Agenda packet — Los Gatos City Council, March 5, 2024 (part 1 of 2)

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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 Zoom Webinar (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.

HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
 Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please click this URL to join: https://losgatoscagov.zoom.us/j/87990205790?pwd=dmpamPBcXdCETViBBFE2ye6LqQV3DA.AJrjhk5XGKkX_b2X Passcode: 025968 You can also type in 87990205790 in the “Join a Meeting” page on the Zoom website at zoom.us/join and use passcode 025968.

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.
 Telephone: Please dial (877) 3361839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 686100)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
 In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) 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). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.

TOWN OF LOS GATOS

COUNCIL MEETING AGENDA
MARCH 05, 2024
110 EAST MAIN STREET AND TELECONFERENCE

TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member

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CALL MEETING 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)).

PLEDGE OF ALLEGIANCE
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 Page 1 of this agenda.

If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)

1. Approve Minutes of the February 20, 2024 Town Council Meeting.

2. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Define ‘By Right Approvals’ and Amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to Clarify Regulations Applicable to “By Right” and “Non By Right” Residential Development in the Housing Element Overlay Zone. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-24-001. APPLICANT: Town of Los Gatos. PROJECT PLANNERS:

Jocelyn Shoopman and Erin Walters.

3. Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission and Modify the Town Council Commission Appointment Policy 2-11 for Consistency.

4. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official.”

5. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,531 to Recognize Receipt and Expenditure of Pacific Library Partnership Grant Funds.

6. Authorize the Town Manager to Execute a Second Amendment with Forbes Mill, LLC for 75 Church Street.

7. Authorize an Additional $10,000 from the County of Santa Clara County Grant for Unhoused Los Gatos Residents to Be Used for the Hotel Program.

8. Adopt the Proposed Modification to the Commission Appointment Policy 2-11 as Recommended by the Council Policy Committee.

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. 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. Each speaker is limited to

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no more than three (3) minutes or such time as authorized by the Mayor.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)

9. Discuss and Provide Direction on the Proposed Revisions to the Draft Revised 2023-2031 Housing Element and Next Steps. Location: Town-Wide. General Plan Amendment Application GP-22-003.

10. Review Input on the Interim Community Center and Authorize the Town Manager to Issue a Request for Proposals for Potential Service Providers.

11. Parking Program (CIP No. 813-0242):
a. Authorize an Expenditure Budget Decrease Adjustment of Previously Allocated Funds in Program 5101 (PPW Administration) from $200,000 to $168,955; b. Authorize a Budget Transfer of $168,955 from the Previously Allocated Funds from Program 5101 (PPW Administration) to the Parking Program Implementation Project (CIP No. 411-813-0242); and
c. Authorize the Town Manager to Execute an Agreement with Dixon Resources Unlimited for Parking Program Management in the Amount of $168,955.

12. Provide Direction Regarding the Development of a Labor Negotiations Policy Similar to the City of Menlo Park as Recommended by the Finance Commission.

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.)

13. Consider the Adoption of a Resolution Denying an Appeal of a Planning Commission Decision that Approved the Demolition of an Existing Single-Family Residence and Construction of a New Single-Family Residence with Reduced Setbacks on a NonConforming Property Zoned R-1D. Located at 212 Thurston Street. APN 410-15-039. This Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section 15303(a): New Construction or Conversion of Small Structures. PROPERTY OWNER/APPLICANT: Meleah Guillardo. PROJECT PLANNER: Maria Chavarin.

OTHER BUSINESS

14. Authorize the Town Manager to Send a Letter to Tait Firehouse, LLC to Terminate the Lease for 4 Tait Avenue.

COUNCIL / MANAGER MATTERS
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.

Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, February 20, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, February 20, 2024, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:00 P.M.

ROLL CALL

Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.

Absent: None

PLEDGE OF ALLEGIANCE
Korwin Johnson led the Pledge of Allegiance. The audience was invited to participate.

CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session last week to discuss real property negotiations pursuant to Government Code Section 54956.8 and stated the Town Council unanimously voted to authorize staff to terminate a master lease for the property located at 4 Tait Ave.

COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Hudes stated he participated in a Foundation for Older Adults to Thrive meeting, a Silicon Valley Regional Interoperability Authority meeting, Cities Association Selection Committee meeting, Cities Association Board meeting, an Emergency Radio Communications Planning Session; participated in the Los Gatos Foundation for Older Adults to Thrive Board meetings, a Finance Commission meeting; and attended a Community Health and Senior Services (CHSSC) special meeting. - Council Member Rennie stated he met with Los Gatos-Saratoga Recreation Center Executive Director Nancy Rollett; attended the Silicon Valley Clean Energy Authority (SVCEA) CEO and Board meetings; and attended a Finance Commission meeting. - Council Member Moore stated he met with many people including Chair Yamate of the Diversity, Equity, and Inclusion (DEI) Commission, with Campbell Council Member Sergio Lopez, San Jose Spotlight and Los Gatos Weekly Times/Mercury News reporters; spoke with CADRE (Collaborating Agencies’ Disaster Relief Effort); hosted his Council Member Happy Hour and Community Coffee; attended the Los Gatos Anti-Racism Coalition Book Club; judged the Los Gatos Lions Club speech contest; chaired the West Valley Sanitation District Board meeting; and observed a Finance Commission meeting.

