How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by following the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
APRIL 04, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
APRIL 04, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/85022166378?pwd=WWJ1eThYMVhabFV6TW9MZ0M2cWVwdz09 Passcode: 167761 You can also type in 850 2216 6378 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of the record.
MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council member to participate remotely under AB 2449 (Government Code 54953).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, or Town staff; · Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Proclamation Recognizing Poetry Month
ii. Poet Laureate and Student Poetry Readings.
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on
the item will be heard.)
1. Approve Closed Session Meeting Minutes of March 16, 2023.
2. Approve Council Meeting Minutes of March 21, 2023.
3. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Execute a Construction Agreement with Spencon Construction in an Amount Not to Exceed $427,520; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount.
4. Adopt Ordinance 2339 Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code Regarding Bingo Award Amount Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
5. Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
6. Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos.
PUBLIC HEARINGS
7. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner:
Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer.
OTHER BUSINESS
8. Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting - Closed Session March 16, 2023
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, March 16, 2023, to hold a Closed Session at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:32 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Rennie.
Absent: None
Recused: Council Member Rob Moore
VERBAL COMMUNICATIONS
Chris Diane (Wiley)
- Requested a copy of the American Civil Liberties Union letter.
THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One case (Facts and circumstances:
Letter from ACLU regarding Planning Commissioner censure) The Town Council reconvened in open session and Gabrielle Whelan, Town Attorney, stated the Town Council discussed item one and there was no reportable action.
ADJOURNMENT
Closed Session adjourned at 6:50 p.m.
Attest: Submitted by:
___________________________ ___________________________ Jenna De Long, Deputy Clerk Laurel Prevetti, 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: 04/04/2023
ITEM NO: 2
DRAFT
Minutes of the Town Council Meeting
March 21, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, March 21, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Maria Ristow (participated remotely under AB 2449 “Just Cause”), Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
Mayor Ristow stated she will be participating remotely under AB2449 due to a contagious illness, and no one over 18 years old is in the room with her.
PLEDGE OF ALLEGIANCE
Juliette Vrijen led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Vice Mayor Badame presented a proclamation for Red Cross Month to Juan Benitez a Red Cross Board Member and Los Gatos resident.
Vice Mayor Badame presented commendations to members of the Senior Service Committee to recognize their service in preparing the Senior Roadmap.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met in Closed Session on Thursday, March 16, 2023, to discuss potential litigation duly noted on the agenda and there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Hudes stated he met with individuals on various Town Committees and Commissions, met with several individuals on a variety of topics including: wildfire and vegetation management strategy, finance policy, amateur radio emergency services, Senior Roadmap implementation, Eucalyptus trees on Overlook Road; met with a former Senior Service Committee member; attended an Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian; and announced amateur radio service “HAM Cram” courses will begin April 1, 2023.
PAGE 2 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Council Matters – continued
- Council Member Rennie stated he attended the Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian, the Silicon Valley Clean Energy Authority (SVCEA) Board meeting, the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, the Cities Association Board meeting, and the Finance Commission meeting; received an update on the North 40 Phase II plan; spoke at a Democracy Tent meeting; met with residents regarding Fire Department costs and services, and capital emergency preparedness funding; and announced May is Bike month. - Council Member Moore stated he met with residents regarding homelessness, traffic, wireless communications, and schools during his Council Member Community Coffee event; and attended an assembly on culture and diversity at Daves Elementary School, the Cal Cities Statewide Community Services Committee meeting, the KCAT Community Storytelling Series, the Ethos ribbon cutting, the Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian, Plant-Based Advocates speaker series, a meet-up for people interested in housing, the Housing Element Advisory Board (HEAB) meeting, and the West Valley Sanitation District meeting. - Mayor Ristow stated she attended the Chamber of Commerce Gala, the Ethos ribbon cutting, the Rockefeller Capital Management ribbon cutting, the St. Vincent de Paul at St.
Mary’s monthly meeting, the Finance Commission meeting, and the HEAB meeting as an observer; met with 7th graders at Fisher Middle School regarding their projects; delivered a birthday card on behalf of the Town Council for resident Tomoko-san’s 91st birthday; and thanked Council for picking up obligations while she is out. - Vice Mayor stated she attended a meeting with Don Capobres, Eden Housing, and Grosvenor regarding the North 40 Phase II, Finance Commission as an observer, Pi Day celebration at Mathnasium and presented awards, and the Plant-Based Advocates speaker series.
Manager Matters
- Announced the newest Community Emergency Response Team (CERT) class will hold their graduation at the Saratoga Senior Center on Saturday, March 25 at 12:30 p.m. - Announced the San Francisco Opera will be coming to Los Gatos Civic Center Lawn on March 24 and 25 at 7:30 p.m., and on March 26 at 2:00 p.m. - Announced Town staff will be at the farmer’s market on Sunday, March 26 to discuss the Housing Element.
- Announced Spring into Green will be held on Sunday, April 23, 2023 and more information is forthcoming.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting Minutes of March 6, 2023.
2. Approve Closed Session Meeting Minutes of March 7, 2023.
3. Approve Council Meeting Minutes of March 7, 2023.
PAGE 3 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Consent Items – continued
4. Appoint Vice Mayor Mary Badame as the Council Liaison to the Community Health and Senior Services Commission.
5. Receive the Monthly Financial and Investment Report (January 2023).
6. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
7. Receive the Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period July 1, 2021 to June 30, 2022.
8. Authorize the Town Manager to Execute a Third Amendment to the Consultant Services Agreement with Dixon Resources Unlimited (Dixon) for the Comprehensive Downtown Parking Study (813-0242) to Extend the Contract term, Add to the Scope of Services, and Additional Compensation.
9. Approve Partial Rent Relief for Los Gatos-Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, Using Available American Rescue Plan Act (ARPA) Dollars.
Opened public comment.
Marie Cameron
- Commented in support of New Museums of Los Gatos (NUMU) partial rent relief related to item 9.
Ami Davis, NUMU Executive Director
- Commented in support of the New Museums of Los Gatos (NUMU) partial rent relief related to item 9 and requested additional rent relief on a permanent basis.
Kimberly Snyder, NUMU Interim Executive Director
- Commented in support of the New Museums of Los Gatos (NUMU) partial rent relief related to item 9.
Nancy Rollett, Los Gatos-Saratoga Recreation Executive Director - Commented in support of the Los Gatos-Saratoga Recreation partial rent relief related to item 9.
Closed public comment.
Council Member Hudes pulled items 6 and 9.
MOTION: Motion by Council Member Rennie to approve items 1-5, 7, and 8. Seconded by Council Member Moore.
VOTE: Motion passed by a unanimous roll call vote.
PAGE 4 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
VERBAL COMMUNICATIONS
Lynley Hogan
- Read an excerpt from author Paul Harvey.
Gary Kohlsaat
- Commented on concerns with Public Resources Code Section 4290 regarding fire safety regulations and requested Council consider drafting a resolution similar to Saratoga to streamline projects.
Catherine Somers
- Commented on unhoused residents seeking a shelter from the weather and requested information to assist these residents.
PUBLIC HEARINGS
10. Introduce a Proposed Ordinance Amending Section 3.50.015 of the Town Code to Increase Maximum Bingo Award to $500.
Gabrielle Whelan, Town Attorney, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to approve the introduction of the Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3 “Amusements” of the Town Code Regarding Bingo Award Amount.
Seconded by Council Member Moore.
VOTE: Motion passed by a unanimous roll call vote.
11. Fee and Fine Schedules for Fiscal Year 2023/24:
a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2023/24 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2023/24. RESOLUTION 2023-012 b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2023/24 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2023/24. RESOLUTION 2023-013
PAGE 5 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Public Hearing Item #11 – continued
Gitta Ungvari, Finance Director, presented the staff report.
Opened Public Comment.
No one spoke.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to adopt a resolution approving the Comprehensive Fee Schedule in Attachment 1 of the staff report for Fiscal Year 2023/24 to continue certain Department fees, rates, and charges, and amending certain fees, rates, and charges for Fiscal Year 2023/24; and adopt a resolution approving the Comprehensive Fine Schedule in Attachment 3 of the staff report for Fiscal Year 2023/24 to continue certain Department fines and amending certain fines for Fiscal Year 2023/24. Seconded by Council Member Hudes.
VOTE: Motion passed by a unanimous roll call vote.
OTHER BUSINESS
12. Receive a Report on Roadside Fire Fuel Reduction (Vegetation Management) (CIP 812- 0130) and Provide Direction on 2023 Work Plan.
Council Member Hudes stated he lives within 1,000 feet of Eucalyptus trees on Overlook Road that will be discussed during this item and in consultation with the Town Attorney, stated he will participate in the discussion and consideration of this item.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Opened public comment.
Anita Goddard
- Commented on her experience with the fallen Eucalyptus trees on Overlook Road and requested removal of the trees.
Linda Rodriguez
- Commented on her experience with the fallen Eucalyptus trees on Overlook Road, requested removal of the trees, and would like the removal to be moved up to a priority one.
PAGE 6 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Other Business Item #12 – continued
Mary O’Connell
- Commented on her experience with the fallen eucalyptus trees on Overlook Road and requested removal of the trees.
Rob Stump
- Commented on wildfire preparation and prevention; requested the Town approve $750,000 to match the Federal Emergency Management Agency grant for roadside fuel reduction; authorize a minimum of $250,000 to remove Eucalyptus trees; and requested additional funding to support weed abatement.
Aileen Braga
- Commented concerns of the Eucalyptus trees on Overlook Road and requested removal of the trees.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to move the Eucalyptus trees on Overlook Road to priority one and allocate $750,000 in fiscal year 2022/23 to match the federal grant. Seconded by Council Member Hudes.
VOTE: Motion passed by a unanimous roll call vote.
Recess 8:59 p.m.
Reconvene 9:10 p.m.
13. Receive Preliminary Fiscal Year 2023/24 – 2027/28 Five-Year Capital Improvement Program (CIP) Information and Provide Direction on Project Priorities.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Opened public comment.
Nancy Walker
- Commented on concerns with the storm drain on Loma Street not draining properly causing flooding of the street and surrounding homes, and requested Council prioritize the storm drain issue.
PAGE 7 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Other Business Item #13 – continued
Kerry Lindholm
- Commented on concerns with the storm drain on Loma Street causing flooding of the street and surrounding homes, and requested Council prioritize the storm drain issue.
Richard Newell
- Commented on the storm drain on Loma Street does not drain properly and provided a presentation, requested the Council prioritize the storm drain issue.
Tom Picraux
- Commented on the community garden’s design and implementation concerns.
Patrick Dirks
- Requested Capital Improvement budget for fiscal years 2024, 2025 and 2026 to modernize and build out certain emergency management facilities including Incident Command Posts.
Ron Meyer
- Commented on prioritizing projects that support public safety, street infrastructure, wildfire maintenance, and requested information on how projects get prioritized.
Catherine Somers
- Commented on using the balance of funding in the downtown streetscape project to do revitalization projects.
Closed public comment.
Council provided feedback to staff with three or more Council Members supporting the reallocation of the Winchester Boulevard project grant funds, the storm drainage projects, the community garden design project, and emergency preparedness.
Pulled Consent Items
6. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
Laurel Prevetti, Town Manager, stated staff is available for questions.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
PAGE 8 OF 8
SUBJECT: Draft Minutes of the Town Council Meeting of March 21, 2023 DATE: March 21, 2023
Pulled Consent Item #6 – continued
Council Members Hudes and Badame requested the Mayor place the Housing Element on the first available Council meeting agenda.
MOTION: Motion by Council Member Hudes to accept the annual progress report for the General Plan and Housing Element implementation. Seconded by Vice Mayor Badame.
VOTE: Motion passed by a unanimous roll call vote.
9. Approve Partial Rent Relief for Los Gatos-Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, Using Available American Rescue Plan Act (ARPA) Dollars.
Opened public comment.
Catherine Somers
- Commented in support LGS Recreation 55+ and NUMU programs, and requested Council utilize ARPA funds to provide full rent relief for another year.
Tom Picraux
- Commented on concerns with having a sustainable continuation of social recreation programs for older adults.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Moore to approve partial rent relief for Los GatosSaratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, using available American Rescue Plan Act (ARPA) dollars. Seconded by Council Member Hudes.
VOTE: Motion passed by a unanimous roll call vote.
ADJOURNMENT
The meeting adjourned at 11:12 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: James Watson
Interim Town Engineer
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 3
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921):
a. Award and Execute a Construction Agreement with Spencon Construction in an Amount Not to Exceed $427,520; and
b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount
RECOMMENDATION:
Staff recommends that the Town Council authorize the following actions for the Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) for Fiscal Year (FY) 2022/23:
a. Award and execute a construction agreement with Spencon Construction (Attachment 1) in an amount not to exceed $427,520; and
b. Authorize staff to execute change orders in an amount not to exceed ten percent of the contract award amount.
BACKGROUND:
The adopted Fiscal Year (FY) 2022/23-2026/27 Capital Improvement Program (CIP) Budget designates funding for the Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921).
The goal of this annually funded project is to replace and improve damaged or outdated curbs, gutters, sidewalks, driveways, and curb ramps within the Town’s jurisdiction to address safety and operational issues and to improve accessibility.
For the FY 2022/23 Curb, Gutter, and Sidewalk Maintenance (Concrete) Project, a large portion of the work focuses on replacing or retrofitting curb ramps for compliance with the Americans with Disabilities Act (ADA) and other accessibility requirements. Title II of the ADA obligates jurisdictions to upgrade non-conforming curb ramps when streets are resurfaced from one
PAGE 2 OF 3
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: March 30, 2023
DISCUSSION (continued):
intersection to another. The United States Department of Justice has determined that surface treatments such asphalt overlay and rubber cape seal trigger the requirement for ADA compliant curb ramps on associated streets.
The Council authorized the bid at its Feb.7, 2023 meeting. On March 2, 2023, bid packages were opened, and five contractors submitted bids: Spencon Construction, Silicon Valley Paving, Rosas Brothers Construction, Mercoza, and Valley Concrete (Attachment 2). The contract will be awarded to the lowest responsive bidder, Spencon Construction. The engineer’s estimate for a base bid was $409,900.
CONTRACTOR Base Bid Add. Alt. 1 Total Bid Amount
Spencon Construction $337,720.00 $89,800.00 $427,520.00 Silicon Valley Paving $356,830.00 $100,800.00 $457,630.00 Rosas Brothers Construction $358,500.00 $118,800.00 $477,300.00 Mercoza $395,350.00 $118,400.00 $513,750.00
Valley Concrete $483,010.00 $171,000.00 $654,010.00
CONCLUSION:
Staff recommends awarding and executing an agreement with Spencon Construction for $427,520. This project will be constructed in advance of this year’s Street Repair and Resurfacing Project (CIP No. 811-9901).
COORDINATION:
This project has been coordinated with the Finance Department and Town Attorney’s Office.
FISCAL IMPACT:
The FY 2022/23 – 2026/27 CIP Budget for the Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) has sufficient funds for the construction contract, including contingency and project delivery costs.
PAGE 3 OF 3
SUBJECT: Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921) DATE: March 30, 2023
FISCAL IMPACT (continued):
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the costs of projects, recovery of costs from grant funded projects, and identification of future staffing needs. This project utilizes a combination of full-time budgeted staff and temporary staff that support fluctuating workloads. The costs for temporary staff will be directly associated with this project while full-time staff are accounted for in the department’s operating budget.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under the California Environmental Quality Act but is Categorically Exempt (Section 15301(c)). A Notice of Exemption has been filed.
Attachments:
1. Construction Agreement with Exhibit A - Bid Summary
2. Bid Summary
Budget Costs
GFAR $ 544,280
Total Budget $ 544,280
Construction $ 427,520
Construction Contingency (10%) $ 42,752
Temporary/Part-Time Staff $ 12,000
Material Testing $ 20,485
Other Project Delivery Costs $ 915
Total Costs $ 503,672
Available Balance $ 40,608
Curb, Gutter, and Sidewalk Maintenance Project
CIP No. 813-9921
Construction Agreement
Spencon Construction ATTACHMENT 1
CONSTRUCTION AGREEMENT
This Agreement is dated for identification this 4
th day of April 2023 and is made by and
between the TOWN OF LOS GATOS, a California municipal corporation, whose address is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and Spencon Construction, identified as an S Corporation and whose address is 3170 Crow Canyon PL #250, San Ramon, CA 94583 (hereinafter "CONTRACTOR").
NOW, THEREFORE, the parties agree:
ARTICLE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT.
That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said TOWN, and under the conditions expressed in the two bonds hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost and expense, to do all the work and furnish all the materials and equipment necessary to construct and complete, in accordance with the plans and specifications hereinafter mentioned, in a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or his, of the TOWN OF LOS GATOS, California, all the works and improvements described, mentioned and set forth in those plans and specifications on file in the Office of the Parks and Public Works of said TOWN, entitled:
"Plans and Specifications for
Project #22-813-9921 FY 2022/23 Curb, Gutter, and Sidewalk Maintenance” which said plans and specifications and all the documents therein contained, including the TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such reference made part of this contract.
ARTICLE II: CONTRACTOR'S ACCEPTANCE
CONTRACTOR agrees to receive and accept the prices shown on Exhibit “A” $427,520, which is attached hereto and incorporated by reference herewith, as full compensation for furnishing all materials and equipment and for doing all the work described in the contract documents; also for all loss or damage as provided in the contract documents in the prosecution of the work until its acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the contract documents, plans and specifications, and the requirements of the Town Engineer.
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ARTICLE III: ACCEPTANCE BY TOWN
The said TOWN hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV: COMPLETION OF AGREEMENT
Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to Contractors which are hereby made a part of this contract. Inasmuch as the work called for under this contract concerns a needed public improvement, the time of performance and completion of this work is of the essence of this contract. It is expressly understood and agreed by the parties hereto that all the work called for under this contract, in all its parts and requirements, shall be completed thirty (30) working days from Notice to Proceed.
ARTICLE V: HOURS OF LABOR
The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25) for each workman employed in the execution of the contract by him or by any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and all amendments thereto.
ARTICLE VI: APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code governing the employment of apprentices by the CONTRACTOR or any subcontractor under him. CONTRACTOR and any of his subcontractors shall comply with the requirements of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance with the said sections regardless of any other contractual or employment relationships alleged to exist.
Information relative to apprenticeship standards and other requirements may be obtained from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards at its branch offices.
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ARTICLE VII: NONDISCRIMINATION
The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.
ARTICLE VIII: INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR is an independent contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents, servants or employees of TOWN.
ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS
CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such documents to TOWN upon TOWN's request. In the event that this Agreement is terminated prior to completion of the scope of work, CONTRACTOR shall provide all such data and documents to TOWN forthwith.
ARTICLE X: INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless the TOWN, its elected and appointed officials, employees, and agents (“Indemnified Parties”), from and against any claims, allegations, damages, awards, judgments, and expenses of every kind or character, including, but not limited to, attorney fees and expert costs, which may arise out of or result from in whole or in part CONTRACTOR’s performance of the work, except to the extent caused by the sole negligence or willful misconduct of Indemnified Parties.
CONTRACTOR’s obligation to defend Indemnified Parties shall be immediate upon written
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notice by TOWN to CONTRACTOR and CONTRACTOR shall, if requested by TOWN, defend Indemnified Parties using counsel approved by TOWN in its sole discretion.
ARTICLE XI: INSURANCE
a. Commercial General Liability/Automobile Liability Insurance:
CONTRACTOR shall obtain and maintain Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000) and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis.
b. Workers' Compensation Insurance:
CONTRACTOR shall obtain and maintain statutory Workers' Compensation insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000) per accident.
CONTRACTOR is familiar with the Workers' Compensation laws of California (generally contained in Section 3700 of the Labor Code), including those provisions which provide for specific exemptions from the requirement that all employers must carry Workers' Compensation insurance, and CONTRACTOR maintains they are exempted under the law from the requirement to maintain Workers' Compensation insurance coverage.
In addition, during the term of any work for TOWN under said agreement:
(1) CONTRACTOR will not employ any person in any manner so as to become subject to the Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the Workers' Compensation provisions of Section 3700 of the Labor Code for any reason, CONTRACTOR shall forthwith comply with those provisions and send evidence of financial compliance to TOWN.
c. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to TOWN. d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be received and approved by TOWN before work commences, and insurance must be in effect for the duration of the contract. The absence of insurance or a reduction of stated limits shall cause all work on the project to cease. Any delays shall not increase costs to TOWN or increase the duration of the project.
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e. Other Insurance Provisions:
(1) The TOWN OF LOS GATOS, its elected and appointed officials, employees, and agents are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by Town Attorney for Commercial General and Automobile Liability coverage.
(2) For any claims related to this project, CONTRACTOR's insurance coverage shall be primary and any insurance or self-insurance maintained by TOWN, its elected and appointed, officials, employees, and agents shall not contribute to it. (3) Each insurance policy required shall be endorsed that a thirty (30) day notice be given to TOWN in the event of cancellation or modification to the stipulated insurance coverage.
(4) In the event CONTRACTOR employs subcontractors as part of the work covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all subcontractors comply with the same insurance requirements that are stated in this Agreement. (5) Approval of the insurance by TOWN or acceptance of the Certificate of Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be held responsible for payment of damages resulting from CONTRACTOR's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance coverage hereunder.
(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage that is required pursuant to this contract, the same shall be deemed a material breach of contract.
TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR resulting from said breach. Alternately, TOWN may purchase such required insurance coverage, and without further notice to CONTRACTOR, TOWN may deduct from sums due to CONTRACTOR any premium costs advanced by TOWN for such insurance.
ARTICLE XII: BONDING REQUIREMENT
CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for Labor and Materials, or other guarantees, in the required $427,520 upon bond forms provided by the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial Management Service and shall be listed on the most current Treasury Circular 570 as contained in the Federal Register.
Contractor agrees to allow five percent of the faithful performance bond to remain in effect for a period of two years following Town Council project acceptance as guarantee for any needed repair or replacement caused by defective materials and workmanship.
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ARTICLE XIII: MAINTENANCE AND GUARANTY
CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a two (2) year period subsequent to the date of final acceptance.
