this letter will be permitted to occur on the requested event date under State and County orders. In accordance with Town Code Section Sec. 14.100.045. the Town reserves the right to change or revoke this conditional letter, and thus cancel the event, if new federal or local guidelines or requirements are issued that would prohibit this event, or environmental factors at the time of the event persist or worsen from the current condition and the event would jeopardize the health and safety of the public.
b) The Permittee must comply with all COVID-19 Federal, State, and County Public Health Orders, requirements, restrictions, and guidance pertaining to the event program and activities. Failure to comply with these measures may result in fines, and/or immediate cancelation of the event(s) from State, County or Town officials. Information on current COVID-19 requirements can be found at www.covid19.sccgov.org/home and www.covid19.ca.gov/safer-economy. c) The Permittee shall clean the entire event space immediately following the event. A pre and post event evaluation of the entire event space will be performed to determine any necessary clean-up or repair costs. If any charges are incurred a report and invoice will be provided to the Permittee by the Town within 30 days of the event. d) The Permittee shall be responsible for providing additional trash and recycling receptacles to accommodate for the additional traffic. They must also be responsible for emptying all trash and recycle bins, including Town bins, in the event area and placing them into a dumpster provided by the Permittee.
e) The Permittee must ensure the number of toilets is adequate for the number of anticipated attendees and meets all Department of Environmental Health standards to ensure no public urination or the unauthorized use of adjacent private property restrooms without prior approval from the property owner. If using private restrooms, the Permittee must submit this in writing in their plan and indicate that they have received approval from the business owner to direct attendees to use their private restrooms.

Town Manager’s Office • 110 E. Main St., Los Gatos, CA 95030 408.354.6832 • www.losgatosca.gov • www.facebook.com/losgatosca

TOWN OF LOS GATOS

SUMMER PROMENADES

LETTER OF CONDITIONAL APPROVAL
Permittee Date
Laurel Prevetti, Town Manager Date

ATTACHMENT 3

Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
May 27, 2022
Dear Council Members,
Thank you to the Town Staff - Laurel Prevetti, Chief Field, Monica Renn and Christina Hill for meeting with us a few weeks ago to discuss our concerns about the new rules and restrictions imposed on the Summer 2022 Promenade events. As you all know, we are discouraged with the final decision requiring us to sell alcoholic beverages in designated beer gardens. This plan completely defeats the purpose and does not at all honor the spirit or the intent of the “Promenades”. We tried to stress this concern to staff, but no one seems to be listening. On February 15, the Council voted unanimously to give the Chamber an ARPA grant in the amount of $120,000 to produce a series of Promenades that best reflected last year’s events.

Thanks also to the Council members for meeting with us individually to listen to our concerns and special thanks to Mayor Rennie for putting this item on the June 7th agenda.

We feel strongly that Council needs to discuss this topic in a public forum so our merchants, restaurants and residents can weigh in with their thoughts. We believe the proposed constraints the staff has imposed will hinder the spirit, intent and success of the event. The intent, as you know, was to create a safe, COVID- friendly environment in which residents and visitors of all ages, were encouraged to walk up and down the street patronizing merchants and restaurants and socializing, thus boosting economic vitality.

To be collaborative and good stewards of the values in our community, we are open to entertaining alternative solutions that will appease the staff when it comes to managing the alcohol and beverage service at these weekly events. For starters, ABC rules have tightened since last year, so we must make adjustments to comply.

My staff and I were also concerned about alcohol overconsumption and underage drinking last summer.

After the second Promenade, we hired LGMS police officers to ensure that the events were safe for all.

As our debrief notes reflect, we had very few complaints.

We shared with the staff our ideas for additional safety protocols for this year’s events. The ideas included but were not limited to the following:
• check individual IDs and issue wristbands (ABC)
• sell alcohol (sold streetside) via token or ticket (ABC) • sell no more than two beverages at a time (ABC)
• post volunteers at each event egress and ingress (ABC) • post signage on How to Promenade so everyone understands the expectations – social media, website, and day-of on site
• get a DEH permit as necessary
• end street side alcohol sales at 8 p.m. – one hour before end of event ATTACHMENT 4

Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
After much deliberation with the Chamber Board and staff, stakeholders and the local ABC officials, here are the two options we hope the Council will consider and discuss on June 7.

1. The entire event is one enclosed beer garden as it was last year (Main Street-Bachman).

Chamber agrees to follow all ABC rules and additional guidelines (as stated above), but attendees will be able to move about and promenade freely. We anticipate 5-6 dispensing points. This option also allows for off N. Santa Cruz restaurants the chance to participate. It also equals the playing field for all and does not give any one business an unfair advantage.

2. The Chamber does not get an ABC permit. Restaurants must follow the ABC rules in accordance with their licenses. Chamber will post signage explaining that open containers are not allowed on the public street. As untrained lay people, we are not capable of policing infractions if there are any. For all intents and purposes, choosing this option would make the Promenades alcohol-free events.

Of course, we think it is in the Council’s best interest to go for option 1. This option will require more staff and administration for the Chamber, but we are willing to do it for the benefit of our businesses and for the enjoyment of our guests. This option preserves the integrity and spirit of last year’s events.

If the staff insists, and the Council concurs with their recommendation that we silo the event into beer gardens, we will not do them at all.

Thank you for your time and we look forward to discussing these options and answering any questions.

Catherine, LG Chamber staff, LG Chamber Board

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Chief of Police and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022
ITEM NO: 26

DESK ITEM
DATE: May 25, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Identify the Town Council’s Objectives for the Summer Promenade Event Series and Provide Direction as Necessary for Modifications to the Conditional Letter of Approval.