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PAGE 2 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024
- Council Member Ristow stated she attended the Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting, and a Cities Association Board meeting; met with Nancy Rollett to discuss the Los Gatos-Saratoga Recreation Center; and attended the Live Oak Nutrition and Service Center’s Lunar New Year Celebration, the State of the City Address for Cupertino, and a celebration of life for former Monte Sereno Mayor Jack Lucas. - Mayor Badame stated she met with the CEO of Jewish Family Services, and with residents of the proposed Community Garden neighborhood; observed a Finance Commission meeting; met with the Chair of the Finance Commission; attended the Lunar New Year Celebration at Live Oak Senior Nutrition and Service Center; and performed a ribbon cutting at Breaking Dawn Brunch.

Manager Matters
- Announced the Community Police Academy applications are due on February 26, 2024, and more information can be found on the Police Department webpage. - Announced a mid-cycle Board, Commission, and Committee recruitment is open and stated applications are due on March 4, 2024, at 4:00 p.m. and more information can be found on the Town Clerk webpage.
- Announced the Planning Commission will consider a draft Temporary Sign Ordinance on February 28, 2024, and invited the public to attend the meeting.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve Minutes of the February 6, 2024 Closed Session Town Council Meeting.

2. Approve Minutes of the February 6, 2024 Town Council Meeting.

3. Approve Minutes of the February 13, 2024 Closed Session Town Council Meeting.

4. Approve Minutes of the February 13, 2024 Special Town Council Meeting.

5. Receive the Monthly Financial and Investment Report for December 2023.

6. Approve the Report Entitled “Vegetation Management Plan for the Town of Los Gatos, Santa Clara County, California” Dated June 2021.

7. Parking Program Implementation-Wayfinding and Signage (CIP No. 813-0242):
a. Reject All Bids Opened on January 19, 2024, and
b. Authorize Town Manager to Re-bid the Project.

8. Consider Approval of On-Call Consultants List for Engineering and Design Support Services.

9. Approve the Following Action for the Highway 17 Bicycle and Pedestrian Overcrossing (Project No. 818-0803):
a. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with BKF Engineers Inc. for Construction Phase Grant Writing Services, increasing the amount by $48,735 for a Total Agreement Not to Exceed $3,048,735.

10. Adopt a Resolution to Designate the Town’s Agents By Title to Obtain Federal and/or State Financial Assistance Through the California Governor’s Office of Emergency Services (Cal OES). RESOLUTION 2024-008
Mayor Badame opened public comment.

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SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024
No one spoke.

Mayor Badame closed public comment.

MOTION: Motion by Council Member Ristow to approve consent items 1-10. Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

VERBAL COMMUNICATIONS
Patrick Kearns, Water Rate Advocates for Transparency Equity & Sustainability (WRATES) - Requested Council consider submitting a written comment regarding the Town’s experience with a severed water main on Villa Avenue to the California Public Utilities Commission (CPUC) as part of its consideration of the application by San Jose Water.

Lynley,
- Commented on censorship.

OTHER BUSINESS

11. Review and Discuss the Proposed Revisions to the Draft Revised 2023-2031 Housing Element. Location: Town-Wide. General Plan Amendment Application GP-22-003.

Jocelyn Shoopman, Associate Planner, presented the staff report.

Council asked preliminary questions.

Mayor Badame opened public comment.

Iddo Hadar
- Commented on concerns with proposed residential projects.

Lisa Harris
- Commented in support of the proposed language for Programs J and AY made at the previous meeting.

Kerri Dunlay
- Commented on concerns with the State mandates.

Richard Kananen
- Commented on the intent of a motion made at the prior meeting.

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SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024
Lee Quintana
- Commented on having a full analysis, finding agreeable solutions, and using positive criteria.

Susan Burnett
- Commented on the wording of a previous motion related to Programs AY and J.

Lynley
- Commented on challenging the State housing mandates.

Ron
- Commented on challenging the State housing mandates.

Bill Highstreet
- Commented on State requirements and balancing the needs of the community.

Eric Beckstrom
- Commented on differing viewpoints and speaking with compassion.

Pat Kearns
- Commented on unity and speaking with respect.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Hudes to include the language that HCD included in their letter, to add the words “including the combination of small multi-unit housing, religious institutions, Junior Accessory Dwelling Units (JADU) and SB10” to Program J. Seconded by Mayor Badame.