This article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period, nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty certificates upon completion of the project.
ARTICLE XIV: SHORING FOR TRENCHES
If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of the Labor Code shall also be applicable.
ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES
This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County.
ARTICLE XVI: LIQUIDATED DAMAGES
It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of the construction by CONTRACTOR under this Agreement is delayed beyond thirty (30) working days from Notice to Proceed TOWN will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to TOWN the sum of Two Thousand Dollars ($2,00.00) per day in liquidated damages for each and every calendar day such delay in completion of the services under this Agreement continues beyond thirty (30) working days from Notice to Proceed. In the event that the liquidated damages are not paid, CONTRACTOR agrees that TOWN may deduct the amount of unpaid damages from any money due or that may become due to CONTRACTOR under this Agreement.
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ARTICLE XVII: INTERPRETATION OF CONTRACT
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS
This Agreement may be amended from time to time as necessary by formal and written amendment or authorized change order executed by the Town Manager or designee and principal acting on behalf of the CONTRACTOR.
ARTICLE XIX: DBE RESPONSIBILITIES
For projects that are State or Federal funding; With respect to Disadvantaged Business Enterprises, CONTRACTOR shall do the following:
(1) Pay each subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime contractor receives from TOWN. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
(2) Release all retainage owed to a subcontractor for satisfactory completion of the accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval of TOWN. This clause applies to both DBE and non-DBE subcontractors.
ARTICLE XX: PREVAILING WAGES
Prevailing Wage. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6.
This include service and warranty work on public buildings and structures.
1. The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be
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available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
3. The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
5. In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations.
Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
6. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
7. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for
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maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
8. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
9. The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
ARTICLE XXI: ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.
ARTICLE XXII: PUBLIC RECORDS
The parties recognize and acknowledge that TOWN is subject to the California Public Records Act, California Government Code Section 6250 and following. Public records are subject to disclosure.
ARTICLE XXIII: NOTICES
Any notice required to be given to CONTRACTOR shall be deemed to be duly and properly given if mailed to CONTRACTOR, postage prepaid, addressed to:
Spencon Construction
3170 Crow Canyon PL #250
San Ramon, CA 94583
or personally delivered to CONTRACTOR at such address or at such other addresses as CONTRACTOR may designate in writing to TOWN.
Any notice required to be given TOWN shall be deemed to be duly and properly given if mailed to TOWN, postage prepaid, addressed to:
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Nicolle Burnham
Parks and Public Works Director
TOWN OF LOS GATOS
41 Miles Avenue
Los Gatos, California 95030
or personally delivered to TOWN at such address or at such other addresses as TOWN may designate in writing to CONTRACTOR.
ARTICLE XXIV: SECTION 7106 FORM
Attached to the Agreement is a fully executed and sworn non-collusion affidavit as required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated herein by this reference.
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first written above.
APPROVED AS TO CONTENT:
Nicolle Burnham
Director of Parks and Public Works
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
"TOWN":
TOWN OF LOS GATOS
By:
Laurel Prevetti
Town Manager
Attest:
______________________________
Wendy Wood, CMC, Town Clerk
CONTRACTOR:
Name:
___________________________________
Address: ___________________________
___________________________________
Tax ID No. or SSAN:
By:
Title: _______________________________
By:
Title:
ITEM
NO
ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE
EXTENSION
1. Traffic Control L.S. 1 $10,000.00 $10,000.00
2. Adjust Utility to Grade Ea. 1 $250.00 $250.00
3. Clearing and Grubbing L.S. 1 $10,000.00 $10,000.00
4. Remove and Replace Sidewalk S.F. 1,000 $15.00 $15,000.00
5. Remove and Replace Curb and Gutter L.F. 200 $100.00 $20,000.00
6. Remove and Replace Cross Gutter S.F. 30 $25.00 $750.00
7. Remove and Replace Hardscape (Revocable) S.F. 60 $17.00 $1,020.00
8. Remove and Replace Residential Concrete Driveway S.F. 340 $25.00 $8,500.00
9. Install New Curb Ramp-Case A Ea. 4 $5,300.00 $21,200.00
10. Install New Curb Ramp-Case B Ea. 17 $5,300.00 $90,100.00
11. Install New Curb Ramp-Case C Ea. 11 $5,300.00 $58,300.00
12. Install New Curb Ramp-Case F Ea. 15 $5,300.00 $79,500.00
13. Install New Curb Ramp-Case G Ea. 3 $5,300.00 $15,900.00
14. Install New Curb Ramp-Case Modified G
(Revocable)
Ea. 1 $5,500.00 $5,500.00
15. Paint Red Curb (Revocable) L.F. 60 $10.00 $600.00
16. Remove and Install New Sign and Post Ea. 2 $550.00 $1,100.00
BASE BID
TOTAL $337,720.00
ITEM
NO
ITEM DESCRIPTION UNIT EST.
QTY.
UNIT
PRICE
EXTENSION
A1.1. Install Curb Ramp-Case B Ea. 16 $5,300.00 $84,800.00 A1.2. Install Curb Ramp-New Type A Passageway Ea. 2 $2,500.00 $5,000.00 ADD. ALT. 1
TOTAL
$89,800.00
GRAND TOTAL $427,520.00
ADD. ALTERNATE 1: Spencon Construction
Town of Los Gatos Parks and Public Works Department
#22-813-9921 FY 2022/23 Annual Curb, Gutter, and Sidewalk Maintenance Certified Bid Tabulation Bid Opening: March 2, 2023 at 2:00 pm BASE BID: Spencon Construction
EXHIBIT A
Town of Los Gatos Parks and Public Works Department
#22-813-9921 FY 2022/23 Annual Curb, Gutter, and Sidewalk Maintenance Certified Bid Tabulation Bid Opening: March 2, 2023 at 2:00 pm BASE BID:
ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION
1. Traffic Control L.S. 1 $10,000.00 $10,000.00 $35,000.00 $35,000.00 $3,500.00 $3,500.00 $20,000.00 $20,000.00 $21,000.00 $21,000.002. Adjust Utility to Grade Ea. 1 $250.00 $250.00 $1,500.00 $1,500.00 $400.00 $400.00 $1,000.00 $1,000.00 $250.00 $250.003. Clearing and Grubbing L.S. 1 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $8,500.00 $8,500.004. Remove and Replace Sidewalk S.F. 1,000 $15.00 $15,000.00 $35.00 $35,000.00 $6.00 $6,000.00 $24.00 $24,000.00 $22.50 $22,500.005. Remove and Replace Curb and Gutter L.F. 200 $100.00 $20,000.00 $92.00 $18,400.00 $20.00 $4,000.00 $64.00 $12,800.00 $132.00 $26,400.006. Remove and Replace Cross Gutter S.F. 30 $25.00 $750.00 $100.00 $3,000.00 $20.00 $600.00 $64.00 $1,920.00 $22.50 $675.007. Remove and Replace Hardscape (Revocable) S.F. 60 $17.00 $1,020.00 $150.00 $9,000.00 $10.00 $600.00 $25.00 $1,500.00 $22.50 $1,350.008. Remove and Replace Residential Concrete Driveway S.F. 340 $25.00 $8,500.00 $34.00 $11,560.00 $10.00 $3,400.00 $27.00 $9,180.00 $19.00 $6,460.009. Install New Curb Ramp-Case A Ea. 4 $5,300.00 $21,200.00 $3,230.00 $12,920.00 $6,600.00 $26,400.00 $7,550.00 $30,200.00 $8,325.00 $33,300.00
10. Install New Curb Ramp-Case B Ea. 17 $5,300.00 $90,100.00 $4,430.00 $75,310.00 $6,600.00 $112,200.00 $7,550.00 $128,350.00 $9,400.00 $159,800.0011. Install New Curb Ramp-Case C Ea. 11 $5,300.00 $58,300.00 $5,540.00 $60,940.00 $6,600.00 $72,600.00 $5,400.00 $59,400.00 $9,500.00 $104,500.0012. Install New Curb Ramp-Case F Ea. 15 $5,300.00 $79,500.00 $4,430.00 $66,450.00 $6,600.00 $99,000.00 $5,400.00 $81,000.00 $4,825.00 $72,375.0013. Install New Curb Ramp-Case G Ea. 3 $5,300.00 $15,900.00 $5,540.00 $16,620.00 $6,600.00 $19,800.00 $5,400.00 $16,200.00 $5,625.00 $16,875.0014. Install New Curb Ramp-Case Modified G (Revocable) Ea. 1 $5,500.00 $5,500.00 $5,650.00 $5,650.00 $6,600.00 $6,600.00 $5,400.00 $5,400.00 $5,625.00 $5,625.00
15. Paint Red Curb (Revocable) L.F. 60 $10.00 $600.00 $8.00 $480.00 $10.00 $600.00 $10.00 $600.00 $35.00 $2,100.0016. Remove and Install New Sign and Post Ea. 2 $550.00 $1,100.00 $1,500.00 $3,000.00 $400.00 $800.00 $900.00 $1,800.00 $650.00 $1,300.00
BASE BID
TOTAL $337,720.00 BASE BID TOTAL $356,830.00 BASE BID TOTAL $358,500.00 BASE BID TOTAL $395,350.00 BASE BID TOTAL $483,010.00 ADD. ALTERNATE 1:
ITEM
NO ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION A1.1. Install Curb Ramp-Case B Ea. 16 $5,300.00 $84,800.00 $5,500.00 $88,000.00 $6,600.00 $105,600.00 $7,150.00 $114,400.00 $9,500.00 $152,000.00A1.2. Install Curb Ramp-New Type A Passageway Ea. 2 $2,500.00 $5,000.00 $6,400.00 $12,800.00 $6,600.00 $13,200.00 $2,000.00 $4,000.00 $9,500.00 $19,000.00 ADD. ALT. 1
TOTAL $89,800.00 ADD. ALT. 1 TOTAL $100,800.00 ADD. ALT. 1 TOTAL $118,800.00 ADD. ALT. 1 TOTAL $118,400.00 ADD. ALT. 1 TOTAL $171,000.00 GRAND TOTAL $427,520.00 GRAND TOTAL $457,630.00 GRAND TOTAL $477,300.00 GRAND TOTAL $513,750.00 GRAND TOTAL $654,010.00 This certifies that all bids were received and opened on March 2, 2023 and that this is a copy of the bid tabulation with bids corrected for errors in addition and multiplication. By: J. Chin, Assistant Engineer Spencon Construction Mercoza Valley ConcreteSpencon Construction Silicon Valley Paving Rosas Brothers Construction Mercoza Valley Concrete Silicon Valley Paving Rosas Brothers Construction
Attachment 2 (one page)
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Finance Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 4
DATE: March 28, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt Ordinance 2339 Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code Regarding Bingo Award Amount Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”
RECOMMENDATION:
Adopt Ordinance 2339 titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code regarding bingo award amount Amending Section 3.50.015 of the Town Code to increase the maximum bingo award to $500.” BACKGROUND:
At its regular meeting of March 21, 2023, the Town Council held a public hearing to consider the introduction of Ordinance 2339 to amend Chapter 3, of the Town Code “Amusements,” regarding bingo award amount amending Section 3.50.015 to increase the maximum bingo award to $500. The Town Council voted 5-0 to approve the introduction of Ordinance 2239.
This ordinance will become effective 30 days after adoption.
CONCLUSION:
Staff recommends the Town Council adopt Ordinance 2339 titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code regarding bingo award amount amending Section 3.50.015 of the Town Code to increase the maximum bingo award to $500.”
PAGE 2 OF 2
SUBJECT: Town Code Amendment Regarding Bingo Award Amount DATE: March 28, 2023
COORDINATION:
The Town Attorney’s Office and Town Manager’s Office coordinated this report.
FISCAL IMPACT:
Nominal publication costs are associated with adopting the Ordinance to meet the requirement of Government Code 36933, and they will be absorbed within the current Fiscal Year (FY) 2022/23 Operating Budget. Costs for codification of the Ordinance into the Municipal Code are also included in the current budget.
ENVIRONMENTAL ASSESSMENT:
Because the proposed Ordinance will not result in a change in the physical environment, its adoption is not a project defined under the California Environmental Quality Act and no further action is required (Public Resources Code Section 21065).
Attachment:
1. Ordinance 2339 Bingo Ordinance
1 of 2
Ordinance Date
ATTACHMENT 1
DRAFT ORDINANCE 2339
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 3, “AMUSEMENTS,” OF THE TOWN CODE REGARDING BINGO
AWARD AMOUNT
WHEREAS, the Town’s bingo ordinance is codified at Sections 3.50.010 and following; and
WHEREAS, Town Code Section 3.50.015 currently sets the maximum prize amount for bingo games at $250 per game;
WHEREAS, California Penal Code Section 326.5 authorizes local jurisdictions to establish a maximum prize amount for bingo of up to $500 per game; WHEREAS, a local non-profit organization has requested that the Town increase the maximum prize amount for bingo from $250 to $500 per game; and WHEREAS, the Town Council is amenable to this requested increase; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Town Code Section 3.50.015, “Maximum Amount of Prize,” is amended to read as follows:
The total value of prizes awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held.
SECTION II. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION III. Publication.
The Town Clerk is directed to cause copies of this ordinance to be posted in three (3)
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Ordinance Date
ATTACHMENT 1
prominent places in the Town of Los Gatos and to cause publication once in the Los Gatos Weekly, the official publication of legal notices of the Town of Los Gatos, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
SECTION IV. CEQA.
Adopting this ordinance increasing the amount of prize money per bingo game is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the March 21, 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 4
DESK ITEM
DATE: April 4, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt Ordinance 2339 Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3, “Amusements,” of the Town Code Regarding Bingo Award Amount Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”
REMARKS:
A Council Member had several questions (bold face type) and staff’s responses are provided below.
1. Does the ordinance differ from the Saratoga ordinance? If so, in what way and why? Saratoga:
Permit term is three years and can be renewed for successive 3-year periods. Bingo not permitted in commercial zones.
Bingo not permitted between midnight and 9 a.m.
City requires annual report to Town including dates and locations of games, amount of proceeds from each event, amount of total proceeds for the year, and how the proceeds were used.
City can conduct audits.
No cap on maximum prize. (State law provides that local jurisdictions can set cap up to $500 maximum.)
Los Gatos:
Permit term is one year, and a new permit required annually. Bingo is permitted only on property rented or owned by the non-profit. Bingo is not permitted between midnight and 10 a.m.
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SUBJECT: Town Code Amendment Regarding Bingo Award Amount DATE: March 28, 2023
REMARKS (continued):
Town can do a criminal history check on permit applicant. Sets $500 cap on maximum prize.
2. Why does the Town’s bingo ordinance differ from Saratoga’s? Staff would speculate that the ordinances are different because each entity set up their program in a way that works for them.
When representatives from KCAT made their original request, they did not know that the Town had a bingo ordinance. Staff contacted KCAT to find out what changes they were seeking to the Town’s bingo ordinance, and they said they wanted an increase of the cash prize to the $500 maximum allowed by state law.
Attachment Transmitted with Staff Report:
1. Ordinance 2339 Bingo Ordinance
Reviewed by: Town Manager and Chief of Police
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
ITEM NO: 5
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way
RECOMMENDATION:
Introduce an Ordinance repealing and replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to remove obsolete requirements and add regulations for E-Bikes and similar vehicles and amending Section 23.10.010, “Exceptions from Article,” to address required approval of bicycle racks in the public right of way.
BACKGROUND:
The Town’s Bicycle Ordinance is codified in Chapter 5 of the Town Code and was last amended in 1968. Since that time, a number of the Ordinance’s requirements have become obsolete.
For instance, the Town no longer requires bicycle registration.
In response to the widespread use of e-bikes in Town, the Town’s Youth Commission has worked with the Chief of Police, Officer Justin Milroy, and Community Outreach Coordinator Jackie Rose to review the bicycle Ordinance and propose revisions intended to:
1) Regulate the use of e-bikes in Town;
2) Remove obsolete provisions; and
3) Remove provisions that duplicate state law.
In addition, the Youth Commission has conducted outreach regarding the proposed revisions with the bicycle shops in Town.
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SUBJECT: Ordinance Regulating Bicycles and Regulated Mobility Devices DATE: March 30, 2023
DISCUSSION:
Vehicle Code Sections 21100(h) and 21206 authorize local agencies to regulate the use of bicycles within their jurisdictions.
The proposed ordinance would:
1) Define “regulated mobility devices” to include electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, and similar vehicles.
2) Prohibit the use of bicycles and “regulated mobility devices” on sidewalks and pedestrian paths.
3) Provide that no more than two riders may ride abreast. 4) Prohibit trick riding.
5) Prohibit riding in parks, playgrounds, or school grounds where not permitted. 6) Provide where parking is allowed.
7) Impose penalties for violations in an amount less than that allowed by state law. 8) Provide for completion of a safety course as an alternative to citations. 9) Remove requirements that duplicate state law. These include a prohibition on hitching bicycles to cars.
In addition, staff noticed that the Town’s bicycle ordinance contained a section stating that bicycle racks may be located in public right of way if approved by the Town Engineer. Staff recommends that existing Town Code Section 23.30.010, which addresses encroachments in the public right of way, be amended to include bicycle racks in the list of encroachments that may be permitted by the Town.
A copy of the proposed bicycle and ordinance is attached as Attachment 1. A copy of the Town’s existing bicycle ordinance is attached as Attachment 2.
CONCLUSION:
If introduced by the Town Council, the ordinance would return for adoption at the Town Council’s April 18th meeting and would take effect 30 days after adoption.
COORDINATION:
This report was coordinated by the Police Department, the Town Attorney’s Office, and the Town Manager’s Office.
FISCAL IMPACT:
The Ordinance will not have a fiscal impact.
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SUBJECT: Ordinance Regulating Bicycles and Regulated Mobility Devices DATE: March 30, 2023
ENVIRONMENTAL ASSESSMENT:
The Ordinance is not a project defined under the California Environmental Quality Act, and no further action is required.
Attachments:
1. Ordinance Proposed for Introduction
2. Existing Bicycle Ordinance
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Ordinance Amending Bicycle Ordinance April 4, 2023, Council Meeting
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING CHAPTER 5, “BICYCLES,” OF THE TOWN CODE WITH A NEW CHAPTER 5, “BICYCLES AND REGULATED MOBILITY DEVICES” AND AMENDING SECTION 23.30.010, “EXCEPTIONS FROM ARTICLE,” OF TITLE 23, “STREETS AND SIDEWALKS,” TO ADDRESS BICYCLE RACKS IN THE PUBLIC RIGHT OF WAY WHEREAS, the Town’s bicycle ordinance is codified in Chapter 5 of the Town Code; and WHEREAS, a number of the provisions such as the bicycle licensing requirement are outdated and should be removed; and
WHEREAS, the use of electric bicycles in Town has proliferated; and WHEREAS, California Vehicle Code Sections 21100 and 21206 authorize the Town to regulate the use of bicycles, electric bicycles, and other regulated mobility devices; and WHEREAS, the Town wishes to regulate the use of bicycles, electric bicycles and other regulated mobility devices; and
WHEREAS, Town Code Section 23.30.010 addresses encroachments in the public right of way; and
WHEREAS, the placement of bicycle and regulated mobility device racks should be removed from the portion of the Town Code addressing the use of bicycles and recodified in the portion of the Town Code addressing encroachments in the public right of way; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:
SECTION I. Town Code Chapter 5, “Bicycles,” is repealed and replaced to read as follows:
“Bicycles and Regulated Mobility Devices
Section 5.10.010 Definitions
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
ATTACHMENT 1
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Ordinance Amending Bicycle Ordinance April 4, 2023, Council Meeting “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Operator” means a person who owns, operates, and/or controls a regulated mobility device.
“Pedestrian path” means any publicly owned path for the exclusive use of pedestrians. “Regulated mobility device” means an electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, and any other similar vehicle.
“Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
Section 5.10.020 Applicability of State law; violations generally. (a) In addition to the restrictions imposed by this Chapter, every person riding or operating a bicycle or regulated mobility device within the Town shall exercise all due care and reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. All persons must comply with all State laws pertaining to the equipping of and operation of bicycles and regulated mobility devices, particularly those sections of the California Vehicle Code pertaining to obedience to traffic officers and firefighters, accidents and accident reports, and all rules of the road.
(b) It shall be unlawful for any person to ride or operate a bicycle or regulated mobility device in violation of any of the provisions of the California Vehicle Code or this Chapter.
Section 5.10.030 Riding on sidewalks and pedestrian paths prohibited. (a) No person shall ride or operate a bicycle or regulated mobility device on any sidewalk or pedestrian path, except as specifically permitted in this Chapter. (b) Juveniles under the age of ten years, exercising due care, may ride and operate their bicycles or regulated mobility devices upon a sidewalk, except that no bicycles or regulated mobility device shall be ridden or operated by any person upon any sidewalk within a business or commercial district unless specifically permitted in this Chapter.
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Ordinance Amending Bicycle Ordinance April 4, 2023, Council Meeting (c) Persons exercising due care and caution may ride and operate their bicycles or regulated mobility devices upon a sidewalk in the direction indicated when the sidewalk has been designated on an approved bicycle route plan as a “bicycle route” and has been properly signed and delineated as a bicycle route facility.
Section 5.10.040 Riding in groups.
Persons riding or operating bicycles or regulated mobility devices on a public highway or street shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles and regulated mobility devices; and persons riding upon a sidewalk as may be specifically permitted in this Chapter shall ride in single file only.
Section 5.10.050 Racing.
No person riding or operating a bicycle or regulated mobility device upon a public highway or street shall participate in any race, speed, or endurance contest unless such race or contest has the written permission of the Town Council or designee and is under the supervision of the Chief of Police.
Section 5.10.060 Trick riding.
No person riding or operating a bicycle or regulated mobility device upon a public highway, street, or sidewalk, as may be specifically permitted in this Chapter, shall perform, or attempt to perform, any acrobatics, trick or stunt.
Section 5.10.070 Riding in parks, playgrounds, or school grounds.