REMARKS:

Attachment 5 contains public comment received from 11:01 a.m. June 2 to 11:00 a.m. June 6, 2022.

Attachments previously received with the Staff Report:

1. Permit Application with Initial Site Map

2. Conditional Letter of Approval

3. ABC Permit and Site Map

4. Public Comment received from the Chamber of Commerce on May 31, 2022 Attachment received with this Desk Item:

5. Public Comment received from 11:01 a.m. June 2 to 11:00 a.m. June 6, 2022.

From: [email protected] <[email protected]> Sent: Monday, June 06, 2022 3:21 PM
To: Council <[email protected]>; Town Manager <[email protected]> Cc: 'Catherine Somers' <[email protected]>; 'Donna McCurrie' <[email protected]>
Subject: Letter for desk item for Council meeting June 7 - Agenda Item #26

EXTERNAL SENDER
Dear Mayor Rennie and Council Members –
For your consideration of Agenda Item #26 at the June 7, 2022 council meeting.

Thank you.

Randi Chen
ATTACHMENT 5

Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
June 6, 2022
Dear Mayor and Council –
We would like to clarify a few items regarding the staff report associated with Item #26, the Promenade Summer Series, on the June 7 Council agenda.

The Chamber still believes that an ABC license encompassing the entire event is the appropriate way to proceed with the Promenades.

Regarding a few specific issues:

Staffing and administration:
• Regardless of whether the Chamber staffs an individual beer garden with various vendors or a street-long event, with the same various vendors, the Chamber will need to sell tokens, check IDs and wristband attendees who wish to purchase alcohol. • In addition, we will have to count tokens and pay vendors after each event.

Have we agonized over the logistics of how to do this? Yes – and we have pivoted several times, and discussed this daily for the last month. We have reached out to all of you, as well as our merchants and our Food & Wine group. In the end, we have come to the conclusion that an individual beer garden will silo the attendees; and as we’ve said previously, negate the spirit and intent of the Promenades. We are prepared to hire additional staff and volunteers to make this event successful.

In the report, Staff questioned:
“Is the intent to provide an outdoor “festival environment” with the primary focus on the event activities, such as music, food, alcohol and entertainment stationed along the street? Or is the intent to close the road to create a pedestrian walkway to support an outdoor community gathering with musical entertainment while encouraging event guest to shop and dine within existing establishments?” • The answer is the latter – if everyone is stationed in an individual beer garden, there will be no promenading, patronizing the stores, or listening to the bands.

ABC License:
• The staff is correct that ABC prohibits the mingling of licenses. Regardless of which iteration we choose, siloed beer gardens, street-long event or no ABC license at all, the restaurants must follow the rules of their own ABC licenses. This means that patrons who purchase alcohol at a restaurant, must consume it within the confines of that restaurant. Any to-go alcohol must be purchased with a meal.
• Whether we have an individual beer garden OR an ABC license that covers the street-long event, the restaurants, breweries and wineries will be vendors for the Chamber. Vendors will all have tents, tables, etc, take tokens as payment, and only serve wrist-banded attendees. • If we have an ABC license that encompasses the entire length of the Promenade, patrons may buy a drink from a street-side vendor with a token, and promenade at will.

Los Gatos Chamber of Commerce
10 Station Way, Los Gatos, CA 95030
losgatoschamber.com, 408-354-9300
Security:

If we get an ABC license for the street-long event, the Chamber will hire private security to staff the egresses/ingresses to the event, so folks do not leave the event with open alcohol containers. We will have signage indicating that alcohol may not leave the event and that outside alcohol is not allowed.

In summary:

After much thoughtful discussion, the Chamber has determined that we have the capability to staff and administer the street-long event. Whether there is an individual beer garden or vendors on the street, the needs are similar. The number of vendors, and the ability to invite businesses off N. Santa Cruz Avenue, will be the same in either scenario. We think that forcing folks into a beer garden will compromise the event and not encourage promenading or the sense of community that the Promenades were originally envisioned to do.

Thank you.

Los Gatos Chamber Staff & Executive Director

From: Jennifer McRay
Sent: Monday, June 6, 2022 3:37 PM
To: Council <[email protected]>; Town Manager <[email protected]> Subject: Re: council meeting 6/7

EXTERNAL SENDER
Hello,
I am writing in reference to the agenda item on tomorrow's town council meeting regarding the Summer Promenades. I grew up in Los Gatos and have owned Kismet Boutique for the last 20 years. My hope is that the council will approve a street wide event like last year. The vibe and energy was so fun to see, especially after the horrific year we all had. Families were enjoying the downtown environment, dancing and strolling up and down the street. It was also good for business, because not only were people wandering around town who had never been in my store, they came back after and said how much fun they had. It was nice to see Los Gatos as a fun and vibrant town. As merchants we have received a lot of feedback from customers who say Los Gatos is a stuffy and sleepy town. I loved how the Promenades brought the community together and it felt like the way Los Gatos used to feel back in the 80s and 90s.

There are soooo many charming downtowns and places for people to shop and eat at in the Bay Area. I felt like Los Gatos was finally getting the attention it deserves. Those of us that live and/or work in town know what a special place it is. It was nice to share that with others, which in turn helps out the restaurants and businesses that have been struggling since the pandemic.

I had the worst year in business in 2020 and the best year in 2021 and I think that was due to an influx of new customers coming in to Los Gatos to shop. The marketing is working and I hear all the time what a beautiful area it is. Let's keep up the momentum that we have established in the last year that allows the local businesses to flourish and allow the Summer Promenades to continue like last year.

Thank you,
Jennifer McRay
Owner
Kismet Boutique