Vice Mayor Hudes clarified the motion is to modify the language listed in the Quantified Objective (bottom of the first page of Attachment 15) starting with the words “Increase the number small multi-unit housing developments. ” He stated the intent of the motion was to increase the number of units including a combination of small multi-unit housing, religious institutions, Junior Accessory Dwelling Units (JADU) and SB10. He further clarified the intent is to change the words “small multi-unit housing developments“ to “the combination of small multi-unit housing, religious institutions, Junior Accessory Dwelling Units (JADU) and SB10” and the rest of the language would remain with the 50 to 150.

VOTE: Motion passed unanimously.

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SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024
MOTION: Motion by Vice Mayor Hudes to ask the Town Manager to share any information regarding the Housing Element with the Council that has been provided to HCD or received from HCD whether written or oral with 24 hours of receipt. Seconded by Mayor Badame.

VOTE: Motion passed unanimously.

MOTION: Motion by Vice Mayor Hudes to include the Mayor or their Council Member designee in a listening only mode on all discussions with HCD regarding the Housing Element. Seconded by Mayor Badame.

VOTE: Motion fails by a 2-3 vote. Council Members Rennie, Moore, and Ristow voted no.

MOTION: Motion by Council Member Moore to strike the approved language from the previous Council Meeting and replace it with the original language that reads “expand housing in a variety of neighborhoods.” Seconded by Council Member Ristow.

Council Member Moore clarified his motion is to strike the second paragraph (on the second page of Attachment 15) that starts with the language “modify the zoning code to facilitate…” and replace it with “update the zoning code to facilitate small multi-unit housing in the low to medium residential density designation.”
SUBSTITUTE MOTION: Motion by Vice Mayor Hudes to replace the language at the bottom of the gray paragraph (on the second page of Attachment 15) that starts with the words “This zoning will occur in a variety of areas throughout the town…” with the following language: “The modification of the zoning code to facilitate small multi-unit housing will occur in a variety of areas throughout the Town but in no event in any of the following areas or locations: Very High Fire Hazard Severity Zones (VHFHSZ), historic districts, adjacent to homes in our historic inventory (currently pre-1941 homes), hillside residential zones, within 500 feet of an evacuation route or farther than one half mile of a transit stop.” Seconded by Mayor Badame.

VOTE: Motion passed by a 3-2 vote. Council Members Moore and Ristow voted no.

Council Member Moore withdrew his original motion.

Recess 9:24 p.m.

Reconvene 9:33 p.m.

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PAGE 6 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024
The Council discussed the Housing Element further.

MOTION: Motion by Mayor Badame to continue this item to allow staff the opportunity to evaluate the reviewer’s comments and bring it back at the next Council meeting if not sooner. Seconded by Council Member Ristow.

VOTE: Motion passed unanimously.

PUBLIC HEARINGS

12. Approve a Recommendation of the Planning Commission to Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Define ‘By Right Approvals’ and Amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to Clarify Regulations Applicable to “By Right” and “Non By Right” Residential Development in the Housing Element Overlay Zone. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-24-001. APPLICANT: Town of Los Gatos. PROJECT PLANNERS: Jocelyn Shoopman and Erin Walters.

Erin Walters, Associate Planner, presented the staff report.

Mayor Badame opened public comment.

Lee Quintana
- Commented on adding the definition of “by right” development and asked some clarifying questions.

Mayor Badame closed public comment.

MOTION: Motion by Council Member Ristow to approve the recommendation of the Planning Commission to introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Define ‘By Right Approvals’ and Amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ to clarify regulations applicable to ‘By Right’ and ‘Non By Right’ residential development in the Housing Element Overlay Zone” as presented in the Desk Item, Attachment 6.

Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

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PAGE 7 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024

OTHER BUSINESS

13. Mid-Year Budget Report - July 1 - December 31, 2023:
a. Receive the FY 2023/24 Mid-Year Budget Report; and
b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Report.

Gitta Ungvari, Finance Director, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Mayor Badame to receive the FY 2023/24 Mid-Year Budget Report in Attachment 1 and authorize budget adjustments as recommended in the Mid-Year Budget Report. Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

14. Review the Five-Year Forecast (Fiscal Year 2024/25 -FY 2028/29) and the Finance Commission Recommendations, Determine Key Assumptions for the Five- Year Forecast, and Provide Direction for the Preparation of the FY 2024/25 Operating Budget.

Gitta Ungvari, Finance Director, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Vice Mayor Hudes to use the table on the bottom of page 6 of the staff report [Alternative Scenario Selecting 70% of the Excess ERAF, and Secured Property Tax Option C (6.6% growth rate), and Motor Vehicle In-Lieu Fee (VLF) Option C (6.1% growth rate)] as the basis for the five-year operating model. Seconded by Council Member Moore.

VOTE: Motion passed unanimously.