No person shall ride or operate a bicycle or regulated mobility device upon any playground, park, or school grounds without permission of the person having supervision thereof.
Section 5.10.080 Parking.
No person shall park any bicycle or regulated mobility device against windows or on the main traveled portion of the sidewalk, nor in such a manner as to constitute a hazard to pedestrians, traffic, or property. If there is no bicycle rack or other facility intended to be used for the parking of bicycles and regulated mobility devices in the vicinity, they may be parked on the sidewalk in an upright position, parallel to and within 24 inches of the curb.
Section 5.10.090 Penalties for violations and enforcement. (a) Penalties for violations.
(1) The penalty for a first violation of this Chapter is $50. (2) The penalty for a second violation of this Chapter is $75. (3) The penalty for a third violation of this Chapter is $100. (b) In lieu of a citation or other prosecution as authorized by this Code, the Police Chief or designee may allow a violator of this Chapter to complete a Police
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Ordinance Amending Bicycle Ordinance April 4, 2023, Council Meeting Department-approved safety course for bicycles or regulated mobility devices under the following circumstances:
(1) It is the violator’s first violation; and
(2) The violator is 14 years of age or younger.
Section 5.10.100 Exemptions.
(a) Public agency personnel. Notwithstanding any other provision of this Chapter, or any other Section of this Code, Town and public agency personnel ay operate regulated mobility devices or other vehicles at any place in the Town in the performance of their official duties.
(b) Disability. This Chapter does not apply to, or otherwise restrict, regulated mobility devices used in a safe manner by physically disabled persons as defined in the Americans with Disabilities Act.”
SECTION II. Subsection (b)(1) of Section 23.30.010, “Exceptions from article,” of Chapter 23, “Streets and Sidewalks,” is amended to read as follows:
“Lampposts, hydrants, or bicycle or regulated mobility device racks, erected by permission of the Town.”
SECTION III. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION IV. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION V. Publication.
The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
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Ordinance Amending Bicycle Ordinance April 4, 2023, Council Meeting SECTION VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the _________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
- CODE
Chapter 5 BICYCLES
Los Gatos, California, Code of Ordinances Created: 2023-02-28 14:36:37 [EST] (Supp. No. 90)
Chapter 5 BICYCLES1
ARTICLE I. IN GENERAL
Sec. 5.10.010. Definition.
For the purposes of this chapter, a bicycle is a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears and having one (1) or more wheels. (Code 1968, § 6-1)
Cross reference(s)—Definitions and rules of construction generally, § 1.10.015.
Sec. 5.10.015. Sale or transfer of bicycle to be reported to Police Department.
It shall be the duty of every person who sells or transfers ownership of any bicycle, to report such sale or transfer by returning the registration card or receipt issued to such person as licensee thereof to the Police Department, or to another location designated by the Chief of Police, together with the name and address of the person to whom such bicycle was sold or transferred, and such report shall be made within five (5) days of the date of such sale or transfer.
(Code 1968, § 6-2)
Sec. 5.10.020. Removal, destruction, alteration, etc., of license plates, registration cards and frame numbers prohibited.
It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter, or to remove, destroy, mutilate or alter any license plate, sticker, seal or registration card which has been issued pursuant to this chapter; provided, that nothing in this chapter shall prohibit a person designated by the Chief of Police from stamping numbers on the frames of bicycles on which no serial number can be found, or on which such number is illegible or insufficient for identification purposes.
(Code 1968, § 6-3)
Sec. 5.10.025. Approval of bicycle racks required.
Any merchant or person desiring to construct, erect or install a bicycle rack or racks in the public right-of-way shall first obtain the approval of the Town Engineer as to the type of rack and the place where such rack is intended for installation.
1Cross reference(s)—Amusements generally, Ch. 3; motor vehicles and traffic, Ch. 15; parks and recreation, Ch. 19; police, Ch. 21; streets and sidewalks, Ch. 23; vehicles for hire, Ch. 28.
ATTACHMENT 2
Created: 2023-02-28 14:36:36 [EST]
(Supp. No. 90)
(Code 1968, § 6-4)
Sec. 5.10.030. Disposition of fees.
All license fees and transfer fees collected under this chapter shall be paid into the Town Treasury. (Code 1968, § 6-5)
Sec. 5.10.035. Violations by minors under eighteen years of age.
Where this chapter has been violated by juveniles under the age of eighteen (18) years, in lieu of filing charges in the Juvenile Court, the Chief of Police may prohibit the operation upon the streets, alleys and public places in the Town for a period not to exceed thirty (30) days, of a bicycle so used in such violation. In such an event, such bicycle shall be impounded by the Chief of Police and retained by the Chief of Police during the period for which such operation is prohibited, and the owner's registration card shall also be held by the Chief of Police during this period.
(Code 1968, § 6-6)
ARTICLE II. LICENSES AND REGISTRATION2
Sec. 5.20.010. Required; exception.
(a) It shall be unlawful for any person to operate or use a bicycle in the Town which has not been registered and licensed as provided in this article, except as may be specifically exempted herein. (b) Any nonresident of the Town may operate a bicycle in the Town which is duly registered and licensed in another municipality or county.
(Code 1968, § 6-7)
Sec. 5.20.015. Application.
Each person required by this article to obtain a bicycle license shall make application upon forms provided by the Town. The application shall be filed in triplicate within the Police Department and shall contain such information as may be required by the Chief of Police.
(Code 1968, § 6-8)
Sec. 5.20.020. Fee.
For each bicycle license application made, the licensee shall pay to the Town a fee in the maximum amount at the time of application.
(Code 1968, § 6-9)
2Cross reference(s)—Licenses and miscellaneous business regulations, Ch. 14.
Created: 2023-02-28 14:36:37 [EST]
(Supp. No. 90)
Sec. 5.20.025. Examination of applicant; denial of license.
Any person making application for a bicycle license, registration card and license tag may be required to be examined by a person designated by the Chief of Police, in such form or manner as may be deemed suitable by the Chief of Police. Upon completion of such examination, the license may be refused if it appears either that the applicant does not have reasonable knowledge of the provisions of this chapter and the provisions of Vehicle Code sections 21201, 21202, 21203, 21204 and 21205, or that the applicant is unable to exercise reasonable control in operating a bicycle.
(Code 1968, § 6-10)
Sec. 5.20.030. Equipment required as prerequisite.
Every person applying for a bicycle license under this article shall demonstrate to a person designated by the Chief of Police that the bicycle to be licensed meets the following requirements, and as designated in Vehicle Code sections 21201 and 21201.5:
(1) Brakes. Every bicycle shall be equipped with a brake which will enable the operator to make one (1) braked wheel skid on dry, level, clean pavement.
(2) Handlebars. No person shall ride or operate any bicycle equipped with handlebars so raised that the operator's hands must be elevated above the level of the operator's shoulders in order to grasp the formal steering grip area.
(3) Height. No person shall operate upon any highway a bicycle which is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one (1) foot on the ground, and restarting it in a safe manner.
(4) Lights. Every bicycle operated upon any highway during darkness shall be equipped:
a. With a lamp emitting a white light which, while the bicycle is in motion, illuminates the highway in front of the bicyclist and is visible from a distance of three hundred (300) feet in front and from the sides of the bicycle;
b. With a red reflector on the rear which shall be visible from a distance of five hundred (500) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle; c. With a white or yellow reflector on each pedal visible from the front and rear of the bicycle from a distance of two hundred (200) feet; and
d. With a white or yellow reflector on each side forward of the center of the bicycle; and with a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles which are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors. Such reflectors and reflectorized tires shall be of a type meeting requirements established by the Department of the State Highway Patrol. (5) Lights in lieu of lights required by subsection (4)a. A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of three hundred (300) feet in front and from the sides of the bicycle, may be used in lieu of the lamp required by subsection (4)a. (6) Sirens. No bicycle shall be equipped with any siren or any device which emits a sound that is unreasonably loud or harsh.
(Code 1968, § 6-11)
Created: 2023-02-28 14:36:37 [EST]
(Supp. No. 90)
Sec. 5.20.035. Issuance; expiration.
Upon approval of the application and payment of the license fee, a person designated by the Chief of Police shall issue a bicycle license tag or plate or sticker, and a registration card, to the licensee, which shall be effective until such time as title or ownership of the bicycle is transferred or sold to another person. (Code 1968, § 6-12)
Sec. 5.20.040. Records to be kept.
The Police Department shall keep a record of the date of issuance, to whom issued and the number of every license issued.
(Code 1968, § 6-13)
Sec. 5.20.045. Transfer of ownership.
Every person who buys, or is given any bicycle previously registered and licensed, shall, within ten (10) days after such acquisition, make application for a new registration and license. Each bicycle license and registration shall be null and void when a licensee transfers ownership of the bicycle to any other person. (Code 1968, § 6-14)
Sec. 5.20.050. License plates and registration cards—Issuance; use, display, etc.
The size, form and character of license plates or tags, and the registration cards, shall be designated by the Chief of Police. The license plate shall be affixed to the bicycle in a manner designated by the Chief of Police, and shall remain attached until such time as ownership of the bicycle is transferred. The registration card shall be carried by the licensee.
(Code 1968, § 6-15)
Sec. 5.20.055. Same—Loss or theft.
(a) In the event of loss or theft of a license plate or tag, the licensee shall report such loss or theft to the Police Department within seven (7) days. Upon receipt of such a report, the Chief of Police shall cause the missing license to be cancelled and shall issue a new license plate or tag to the licensee, upon receipt of a fee in such maximum amount as specified by Vehicle Code sections 39001 and 39004. (b) In the event of loss or theft of a licensee's registration card, the licensee shall report such loss or theft to the Police Department within seven (7) days. Upon receipt of such a report, the Chief of Police shall authorize the issuance of a duplicate card, upon receipt of a fee in such maximum amount as specified by Vehicle Code sections 39001 and 39004.
(Code 1968, § 6-16)
ARTICLE III. RULES AND REGULATIONS FOR OPERATION
Created: 2023-02-28 14:36:37 [EST]
(Supp. No. 90)
Sec. 5.30.010. Applicability of State law; violations generally. (a) In addition to the restrictions imposed by this chapter, every person riding or operating a bicycle within the Town shall comply with all State laws pertaining to the equipping of and operation of bicycles, and particularly those sections of the Vehicle Code of the State pertaining to obedience to traffic officers and firefighters, accidents and accident reports and all rules of the road. (b) It shall be unlawful for any person to ride or operate a bicycle in violation of any of the provisions of the Vehicle Code of the State or of this chapter.
(Code 1968, § 6-17)
Sec. 5.30.015. Mechanical condition generally.
It shall be unlawful for any person to ride or operate a bicycle unless such bicycle is in safe mechanical operating condition, and is equipped as provided in this chapter. (Code 1968, § 6-18)
Sec. 5.30.020. Riding on sidewalks.
(a) No person shall ride or operate a bicycle on any sidewalk or pedestrian path, except as specifically permitted in this chapter.
(b) Juveniles under the age of ten (10) years, exercising due care, may ride and operate their bicycles upon a sidewalk, except that no bicycles shall be ridden or operated by any person upon any sidewalk within a business or commercial district unless specifically permitted in this chapter. (c) Persons exercising due care and caution may ride and operate their bicycles upon a sidewalk in the direction indicated, when the sidewalk has been designated on an approved bicycle route plan as a "bicycle route" and has been properly signed and delineated as a bicycle route facility. (Code 1968, § 6-19)
Sec. 5.30.025. Riding in groups.
Persons riding or operating bicycles on a public highway or street shall not ride more than two (2) abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles; and persons riding upon a sidewalk as may be specifically permitted in this chapter shall ride in single file only. (Code 1968, § 6-20)
Sec. 5.30.030. Operation on roadway.
(a) Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction. (2) When preparing for a left turn at an intersection or into a private road or driveway.
Created: 2023-02-28 14:36:37 [EST]
(Supp. No. 90)
(3) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to the provisions of Vehicle Code section 21656. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a roadway of a highway, which highway carries traffic in one (1) direction only and has two (2) or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable.
(Code 1968, § 6-21)
Sec. 5.30.035. Hitching rides on vehicles.
No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skate, sled, or toy vehicle shall attach the same or attach the person's body to any streetcar or vehicle on the roadway. (Code 1968, § 6-22)
Sec. 5.30.040. Riding on bicycles; separate seats.
(a) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto.
(b) No operator shall allow a person riding as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is a minor weighing forty (40) pounds or less, the seat shall have adequate provision for retaining the minor in place and for protecting the minor from the moving parts of the bicycle. (Code 1968, §§ 6-23, 6-24)
Sec. 5.30.045. Carrying of articles.
No person riding or operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one (1) hand upon the handlebars. (Code 1968, § 6-25)
Sec. 5.30.050. Racing of bicycles.
No person riding or operating a bicycle upon a public highway or street shall participate in any race, speed or endurance contest unless such race or contest has the written permission of the Town Council, and is under the supervision of the Chief of Police.
(Code 1968, § 6-26)
Sec. 5.30.055. Trick riding.
No person riding or operating a bicycle upon a public highway or street shall perform or attempt to perform any acrobatics, trick or stunt.
(Code 1968, § 6-27)
Created: 2023-02-28 14:36:37 [EST]
(Supp. No. 90)
Sec. 5.30.060. Riding on parks, playgrounds, etc.
No person shall ride or operate a bicycle upon any playground, park or school ground without permission of the person having supervision thereof.
(Code 1968, § 6-28)
Sec. 5.30.065. Parking of bicycles.
No person shall park any bicycle against windows or on the main travelled portion of the sidewalk, nor in such a manner as to constitute a hazard to pedestrians, traffic or property. If there is no bicycle rack or other facility intended to be used for the parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position, parallel to and within twenty-four (24) inches of the curb. (Code 1968, § 6-29)
Reviewed by: Town Manager and Chief of Police
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 4/4/2023
ITEM NO: 5
DESK ITEM
DATE: April 4, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way
REMARKS:
Attachment 3 contains public comment received between 11:01 a.m. Monday, April 3, 2023, and 11:00 a.m. Tuesday, April 4, 2023.
Attachments previously received with the Staff Report:
1. Ordinance Proposed for Introduction
2. Existing Bicycle Ordinance
Attachments received with this Desk Item:
3. Public Comments
ATTACHMENT 3
From: Bent Jensen
Sent: Tuesday, April 4, 2023 9:09 AM
To: Council <[email protected]>
Subject: Bicycle ordinance
[EXTERNAL SENDER]
Council members,
I think there is one important thing missing in the revised bicycle ordinance: it should be required to wear a helmet. Helmets should be required when riding any kind of bike, but e-bikes drive faster and makes it even more important to add that as requirement and a fine to those violating it. If it is already a requirement, i didn’t see it.
Thanks
Bent
Bent T. Jensen, Arts & Culture Comissioner
Los Gatos, CA 95032
Reviewed by: Town Manager, Town Attorney, Police Chief, 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: 04/04/2023
ITEM NO: 6
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
RECOMMENDATION:
Discussion and direction for use of the Council allocated $25,000 to support the unhoused residents of Los Gatos.
BACKGROUND:
For many years as part of the housing services offered in the Community Development Department, the Town contracts with West Valley Community Services to prevent Los Gatos residents from being evicted and becoming homeless. These services include utility bill, rent, and other financial assistance; access to food; financial training; and other offerings.
In 2021, the Town Council adopted Resolution 2021-023 to express support for the 2020-2025 Santa Clara Community Plan to End Homelessness (Attachment 1).
On January 24, 2023, the Town Council reaffirmed its Strategic Priorities and added a new one to support the unhoused residents of Los Gatos. On February 21, 2023, the Town Council allocated $25,000 of American Rescue Plan Act (ARPA) funding to support unhoused residents with details to be determined at a later date.
This agenda item provides an opportunity for the public and the Town Council to discuss the legal context, existing Town services, existing Los Gatos faith-based services, County services; explore opportunities to collaborate with the County, faith-based partners, and others; and determine the potential allocation of the $25,000 for specific projects, services, or other outcomes.
PAGE 2 OF 6
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: March 30, 2023
DISCUSSION:
Legal Context
Recent court cases have held that it is not illegal to sit or sleep in public places such as sidewalks and park benches when no sleeping space is practically available in any shelter. If an unhoused resident is on private property that has been clearly marked “no trespassing,” then the individual will be asked to leave. After several warnings, the Police may cite the individual for trespassing. This is not a crime that would result in a jail confinement.
Specifically, in 2018 the court ruled in Boise v. Martin that prohibitions against sleeping outside on public property violated the U.S. Constitution and constituted “cruel and unusual punishment” if no shelter beds are available. In response to the Boise decision, a number of Southern California cities have enacted ordinances that prohibit the use of “camp facilities” in public places. “Camp facilities” are defined to included temporary physical structures, tents, cots, and beds. Sleeping bags, blankets, bedrolls, and pillows are not prohibited. Enforcement of the ordinances involve the removal of the camp facilities, but not the unhoused persons.
The ordinances authorize the jurisdictions to designate specific public places where camp facilities are permitted.
From time to time, the Town receives requests to remove recreational vehicles that have been parked in the same location for over 72 hours. Town staff talks to the occupants and explains the 72-hour limit prior to any removal effort. The average cost to the Town to tow a recreational vehicle is more than $2,000 per tow, and few companies are available for such tows. Additionally, the District Attorney’s Office has sought alternative options to prosecuting quality of life and other low-level offenses and pursues restorative justice programs, including diversion and other services.
Police Staff Collateral Duty for Vulnerable Populations The role of the Los Gatos-Monte Sereno Police Department (LGMSPD) is to provide for the safety of the community with equal, ethical, and legal treatment of all populations. Many of the vulnerable populations served by the LGMSPD, including unhoused individuals, are reliant on law enforcement for access to additional services. Building positive and supportive relationships with the unhoused community is invaluable because Officers learn stresses and triggers, mental health concerns, and needs of support for each individual. Officers are familiar with the resources available locally, including County programs. Relationships built between LGMSPD staff and members of the unhoused community allow for the Officers to take part in advocating for needs of some of the unhoused individuals. Examples of these efforts include coordinating COVID vaccines, researching transportation, lodging, and coordinated outreach to County resources.
PAGE 3 OF 6
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: March 30, 2023
DISCUSSION (continued):
The LGMSPD has dedicated at least 20 hours monthly to being a liaison to the unhoused community and services. At least once a week, a Sergeant or Officer checks on the unhoused residents, offering transportation and access to local or regional services. During the severe storms of 2023, Officers checked on the unhoused to ensure safety. This work is absorbed into the LGMSPD’s annual budget.
Officers estimate about 10 to 20 chronically homeless people in Los Gatos and while that number has remained similar for many years, the number of those receiving services has reduced over time.
It is important to note that Los Gatos also has experienced transient increases in its unhoused population as Los Gatos is in the Santa Cruz to San Jose corridor, Valley Transportation Authority (VTA) buses connect Los Gatos to regional hospitals and other facilities, and other factors.
Collaborative partnerships with faith-based service providers have facilitated the support of the unhoused community. Officers are frequently present at St. Luke’s Pantry Program on Tuesdays and are in frequent contact with St. Vincent De Paul and the Methodist Church regarding the various regular services they provide to the unhoused community as discussed in more detail below.
The partnerships with the faith-based organizations allows communications between those entities on the status or concerns of members of the unhoused population. In some cases, the faith-based organizations ask for assistance with threats, thefts, and vandalisms of their buildings related to members from the unhoused community, which sometimes results in stay away orders requested by local businesses and organizations.
The LGMSPD has strong relationships with the unhoused community, and members know that if they need assistance, the LGMSPD stands ready to maintain their safety, support their rights, and enforce criminal matters if necessary. Mental health and substance abuse concerns periodically arise. Various County resources can be provided from the Emergency or Volunteer Psychiatric Services at Valley Medical Center to other options through Behavioral Health Services. Both Alcoholic Anonymous and Narcotics Anonymous meetings are available at locations in the Town. Possession of controlled substances, petty theft, quality of life concerns, and minor vandalism or trespassing in most cases are misdemeanor offenses and result in a citation to the individual, not booking at the County jail.
PAGE 4 OF 6
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: March 30, 2023
DISCUSSION (continued):
An important component of assisting unhoused populations is access to healthcare, programs, and social services. On many occasions, Officers have paid for bus passes or contributed funds to other transportation options for the unhoused. While researching voucher options, Officers found that VTA does not have a voucher option and that day passes can only be purchased on the day of travel; therefore, flexible scheduling for the unhoused remains challenging. VTA is currently the best option to transport at risk populations to and from the Town of Los Gatos to the social services in San Jose and throughout the County.
Local Faith-Based Services
Los Gatos is fortunate to have wonderful faith-based organizations that have raised funds to support the unhoused residents of the Town. Specifically, St. Luke’s provides meals once a week and grocery bags of food to the unhoused residents. United Methodist provides weekly showers. St. Vincent de Paul provides laundry vouchers so the unhoused residents can wash their clothes at a local laundromat. St. Vincent de Paul has also worked with local hotels to offer hotel vouchers to provide shelter during the recent extreme wet and cold weather.
Representatives will be at the Council meeting to address specific questions and engage in a dialogue with the Council.
Our local service providers have held a focus group discussion with the Los Gatos unhoused residents and learned of their priorities:
1. Availability of restrooms 24/7;
2. Weather emergency center/shelter; and
3. Twice a week showers.
The Los Gatos faith community has given careful thought to the needs of the Los Gatos unhoused residents. They recognize that additional resources to the existing local programs would benefit the unhoused residents. They have also expressed interested in a part-time, dedicated case manager to ensure an unhoused individual is properly situated with their specific service needs met. The faith community is also looking at longer term options, such as an emergency cold/inclement/hot weather shelter. There are no shelter beds, temporary or otherwise, in Los Gatos. To pursue this aspiration will require a partnership between many entities for it to be realized.
Originally, the local faith-based organizations were intending to submit their own proposal for this agenda item. At this time, they have indicated their support for Council Member Moore’s proposal which is contained in Attachment 3. Attachment 4 contains public comments, including the communication from the faith-based organizations.
PAGE 5 OF 6
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: March 30, 2023
DISCUSSION (continued):
Potential Collaborations with Neighboring Cities
As jurisdictions are putting together their respective Housing Elements, Los Gatos has participated in conversations with nearby cities about potentially partnering on a jointly funded Coordinator position to connect unhoused residents with available services. Cupertino, Saratoga, and Campbell are the cities most interested in pursuing a shared resource. The Coordinator would be a step down from a case manager.
County Services
The County Office of Supportive Housing is the lead agency for providing services to unhoused residents. During the winter of 2022/23, it partnered with HomeFirst to operate three emergency shelters for unhoused residents (one in Mountain View, and two in San Jose). Case management is part of the services provided at these locations.
The County Office of Supportive Housing promotes the locations of warming centers during cold weather incidents, including the Los Gatos Public Library which is open from 10 a.m. to 6 p.m. daily. Our Library also serves as a cooling center during the hot days or when the air quality is poor.
Measure A tax dollars for all jurisdictions in the County are administered by this Office, with Board of Supervisors approval, for the production of a range of housing types to meet the wide range of housing needs in Santa Clara County.
In a recent conversation with Supervisor Simitian, he expressed interest in partnering with the Town by bringing County services to Los Gatos provided that the Town had a specific location for the delivery of these services.
CONCLUSION:
This report provides an initial overview of existing resources and needs. Depending on Council direction, additional research, conversations with other potential partners, and other options could be explored.
After its discussion, the Council may want to consider the priorities for the $25,000 allocated to support unhoused residents. The Council may:
Augment funding to existing programs offered by Los Gatos faith-based organizations (i.e., food distribution, showers, laundry vouchers, and/or hotel vouchers);
PAGE 6 OF 6
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: March 30, 2023
CONCLUSION (continued):
Address priorities identified by the unhoused residents in a recent focus group (restrooms, emergency shelter, and/or showers);
Consider Council Member Moore’s proposal;
Identify other priorities; and/or
Add these dollars to the annual community grant program with a specific request for applications for unhoused resident support.
COORDINATION:
The preparation of this report was coordinated with the Police, Finance, and Community Development Departments, the Town Attorney’s Office, Los Gatos faith-based organizations, and the County of Santa Clara.
FISCAL IMPACT:
The Council has already directed $25,000 of ARPA funds to support unhoused Los Gatos residents. If the Council is interested in allocating additional ARPA funds to the effort, Attachment 5 contains a summary of the allocations to date.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PUBLIC COMMENTS:
Attachment 4 contains public comments, including from local high school students.
Attachments:
1. Resolution 2021-023
2. 2020-2025 Santa Clara Community Plan to End Homelessness
3. Council Member Moore’s Proposal
4. Public Comments
5. ARPA Summary
ATTACHMENT 1
2020–2025
COMMUNITY PLAN
TO END HOMELESSNESS
SANTA CLARA COUNTY
ATTACHMENT 2
Acknowledgements
The Community Plan Steering Committee would like to thank the many community stakeholders, people with lived experience of homelessness, and organizations for their participation in the process to update the plan and their valuable input.
For a full list of organizations that participated in the process, see page 14.
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 1 Table of Contents
Introduction
Our Homelessness Crisis
Ending Homelessness in Santa Clara County
The Strategies
Strategy 1: Address the Root Causes of
Homelessness Through System and Policy Change
Strategy 2: Expand Homelessness Prevention and
Housing Programs to Meet the Need
Strategy 3: Improve Quality of Life for Unsheltered
Individuals and Create Healthy Neighborhoods for All
Thank you!
2 4
6 10
11 13
14 16
2 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Helped 8,884 households
resolve their homelessness, representing
14,132 people
Doubled the number of supportive
housing units in Santa Clara County
Doubled our temporary housing
and emergency shelter capacity
Launched a new
homelessness
prevention system
that now serves
about 1,000
households
annually
Led a community-wide
campaign that has successfully
housed more than
1,600 veterans
and engaged nearly
800 private landlords
in the effort
Voters approved $950 million to develop
affordable housing through the 2016 Measure A
Affordable Housing Bond and raised another
$100 million in private contributions to support
the implementation of the community plan
Supportive Housing System Progress 2015-2019
Thanks to the collective efforts of partners throughout the community, over the past five years, we have done the following:
In 2015, the community came together to create a roadmap for ending homelessness in Santa Clara County. This plan— which was centered around a collective impact response and the proven Housing First model—set an ambitious goal to create 6,000 new housing opportunities and identified innovative strategies and programs for reducing homelessness.
Introduction
Introduction
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 3 Introduction
Despite our progress creating a supportive housing system that assists thousands of homeless individuals and families each year, the crisis continues to grow. The systemic factors driving homelessness in our community— from the failed policies at the local, state, and national level to the extreme lack of housing options that are affordable for low-income residents—remain stronger than ever and are pushing more of our neighbors onto the streets every day.
These challenges have been compounded by the novel coronavirus (COVID-19) pandemic that arrived in our community as this plan was in development, making implementation of many of these strategies even more urgent. This public health crisis has ground our local economy to a halt, leaving many more households on the brink of homelessness due to job loss, lack of childcare, and economic uncertainty. The pandemic has also required a massive and immediate response by our crisis response system to quickly ramp up shelter capacity, increase access to hygiene services for people living outside, and protect those people experiencing homelessness who are particularly vulnerable. As a result, as this plan goes into effect, we anticipate there will be many more people experiencing or at risk of homelessness who will need immediate support, which will require our community to continue to be flexible and innovative in our responses to homelessness.
To truly end homelessness in Santa Clara County, we must summon the collective will and resources to not only respond to the current crisis and scale our successful housing strategies, but also address and eliminate the root causes of homelessness in our community.
Community Plan Steering Committee Members
Ky Le, Co-Chair
Jennifer Loving, Co-Chair
Jan Bernstein Chargin
Louis Chicoine
Erin Connor
Katherine Harasz
Miguel Marquez
Jacky Morales-Ferrand
Joel John Roberts
Claudine Sipili
Leland Wilcox
1 Applied Survey Research, “Santa Clara County Homeless Census & Survey Comprehensive Report 2019.” 2019. https://www.sccgov.org/sites/osh/ContinuumofCare/ReportsandPublications/Pages/HomelessnessCensusandSurvey.aspx 2 Public Policy Institute of California, “Income Inequality in California.” 2020. https://www.ppic.org/publication/income-inequality-in-california/ 3 Bay Area Equity Atlas, “Earned income growth for full-time wage and salary workers: Santa Clara County, CA, 2000–2015.” https://bayareaequityatlas.org/indicators/income-growth#/?geo=04000000000006085 4 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Our Homelessness Crisis
According to the 2019 Point-in-Time count, there are 9,706 individuals experiencing homelessness on any given night in Santa Clara County.1 Families with children, seniors, individuals with disabilities, veterans, youth and young adults are all represented in the county’s diverse homeless population. More than 80% of these individuals are unsheltered—sleeping outside, in cars, or other places not meant for human habitation. We expect that these numbers will increase over the coming months as the full impact of the COVID-19 pandemic is felt.
The gap between the rich and the poor in our community, combined with the lack of housing development particularly at the lowest income levels, is fueling the homelessness crisis. According to the Public Policy Institute of California, families at the highest income levels in the Bay Area (the 90th percentile) have more than 12 times the income of families at the bottom (the 10th percentile).2 Those at the bottom rung of the economic ladder have also not shared in the region’s significant economic growth. Between 2000 and 2015 in Santa Clara County, workers with earnings in the 10th percentile saw their income decline by 12%.3 This income inequality has been further exacerbated by the economic slowdown caused by the COVID-19 pandemic as many low-income households living paycheck-to-paycheck struggle to make rent and pay for other basic needs.
Our Homelessness Crisis
-20%
-10%
0%
10%
20%
-12% -10%
2%
10% 12%
10th
percentile
0 to Extremely Low-Income Threshold
0 to 50% of AMI
0 to 80% of AMI
0 to 100% of AMI
20th
percentile
50th
percentile 80th
percentile
90th
percentile
Earned income growth for full-time wage and salary workers Santa Clara County, CA: 2000-2015
Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018
0 20 40 60 80 100
34 80
46 94
4 National Low-Income Housing Coalition, “The Gap: A Shortage of Affordable Homes.” 2020. https://reports.nlihc.org/sites/default/files/gap/Gap-Report_2020.pdf Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 5 Our Homelessness Crisis
In addition, longstanding and structural racial inequities continue to affect who becomes homeless in our community. A recent report commissioned by Destination: Home found that people of color are dramatically more likely than their white counterparts to become homeless in Santa Clara County, and that poverty alone cannot explain disparities in homelessness. For example:
While the brunt of this crisis is borne by our unhoused neighbors, we know its impacts are felt much more broadly. Our neighborhoods, first responders, businesses, and environment are also suffering the consequences of our region’s severe homelessness crisis.
Even worse, the problem continues to grow as more people are slipping into homelessness than ever before—the result of growing income inequality, gentrification and displacement, rising housing costs, an extreme housing shortage, and a lack of sufficient safety net services to adequately care for the most vulnerable in our community. In fact, for every homeless family or individual we connect to housing, between two and three more are experiencing homelessness for the very first time.
If this trend continues, in addition to the nearly 10,000 individuals currently experiencing homelessness, another 20,000 are at-risk of falling into homelessness over the next five years—far more than our supportive housing system currently has the capacity to serve. -20%
10th
percentile
0 to Extremely Low-Income Threshold
0 to 50% of AMI
0 to 80% of AMI
0 to 100% of AMI
20th
percentile
50th
percentile 80th
percentile
90th
percentile
Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018
0 20 40 60 80 100
34 80
46 94
Black/African Americans
0%
5%
10%
15%
20% 16.9%
2.5%
Homeless
Population
General
Population
Black/African Americans
American Indian/Alaskan Natives American Indian/ Native Alaskans <1%
Homeless
Population
General
Population
0%
1%
2%
3%
4%
5%
6%
7%
8% 7.4%
Hispanic/Latinx
Hispanic/Latinx
0%
10%
20%
30%
40%
50%
Homeless
Population
General
Population
43.7%
27%
-20%
10%
-12% -10%
10th
percentile
0 to Extremely Low-Income Threshold
0 to 50% of AMI
0 to 80% of AMI
0 to 100% of AMI
20th
percentile
50th
percentile 80th
percentile
90th
percentile
Affordable & Available Rental Homes “Per 100 Renter Households” San Jose Metropolitan Area: 2018
0 20 40 60 80 100
34 80
46 94
Black/African Americans
0%
5%
10%
15%
20% 16.9%
2.5%
Homeless
Population
General
Population
Black/African Americans
American Indian/Alaskan Natives American Indian/ Native Alaskans <1%
Homeless
Population
General
Population
0%
1%
2%
3%
4%
5%
6%
7%
8% 7.4%
Hispanic/Latinx
Hispanic/Latinx
0%
10%
20%
30%
40%
50%
Homeless
Population
General
Population
43.7%
27%
Compounding the impacts of this inequality is the fact that housing costs are higher than ever and housing that is affordable to the lowest-income families is not being produced. In fact, the National Low-Income Housing Coalition’s most recent report, The Gap: A Shortage of Affordable Homes, found that in 2018 there were only 34 affordable and available units for every 100 extremely low-income renter households in the San Jose metro area.4
6 | Ending Homelessness
Ending Homelessness in Santa Clara County
Photo of Villas on the Park. Courtesy of Dahlin Group Architecture Planning and Mark Davidson Photography Page 68 Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 7 Solving this crisis is one of the great moral challenges facing us. It will require tremendous effort, new partnerships, and even bolder strategies—and it will require the entire community to be a part of the solution.
We must take immediate actions that can improve the quality of life for the huge number of unsheltered residents in our community. We must increase shelter capacity and increase interim housing options, and we must expand services to meet their basic health and safety needs.
We need to significantly scale our housing development and programs to meet the growing need in our community. This includes building many thousands more supportive housing units, expanding our homelessness prevention strategies, and enhancing the way our supportive housing system serves those in need.
Most importantly, we will never end homelessness in our community if we do not attack the systemic root causes that continually push more of our neighbors into homelessness.
As a result, we must address inequitable land use and housing policy to allow every jurisdiction to achieve their Regional Housing Needs Allocation goals for very low and extremely low-income housing production. We must ensure every resident who is able to work can access living wage employment and we must reverse decades-long structural inequities that have driven people of color and other vulnerable residents onto the streets.
None of this will be easy or cheap. In fact, just meeting the affordable housing needs of our community would require several billion dollars. But we cannot accept a future in which thousands of our neighbors are forced to live outside. Every member of our community deserves a safe and stable home—and it is our collective responsibility to make this vision a reality.
Ending Homelessness
in Santa Clara County
As we implement the strategies in this plan, we will raise the voices of people with lived experience and share power with our unhoused and recently-housed neighbors. We will focus on policies and programs that reduce racial inequity, in an effort to reverse the disproportionately high rates of people of color who are unhoused.
Ending Homelessness in Santa Clara County
8 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Our Plan
The 2020–2025 Community Plan to End Homelessness will serve as our roadmap for ending homelessness in Santa Clara County and is organized around three main strategies:
Our Plan
The strategies included in this plan are grounded in evidence-based practices, lessons learned over the past five years, and robust conversation and input from more than 8,000 members of our community; including people with lived experience of homelessness, subject matter experts, key stakeholders, and community members.
In addition, this plan sets aggressive targets designed to reverse the current growth in homelessness we are experiencing and bring us one step closer to our collective goal of eliminating homelessness in our community.
Address the root causes
of homelessness
through system and
policy change
Expand homelessness
prevention and housing
programs to meet the
need
Improve quality of life
for unsheltered
individuals and
create healthy
neighborhoods for all
STRATEGY 1 STRATEGY 2 STRATEGY 3
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 9 Our Plan
Our Targets
*The reduction in annual inflow target was based on annual inflow prior to the COVID-19 pandemic.
This target will be reevaluated once the longer term impacts of COVID-19 are known.
By 2025, we will:
Achieve a 30% reduction in annual
inflow of people becoming homeless*
Expand the Homelessness Prevention System
and other early interventions to serve
2,500 people per year
House 20,000 people through
the supportive housing system
Double temporary housing and shelter capacity to
reduce the number of people sleeping outside
Address the racial inequities present among
unhoused people and families and track progress toward
reducing disparities
10 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Reaching these ambitious goals will require a
collaborative community response based on proven,
evidence-based strategies to end homelessness as well
as innovative approaches that maximize the resources
available.
The strategies are organized under three areas of focus that make up the basic framework for the plan.
The Strategies
The Strategies
To end homelessness in our community, we must address its root causes. This plan sets a five-year goal of reducing new unhoused individuals and families in a given year by 30%. The strategies below are targeted to address the entrenched economic and societal causes of homelessness through transformational systemic and policy change. The system we live in has created social, economic, and racial disparities and it will take monumental shifts in policies and priorities to make effective change. While eliminating these disparities across our community will take more than the five years covered by this plan, we can make substantial progress towards this important goal by implementing the strategies below.
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 11 The Strategies
STRATEGY 1
Address the Root Causes of Homelessness
Through System and Policy Change
Ensure that people accessing safety net services have
the support they need to obtain and maintain housing.
Ensure that people involved in the criminal
justice system do not become homeless.
1 2
Adopt housing screening and
referral processes for individuals
and families accessing safety
net services.
Support households with
incarcerated family members to
prevent homelessness.
Expand housing resources available to
Medi-Cal recipients accessing services in
the Specialty Mental Health System.
Expand housing
programs for families
involved in the child
welfare system.
Expand existing and develop new housing and workforce development programs to successfully reintegrate people leaving probation, parole, jails, and prisons into the community.
Advocate for the state and the federal
government to increase funding and
access to safety net services.
Expand and diversify housing
programs for foster youth to meet
their long-term housing needs, so no
foster youth become homeless.
A
A
D
B
B
E
C
12 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Create the conditions to develop enough affordable
housing to meet the need in our community.
Protect residents from evictions, displacement,
and housing discrimination.
Ensure all residents who are able to work
have access to living wage employment.
Expand public and private sector support
for ending and preventing homelessness.
3 4
5 6
Work with cities to change local
land use and housing policy to allow
for development of more affordable
housing and help reverse housing
disparities that have negatively
impacted people of color.
Adopt and
implement
new fair
housing plans
for the region.
Support efforts
to increase the
minimum wage
to a living wage in
Santa Clara County.
Increase community
engagement and
support for affordable
and supportive housing
development throughout
the county.
Advocate for
flexible funding
that can speed
up and create
more affordable
housing.
Identify
underutilized land
across the county to
be used for dense
affordable housing
development.
Strengthen local rent
control and tenant
protections.
Partner with corporations
to create living wage job
opportunities for people
who are unhoused or at
risk of homelessness.
Provide leadership
opportunities for people
with lived experience of
homelessness to shape how
we address homelessness in
our community.
Prioritize development
of housing for extremely
low-income individuals
and families making 30%
of Area Median Income or
less and set joint targets.
Provide legal assistance to ensure that
individuals and families most severely
impacted by the lack of affordable
housing, namely people of color, have
equal access to housing.
Provide training, internships,
and mentorships to help
people who are unhoused or at
risk of homelessness to obtain
access to living wage jobs.
Create a county-wide education campaign that increases
awareness of the causes and impacts of homelessness and ongoing efforts to end homelessness.
Create a fund to
preserve both
naturally affordable
and income-restricted
affordable housing.
Invest in social
enterprises that train
and employ people who
are unhoused or at risk
of homelessness.
A
A
A
A
B D
B
B
B
C
C
C
C
D
D
STRATEGY 1 Address the Root Causes of Homelessness Through System and Policy Change (Continued)
The Strategies
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 13 While Strategy 1 aims to close the gaps in our social safety net and address the other systemic causes of homelessness, we know that there will be some people over the next five years who will still become unhoused due to a severe shortage of affordable and accessible housing. To end homelessness, we will need to continue to build capacity to provide a broad array of housing and services over the next five years.
The Strategies
STRATEGY 2
Expand Homelessness Prevention and
Housing Programs to Meet the Need
Increase the capacity of supportive housing 1 programs for people experiencing homelessness.
Expand the supportive housing system to provide housing and services to help 20,000 unhoused people secure stable, permanent housing. Expansion would target the following:
• 7,000 people housed in Permanent Supportive Housing
programs that provide long-term support.
• 10,000 people housed through Rapid Rehousing
programs that provide short- and medium-term support.
• 3,000 people housed through Housing Problem Solving
and other short-term or one-time assistance.
Develop programs tailored to the
needs of specific populations of people
experiencing homelessness, including:
• Youth and young adults
• Older adults (55+) and seniors
• Families with children
• Adults (ages 25 to 54) without children
A B
Provide a broad range of supports 2 to prevent homelessness.
Expand the Homelessness Prevention System to prevent
homelessness for an additional 7,000 households who are at risk by providing targeted financial assistance and supportive services.
Provide targeted financial resources to prevent
homelessness and eviction for severely rentburdened residents living in existing affordable units.
A B
Create a state-of-the-art 3 supportive housing system.
Center the voices of people
who have lived experience
of homelessness, especially
people of color, in the
policy and program design
decisions of the supportive
housing system.
Increase access
to supportive
housing programs
for people of color
by addressing
racial bias in our
system.
Invest in professional
development and
competitive pay to
attract and retain
a highly qualified
workforce of homeless
service provider staff.
Incentivize hiring of
people who have
lived experience of
homelessness to reflect
the client population—
especially people of color
and LGBTQI+ persons.
A B C D
14 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 The first two strategies of the plan seek to end and prevent homelessness for as many people as possible over the next five years. However, the reality is that many people will remain unhoused due to an extreme housing crisis and increasing income inequality. To address this immediate crisis in our community and ensure healthy neighborhoods for all, we must begin by doubling our temporary housing and shelter capacity to serve 2,000 additional households each night and increase investment in health, safety and other basic services to better meet the needs of people living in unsheltered conditions and build connections to housing programs and safety net services offered throughout the county.
STRATEGY 3
Improve Quality of Life for Unsheltered Individuals
and Create Healthy Neighborhoods for All
Double the number of year-round temporary housing beds and offer a 1 variety of welcoming temporary housing options throughout the county.
Build new partnerships to host emergency
shelter, safe places to park and access services,
and sanctioned encampments that are not swept
and include hygiene and supportive services.
Ensure that all families with children under 18
years old who are unhoused have access to
emergency shelter or temporary housing.
Provide opportunities
for people who have
lived experience of
homelessness to provide
peer-to-peer support.
Reduce barriers to shelter such as allowing
for pets, storage of personal items,
greater privacy, longer stays, and provide
higher levels of safety for residents.
Provide more public services in
neighborhoods hosting emergency
shelter or temporary housing programs.
Expand hours at
new and existing
shelters to remain
open during the day.
Increase the number of
street outreach staff and
case managers working
in encampments.
A
D
D
B
E
C
C
Increase street outreach, hygiene services, and transportation 2 options to match the needs of unsheltered residents.
Increase access to basic
hygiene resources,
including bathrooms,
showers, and laundry
Increase the number of free
public transit passes and
other transportation options
for people who are unhoused
to access services.
A B
Increase mental health and 3 substance use services.
Increase the number of mobile
crisis teams with clinical staff,
and expand their hours, to
support individuals experiencing
severe mental health and
substance use crises.
Develop a plan to
eliminate service access
and treatment gaps
for unsheltered people
struggling with chronic
and severe mental illness.
Increase the number
of beds available for
substance use treatment
and provide the follow-up
supportive services needed
to prevent relapses.
Increase access to
mental health treatment for people
who are unhoused
and struggling with
mental illness.
A B C D
The Strategies
• Share data across safety net, criminal justice, and housing systems to better predict and target households who are experiencing homelessness or at risk of homelessness.
• Better utilize data collected in the homeless system of care and across County departments to know what is working
well, what programs need improvement, and to identify
inequities in the system.
• Provide demographic data, including race and ethnicity, in all reports on homelessness to highlight and address inequities.
• Create accessible dashboards that show our progress and hold our systems accountable.