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PAGE 8 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024

15. Provide Direction on Any Ballot Measures to Consider for Polling.

Katy Nomura, Assistant Town Manager, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Moore to direct staff to work with NBS the consultant to poll for a sales tax. Seconded by Council Member Rennie.

VOTE: Motion passed by a 3-2 vote. Vice Mayor Hudes and Mayor Badame voted no.

PUBLIC HEARINGS

16. Hear Protests and Adopt a Resolution Making Determinations and Approving the Reorganization of an Uninhabited Area Designated as Blackberry Hill Road No. 06, Approximately 2.1 Acres on Property Pre-Zoned HR-2½. APN 532-25-011. Annexation Application AN23-001. Project Location: 15405 Blackberry Hill Road. Property Owner/Applicant: Maurice Brewster. RESOLUTION 2024-009
Joel Paulson, Community Development Director, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Rennie to adopt the resolution in Attachment 1 making determinations and approving the reorganization of an uninhabited area designated as Blackberry Hill Road No. 06, Approximately 2.1 Acres on Property Pre-Zoned HR2½. APN 532-25-011. Seconded by Vice Mayor Hudes.

VOTE: Motion passed unanimously.

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PAGE 9 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of February 20, 2024 DATE: February 26, 2024

17. Adopt Resolution Repealing the Building Board of Appeals (BBA) Enabling Resolutions and Introduce “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official.” RESOLUTION 2024- 010
Gabreille Whelan, Town Attorney, presented the staff report.

Mayor Badame opened public comment.

No one spoke.

Mayor Badame closed public comment.

Council discussed the item.

MOTION: Motion by Council Member Ristow to adopt the resolution in Attachment 1 repealing the Building Board of Appeals enabling resolutions and introduce “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official.” Seconded by Council Vice Mayor Hudes.

VOTE: Motion passed unanimously.

ADJOURNMENT
The meeting adjourned at 11:33 p.m.

Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk

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PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, Community Development Director, Planning Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 2
DATE: February 29, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Define ‘By Right Approvals’ and Amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to Clarify Regulations Applicable to “By Right” and “Non By Right” Residential Development in the Housing Element Overlay Zone. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-24-001. APPLICANT: Town of Los Gatos. PROJECT PLANNERS: Jocelyn Shoopman and Erin Walters.

RECOMMENDATION:

Adopt an Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to define ‘By Right Approvals’ and amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to clarify regulations applicable to “by right” and “non by right” residential development in the Housing Element Overlay Zone.

REMARKS:

On February 20, 2024, the Council considered and voted to introduce an Ordinance to effect an amendment to Chapter 29, ‘Zoning Regulations,’ of the Town Code to define ‘By Right Approvals’ and amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to clarify regulations applicable to “by right” and “non by right” residential development in the Housing Element Overlay Zone. The proposed ordinance includes the language recommended by HCD regarding subdivisions as well as a severability clause. Once adopted, the Ordinance (Attachment 1) will take effect in 30 days.

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PAGE 2 of 2
SUBJECT: Housing Element Overlay Zone/Z-24-001
DATE: February 29, 2024
ENVIRONMENTAL ASSESSMENT:

An Environmental Analysis was prepared for the Housing Element update and available on the Town’s Housing Element website at:
https://www.losgatosca.gov/DocumentCenter/View/32424/Housing-Element-FinalEnvironmental-Analysis-PDF. 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, because the Housing Element update is consistent with the growth projections evaluated in the General Plan EIR.

The HEOZ is an implementation of the Housing Element, and no additional Environmental Analysis is required.

Attachment:

1. Draft Ordinance

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1 of 5
Ordinance Adoption Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE TO DEFINE “BY RIGHT APPROVALS” AND AMEND THE HOUSING ELEMENT OVERLAY ZONE (HEOZ), DIVISION 5 OF ARTICLE VIII, “OVERLAY ZONES AND HISTORIC PRESERVATION”
ZONING CODE AMENDMENT APPLICATION Z-24-001
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos 2023-2031 Housing Element identifies amending the Town Code to create the Housing Element Overlay Zone as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed Town Code amendments, held a public hearing, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, on October 3, 2023, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Town Code amendment, held a public hearing, and continued to the matter to November 7, 2023; and WHEREAS, on November 7, 2023, the Town Council reviewed the proposed Town Code amendments, held a public hearing, and introduced the ordinance to amend the Town Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone; and WHEREAS, on November 21, 2023, the Town Council adopted Ordinance No. 2347 to enact the proposed Town Code amendments; and
WHEREAS, on December 1, 2023, the Town received comments from the State Housing and Community Development Department (HCD) regarding the adopted Housing Element Overlay Zone ordinance; and
WHEREAS, staff has prepared a revised ordinance to address HCD’s comments; and WHEREAS, the Planning Commission at its meeting on January 24, 2024, reviewed proposed Town Code amendments, held a public hearing, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law Draft Ordinance: Subject to
modification by Town Council based
on deliberations and direction.