• Provide trauma-informed care and racial equity/anti-racism training to all staff working with people experiencing
homelessness.
• Increase access to services, including providing system navigation resources and training to all staff working with people experiencing homelessness.
• Align racial equity work in the homelessness sector with other racial equity initiatives in Santa Clara County.
• Expand partnerships with corporations, philanthropic
institutions, and individual donors to secure private funding to reduce and prevent homelessness.
• Align and coordinate with other community efforts to
address homelessness, such as the Homelessness Task
Force.
Process Improvements Across Strategies 1, 2, and 3
Throughout our work, we must continue to expand coordination between systems, increase the use of data to improve programs, and increase training opportunities for all partners, including:
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 15 The Strategies
STRATEGY 3 Improve Quality of Life for Unsheltered Individuals and Create Healthy Neighborhoods for All (Continued)
Engage a cross-section of community partners
to address the needs of unsheltered residents.
Ensure that community spaces are safe and
welcoming for housed and unhoused residents.
4 5
Increase outreach to
city and County staff
and business and
neighborhood associations
about available resources
to assist people who are
unhoused.
Partner with new private sector, community-based,
and faith-based organizations to create safe and
welcoming community spaces in every community for
unhoused people to access services during the day.
Engage the private
sector to contribute
funding to support
health and safety
services and shelter
for people who are
unhoused.
Work with community organizations, cities, County agencies, and neighborhood associations to ensure that public spaces such as parks, libraries, and community centers remain clean, well-maintained, and welcoming to all.
Increase coordination
between agencies
engaging people living
in encampments to
ensure consistent and
humane approaches to
encampment resolution.
Create a referral system
where unhoused
residents can access
information and services,
such as available
temporary housing and
homeless services.
A
A
B
B
C D
16 | Santa Clara County Community Plan to End Homelessnes: 2020–2025 Thank You!
The Community Plan Steering Committee would like to thank the following agencies and staff who participated in the Community Plan Work Group to gather community input and update the community plan:
The Steering Committee and Work Group would like to thank the many people who are currently or formerly unhoused who shared their input and experiences to inform the community plan, including the following:
The Steering Committee and Work Group would like to thank the following community stakeholders, agencies, and organizations for participating in the process:
• County of Santa Clara: Jackie MacLean, Hilary
Barroga, Kathryn Kaminski, Hilary Armstrong
• City of San José: Sarah Zárate, Ragan Henninger
• Destination: Home: Ray Bramson, David Low
• City of Morgan Hill: Rebecca Garcia
• City of Mountain View: Wayne Chen
• LifeMoves: Bruce Ives
• Sacred Heart Community Service: Erin Stanton
• Community Solutions: Erin O’Brien
• Lived Experience Advisory Board
• Sacred Heart’s Survivors of the Streets
• HomeFirst Sunnyvale Shelter’s Client Collaborative
• Clients/residents from Hope’s Corner, Bill Wilson
Center, New Haven Inn, and Second Street Studios
• Abode Services
• Alta Vista High School
• Amigos de Guadalupe
• Anthem Blue Cross
• Bill Wilson Center
• Bitfocus
• Catholic Charities of Santa Clara County
• Charities Housing
• Cisco
• Cities Association of Santa Clara County
• City Team
• City of Cupertino
• City of Morgan Hill
• City of Mountain View
• City of Palo Alto
• City of San José
• City of Milpitas
• City of Santa Clara
• Community Services Agency
• Community Solutions
• County of Santa Clara:
o Behavioral Health Services
o Office of the District Attorney
o Probation Department
o Public Defender Office
o Public Health Department
o Reentry Services
o Santa Clara Valley Medical Center
o Social Services Agency
o Office of Supportive Housing
o Office of Equity and Social Justice
o Offices of Supervisors Cindy Chavez, Dave
Cortese, Susan Ellenberg, Joe Simitian, and
Mike Wasserman
o Valley Homeless Healthcare Program
• David and Lucile Packard Foundation
• Destination: Home
• Dependency Advocacy Center
Thank You!
Santa Clara County Community Plan to End Homelessnes: 2020–2025 | 17 • Downtown Business Association
• Downtown Streets Team
• EAH Housing
• East Side Union High School District
• Family Supportive Housing
• First Community Housing
• Gilroy Compassion Center
• HomeFirst
• Housing Trust Silicon Valley
• Humane Society of Silicon Valley
• Hunger at Home
• Kaiser Permanente
• Kids in Common
• Law Foundation of Silicon Valley
• LifeMoves
• LinkedIn
• Los Altos Community Foundation
• Mental Health Systems
• Next Door Solutions
• On Lok
• PATH
• Razing the Bar
• Resources for Community Development
• Santa Clara County City Managers Association
• Santa Clara County Housing Authority
• Santa Clara County Office of Education
• Santa Clara County Domestic Violence Advocacy
Consortium
• Santa Clara Family Health Plan
• Sacred Heart Community Service
• Salvation Army
• Silicon Valley Community Foundation
• Silicon Valley Council of Nonprofits
• Silicon Valley at Home
• Silicon Valley Independent Living Center
• Silicon Valley Organization
• South Bay Coalition to End Human Trafficking
• Spectrum Equity
• St. Joseph Family Center
• Sunnyvale Community Services
• The Health Trust
• United Way Bay Area
• U.S. Department of Veterans Affairs
• West Valley Community Services
• YWCA of Silicon Valley
Thank You!
Memorandum
To: Mayor Ristow, Vice Mayor Badame, Councilmember Hudes, and Councilmember Rennie CC: Town Manager, Town Attorney, Town Clerk
From: Councilmember Rob Moore
Subject: Homelessness Agenda Item for April 4th Town Council Meeting Date: 3/30/2023
Background
I am deeply grateful to the members of our faith community who have long been serving our neighbors experiencing homelessness. Members of Saint Luke’s, the Los Gatos United Methodist Church, Saint Mary’s and other faith groups have been become experts in meeting the needs of our most vulnerable residents in Los Gatos.
In recent years, members of these congregations have become increasingly interested in further addressing the lack of resources for our unhoused neighbors, as have many community members.
Leaders of these faith groups took on the task of figuring out how to meet these urgent needs with limited resources. Through their research and discussions of how they could support people in Los Gatos experiencing homelessness, it became evident that additional investments would be necessary to provide additional resources.
While I am incredibly appreciative of the time and energy community leaders of Saint Luke’s, the Los Gatos United Methodist Church, and Saint Mary’s have put into their proposal, it is clear the budget of $25,000 they were basing their recommendations on is not sufficient.
Proposal
The Los Gatos Town Council should allocate an additional $75,000 of ARPA dollars on top of the already allocated $25,000, for a total of $100,000, to support those experiencing homelessness in Los Gatos.
This additional money will be allocated to expand on the proposal from our faith leaders and deepen the capacity for Los Gatos to support the unhoused.
The funding should be allocated to the following:
Hotel Vouchers…………………………………………………………………………………………………………………$70,000 o While Los Gatos should strive to create more permanent emergency, transitional, and affordable housing options, hotel vouchers are an immediate solution to an urgent need. Administered by the above-mentioned congregations, providing this funding will allow community experts to determine the best system for distribution. For example, this budget will allow for 20 unhoused residents to each have more than 23 days of hotel vouchers over a year (at a cost of $150 per voucher).
If only 15 unhoused residents access the vouchers, they will have over a month of shelter.
Public Restrooms + Trash Collection…………………………………………………………………………………$20,000 o Restrooms and trash collection are vital for the dignity of our neighbors experiencing homelessness. Though permanent public restrooms should be established throughout ATTACHMENT 3 Page 81
Los Gatos, interim hygiene solutions are necessary. This funding will allow for trash receptacles and portable toilets to be placed in locations near our unhoused residents. Shower Program……………………………………………………………………………………........................….$10,000 o This funding will allow for the continuation of the existing shower program and pay for the cleaning services associated with the program. Moving forward, gym memberships and other shower access options should be considered to meet the more consistent hygiene needs of people experiencing homelessness in Los Gatos.
One key area of homelessness services left out of this proposal is case management. Case management, especially in the form of housing case management, is not only important but necessary to housing individuals that have been experiencing homelessness for any length of time. However, this item is omitted for two key reasons.
First, there are multiple proposals currently being discussed to provide Los Gatos with case management services. It is my opinion that through municipal and/ or nonprofit partnerships, Los Gatos residents experiencing homelessness will have access to some level of case management in the next year. Second, we have heard loud and clear directly from those experiencing homelessness in Los Gatos that their top priority is emergency shelter during harsh weather conditions. While it should be our goal to accommodate the myriad of concerns for our unhoused residents, prioritization is necessary. Hotel vouchers, restrooms, and showers meet the most basic and most critical health, safety, and hygiene needs of people experiencing homelessness in Los Gatos.
Additionally, with this proposal the Town Council refers Town Staff to begin conversations with the Santa Clara County Office of Supportive Housing and nonprofit partner Destination: Home to explore tapping into private dollars and County resources. This referral will allow these partners to work with the Town to deepen our impact and best leverage the Town’s investment into our residents experiencing homelessness.
Finally, I recommend that the Town Council grant flexibility for the Town Manager to work with Los Gatos homelessness experts and faith leaders to make any minor changes for overall programmatic efficacy. This is the first time the Los Gatos Town Council is making an investment of this scale to meet the needs of our residents experiencing homelessness and adjustments to best meet these needs may be necessary.
Attachment 5
General Fund ARPA Replacement Revenues $ 7,229,744
Less Council Approved Uses
Parklets (Downtown Economic Recovery Efforts) $ 930,000 Rent Waivers 746,463
CUP/ADA Fee Waivers 75,000
Destination Marketing 55,000
K-Rails (Downtown Economic Recovery Efforts) 68,000
Promenades 200,000
Direct Grants 110,000
Enhanced Senior Services 500,000
Capital Improvement Program Support Transfers 2,900,000 Required for GF Balancing of FY 2022/23 Budget (Council Action 6-7-2022) 1,645,281 Total Allocations of General Fund ARPA Replacement Revenues $ 7,229,744 American Rescue Plan Act (ARPA) Summary Available Funding if Not Needed for FY 2022/23 Budget Balancing $ 1,645,281 One-Time Community Grant (Council Action 2-21-2023) 150,000 One-Time to LGS REC 55+ Program (Council Action 2-21-2023) 225,000 One-Time to KCAT Producers (Council Action 2-21-2023) 100,000 One-Time Unhoused Residents Efforts (Council Action 2-21-2023) 25,000 One-Time Rent Forgiveness LGS REC (Council Action 3-21-2023) 200,000 One-Time Rent Forgiveness NUMU (Council Action 3-21-2023) 21,000 Available Funding After Council Recent Actions $ 924,281
Reviewed by: 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: 04/04/2023
ITEM NO: 6
DESK ITEM
DATE: April 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
REMARKS:
A Council Member had several questions (bold face type) and staff’s responses are provided below.
1. Are there alternative options to provide transportation to county/nearby shelters? Valley Transportation Authority (VTA) runs the public bus system . If the unhoused residents had financial capacity, other options include, taxi, ridesharing, and other transportation modes.
2. Does staff think the Moore proposal will be an effective use of funds? If so, why not in budget? Is this truly one-time? Is it appropriate use of ARPA funds? The staff have not evaluated the proposal. The Council needs to decide if it wants to fund Council Member Moore’s proposal or direct funding to other priorities for the unhoused residents. At this time Council has only directed $25,000 of American Rescue Plan Act (ARPA) for support of the Los Gatos unhoused residents. Staff is preparing a Proposed Operating Budget based on direction to date without presuming a particular outcome for future Council actions. Yes, the Council has the discretion to use ARPA for its priorities as described in previous communications to the Town Council.
3. This is a stopgap that works during severe weather episodes. For longer term solution, have we considered support of SB 43 State Sen. Susan Eggman’s new legislation, that will make it possible for County health officials to save more lives by requiring emergency care?
The staff have not reviewed SB 43 and does not have a recommendation on this option.
PAGE 2 OF 2
SUBJECT: Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos
DATE: April 4, 2023
REMARKS (continued):
4. Many of our unhoused are seniors. Is there coordination of the Moore proposal with the CHSSC Mental Health recommendations and with other aspects of the Roadmap? Staff is awaiting direction from Town Council regarding its priorities for unhoused residents.
Based on that direction, coordination with other entities, including Town Commissions, can occur.
5. I believe there is a letter from a service agency withdrawing their proposal. Could that proposal be provided please, and are there other details from others about their services? The withdrawn proposal can be found in Attachment 6.
Additionally, Attachment 7 contains additional public comments received after the publication of the staff report and before 11:00 a.m. on Tuesday, April 4, 2023.
Attachments Transmitted with Staff Report:
1. Resolution 2021-023
2. 2020-2025 Santa Clara Community Plan to End Homelessness
3. Council Member Moore’s Proposal
4. Public Comments
5. ARPA Summary
Attachments Transmitted with This Addendum:
6. Withdrawn Proposal from Faith Community
7. Additional Public Comments
The accompanying proposal is the work of several faith community members* who through their ministries work with the Town’s unhoused residents. It reflects years of this experience and also the priorities put forth by several unhoused residents at two different forums in 2023.
It is our understanding that $25K of ARP Funds are available now for spending on priorities for our unhoused residents. With this in mind, the $25K may best be directed to the immediate need for a 24 hr porta potty (ies) and hotel vouchers or an account set up at town hotels for emergency needs of our unhoused residents. It is also our understanding that $300K in Town grants will become available for application June-July 2023. St Luke's Pantry will apply for a grant (having never received Town financial support in the past) , and Los Gatos United Methodist Church will apply for shower cleaning again.
Our proposal for future funding includes a permanent 24 hr accessible Town bathroom, permanent funding for cleaning of showers without using the grant process, and a Case Manager. Left out of our proposal is the need for an emergency shelter during a weather crisis. We recognize that these needs cannot be addressed through $25K in funding. However, these are true needs for the Town and we hope in the months and years to come their study and implementation can be realized. *Jo Greiner, Pantry St Luke’s
Marna Taylor, Shower Ministry, Los Gatos United Methodist Church Steve Hall, Ed Lozowicki, Tim O’Rorke & Sue Ahmadian, SVdP, St Marys
ATTACHMENT 6
PROPOSAL TO SUPPORT UNHOUSED RESIDENTS
Presented to Los Gatos Town Council April 4, 2023
Submitted by members of the Downtown Faith Community: St Vincent de Paul, Los Gatos United Methodist Church and St Luke’s Episcopal Church
1. Funding to support part-time Town Case Manager (CM) approx $20k-$40K Need
Unhoused clients ( approximately 20 men and women) in town have a variety of unmet needs that not only causes personal harm but societal harm as well. A lack of medical and dental care, lack of healthy food, mental health problems, addictions, no safe housing, lack of personal safety, ongoing threats from the environment, and difficulty accessing the bureaucracy for assistance leads to:
• clients living in unsafe areas around town
• lack of access to health care that leads to increased visits to the emergency room, increased costs and more health problems for issues that could have been prevented • interactions with the police due to untreated mental health conditions and addictions • clients unable to access county, state and federal services that could remedy many issues sighted above.
As an example of current conditions, in March 2023, an unhoused resident was severely beaten and robbed in Town. Members of our faith community brought him to the hospital, secured and paid for 10 nights at a hotel for his convalescence, provided meals and replaced his sleeping bag, tent, clothes, shoes and ID card. He suffers from mental health issues, which may have lead to his being beaten and robbed. He still suffers from severe headaches and needs secure housing and regular medical care, which he cannot begin to tackle without the aid of a regular, trusted, case manager Case managers can make an enormous impact on the lives of these people. After the January 2023 rain event, an unhoused resident staying at the temporary Red Cross shelter at Camden Community Center took advantage of the services offered by a Case Manager on site. This resident secured temporary housing (a tent) and was put on a waiting list and soon received a Tiny House placement.
Proposed Solution – Case Manager for the Unhoused
Duties of an Outreach CM could include:
• enrolling persons into the HMIS (Homeless Management Information System) • helping secure benefits such as food stamps, social security and disability insurance • navigating medical services
• connecting with housing resources including section 8 applications, short term shelters and emergency shelters. We have been told that without a CM, clients have no chance of securing housing.
Outreach CMs in nearby Communities
In discussions with West Valley Community Health Services (WVCHS) we have learned that cities in the West Valley area have funded CMs to serve their communities. We estimate that the needs of our clients could be met with a .25 - .5 FTE CM, at the cost of $20K - $40K, perhaps shared with another community.
2. Funding for Cleaning of Showers for the Unhoused -$7,800 Need
Unhoused people without access to showers pose personal hygiene risks, as well as public health concerns. Multiple health problems result from lack of cleanliness. Unshowered clients resort to using public water sources and bathrooms to attempt to get clean. When the showers temporarily closed for 3 months in 2019 during COVID, residents and businesses complained that unhoused people were severely unkept and dirty, and were causing more disturbances due to not being able to access a shower. At the weekly Shower Ministry at Los Gatos United Methodist Church, clients receive apapp shower, toiletries, fresh socks and underwear, a bag lunch and laundry vouchers provided by St Vincent de Paul.
Proposed Solution
For the past 3 years, the town has generously provided partial payment for weekly cleaning the showers as part of the Shower Ministry for the Unhoused at Los Gatos United Methodist Church. We initially received funds as part of the town's response to the COVID pandemic. Since 2021 yearly we have received $4,000 and $5,750 by successfully applying to the Town of Los Gatos Community Grant Application for Non-profit Organizations.
We request that we no longer be asked to submit a yearly grant and subsequent report, but that due to the ongoing essential need for weekly showers for the unhoused, the Town provides funding for a full year as part of the budget process. Cost- $150/week, $7,800 per year
3. Public Restrooms
Need
Currently the Town does not have any public restrooms available downtown. This disproportionately impacts the unhoused who have no homes, and by definition, no such facilities. This not only causes individual concerns, but threatens public health and safety. The unhoused, and business customers and owners would all benefit from public restrooms.
Proposed Solution
We recommend that the Town furnish public restrooms in the downtown area and include funding for them in the 2023-24 capital budget. Also, as a temporary measure, we recommend the Town provide portable toilets until permanent restrooms are completed.
ATTACHMENT 7
From: Chris Wiley
Sent: Monday, April 03, 2023 5:48 PM
To: Maria Ristow <[email protected]>; Matthew Hudes <[email protected]>; Rob Rennie <[email protected]>; Rob Moore <[email protected]>; Mary Badame <[email protected]>
Cc: Laurel Prevetti <[email protected]>
Subject: For the 4th April Town Council Meeting
[EXTERNAL SENDER]
Good Day Councilmen of Los Gatos,
The April 4th, 2023 Town Council meeting is planning to discuss allocating $100,000 to assist the needs of our community homelessness during the times of the extreme storms and terrible weather. Refencing on the agenda is a request from Councilman Moore:
OTHER BUSINESS
• 6.Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos.
Mr. Moore is asking in, attachment 3 for $100,000, towards this issue discussed above. He is requesting the Town:
a. Hotel Vouchers for $70,000
b. Public Restrooms and Trash Collection $20,000
c. Shower program for $10,000
No use me repeating the exact details of the aforementioned request - it is the agenda.
As discussed in detail in attachment 2. of the agenda - there is the report from the County of Santa Clara the 2020-2025 Santa Clara Community Plan to End Homelessness. It is the County that has the charter to work the homeless. They are the ones that supply many of the services that are requested for in Mr. Moore's request in attachment 3.
The Town of Los Gatos needs to first ask themselves, "What is being done for the homeless now?". "How much money is being spent and by whom?". is not Los Gatos already spending time and money by our Police? is that data being collected and put in this request to show what was spent?
My fear is that The Town of Los Gatos is getting in other organizations/governmental lanes. No mention in Mr Moore's request is what is being done now for these individuals. How many vouchers are available from the County for this service? what are the organizations helping now? Salvation Army? Catholic Charities? etc How much FEMA has helped our citizens on the mountains?
Mr Moore has mentioned in his newsletter that "We will be working with faith leaders, our nonprofit partners, the Los Gatos Police Department, and others to decide what solutions will create the best outcomes for these individuals.". Where are the notes and data from the outcome of these meetings? Are the places of Faith going to be supplying vouchers? Are they going to have places for showers? Who are the non-profit partners and what will they be planning to contribute?
ATTACHMENT 7
The Town of Los Gatos
- has let the San Jose Water Company run the water
- the main sewer lines are run by West Valley Sanitation District(WVSD) - the public transportation is run by Valley Transit Authority, etc.
My suggestion is that before we decide to contribute tax payer's money to the homeless problem, we should find out first what the County is doing for us? How they plan to supply vouchers, bathrooms, showers, etc. Have Mr. Moore lead up Town meetings with the organizations mentioned above and see how they can come up with a resolution working with the county.
Possibly, after Mr. Moore have exhausted all these sources, he may come back and talk with the Town of how they can add to the mix.
Side Note: Recently there was a sad situation where a woman was killed by a hit and run driver. Her daughter was also badly injured and the family dog killed. Instantly, her community put up a "Go Fund me". In less than a week, they raised over $100,000. Thousands of dollars above their goal of $100,000 and monies are still coming in.
IN SUMMARY: Have Mr. Moore and his partner Miss Clark used up all the recourses available before using our taxpayers funds. They have experience of working with non-profits.
Chris Wiley
University Avenue
Los Gatos, CA 95032
When sending from my i-devices plaese excuz my typpos. And I do make many. thanx
From: Kelly Mathews
Sent: Thursday, March 9, 2023 1:54 PM
To: Maria Ristow <[email protected]>
Subject: Homelessness
[EXTERNAL SENDER]
Dear Mayor Ristow,
Hello, Mayor Maria Ristow. I am Dexter Torres from RJ Fisher Middle School and for an English project, we are assigned to talk about an important issue. I decided to talk to you about homelessness in the community. You have done an amazing job already helping the community, but I want to propose a new system to help solve homelessness in the community. I propose you can make it easier to get into a home/apartment so homeless people can start working until they can get back on their feet.
I propose we make an area with small houses that people could live in for free, but as a requirement you would have to get a job. Unlike a homeless shelter, this provided safety and privacy making it better then a homeless shelter. In this article “Going to shelters more dangerous for U.S homeless” by NBC it states being in a homeless shelter can be dangerous and people have a high chance of being stabbed or raped. With my house system we can eliminate this by everyone having their own small home. We can also set up cameras and other systems to make sure the housing area is safe.
You might think that could cost a lot of money to build all the houses, maintain them, and have them on electricity. In this article “The Business Case for Ending Homelessness” it states that ending homelessness can positively affect our economy. The article says Healthcare costs are reduced by 59%, emergency department costs are decreased by 61%, and the number of general inpatient hospitalizations is decreased by 77%. This will happen because the majority of homeless people are lacking health insurance and are 5 times more likely to visit the emergency department than the normal person. On average a homeless person can rack up 44,400 thousand dollars of medical bills. Taking homeless people of the streets and helping them can help pay for it self by saving money used from medical bills.
In conclusion, I propose a solution to help solve homelessness by building a small area for individual housing units so people can get jobs and be safe until they get on their feet. Thank you for your time.
Sincerely,
Dexter Torres
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 7
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860- 15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
RECOMMENDATION:
Consider a request for an exception to the Story Pole Policy to allow an alternative to standard story pole installation to illustrate and provide notice of the proposed project on property zoned O located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way.
BACKGROUND:
Historically, story poles have been used for two purposes. The primary purpose is to help illustrate proposed building locations and heights for pending development applications.
Additionally, the story poles help alert the community of development applications that are scheduled for consideration at a public hearing.
The existing Story Pole Policy was approved by the Town Council on August 5, 2013 (Attachment 1). The existing Policy specifies the conditions and process for a possible story pole exception. Specifically, the Policy identifies that the applicant must clearly demonstrate to the Town that the installation of story poles would: (a) cause a threat to public health and safety; or (b) impair the use of existing structures or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible.
PAGE 2 OF 4
SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
BACKGROUND (continued):
The Policy requires story pole locations adequately demonstrate the height, mass, and bulk of the project requiring review. At a minimum, story poles shall be placed at all outside building corners of the building wall (excluding eaves) and along the rooflines of the proposed structure.
The Policy requires that at least two (2) foot wide orange woven plastic snow fencing (netting) be erected to represent the rooflines of the proposed structure. Netting must be supported by height poles that are strong enough to accurately maintain the outlines and height of the structure(s).
The Policy requires the Town Manager to determine if at least one of two criteria is met before the Council can consider requests for exceptions to the story pole installation requirements.
The Council is the deciding body for story pole exceptions.
On October 6, 2022, the Town received a story pole exception request for a project proposed at 15860-15894 Winchester Boulevard and 17484 Shelburne Way and the Town Manager determined that it could be scheduled for consideration by Town Council.
On November 1, 2022, the Town Council considered and approved the exception request with the condition that in place of the standard netting the applicant would install two rows of flags.
Following approval, the applicant has attempted to install the additional flags, but has been unable to do so because of the weather and has submitted a revised request, described below.
DISCUSSION:
The subject site is the combination of four parcels forming an approximately 1.31-acre site at the intersection of Winchester Boulevard and Shelburne Way. The site is currently developed with three single-family residences; a single-family residential structure which is currently occupied by a commercial construction business; and multiple detached accessory structures for a total of nine structures on the site. The existing zoning is Office (O), and the General Plan land use designation is Office Professional.
An application has been filed by Jessie Bristow of Swenson Builders requesting approval for demolition of four residential buildings and associated detached structures, construction of an assisted living and memory care facility, lot merger of the existing parcels, variance from the maximum height and lot coverage for the zone, and removal of large protected trees. This application includes Architecture and Site Application S-21-008, Conditional Use Permit U-21- 101, Subdivision Application M-22-008, and Variance Application V-21-003. Full project plans
PAGE 3 OF 4
SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
DISCUSSION (continued):
are available online on the Town’s Pending Planning Projects page (https://www.losgatosca.gov/2393/W).
Staff review of the application, including preparation of an Initial Study and Mitigated Negative Declaration, have been completed and the project applicant has installed the story poles (Attachment 3). Because the story poles were installed with a single row of orange flags instead of the standard orange netting, the applicant was advised that an exception request reviewed by Town Council, would be required.
The applicant submitted an initial request for an exception from the Story Pole Policy requirements to avoid unsafe conditions created by heavy netting on tall story poles by utilizing rope flags connecting the story poles, in lieu of netting, which was approved by Town Council on November 1, 2022, with a condition that a second row of flags be added.
The applicant has attempted to have the additional row of flags installed and has been unable to do so because of the weather and associated safety concerns (as described in Attachment 2).
Therefore, the applicant has submitted a revised request for an exception from the Story Pole Policy requirements to avoid unsafe conditions created by recent and continued storm activity.
The applicant proposes to provide a virtual 3D model video and additional project signage, in lieu of additional flags, as described in Attachment 2.
PUBLIC COMMENTS:
Pursuant to the Policy, notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property. Notice was also published in the Los Gatos Weekly on Friday, March 31, 2023, posted under “What’s New” on the Town’s website, and posted on the Town’s social media platforms.
CONCLUSION:
Staff recommends that the Town Council consider the proposed exception to allow the installed story poles with single row of rope flags (Attachment 3), a virtual 3D model video, and additional project signage (Attachment 2), in lieu of a second row of flags.
If the Town Council determines that the revised story pole exception request is appropriate, staff recommends that the Town Council limit the approval to the proposed story pole exception request and plan in Attachments 2 and 3. A request to modify the proposed story pole plan would be required to return to the Town Council for consideration of a new story pole exception.
PAGE 4 OF 4
SUBJECT: 15860 Winchester/Revised Story Pole Exception Request DATE: March 30, 2023
CONCLUSION (continued):
Staff intends to bring a draft updated Story Pole Policy to the Planning Commission for its recommendation regarding appropriate story pole configurations for taller buildings. After the Planning Commission concludes its deliberations, the Town Council will consider the draft Policy update and the Commission’s recommendations.
ALTERNATIVES:
1. Continue the request to a date certain with specific direction; or
2. Approve the request with modified requirements; or
3. Deny the request.
COORDINATION:
The Community Development Department coordinated with the Town Manager’s Office in the review of the requested story pole exception.
ENVIRONMENTAL REVIEW:
Action on the requested story pole exception does not constitute a “project” as defined by section 15378 of the CEQA Guidelines because it is not an action which has a potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.
Attachments:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Story Pole Plan
1 Height Pole and Netting Policy
For Additions and New Construction
I. Purpose:
It is a policy of the Town of Los Gatos Town Council to have story poles and project identification signs installed on the sites of an active development application. The placement of story poles is extremely helpful and important during the course of Town’s review of applications for new development. Proper and accurate placement of story poles demonstrates the planned rooflines and heights and provides some indication of the potential massing of the proposed structure. Story poles enhance understanding of the project for Town residents, staff, advisory bodies, and decision making bodies. Story poles also provide a visual notice to the community of a forthcoming land use public hearing.
Project identification signs present both written and graphical information that will further communicate the proposed project to the community as well as provide the public hearing dates for the development application.
This policy is for the benefit of the Town and community and is not intended to create a requirement under the California Environmental Quality Act (CEQA).
II. Height Poles and Netting:
Height story poles and netting shall be used for the following types of Community Development Department, Planning Division, land use applications:
• New residential (excluding single-story accessory structures) and non-residential buildings.
• Residential second story additions.
• Nonresidential additions exceeding 100 square feet.
The terms height poles and story poles are used interchangeably.
A. Procedure:
When it is determined that story poles are required, the applicant’s engineer, architect or building designer may be required to prepare a “Story Pole Plan” to indicate the locations where the poles will be installed. The Story Pole Plan shall be approved by the project planner prior to the placement of the poles on the site. Once approved, the applicant shall inform the project planner when the placement of the story poles is complete and submit photographs showing installation. The story poles shall be installed consistent with the following requirements:
ATTACHMENT 1 Page 102
2 Residential: The height poles and netting shall be installed prior to the neighborhood notification process and shall remain in place until the project has been acted upon and the appeal period has ended. If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles.
Projects that Require Planning Commission or Town Council Action: The height poles and netting shall be installed prior to the public noticing of the matter and shall be kept in place until the project has been acted upon and the appeal period has ended.
If the project is appealed, the height poles and netting shall remain until final action is taken. If final consideration of the project is substantially delayed or the project is substantially modified, staff may direct removal or modification of the story poles.
B. Timing
Public notices will not be mailed and/or application(s) shall not be advertised until a Story Pole Plan has been approved by the project planner, the height poles and netting have been installed, and photographs have been submitted to the project planner, as required in Section II.A.
C. Location and Number:
The number of story poles may vary with each specific project. At the discretion of the project planner, story pole locations shall adequately demonstrate the height, mass, and bulk of the project requiring review. At a minimum, story poles shall be placed at all outside building corners of the building wall (excluding eaves) and along the rooflines of the proposed structure(s) or addition. Architectural elements such as towers, spires, elevator and mechanical penthouses, cupolas, mechanical equipment screening and similar elements not used for human activity or storage which are visible from the streetscape shall be represented by the story poles. Pursuant to Section 29.10.1005 of the Tree Protection Ordinance, the attachment of wires, signs, or ropes to any protected tree is prohibited. Trees may not be "flagged" or used as a substitute for the erection of story poles. After the placement of the story poles onsite, the applicant shall provide the project planner with photographs of the story poles taken from a variety of vantage points. The vantage point from where the photograph was taken shall be indicated on each photograph.
A licensed surveyor or civil engineer shall submit written verification that the height and position of the poles and netting accurately represents the height and location of the proposed structure(s) or addition.
3 D. Materials:
The material of the story poles shall be indicated on the Story Pole Plan. Story poles shall be constructed of 2"x4" lumber, metal poles, or other sturdy building material acceptable to the project planner. Telephone poles; mechanical equipment, such as cranes; or other materials may be acceptable for higher structures if the Community Development Director determines that the material will adequately portray the height, bulk, and mass of the proposed structure(s) or addition and withstand the wind and weather. At least two foot (2') wide orange woven plastic snow fencing (netting) must be erected to represent the rooflines of the proposed structure(s) or addition. Netting must be supported by height poles that are strong enough to accurately maintain the outlines and height of the structure(s). One of the height poles on each elevation must be clearly marked and labeled in five foot (5') increments measured from existing or finished grade, whichever creates a higher profile, and consistent with the approved Story Pole Plan on file at the Community Development Department.
E. Story Pole Plan and Public Safety:
All story poles shall be placed, braced and supported to ensure the health, safety and general welfare of the public. The Story Pole Plan shall include the methods used to secure the poles. Applicants shall sign an agreement that holds the Town harmless for any liability associated with the construction of, or damage caused by the story poles. If at any time, the Town determines the story poles to be unsafe, they shall be repaired and reset immediately by the project applicant or, at the Town's discretion, removed. Depending on the scope of the poles, the applicant may be requested to
4 verify with the Building Division of the Community Development Department that no permits and/or inspections are required for the poles.
F. Exceptions:
In the event there are justifiable reasons why story poles cannot be accommodated for all structures proposed to be constructed on the project site, the applicant shall submit a letter to the Community Development Director no later than 45 days prior to the required installation date, clearly articulating the reasons why an exception to the Story Pole requirement is warranted. Requests for an exception and alternative plan will only be considered if the applicant can clearly demonstrate to the Town, and the Town agrees, that the installation of the story poles would: (1) cause a threat to public health and safety or (2) would impair the use of existing structure(s) or the site to the extent it would not be able to be occupied and the business or residential use would be infeasible. Some form of poles and netting and/or on-site physical representation of the project will be required, even if an exception is granted.
Planned Development applications with multiple detached commercial structures and/or residential units may request to erect story poles on the locations where the key structures will be placed. The deciding body will take into account the density of the development when considering an exception request. The story poles shall be installed on all corner structures and the structures with the greatest height and mass.
An exception to providing story poles for all structures in a Planned Development application with multiple commercial structures and/or residential units shall follow the same procedures as outlined below.
The Town Manager will review all justifiable requests for an exception to the Story Pole requirement within 14 days of receipt of the request and shall place the matter on the next available Town Council agenda for consideration by the Council. Written notice of the exception request shall be mailed to property owners and residents of properties within 300 feet of the project site. All requested and approved exceptions shall be posted on the Town's Web site under “What’s New,” in agenda posting locations at Town Hall and the Library, and in the online development activity report when established.
If an exception is approved, the applicant will be required to demonstrate the proposed structure height and mass using alternative means as outlined in Section II.H.
5 G. Alternatives: If an exception is granted to the Story Pole requirements, the applicant shall provide digital imagery simulations, computer modeling, built to-scale models or other visual techniques in-lieu of the Story Pole requirements. Simulations may either be prepared by the applicant for technical review by the Town's consultant or the applicant may elect to have the Town's consultant prepare the materials. In either case, the applicant shall be responsible for all technical review(s), materials and cost of the Town’s evaluation and/or preparation process. To ensure accuracy, visual simulations shall comply with the following standards:
• Establishing accuracy of the visual simulation: The applicant shall demonstrate that the dimension and scale of the visual simulation and project setting are equivalent. This is accomplished by examining screen views of the model in plan and elevation views for accurate scaling. The visual simulation must also include reference objects corresponding to known objects in the simulated scene, such as buildings, curbs, utility poles, trees, or any other reference points visible in the simulated scene, whose location is known from surveys or, at a minimum aerial imagery. There shall be a minimum of two reference objects outside of the project in different parts of the photo frame.
• Establishing the equivalence of the virtual and actual camera focal setting:
The camera lens focal setting or angle of view for each simulation base photo shall be stated. The camera model shall be provided since the angle of the focal view varies with different cameras. The preparer of the photo simulations shall provide the manufacturer specifications indicating the 35 mm film SLF lens correspondence, or other means to calculate the angle of view. • Depict the accurate location of the photo and establish the correspondence of the virtual camera with the visual simulation: The photo location shall be indicated accurately on a map or aerial photo, and the correspondence within the visual simulation should be demonstrated. Simulated views should not employ cropping, or if they must, the original, uncropped rendered image shall be provided. Once the images are cropped, it is impossible to validate their accuracy. • Other Information: The Town's consultant may require other information to assess the accuracy of the visual simulation.
H. Removal:
Once a final action has been taken and the appeal period is over, the height poles and netting shall be removed at the applicant’s expense within 30 days. If not removed, the height poles and netting will be considered rubbish and will be in violation of Section 11.10.020 of the Town Code and the matter will be forwarded to Code Compliance for enforcement action.
6 III. Project Identification Signs:
All development applications that must comply with the story pole and netting requirements shall also provide project identification signs on the development site consistent with the following requirements.
A. Timing:
Public notices will not be mailed and/or application(s) shall not be advertised until project identification sign(s) have been installed. The location of the project identification sign(s) shall be shown on the Story Pole Plan. The applicant shall submit a signed declaration confirming that the project identification sign(s) were installed.
The applicant shall also submit a photo showing the on-site sign(s) installed on the subject property prior to the distribution of the public notices.
B. Size:
• New Residential Structures: One, 2'x2' sign placed on the street frontage. The top of the sign shall be five feet (5’) from existing grade and visible from the main street frontage. The sign shall indicate the scheduled public hearing date and the availability of plans for review at the Community Development Department. • Commercial/Industrial Remodels or New Construction: One 4'x8' sign on each of the property frontages that are visible to surrounding public right of ways, including pedestrian trails such as the Los Gatos Creek Trail. The top of the signs shall be six feet (6') from existing grade. The Community Development Director may require additional signs for development sites that have large frontages. • Downtown (C-2 Zone) Remodels or New Commercial Development: One 2' by 3' vertical sign constructed of metal frame with water resistant plastic or laminated face. In cases where it is infeasible to install a free-standing sign, the posting of a durable, all weather sign on or inside the window of a building is permitted, provided the sign is visible from public locations outside the building. Requests for an exception to the free-standing sign requirements shall be made to the Community Development Department in writing no less than 30 days prior to the public hearing for the project.
C. Number and Placement of Signs:
With one exception, on-site signs shall be placed on each street frontage of the site.
The exception is for permits related to an individual new single family dwelling. In this case, only one sign on the street frontage is required. The signs shall be oriented towards the street, within one foot (1') of the front property line or two feet (2') of the back of the sidewalk.
7 D. Materials:
Signs shall be constructed of durable materials, such as foam core or plywood, and shall be laminated during the rainy season (October through April). The sign colors shall be a white background with black printing, and color graphics (excluding single family, which may have black and white graphics). As noted under Section III.B., signs in the Downtown C-2 Zone shall be constructed of higher grade materials, including a metal frame and a plastic or laminated poster board face.
E. Sign Content:
Up to 75% of the overall sign area must be used to provide a general description of the project; including number of residential units or commercial buildings and square footage; a color perspective drawing, three-dimensional image or photographic simulation and the name and contact information of the project applicant. Single family remodel projects are not required to provide a rendering on the sign. The public notice portion of the sign message must constitute 25 percent of the overall sign area and notify the community of the public hearing date and time and contain the following message “For more information about this project, please contact the Town of Los Gatos Planning Division at 110 E. Main Street, Los Gatos, (408) 354-6872.
The project address and application number shall be included on the notice.
F. Duration of Sign Posting:
Project identification signs shall be placed on site consistent with the timing of installation of the story poles (See Section II.B.) and shall be removed within 30 days of the final actions (See Section II.H.).
G. Maintenance:
The applicant is responsible for replacement of any missing, damaged or vandalized signs within five days of request by the Town. The Town may cease processing of the application if the signs are not replaced and/or maintained.
IV. Definitions:
Height: As defined by the Zoning Ordinance, height is determined by the plumb vertical distance from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade. For portions of a structure located directly above a cellar (refer to Section 29.10.020 of the Zoning Ordinance for definition of cellar), the height measurement for that portion of the structure shall be measured as the plumb vertical distance from the existing natural grade to the uppermost point of the structure directly over that point in the existing natural grade.
8 Roofline or edge: The contour or shape of a roof.
This policy was adopted by Town Council on August 5, 2013 (Resolution 2013-032) N:\DEV\Web Documents\Policies\Story Pole Policy Resolution.7-13-17.docx
Town Council
110 E. Main Street
Los Gatos, CA 95030
RE: Revised - Story Pole Material Exemption Request
Winchester Assisted Living
15860 Winchester Blvd
Dear Mayor and Town Council,
On November 1, 2022 Town Council directed Swenson Builders to add a second row of flagging to the story poles in order to accommodate a replacement solution for the required netting called out in the Town’s Height Pole and Netting Policy. Unfortunately, due to the winter weather in 2022 and multiple atmospheric storms that have taken place in 2023, the story-pole vendor has been unable to install the additional flagging. The property site has remained very wet and muddy, and the equipment needed to install the additional flagging cannot access the site.
Swenson is requesting an exemption from the Town’s Height Pole and Netting Policy due to the physical challenges brought by recent and continued storm weather activity. The current conditions of the sites and continuous weather make the November 2022 direction from Town Council physically impossible without causing a safety risk during install, and a continued safety risk to the community and public.
As an alternative, Swenson is proposing to provide a virtual 3D model video to convey the overall massing of the proposed project in context of the surrounding neighborhood and existing neighboring structures as directed in the policy exception section to establish accuracy of a visual simulation. Additionally, we would like to provide additional signs of four feet by 6 feet on Shelburne Way and Winchester Blvd that depict the appropriate rendering for the respective street frontages.
Please find the link below to the example video from our rendering team. We would like to model our proposed video off of this example to highlight the project to the community:
https://app.frame.io/reviews/740eab00-f5cd-4bf5-aec0-42d536e385ea/016211ed-fecc4ba1-846f-1888352ed02d Additionally, please find the link to our current renderings that we have for the project, that were included in our plan set. Of these renderings, we are offering to add additional signage for each street frontage of the council's choosing to further highlight the development to the community (Please find attached as well):
https://www.dropbox.com/sh/y7crtiksy40f6k2/AABoVifFqtGqJS0ygWWLWguxa?dl=0 ATTACHMENT 2
Please accept this written request for an exemption to the Town’s Height Pole and Netting Policy regarding our proposed project located at 15860 Winchester Boulevard. Under the “exceptions” section of the Town’s Height Pole and Netting Policy, if the story poles or materials cause a threat to public health or safety, other alternative representations may be utilized. Given the continuous extreme weather, and in an effort to further prevent delay of the project application, we respectfully request an exemption and wish to provide a 3D model video alternative as well as the additional proposed signage.
Sincerely,
Jessie Bristow
Swenson Builders
ATTACHMENT 3
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 7
DESK ITEM
DATE: April 4, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860- 15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a.
Swenson. Project Planner: Jennifer Armer.
REMARKS:
Attachment 4 contains public comment received between 11:01 a.m., Thursday, March 30, 2023, and 11:00 a.m., Tuesday, April 4, 2023.
ATTACHMENTS:
Attachments previously received with the Staff Report:
1. Story Pole Policy
2. Exception Request from the Applicant
3. Story Pole Plan
Attachments with this Desk Item:
4. Public Comment received between 11:01 a.m., Thursday, March 30, 2023, and 11:00 a.m., Tuesday, April 4, 2023
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From: A KUMAR
Sent: Monday, April 3, 2023 10:53 PM
To: Planning <[email protected]>
Subject: Re 15860-15894 Winchester @Shelbourne Proposed Project [EXTERNAL SENDER]
Project Planner
Jennifer Armer
Greetings,
It has been brought to my attention that the Assisted Living center will now have reduced limited parking spaces for the employees and visitors.
I have lived on Via Sereno for almost 40 years and after a few years on my street , unknown to us the overnight street parking apparently was altered thereby creating a ongoing problem on our unlit streets .
The matter has been raised at City Monte Sereno numerous times due to ongoing concerns reported and citations for Vandalism, break ins .
Given the fact that we do not have street lights the overflow of traffic from this project will further add to the nuisance and safety of us neighboring residents . Despite the numerous incidents, Vehicles are left unattended, stolen and abandoned and the Police can only do so much .. They are short staffed, overworked and attending Crime scenes etc as a priority.