ATTACHMENT 1

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2 of 5
Ordinance Adoption Date
and came before the Town Council on February 20, 2024; and WHEREAS, on February 20, 2024, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Town Code amendments, held a public hearing, and introduced an ordinance to add a definition of “by right approval” and modify the HEOZ Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” of the Town Code is amended to add the following between the definitions of “Business or commerce” and “Carport” to read as follows:

By right approval shall have the meaning set forth in Government Code Section 65583.2 (i).

SECTION II. Division 5 of Article VIII, “Overlay Zones and Historic Preservation,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:

ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
…
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.510. HEOZ and underlying zoning.
(a) “By right” residential developments on sites with underlying zoning of RM, CH, or NF-SP (Table 1A below). Pursuant to Government Code Section 65583.2, subsections (h) and (i), in the HEOZ, residential developments with at least 20 percent of the units proposed for “low income” households are subject to “by right approval.” These developments are subject to the following:

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1. The developments must be developed within the density ranges specified in Table 1A below and in no event shall any residential development projects be developed below the minimum density of 30 units per acre.

2. The developments shall be subject to non-discretionary design review based on objective development standards in accordance with the procedures specified in Article II, "Administration and Enforcement,” of Chapter 29, “Zoning Regulations,” of the Town Code.

3. No California Environmental Quality Act review shall be required.

4. Any subdivision of sites in the HEOZ shall be subject to all laws, including, but not limited to, Chapter 24, “Subdivision Regulations,” and Sections 29.10.067-29.10-087 of the Town Code implementing the Subdivision Map Act.

5. Residential units shall occupy at least 50 percent of the floor area in all mixed-use projects.

6. For residential developments and mixed-use projects, the standards set forth in Table 1A shall apply.

Table 1A HEOZ Development Standards for “By Right” Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
High Density
Residential
R-M As authorized by
Section 29.40.645
75% N/A 45 feet 30-40
Mixed-Use CH As authorized by
Section 29.60.435
N/A 3.0 45 feet 30-40
North Forty
Specific Plan
NF-SP As defined in
Specific Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
30-40
(b) For all other residential developments other than those described in subsection (a), the standards set forth in Table 1B below shall apply.

Table 1B HEOZ Development Standards for Other Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
Low Density
Residential
R-1 As authorized by
Section 29.40.405
50% N/A 30 feet 0-5
Medium Density
Residential
R-1D, R-D,
and R-M
As authorized by
Section 29.40.405,

29.40.530, and

29.40.645
75% N/A 35 feet 14-22 or 5-12
in Very High
Fire Hazard
Severity Zones
Neighborhood C-1 As authorized by N/A 1.0 35 feet 10-20

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Commercial Section 29.60.225
Central Business
District
C-2 As authorized by
Section 29.60.335
N/A 2.0 45 feet 20-30
Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
(c) The underlying zoning development standards will remain in effect for all other development without a residential component.
(d) Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards. (e) Where standards are not specified, the development standards provided in the underlying zoning district shall apply.

SECTION III. CEQA.

The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Town Code amendments; and
B. The Town Code amendments are consistent with the General Plan and its elements; and C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 20th day of February 2024, 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 5th day of March 2024. This ordinance shall take effect 30 days after the date it is adopted.

The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

SECTION V. 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 Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs,

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sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

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: ________________

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 3
DATE: February 21, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission and Modify the Town Council Commission Appointment Policy 2-11 for Consistency.

RECOMMENDATION:

Adopt a Resolution modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as recommended by the DEI Commission (Attachment 3) and modify the Town Council Commission Appointment Policy 2-11 for consistency (Attachment 5).

BACKGROUND:

In October 2023, the Town Council approved the Enabling Resolution for the DEI Commission (Attachment 1). The Resolution sets forth the membership of the Commission as well as its duties and other parameters. Ten of the 11 seats are filled, and the Commission began meeting in January 2024.

DISCUSSION:

At its February meeting, the DEI Commission discussed its name and other aspects of the Enabling Resolution. After considering public testimony and concluding its deliberations, the Commission decided to retain its name as the Diversity, Equity, and Inclusion Commission.

The Commission did express concern about the difficulty of filling the remaining seat which is intended for a business owner and resident of Los Gatos. As a result, the Commission unanimously recommended to the Town Council that this position be modified to a Los Gatos business owner who may or may not reside in Town (see Attachment 2 redlined and Attachment 3 clean)

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PAGE 2 OF 2
SUBJECT: Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission DATE: February 21, 2024
DISCUSSION (continued):

The Town Council Commission Appointment Policy 2-11 contains a section regarding residency requirements. If the Town Council changes the DEI Commission Enabling Resolution, then the Commission Appointment Policy needs to be modified to acknowledge the additional seat on the DEI Commission that could be filled by a resident or non-resident of Los Gatos (see Attachment 4 redlined and Attachment 5 clean).