It is imperative for Town of Los Gatos to ensure sensible governance so that we do not over burden the Police to add any additional problems.
Expand the parking space areas on this project and co ordinate with City of Monte sereno to adopt a permit parking zone only to the immediate residential streets .
Thanks ,
Adesh Kumar
Via Sereno
Monte Sereno
ATTACHMENT 4
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PREPARED BY: Erin Walters and Jocelyn Shoopman
Associate Planner and Associate Planner
Reviewed by: Town Manager, Town Attorney, and the Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/04/2023
ITEM NO: 8
DATE: March 30, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023.
RECOMMENDATION:
Review and discuss the draft Revised 2023-2031 Housing Element as submitted to the California Housing and Community Development Department (HCD) on March 31, 2023.
BACKGROUND:
On January 12, 2023, the Town received HCD’s findings/comment letter on the Draft Housing Element (Attachment 1). The findings/comment letter from HCD provides a list of recommended revisions.
On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law with the revised Sites Inventory Analysis and revised Sites Inventory Form. The adopted 2023-2031 Housing Element is available online at:
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
The 2023-2031 Housing Element as adopted by the Town Council on January 30, 2023, was required to be available to the public for a seven-day review period prior to HCD resubmittal. The seven-day public review period was from February 3, 2023, to February 10, 2023. In addition, an email was sent to all individuals and organizations that previously requested notices relating to the Town’s Housing Element update.
PAGE 2 OF 4
SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to HCD on March 31, 2023
DATE: March 30, 2023
BACKGROUND (continued):
On February 13, 2023, the Town submitted the adopted 2023-2031 Housing Element to HCD.
A cover letter was included in the submittal describing that the Town is in the process of addressing all the remaining comments found in the HCD findings/comment letter and would be resubmitting a revised Housing Element after all the revisions have been completed. The cover letter and submittal documents are available online at:
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
On February 16, 2023, the Housing Element Advisory Board (HEAB) held a meeting to review and discuss the HCD findings/comment letter, and how the comments and findings would be addressed (Attachment 2). The HEAB provided direction to staff to consider incorporating modifications into the revised Housing Element.
On March 16, 2023, the HEAB reviewed the revised 2023-2031 Housing Element which included modifications to the Town Council adopted 2023-2031 Draft Housing Element in response to the more detailed HCD comments. The staff report and the addendum can be found in Attachments 3 and 4. The HEAB recommended that staff resubmit the revised Housing Element to HCD with modifications. A summary of the recommended modifications can be found in Attachment 5. An audio recording of the March 16, 2023, HEAB meeting is available on the Town’s website at: https://www.losgatosca.gov/AgendaCenter.
Of particular note was the HEAB’s discussion of the updated Sites Inventory. As described in the staff report (Attachment 3), changes to the Sites Inventory were needed due to the Town’s receipt of Property Owner Interest Forms and updated the pipeline projects. These changes resulted in an overall housing capacity increase from 2,312 to 2,494 units and a buffer of 25%. The report to the HEAB offered an option to reduce the sites inventory to retain the 15% buffer. Attachment 4 contains the Addendum that describes the buffers of other certified Housing Elements, which include 15% (San Francisco), 20% (Alameda), 33% (Oakland), and 103% (Emeryville). HEAB members voted 6-2 (Hudes and Mannina opposed) to retain all of the sites in the inventory.
The revised 2023-2031 Housing Element as recommended by the HEAB is required to be available to the public for a seven-day review period prior to HCD resubmittal. The seven-day public review period was from March 23, 2023, to March 30, 2023. In addition, an email was sent to all individuals and organizations that previously requested notices relating to the Town’s Housing Element update.
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SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to HCD on March 31, 2023
DATE: March 30, 2023
DISCUSSION:
The purpose of this meeting is to review and discuss the revised Housing Element that was submitted to HCD on March 31, 2023.
Next Steps
On March 31, 2023, the Town will submit the revised 2023-2031 Draft Housing Element to HCD. The cover letter and submittal documents will be available online at:
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
Subsequent review by HCD will take up to 60 days. Based on the experience of neighboring jurisdictions, HCD could issue a second comment letter. Once HCD determines and communicates that the Town’s Draft Housing Element is ready for certification, the public hearing process for adoption will occur again with the Planning Commission making a recommendation and the Town Council making the final decision on adoption of the Housing Element.
PUBLIC COMMENT:
At the time of this report’s preparation, the Town has not received any public comments.
Notice was posted under “What’s New” on the Town’s website and posted on the Town’s social media platforms.
Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].
CONCLUSION:
Staff looks forward to the Town Council’s discussion.
COORDINATION:
The Community Development Department coordinated with the offices of the Town Attorney and Town Manager in the preparation of this report.
ENVIRONMENTAL ASSESSMENT:
An Environmental Analysis was prepared for the Housing Element update. Although the Housing Element update could have a significant effect on the environment, it was found
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SUBJECT: Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to HCD on March 31, 2023
DATE: March 30, 2023
ENVIRONMENTAL ASSESSMENT (continued):
that all potentially significant effects have been analyzed adequately in the Town of Los Gatos 2040 General Plan Environmental Impact Report (EIR), pursuant to applicable standards including CEQA Guidelines Section 15168(c)2, and the Housing Element update is consistent with the growth projections evaluated in the General Plan EIR. A copy of the Environmental Analysis is available online at: https://www.losgatosca.gov/1735/GeneralPlan---Housing-Element.
ATTACHMENTS:
1. January 12, 2023, HCD’s Findings Comment Letter
2. February 16, 2023, HEAB Meeting Minutes
3. March 16, 2023, HEAB Staff Report with Attachments 1-2
4. March 15, 2023, HEAB Addendum with Attachments 4-5
5. Modifications to the Revised Draft 2023-2031 Housing Element per the March 16, 2023, HEAB Meeting
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 12, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street,
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the Town of Los Gatos draft housing element received for review on October 14, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance, Kylie Clark, Silicon Valley@Home and Campaign for Fair Housing Elements and YIMBY Law, pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c), shall be completed no later than one year from the statutory deadline. Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until any necessary rezones are completed.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting ATTACHMENT 1
Joel Paulson, Director
requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates your hard work provided in the housing element update. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected] .
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX
TOWN OF LOS GATOS
The following changes are necessary to bring the Town’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 https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks 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 review requirement is one of the most important features of the element update. The review of past programs should describe progress in implementation of previous actions, including results compared to objectives and evaluate the effectiveness of actions to make appropriate adjustments in the current planning period. In the most cases, the element does not describe any progress in implementation and particularly housing related outcomes and then simply concludes to continue or modify programs. For example, the prior element had a program to implement the below market rate program and evaluate the program as a constraint. The element reports the program was implemented. There is no discussion of outcomes or an evaluation of constraints. Then, the element concludes the program will be modified but the new program does not appear to adjust on past efforts.
The element must fully describe past commitments, progress in implementation, evaluate effectiveness and then discuss appropriate adjustments in the current planning period.
In addition, the element must provide an evaluation of the cumulative effectiveness of past 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) and revise programs as appropriate.
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).)
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Regional Level Patterns and Trends: While the element includes several maps and tables and reports data, it generally must evaluate the data and especially at a regional level, comparing the Town to the broader region. This is particularly important since the Town appears far different from the rest of the region. The analysis should address all components of the assessment of fair housing (e.g., segregation and integration, disparities in access to opportunity) and should focus on race, income, and overall access to opportunity). The analysis should address trends and incorporate local data and knowledge and other relevant factors (See below).
Income and Racial Concentration of Affluence (RCAA): The element briefly mentions incomes in the Town compared to the region and notes it is safe to speculate the Town has neighborhoods that are RCAAs; however, the entire Town is a RCAA and the element should incorporate this information. Please see HCD’s Affirmatively Furthering Fair Housing (AFFH) Data Viewer at https://affh-data-resources-cahcd.hub.arcgis.com/.
The element should include specific analysis of income and RCAA at a regional level (Town compared to the broader region). The analysis should at least address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors. The element must add or modify meaningful programs based on the outcomes of this analysis, including actions to improve housing mobility within and beyond Town boundaries.
Disparities in Access to Opportunity: While the element provided a general analysis of opportunity areas, and high-level conclusions about the Town’s disparities in access to opportunity, it should analyze trends and patterns related to access to transportation on a local and regional level.
Disproportionate Housing Needs, Including Displacement Risk: The element includes some information on cost burden and overcrowding but should also discuss local patterns of housing conditions. For example, the element should discuss areas of the Town where proportions of housing units needing rehabilitation may be higher than other areas and may utilize local knowledge such as qualitative information from code enforcement staff.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include data on the location of regional housing need allocation (RHNA) sites by income group relative to all fair housing components. The analysis should address the number of units by income group and location, any isolation of the RHNA by income group, magnitude of the impact on existing concentrations of socio- economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors and programs should be added or modified as appropriate to promote inclusive and equitable communities.
Local Data and Knowledge: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the Town related to
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fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers, Town staff and related local and County planning documents.
Other Relevant Factors: While the element includes some general background on exclusionary practices, it should relate these situations to the Town and complement data and mapping with other relevant factors that contribute to fair housing issues in the Town. For instance, the element can analyze historical land use; zoning and barriers to housing choices such as past denials of affordable housing, local land use initiatives or proposed referendums; investment practices; seeking investment or lack of seeking investment to promote affordability and inclusion; information about redlining/greenlining, restrictive covenants and other discriminatory practices; land use related lawsuits; local land use initiatives; demographic trends, or other information that complements the state and federal data.
Contributing Factors to Fair Housing Issues: Upon a complete AFFH analysis, the element must assess and prioritize contributing factors to fair housing issues and add or modify programs as appropriate.
2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Conditions: The element provides some information on age of the housing stock. However, it must estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable organizations. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/housing-stock-characteristics.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Pipeline Projects: The element includes a list of 176 units through pipeline projects on page D-38. While the element may utilize pipeline and potential development projects toward the RHNA, it must also demonstrate their affordability and availability in the planning period. Affordability must be demonstrated based on actual sales price, rent level or other mechanisms ensuring affordability (e.g., deed restrictions). Availability should account for the likelihood of project completion in the planning period and should address the status, necessary steps to issue permits, any barriers to development and other relevant factors.
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Sites Inventory: The element must clarify what the allowable density is for the North Forty Specific Plan identified in Table A. The inventory indicates sites zoned under the North Forty Specific Plan where the minimum and maximum densities is the same (i.e., 30 units per acre). If the densities are the same, the element should include a specific analysis of the range as a potential constraint.
Realistic Capacity: The element must include a methodology for calculating the realistic residential capacity of identified sites. The methodology must be adjusted as necessary, based on the land use controls and site improvements and typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction.
For example, the element could clearly list other recent projects, the zone, acreage, built density, allowable density, level of affordability and presence of exceptions such as a density bonus.
In addition, the element must also account for the likelihood of 100 percent nonresidential development. The element lists recent trends for residential development in non-residential zones but should also consider the development activity of 100 percent nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly. This analysis may incorporate any proposed policies such as residential performance standards and prohibition of commercial uses.
Nonvacant Sites: The element must include an analysis demonstrating the potential for additional development on nonvacant sites. The element generally provides a description of the properties like location and whether the property owner submitted an interest form but does not describe the results of the form or why the property might redevelop in the planning period. To address this requirement, the element should address the extent to which existing uses may constitute an impediment to additional residential development, the Town’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
For your information, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Replacement Housing Requirements: The element identifies sites with existing residential uses. Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program
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that has the same requirements as set forth in Government Code section 65915, subdivision (c), paragraph (3). The housing element must be revised to include such analysis and a program, if necessary.
Small Sites: The element identifies several sites smaller than a half-acre. Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size and affordability were successfully developed during the prior planning period or other evidence demonstrates the suitability of the sites to accommodate housing for lowerincome households, including programs as appropriate.
Zoning for Lower-Income Households: The element must demonstrate zoning appropriate to accommodate housing for lower-income households. The sites inventory includes zones with densities of 14 to 22 units per acre (Medium Density Residential RM) that allocate units for lower income. However, the element does not include an analysis evaluating the adequacy of the R-M zone to encourage and facilitate the development of units affordable to lower-income households. For communities with densities that meet specific standards (allow at least 30 units per acre for Los Gatos), no analysis is required. Otherwise, the element must include an analysis based on, including but not limited to, factors such as market demand, financial feasibility and development experience within identified zones demonstrating how the adopted densities can accommodate housing for lower-income households.
SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the Town’s RHNA. To support these assumptions, the analysis must include experience, trends and market conditions that allow lot splits. The analysis must also include a nonvacant sites analysis demonstrating the affordability, likelihood of redevelopment and the existing use will not constitute as an impediment for additional residential use. The analysis should describe how the Town determined eligible properties, whether the assumed lots will have turnover, if the properties are easy to subdivide, and the condition of the existing structures or other relevant factors indicating additional development potential. The analysis should also describe interest from property owners as well as experience. The analysis should provide support for the assumption of eligible properties being developed within the planning period. Based on the outcomes of this analysis, the element should add or modify programs to establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development as well as monitor development every two years with and identify additional sites within six months if assumptions are not being met. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9.
Availability of Infrastructure: The element must demonstrate sufficient existing or planned water and sewer capacity to accommodate the Town’s RHNA for the planning period.
Zoning for a Variety of Housing Types:
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• Transitional and Supportive Housing: Transitional housing and supportive housing are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. The element must demonstrate compliance with this requirement or include a program if necessary.
• Permanent Supportive Housing: By right permanent supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate. • Employee Housing: The element should clarify if there are any zones that allow agriculture uses. If there are zones that allow agriculture uses, then the town must comply with California Health and Safety Code Section 17021.6. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.
• Manufactured Housing: The element must demonstrate zoning permits manufactured housing on a permanent foundation in the same manner and in the same zone as a conventional or stick-built structures are permitted (Government Code Section 65852.3) or add or modify programs as appropriate.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. The Town must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.
4. 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).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. For example, the element should analyze all development standards by zoning district for impacts on housing costs and ability to achieve maximum densities. The element should also discuss any local initiatives, referendums, moratoriums or other mechanisms (existing or proposed) that impact housing supply, cost, feasibility, timing and ability to achieve maximum densities. In addition, the analysis should specifically address the development standards in the North Forty Specific Plan, Mixed Use Commercial, and the HighDensity Residential zone. The analysis must evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve
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maximum densities. The Town could engage the development community to assist with this analysis.
Fees and Exaction: While the element lists the total fees per units for single-family and multifamily development, it should also list the fees that comprise that total and particularly impact fees then evaluate those total fees for impacts on development costs.
Local Processing and Permit Procedures: The element must describe and analyze the types of permits, extent of discretionary review including required approval findings, number of public hearings and processing time required for a typical single family and multifamily development that meets zoning requirements.
Housing for Persons with Disabilities: The element indicates the Town adopted a procedure for requesting reasonable accommodation for persons with disabilities (p. C23) and describes the procedure; however, the element should address criteria related to: “There would be no impact on surrounding uses” and include a program to address the constraint. In addition, residential care facilities for seven or more require a conditional use permit (CUP). The element should evaluate the CUP as a constraint and add a program to allow group homes in all residential zones with an objective and certain process similar to other residential uses.
Density Bonus: The element states the Town adopted a state density bonus program in June 2012. The Town’s current density bonus program should be reviewed for compliance with current State Density Bonus Law (SDBL). (Gov. Code, § 65915.). The element should include a program to update density bonus program. Program V is conducting a study to evaluate the existing Density Bonus Ordinance and recommend changes to increase the number of units constructed, however it should specifically commit to update the ordinance in compliance with state law.
Inclusionary Zoning Ordinance: The element mentions the Town’s inclusionary zoning ordinance, but it must also analyze the Town’s inclusionary housing requirements, including its impacts as potential constraints on the development of housing for all income levels. The analysis must evaluate the inclusionary broader policy’s implementation framework, including the percentage of new residential construction that is dedicated to affordable housing, the types of options and incentives offered, relationships with SDBL and any other factors that may impact housing costs.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards and fees for each parcel on the jurisdiction’s website.
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).)
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Special Housing Needs: While the element quantifies some of the Town’s special needs populations, it must also estimate the number of persons experiencing homelessness in the Town. In addition, the element reports data but must also analyze the special housing needs. For a complete analysis of each population group, the element should quantify the needs, evaluate trends and characteristics (e.g., tenure, income) of housing needs, discuss disproportionate challenges faced by the population, the existing resources to meet those needs, assess any gaps in resources or effectiveness of past strategies, describe the magnitude of the remaining need and appropriate propose policies and programs.
For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks.
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... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and achieve the goals and objectives of the housing element, programs should have specific commitment toward housing outcomes and discrete and early timing (e.g., at least annually or by Jan 2025).
Examples of programs to be revised include:
• Program K Small Multi-Unit Housing: The Program should include a timeline of when zoning code will be updated.
• M Lot Consolidation: The Program should include a quantification of approximately how many lot consolidations the town plans to facilitate. • Program R Development Impact and Permit Fees: The Program should include a completion timeline.
• Program S Affordable Housing Development: The Program should include quantification of approximately how many units will be incentivized. • Program T Purchase Affordability Covenants in Existing Apartments: The element should clarify the timeline to establish and implement the program (e.g., by 2024 and at least annually).
• Program AC Housing Opportunities for Persons Living with Disabilities: The Program must include a completion timeframe.
• Program AK Housing Conditions Survey: Program should be revised to include a specific timeline for when the housing condition survey will be conducted.
Additionally, the element should describe how often funding will be applied for (e.g., annually).
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• Program AR CDBG and Other Housing Rehabilitation Programs: The Program should clarify how often the Town will participate in the County of Santa Clara Community Development Block Grant Joint Powers Authority (e.g. annually, biannually).
• AS Countywide Home Repair Programs: The Program should include a numerical target (e.g., how many minor home repairs).
• AU Residential Rehabilitation Program: The Program should include a timeline commitment.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Program D Additional Housing Capacity: Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period. Program D appears to be intended to rezone sites to accommodate a shortfall of sites for the lowerincome- RHNA. However, the Program must be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example, the Program must commit to permit owner-occupied and rental multifamily uses by-right (without discretionary action) for developments in which 20 percent or more of the units are affordable to lower-income households.
Replacement Housing Requirements: The housing element must include a program to provide replacement housing. (Gov. Code, § 65583.2, subd. (g)(3).) The replacement housing program must adhere to the same requirements as set forth in Government Code section 65915, subdivision (c), paragraph (3).
3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Program S (Affordable Housing Development): While the program targets extremely low income and other special needs groups, it should also include very low- and low-income
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households. The Program should be revised to include outcome-oriented commitments such as annual outreach with developers and identification of development or housing opportunities.
4. 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 Finding B4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing 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... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the Town may need to revise or add or modify goals and actions. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, milestones, geographic targeting and metrics or numerical targets and, as appropriate, address housing mobility enhancement, new housing choices and affordability in higher opportunity or higher income areas, placebased strategies for community revitalization and displacement protection. For example, the element must add significant and meaningful housing mobility actions to overcome the existing patterns in the Town related to the broader region.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).) Program U Accessory Dwelling Units (ADU): While the element includes a program to incentivize ADU development by waiving fees when an ADU is deed restricted for very low-, and low-income households, it should also provide other incentives that incentivize and promote the creation of ADUs that can be offered at affordable rent. The element could consider other ADU incentives such as exploring and pursuing funding, modifying development standards, and reducing fees beyond state law, pre-approved plans, and homeowner/applicant assistance tools. Finally, the program should commit to monitor the production and affordability of ADUs (e.g., every other year) and make adjustments, if necessary, by a date certain (e.g., within six months).
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D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element did not address this requirement. The element must include quantified objectives to establish an estimate of housing units by income category, including extremely low-income households, that can be constructed, rehabilitated, and conserved over the planning period.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element described various efforts to achieve public participation in the preparation of the housing element update, it should also describe how comments were considered and incorporated into the element.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the Town must continue to engage the community, especially organizations that represent lower-income and special needs households, including local neighborhood groups and commenters on this review such as Silicon Valley@Home, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
F. General Plan Consistency
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The Town must discuss how internal consistency will be maintained and achieved with other elements of the general plan throughout the planning period.
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY
BOARD REPORT
MINUTES OF THE HOUSING ELEMENT ADVISORY BOARD
FEBRUARY 16, 2023
The Housing Element Advisory Board of the Town of Los Gatos conducted a Regular Meeting on February 16, 2023, at 7:00 p.m., via teleconference.
This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044 this meeting was not physically open to the public and the Advisory Board Members were teleconferencing from remote locations. Members of the public were able to participate in the meeting by joining the Zoom webinar (log in information provided below).
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Chair Melanie Hanssen; Vice Chair Kathryn Janoff; Council Member Matthew Hudes; Council Member Rob Moore; Board Member Joseph Mannina; Board Member Adam Mayer; Board Member Steven Piasecki; and Board Member Ryan Rosenberg.
Absent: Planning Commissioner Emily Thomas; and Board Member Randi Chen.
Staff present: Jennifer Armer; Joel Paulson; Jocelyn Shoopman; Erin Walters; and Gabrielle Whelan.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Minutes – December 1, 2022
MOTION: Motion by Board Member Piasecki to approve adoption of the Consent Calendar. Seconded by Board Member Mannina.
VOTE: Motion passed unanimously 8-0.
ATTACHMENT 2
PAGE 2 OF 4
MINUTES OF HOUSING ELEMENT ADVISORY BOARD MEETING OF FEBRUARY 16, 2023 N:\DEV\HEAB\2021-2023\HEAB Minutes\2023\02-16-2023- Minutes - HEAB.docx
DISCUSSION ITEMS
2. Review the California Department of Housing and Community Development’s (HCD) findings/comment letter received by the Town on January 12, 2023 and discuss possible modifications to the Draft Housing Element.
Presentation by Jocelyn Shoopman.
Chair Hanssen states that this is a good opportunity to ask about the timeline for the Housing Element along with focus on the comments made by the HCD and public. Staff is not asking us to go through each comment, but rather to touch on any specific comments that should be discussed to provide more direction to staff to respond to those comments.
Housing Element Advisory Board (HEAB) member’s comments and questions:
• Should the Housing Element be described as a Draft?
• Does Table D-1 require modification in response to the HCD findings/comment letter? • Is there a concern by staff about the May 31, 2023, deadline? • How should HEAB members communicate with residents on the timeline of the Housing Element Update?
• Will HCD be providing staff with comments on the recently submitted Draft Housing Element?
• If staff makes changes to the Draft Housing Element currently under review by HCD, which version will HCD provides comments on?
• Did the Town receive the same number of comments from HCD as other Bay Area jurisdictions?
• One of the comments the Town received from HCD talks about describing the consistency between the Housing Element and the General Plan. When the Housing Element is certified, what are the next steps for the General Plan?
VERBAL COMMUNICATIONS
Lee Quintana
While I am not surprised that HCD comment list is as long as it is, I am surprised that only one of the comments has been addressed so far. I would also like to know happens when a permit application comes in, after our Housing Element has been certified and implemented, how the application gets reviewed against the Housing Element and Zoning Code. What happens when a project comes in that is not consistent with the anticipated changes with the Zoning Code? Does the General Plan take precedence over the Housing Element if there is a conflict?
PAGE 3 OF 4
MINUTES OF HOUSING ELEMENT ADVISORY BOARD MEETING OF FEBRUARY 16, 2023 N:\DEV\HEAB\2021-2023\HEAB Minutes\2023\02-16-2023- Minutes - HEAB.docx HEAB member’s comments and questions (continued):
• There was a comment about the different income levels. What do we have to do to satisfy this comment?
• Item 3, Racially Concentrated Areas of Affluence (RCAA) and Item 8, other relevant factors, are two comments that came up. What implementation programs does the Town have in the Housing Element to address these comments? • Is there a process built in where if we don’t agree with our reviewer, we can consult another person at HCD?
• Is there anything that will be a substantive and/or fundamental modification to the document since most comments appear to be asking for more narrative? • Going back to Item 8, other relevant information. Most people in our community are not aware that this is on many home deeds in Town. It is important to touch on our history.
• It does not look like the Town has transitional, permanent supportive housing in the Housing Element. Will we be including this in the Zoning Code moving forward? • If we do not have a property interest form for a site, are we actively contacting the larger non-vacant sites to see if the site could become available? • The comments from SV@Home are very detailed and staff should consider incorporating most, if not all, of the comments made.
• Comments from South Bay YIMBY about ending apartment bans in high opportunity areas. It appears that the Town has banned over 93.6 percent apartment builds. This might be something to look at.
• There appear to be several comments around government barriers such as how long it takes to get an approved building permit. We may want to look at our Town’s permit processes to see if there are changes to help lessen the governmental barriers. • Comments made by a Planning Commissioner to modify some of the definitions provided in the Housing Element look to be a good recommendation and will help to make the language more modern.
• One constraint that could be looked at are story poles based on their cost constraint. • Are we using the same consultants we used for the General Plan? • California Renters in 350 Contra Costa stated that we may not be meeting the deadline for declaring if CEQA is required. Is there any merit to that?
VERBAL COMMUNICATIONS
None.
HEAB member’s comments and questions (continued):
• Once the revised version goes to HEAB and is approved, does the Town have to do another seven-day public review period?
• Supposing some of the comments are major, would we still submit a draft to HCD while simultaneously working on another draft?
PAGE 4 OF 4
MINUTES OF HOUSING ELEMENT ADVISORY BOARD MEETING OF FEBRUARY 16, 2023 N:\DEV\HEAB\2021-2023\HEAB Minutes\2023\02-16-2023- Minutes - HEAB.docx • Once HCD states that the Housing Element is ready to be certified, they will not certify the document until it has been approved by Planning Commission and Town Council, correct?
• Can staff provide a percentage or brief description of work completed based on the comments we have already received?
ADJOURNMENT
The meeting adjourned at 8:17 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
February 16, 2023, meeting.
/s/Joel Paulson, Director of Community Development
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
MEETING DATE: 03/16/2023
ITEM NO: 2
TOWN OF LOS GATOS
HOUSING ELEMENT ADVISORY BOARD REPORT
DATE: March 9, 2023
TO: Housing Element Advisory Board
FROM: Joel Paulson, Community Development Director
SUBJECT: Review and Discuss the Town’s Revised Draft Housing Element Addressing the California Department of Housing and Community Development’s (HCD) Findings/Comment Letter Received by the Town on January 12, 2023.
BACKGROUND:
On January 12, 2023, the Town received HCD’s findings/comment letter on the Draft Housing Element (Attachment 1). The findings/comment letter from HCD provides a list of recommended revisions.
On January 30, 2023, the Town Council adopted the 2023-2031 Draft Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law with the revised Sites Inventory Analysis and revised Sites Inventory Form. The adopted 2023- 2031 Draft Housing Element is available online at: https://www.losgatosca.gov/1735/GeneralPlan---Housing-Element.
The 2023-2031 Draft Housing Element as adopted by the Town Council on January 30, 2023, was required to be available to the public for a seven-day review period prior to HCD resubmittal. The seven-day public review period was from February 3, 2023, to February 10, 2023.
On February 13, 2023, the Town submitted the adopted 2023-2031 Draft Housing Element to HCD. A cover letter was included in the submittal describing that the Town is in the process of addressing all the remaining comments found in the HCD findings/comment letter and will be resubmitting a revised Draft Housing Element after all the revisions have been completed. The cover letter and submittal documents are available online at:
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
ATTACHMENT 3
PAGE 2 OF 4
SUBJECT: Review and Discuss the Town’s Revised Draft Housing Element DATE: March 9, 2023
BACKGROUND (continued):
On February 16, 2023, the Housing Element Advisory Board (HEAB) held a meeting to review and discuss the HCD findings/comment letter, and how the comments and findings would be addressed. The HEAB provided direction to staff to consider incorporating the following the comments into the revised Draft Housing Element: the suggested modifications detailed in the letter submitted by SV@Home; the installation of story poles as a constraint to residential development; comments provided by a Planning Commissioner; and inclusion of the Town’s history of racial covenants included within deeds for residential properties.
DISCUSSION:
The purpose of this meeting is to review and discuss the revised Draft Housing Element, addressing the HCD’s findings/comment letter. Staff has prepared a response memorandum describing each of HCD’s comments and a summary of modifications (Attachment 2). The following summarizes modifications to the Sites Inventory:
Sites Inventory
1. The number of units for the Pipeline Projects increased from 176 units to 201 units due to an update of active Planning entitlements.
2. The removal of Site C-7 and Site C-8 due to a Property Owner Interest Form not being submitted:
• Site C-7 – 15495 Los Gatos Boulevard [Assessor’s Parcel Number (APN): 424-22-030]; and
• Site C-8 – 15445 Los Gatos Boulevard (APN: 424-19-068).
3. The addition of four new parcels, Sites C-7 through C-9 due to the submittal of Property Owner Interest Forms:
• Site C-7 – 16151 Los Gatos Boulevard (APN: 529-16-040); • Site C-8 – 620 Blossom Hill Road (APN 529-16-041); and • Site C-9 – 15480 Los Gatos Boulevard and 15500 Los Gatos Boulevard (APN: 424-14-034 and -035).
4. An overall increase in the total of housing units from 2,312 to 2,494 due to an increase in the Pipeline Projects and Sites Inventory, as described in the table on the following page.
Should the HEAB wish to reduce the total number of units proposed in the revised Draft Housing Element, staff has identified two parcels in which a Property Owner Interest Form has not been submitted and could be removed, while still complying with the Town’s Regional Housing Needs Allocation (RHNA) and required buffer of at least of 15 percent:
• Site E-3 – CalTrans Right of Way (no APN) [69 units]; and • Site F-2 – 206 Knowles Drive (APN 424-32-076) [72 units].
PAGE 3 OF 4
SUBJECT: Review and Discuss the Town’s Revised Draft Housing Element DATE: March 9, 2023
DISCUSSION (continued):
Site
Inventory
Accessory
Dwelling
Unit
Senate
Bill 9
Pipeline
Projects Total RHNA Requirement Buffer
Adopted Draft
Housing Element 1,840 200 96 176 2,312 1,993 319 over RHNA16% buffer Revised Draft Housing
Element
(Attachment 3)
1,997 200 96 201 2,494 1,993 501 over RHNA
25% buffer
Draft Housing
Element if modified
further to remove
Sites E-3 and F-2
1,856 200 96 201 2,353 1,993 360 over RHNA
18% buffer
Both the HEAB’s direction and staff’s edits have been incorporated into the following sections of the revised Draft Housing Element:
• Section 10.1, Introduction;
• Section 10.3, Site Inventory and Opportunities;
• Section 10.5, Goals, Policies, and Implementation Programs; • Section 10.6, Implementation Programs;
• Appendix A, Affirmatively Furthering Fair Housing Reports; • Appendix B, Housing Needs Assessment;
• Appendix C, Governmental and Non-Governmental Constraints; • Appendix D, Vacant and Available Sites;
• Appendix E, Review of Previous Housing Element;
• Appendix F, List of Organizations Contacted; and
• Appendix H, Sites Inventory Form.
HCD Findings/Comment Letter
Staff has prepared a response memorandum breaking HCD’s findings/comment letter into individual comments and summarizing the modifications made to the revised Draft Housing Element (Attachment 2).
HCD requires that a track change copy (Attachment 3) and a clean copy of the revised Draft Housing Element be submitted to clearly show the changes between the iterations of the Draft Housing Element. The clean copy of the revised Draft Housing Element is available online at:
https://www.losgatosca.gov/1735/General-Plan---Housing-Element.
PAGE 4 OF 4
SUBJECT: Review and Discuss the Town’s Revised Draft Housing Element DATE: March 9, 2023
NEXT STEPS:
Based on the review and a recommendation from the HEAB, a revised Draft Housing Element would then be available to the public for a seven-day review period as required by Assembly Bill 215. HCD requires that a track change copy and a clean copy of the revised Draft Housing Element be available for viewing during the seven-day review period. In addition, an email will be sent to all individuals and organizations that previously requested notices relating to the Town’s Housing Element Update.
Following the seven-day review period, the Town will resubmit to HCD for review. Subsequent review by HCD will take up to 60 days. Based on the experience of neighboring jurisdictions, HCD could issue a second comment letter. Once HCD determines and communicates that the Town’s Draft Housing Element is ready for certification, the public hearing process for adoption will occur again with the Planning Commission making a recommendation and the Town Council making the final decision on adoption of the Housing Element.
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
Public comments are encouraged throughout the Housing Element update process and can be emailed to [email protected].
ATTACHMENTS:
1. January 12, 2023, HCD Findings/Comment Letter
2. Response Memorandum to HCD’s Findings Comment Letter
3. Revised Draft Housing Element, Track Changes
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 12, 2023
Joel Paulson, Director
Community Development Department
Town of Los Gatos
110 E Main Street,
Los Gatos, CA 95030
Dear Joel Paulson:
RE: Town of Los Gatos’ 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the Town of Los Gatos draft housing element received for review on October 14, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from YIMBY Law and Greenbelt Alliance, Kylie Clark, Silicon Valley@Home and Campaign for Fair Housing Elements and YIMBY Law, pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c), shall be completed no later than one year from the statutory deadline. Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until any necessary rezones are completed.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting ATTACHMENT 1
Joel Paulson, Director
requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates your hard work provided in the housing element update. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected] .
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 1 January 12, 2023
APPENDIX
TOWN OF LOS GATOS
The following changes are necessary to bring the Town’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 https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks 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 review requirement is one of the most important features of the element update. The review of past programs should describe progress in implementation of previous actions, including results compared to objectives and evaluate the effectiveness of actions to make appropriate adjustments in the current planning period. In the most cases, the element does not describe any progress in implementation and particularly housing related outcomes and then simply concludes to continue or modify programs. For example, the prior element had a program to implement the below market rate program and evaluate the program as a constraint. The element reports the program was implemented. There is no discussion of outcomes or an evaluation of constraints. Then, the element concludes the program will be modified but the new program does not appear to adjust on past efforts.
The element must fully describe past commitments, progress in implementation, evaluate effectiveness and then discuss appropriate adjustments in the current planning period.
In addition, the element must provide an evaluation of the cumulative effectiveness of past 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) and revise programs as appropriate.
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).)
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 2 January 12, 2023
Regional Level Patterns and Trends: While the element includes several maps and tables and reports data, it generally must evaluate the data and especially at a regional level, comparing the Town to the broader region. This is particularly important since the Town appears far different from the rest of the region. The analysis should address all components of the assessment of fair housing (e.g., segregation and integration, disparities in access to opportunity) and should focus on race, income, and overall access to opportunity). The analysis should address trends and incorporate local data and knowledge and other relevant factors (See below).
Income and Racial Concentration of Affluence (RCAA): The element briefly mentions incomes in the Town compared to the region and notes it is safe to speculate the Town has neighborhoods that are RCAAs; however, the entire Town is a RCAA and the element should incorporate this information. Please see HCD’s Affirmatively Furthering Fair Housing (AFFH) Data Viewer at https://affh-data-resources-cahcd.hub.arcgis.com/.
The element should include specific analysis of income and RCAA at a regional level (Town compared to the broader region). The analysis should at least address trends, conditions, coincidence with other fair housing factors (e.g., race, highest resource, overpayment), effectiveness or absence of past strategies (e.g., lack of publicly assisted housing and lack of multifamily zoning), local data and knowledge and other relevant factors. The element must add or modify meaningful programs based on the outcomes of this analysis, including actions to improve housing mobility within and beyond Town boundaries.
Disparities in Access to Opportunity: While the element provided a general analysis of opportunity areas, and high-level conclusions about the Town’s disparities in access to opportunity, it should analyze trends and patterns related to access to transportation on a local and regional level.
Disproportionate Housing Needs, Including Displacement Risk: The element includes some information on cost burden and overcrowding but should also discuss local patterns of housing conditions. For example, the element should discuss areas of the Town where proportions of housing units needing rehabilitation may be higher than other areas and may utilize local knowledge such as qualitative information from code enforcement staff.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include data on the location of regional housing need allocation (RHNA) sites by income group relative to all fair housing components. The analysis should address the number of units by income group and location, any isolation of the RHNA by income group, magnitude of the impact on existing concentrations of socio- economic characteristics and discuss how the sites improve fair housing conditions. The analysis should be supported by local data and knowledge and other relevant factors and programs should be added or modified as appropriate to promote inclusive and equitable communities.
Local Data and Knowledge: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the Town related to
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 3 January 12, 2023
fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers, Town staff and related local and County planning documents.
Other Relevant Factors: While the element includes some general background on exclusionary practices, it should relate these situations to the Town and complement data and mapping with other relevant factors that contribute to fair housing issues in the Town. For instance, the element can analyze historical land use; zoning and barriers to housing choices such as past denials of affordable housing, local land use initiatives or proposed referendums; investment practices; seeking investment or lack of seeking investment to promote affordability and inclusion; information about redlining/greenlining, restrictive covenants and other discriminatory practices; land use related lawsuits; local land use initiatives; demographic trends, or other information that complements the state and federal data.
Contributing Factors to Fair Housing Issues: Upon a complete AFFH analysis, the element must assess and prioritize contributing factors to fair housing issues and add or modify programs as appropriate.
2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Conditions: The element provides some information on age of the housing stock. However, it must estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable organizations. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/housing-stock-characteristics.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Pipeline Projects: The element includes a list of 176 units through pipeline projects on page D-38. While the element may utilize pipeline and potential development projects toward the RHNA, it must also demonstrate their affordability and availability in the planning period. Affordability must be demonstrated based on actual sales price, rent level or other mechanisms ensuring affordability (e.g., deed restrictions). Availability should account for the likelihood of project completion in the planning period and should address the status, necessary steps to issue permits, any barriers to development and other relevant factors.
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 4 January 12, 2023
Sites Inventory: The element must clarify what the allowable density is for the North Forty Specific Plan identified in Table A. The inventory indicates sites zoned under the North Forty Specific Plan where the minimum and maximum densities is the same (i.e., 30 units per acre). If the densities are the same, the element should include a specific analysis of the range as a potential constraint.
Realistic Capacity: The element must include a methodology for calculating the realistic residential capacity of identified sites. The methodology must be adjusted as necessary, based on the land use controls and site improvements and typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction.
For example, the element could clearly list other recent projects, the zone, acreage, built density, allowable density, level of affordability and presence of exceptions such as a density bonus.
In addition, the element must also account for the likelihood of 100 percent nonresidential development. The element lists recent trends for residential development in non-residential zones but should also consider the development activity of 100 percent nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly. This analysis may incorporate any proposed policies such as residential performance standards and prohibition of commercial uses.
Nonvacant Sites: The element must include an analysis demonstrating the potential for additional development on nonvacant sites. The element generally provides a description of the properties like location and whether the property owner submitted an interest form but does not describe the results of the form or why the property might redevelop in the planning period. To address this requirement, the element should address the extent to which existing uses may constitute an impediment to additional residential development, the Town’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
For your information, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Replacement Housing Requirements: The element identifies sites with existing residential uses. Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 5 January 12, 2023
that has the same requirements as set forth in Government Code section 65915, subdivision (c), paragraph (3). The housing element must be revised to include such analysis and a program, if necessary.
Small Sites: The element identifies several sites smaller than a half-acre. Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size and affordability were successfully developed during the prior planning period or other evidence demonstrates the suitability of the sites to accommodate housing for lowerincome households, including programs as appropriate.
Zoning for Lower-Income Households: The element must demonstrate zoning appropriate to accommodate housing for lower-income households. The sites inventory includes zones with densities of 14 to 22 units per acre (Medium Density Residential RM) that allocate units for lower income. However, the element does not include an analysis evaluating the adequacy of the R-M zone to encourage and facilitate the development of units affordable to lower-income households. For communities with densities that meet specific standards (allow at least 30 units per acre for Los Gatos), no analysis is required. Otherwise, the element must include an analysis based on, including but not limited to, factors such as market demand, financial feasibility and development experience within identified zones demonstrating how the adopted densities can accommodate housing for lower-income households.
SB 9 Sites: The element identifies SB 9 as a strategy to accommodate the part of the Town’s RHNA. To support these assumptions, the analysis must include experience, trends and market conditions that allow lot splits. The analysis must also include a nonvacant sites analysis demonstrating the affordability, likelihood of redevelopment and the existing use will not constitute as an impediment for additional residential use. The analysis should describe how the Town determined eligible properties, whether the assumed lots will have turnover, if the properties are easy to subdivide, and the condition of the existing structures or other relevant factors indicating additional development potential. The analysis should also describe interest from property owners as well as experience. The analysis should provide support for the assumption of eligible properties being developed within the planning period. Based on the outcomes of this analysis, the element should add or modify programs to establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development as well as monitor development every two years with and identify additional sites within six months if assumptions are not being met. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9.
Availability of Infrastructure: The element must demonstrate sufficient existing or planned water and sewer capacity to accommodate the Town’s RHNA for the planning period.
Zoning for a Variety of Housing Types:
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 6 January 12, 2023
• Transitional and Supportive Housing: Transitional housing and supportive housing are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. The element must demonstrate compliance with this requirement or include a program if necessary.
• Permanent Supportive Housing: By right permanent supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate. • Employee Housing: The element should clarify if there are any zones that allow agriculture uses. If there are zones that allow agriculture uses, then the town must comply with California Health and Safety Code Section 17021.6. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.
• Manufactured Housing: The element must demonstrate zoning permits manufactured housing on a permanent foundation in the same manner and in the same zone as a conventional or stick-built structures are permitted (Government Code Section 65852.3) or add or modify programs as appropriate.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. The Town must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at [email protected] for technical assistance.
4. 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).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. For example, the element should analyze all development standards by zoning district for impacts on housing costs and ability to achieve maximum densities. The element should also discuss any local initiatives, referendums, moratoriums or other mechanisms (existing or proposed) that impact housing supply, cost, feasibility, timing and ability to achieve maximum densities. In addition, the analysis should specifically address the development standards in the North Forty Specific Plan, Mixed Use Commercial, and the HighDensity Residential zone. The analysis must evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve
Town of Los Gatos 6th Cycle (2023-2031) Draft Housing Element Page 7 January 12, 2023
maximum densities. The Town could engage the development community to assist with this analysis.
Fees and Exaction: While the element lists the total fees per units for single-family and multifamily development, it should also list the fees that comprise that total and particularly impact fees then evaluate those total fees for impacts on development costs.
Local Processing and Permit Procedures: The element must describe and analyze the types of permits, extent of discretionary review including required approval findings, number of public hearings and processing time required for a typical single family and multifamily development that meets zoning requirements.
Housing for Persons with Disabilities: The element indicates the Town adopted a procedure for requesting reasonable accommodation for persons with disabilities (p. C23) and describes the procedure; however, the element should address criteria related to: “There would be no impact on surrounding uses” and include a program to address the constraint. In addition, residential care facilities for seven or more require a conditional use permit (CUP). The element should evaluate the CUP as a constraint and add a program to allow group homes in all residential zones with an objective and certain process similar to other residential uses.
Density Bonus: The element states the Town adopted a state density bonus program in June 2012. The Town’s current density bonus program should be reviewed for compliance with current State Density Bonus Law (SDBL). (Gov. Code, § 65915.). The element should include a program to update density bonus program. Program V is conducting a study to evaluate the existing Density Bonus Ordinance and recommend changes to increase the number of units constructed, however it should specifically commit to update the ordinance in compliance with state law.
Inclusionary Zoning Ordinance: The element mentions the Town’s inclusionary zoning ordinance, but it must also analyze the Town’s inclusionary housing requirements, including its impacts as potential constraints on the development of housing for all income levels. The analysis must evaluate the inclusionary broader policy’s implementation framework, including the percentage of new residential construction that is dedicated to affordable housing, the types of options and incentives offered, relationships with SDBL and any other factors that may impact housing costs.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards and fees for each parcel on the jurisdiction’s website.
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).)