CONCLUSION:

The Commission appreciates the Town Council’s consideration of its recommendation.

COORDINATION:

This report was coordinated with the Town Attorney.

FISCAL IMPACT:

The Council’s consideration and action on this item has no fiscal impact.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. DEIC Enabling Resolution

2. Redlined DEIC Enabling Resolution with Modifications Recommended by the DEIC

3. Clean Updated DEIC Enabling Resolution

4. Redlined Commission Appointment Policy

5. Clean Updated Commission Appointment Policy

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ATTACHMENT 1

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DRAFT RESOLUTION 2024-
RESCIND RESOLUTION 2023-053 AND ADOPT A REVISED ENABLING RESOLUTION OF

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC).

WHEREAS, the Town is working to institutionalize Justice, Equity, Diversity, and Inclusion in the Town’s ethos, the role of DEIC is to support and foster new opportunities for marginalized groups in the Town.

WHEREAS, the DEIC will be committed to Justice, Equity, Diversity, and Inclusion across all sectors within the Town of Los Gatos and the purpose of DEIC is to work to create more equitable opportunities and increase a sense of belonging for all Los Gatos community members and visitors through community engagement and collaborative activities.

NOW, THEREFORE, BE IT RESOLVED:

1. Resolution 2023-053 is rescinded and replaced by this Enabling Resolution.

2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed.

3. Membership/Organization
a. The Town is seeking a diversity of members that includes but is not limited to:
youth; seniors; Black, Indigenous, and People of Color (BIPOC); Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+); those that are disabled; and religious diversity. The Commission shall consist of eleven (11) members. Membership composition shall be:
i. Two (2) Youth Commissioners as voting members, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Youth Commission;
ii. One (1) Arts and Culture Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Arts and Culture Commission; iii. One (1) Community Health and Senior Services Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Community Health and Senior Services Commission;
iv. One (1) Town of Los Gatos business owner and resident, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two- term limit, appointed by the Town Council;
ATTACHMENT 2

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v. One (1) Town of Los Gatos business owner or employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council;
vi. One (1) Town of Los Gatos faith leader who leads a congregation in Los Gatos, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council;
vii. One (1) Town of Los Gatos non-profit employee, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council; and
viii. Three (3) Town of Los Gatos residents as voting members, whose term of office shall be for three (3) years with a two-term limit, appointed by the Town Council.
b. The three-year terms will be staggered.
c. Commission members is expected to report back to the Board, Committee, Commission, or organization the Commissioner represents (i.e., Arts and Culture Commission, faith community, etc.).
d. The Commission shall appoint a Chair and Vice Chair. e. Commission members shall serve without compensation. f. The Commission shall hold regular monthly meetings.
g. The Commission shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act.
h. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
i. A record of all meeting minutes and resolutions of the Commission shall be kept and shall be a public record.

4. Powers and Duties
a. The duties of DEIC shall be to:
i. Act in an advisory capacity to the Town Council in matters pertaining to creating equitable opportunities and a sense of belonging within Town.

The DEIC’s scope of work may include the following items:

1. Community Based Programming
a. Develop new and promote current programs/events
that foster unity and diversity within the Town.
b. Identify Equity Training opportunities for Town Council, staff, residents, business owners/employees, students,
and/or Commission/community members.
c. Incorporate community feedback into programming and
training.

2. Collaborative Efforts
a. Foster stronger collaborations between current Town
Boards, Commissions, and Committees and communityPage 27 3 of 4
Draft Resolution Date
based organizations to integrate equity practices and
principles.
b. Build relationships with local public and private school systems in order to provide support and resources for
Equity work.
c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of
Equity practices into the Town community grant
program.

3. Policy Recommendations
a. Make policy recommendations to the Town Council
regarding Justice, Equity, Diversity, Inclusion, and Unity issues.

4. Communications
a. Create a communications campaign centered around
equity education and promotion of Town events.
ii. Not to affect powers of the Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to DEIC of any of the authority or discretionary powers vested and imposed by law in such Council.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5
th day of March 2024 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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DRAFT RESOLUTION 2024-
RESCIND RESOLUTION 2023-053 AND ADOPT A REVISED ENABLING RESOLUTION OF

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

ESTABLISHING THE DIVERSITY, EQUITY, AND INCLUSION COMMISSION WHEREAS, the Town Council of the Town of Los Gatos does hereby formally establish the Diversity, Equity, and Inclusion Commission (DEIC).

NOW, THEREFORE, BE IT RESOLVED:

1. Resolution 2023-053 is rescinded and replaced by this Enabling Resolution.

2. The DEIC is hereby established as an advisory committee to the Los Gatos Town Council and shall operate in the manner hereinafter prescribed.

3. Membership/Organization
a. The Town is seeking a diversity of members that includes but is not limited to:
youth; seniors; Black, Indigenous, and People of Color (BIPOC); Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, and Asexual (LGBTQIA+); those that are disabled; and religious diversity. The Commission shall consist of eleven (11) members. Membership composition shall be:
i. Two (2) Youth Commissioners as voting members, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Youth Commission;
ii. One (1) Arts and Culture Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Arts and Culture Commission; iii. One (1) Community Health and Senior Services Commissioner as a voting member, whose term of office shall be for one (1) year with no limitations on reappointments, appointed by the Community Health and Senior Services Commission;
iv. One (1) Town of Los Gatos business owner, who may or may not reside in Los Gatos, as a voting member, whose term of office shall be for three (3) years with a two- term limit, appointed by the Town Council; ATTACHMENT 3

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The DEIC’s scope of work may include the following items:

2. Collaborative Efforts
a. Foster stronger collaborations between current Town
Boards, Commissions, and Committees and communityPage 31 3 of 4
Draft Resolution Date
based organizations to integrate equity practices and
principles.
b. Build relationships with local public and private school systems in order to provide support and resources for
Equity work.
c. Build collaborative processes with other Town Boards, Committees, and Commissions to ensure integration of
Equity practices into the Town community grant
program.

3. Policy Recommendations
a. Make policy recommendations to the Town Council
regarding Justice, Equity, Diversity, Inclusion, and Unity issues.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5
th day of March 2024 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Draft Resolution Date
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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COUNCIL POLICY MANUAL
TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
POLICY NUMBER: 2-11
EFFECTIVE DATE: 2/28/1990 PAGES: 7
ENABLING ACTIONS: REVISED DATES: 6/13/1994; 6/16/2014;
4/7/2015; 10/18/2016; 2/21/2017;
2/6/2018; 3/19/19; 9/3/2019; 6/1/2021;
12/7/21, 3/15/22, 8/2/22; 9/20/22;
10/03/23; 11/21/23
APPROVED:

PURPOSE
To establish a policy to encourage participation by the Town’s residents on Town Boards, Commissions and Committees (hereinafter referred to as "Commissions"). The Town of Los Gatos is committed to inclusivity. We value all our community members, regardless of religion, immigration status, ethnicity, race, disability, gender, sexual orientation, or gender identity. The Town will encourage residents to participate on Commissions by advertising vacancies on Commissions for at least 30 days, preparing easily understood applications, maintaining clear descriptions of the role of each Board, Commission, and Committee and its respective members, providing current meeting schedules, and conducting public interviews of all Commission applicants, except as provided by this Policy.

SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

POLICY
The Town Council encourages public participation in all decision-making and to be successful residents must be assured both that the participation is meaningful and that their input will be valued. The widest representation from the community can only be achieved if vacancies are well advertised so that anyone interested will have the opportunity to apply.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 4

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PAGE:
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POLICY NUMBER:
2-11
To ensure the greatest possible participation by the public, it is the Town's policy that no person shall be appointed to more than one Commission except in those cases where they are ex-officio members of other Boards, Commissions and Committees. This Policy does not apply to Commission members serving as representatives of their Commission who have been appointed by the Town Council.

RESIDENCY REQUIREMENTS
Residency within the incorporated municipal limits of the Town of Los Gatos, California is required for appointment and continued membership on all Town of Los Gatos Boards, Commissions, and Committees, with the exception of the Youth Commission and the Diversity, Equity, and Inclusion Commission.

Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Membership for the students requires either residency in the incorporated limits of the Town of Los Gatos or residency in the unincorporated areas of the County of Santa Clara, which have a Los Gatos mailing address.

Diversity, Equity, and Inclusion Commission:

Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner, / employee of a Los Gatos business, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee all of whom may or may not reside in Los Gatos.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

3. Any member of an appointive Town Advisory Body who is absent from the number of regular meetings listed below appropriate to his or her Advisory Body shall, as a result, surrender his or her office on the Advisory Body and the office shall be considered vacant.
a. For an Advisory Body which holds six (6) or more regular meetings per a consecutive twelve (12) month period: three (3) regular meetings. b. For an Advisory Body which holds five (5) or fewer regular meetings per a consecutive twelve (12) month period: two (2) regular meetings. c. For an Advisory Body which holds sixteen (16) or more regular meetings per a consecutive twelve (12) month period: eight (8) regular meetings.

4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.

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5. The vacant position shall be filled by appointment by a majority vote of the Town Council, for a term equal to the unexpired portion of the office vacated. Any member removed from office due to non-attendance may re-apply to serve on a Town Advisory Body but will not be treated as an incumbent in any subsequent application to the same Advisory Body.

6. If a Youth Commissioner liaison misses three meetings of a liaison Commission during a consecutive twelve (12) month period*, the Youth Commission shall appoint a different Youth Commissioner as liaison.
*Consecutive twelve (12) month period is defined as any consecutive twelve-month period beginning with the first absence. A regular meeting shall not be cancelled and replaced with a special meeting in order to alleviate an absence by an advisory body member.

QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

Responsibility and Actions: Town Clerk
A. Annual Recruitments
Adult Commission members' terms begin on January 1st and end December 31st, Youth Commissioners’ terms follow the academic year and begin on August 1st and end on June 30th.

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

1. Notify Town Council of vacancies on Commissions by indicating the names of the Commissions, the number of terms expiring or being vacated, names of individual(s) with expiring terms or vacating seats, advertising periods (at least 30 days) and the date of interview.

2. Advertise the vacancies, including the application deadline and the interview date.

Interviews and appointments for Adult Commissioners shall occur after annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have been seated. Interviews and appointments for Youth Commissioners shall occur by the fourth Wednesday in May, no earlier than 4:00 p.m.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:

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a. Prior to initial appointment to any Commission, non-incumbent applicants must be interviewed by the Town Council. The applications of those not appearing will be held for the next recruitment.
b. If an incumbent Commissioner is requesting reappointment to the same Commission, the incumbent may submit a request to be interviewed by telephone, with their application, instead of attending the interview or must submit a letter prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.
c. Submissions deadlines are mandatory; no exceptions are permitted.

4. Applications:
a. For adult applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council prior to the interviews for appointment.
b. For student applicants — Accept applications, verify eligibility, and distribute copies of the applications of eligible applicants to the Town Council Selection Committee, consisting of the Mayor, Vice Mayor, Police Chief, and Youth Commission Chair (if not reapplying), prior to the interviews for appointment.

5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

6. Facilitate the Council voting process set forth below by informing Council as to how many votes are possible on each Commission, calling out applicants' names, and identifying the applicants receiving sufficient votes for appointment. This process does not apply to student applicants.

7. Applicants:
a. For adult applicants — After the interviews and Council vote are completed, notify all applicants of the Council's action, and explain Town policy of keeping application active for one year with notification of subsequent openings on that Commission to the interested applicants. b. For student applicants — After the interviews are completed, notify all applicants of the Council Committee's action, and prepare a staff report for the Town Council to ratify the Committee's appointment at the first Town Council meeting in June.

Interview Process
To ensure the interview process is consistent, fair, and equitable, each applicant shall be asked the same standard questions, as provided below. Notwithstanding, no Council Member shall be prevented from asking appropriate questions of applicants.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

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3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

The standard questions are limited in number to allow an applicant sufficient time to respond.

While the intent is for each Council Member to be able to ask one question of each applicant, the Council may decide not to ask all of the provided questions, change the order of the questions, or rotate which Council member asks a specific question.

Balloting Process
Unless determined otherwise, the Council shall conduct a ballot vote for the appointment of individuals to fill the vacancies for each Commission. Such ballot vote may be conducted at either a regular, adjourned, or special meeting of the Town Council. The ballot vote process shall be conducted as follows:

1. The Town Clerk shall provide a ballot to each Town Council member listing the names of all applicants and “None of the above” for each respective Commission. Prior to the vote, the Town Clerk shall publicly announce the position vacancy and all applicant names that are listed on the ballot.

2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot (i.e. cumulative voting -- e.g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.

3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run-off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run-off ballot will also include a “None of the above” option.

4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run-off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant(s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee(s) or direct the Town Clerk to re-advertise the vacancy.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

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B. Mid-Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.

Responsibility and Action: Applicant

1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.

2. For adult applicants: Attend the Council meeting to be interviewed for Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p.m. the Friday before the scheduled interview date whether they will attend in person or via teleconference.

4. If an incumbent Commission member is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p.m. the Friday prior to the interviews, describing the reason why the applicant cannot be present telephonically or in person for the interview, and why the applicant should be reappointed to the Commission.

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
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4. If there are limited applications for any vacancy to a Commission, the Mayor, on behalf of the Council, may request that the Town Clerk re-advertise the vacancy, reschedule the interviews, and notify all applicants of the new interview date.

COMPLIANCE - GROUNDS FOR DISMISSAL
A member may be removed from the Advisory Body prior to the end of his or her term by a three-fifths (3/5) vote of the Town Council and may not be reappointed for the following reasons:

1. Failure to attend Advisory Body meetings.

2. Failure to file the following documents required by the Fair Political Practices Commission (Adult Commissioners):
a. Form 700 – Assuming Office, Annual, and Leaving Office when term is complete. b. Planning Commissioners are also required to complete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

CONFLICT OF INTEREST
Under the Fair Political Practice Act, an advisory board member has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision.

The Fair Political Practice Act does not prohibit an advisory board member from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which an advisory board member is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.

APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney

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SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 5

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Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Diversity, Equity, and Inclusion Commission:

Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner, employee of a Los Gatos business, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee all of whom may or may not reside in Los Gatos.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.

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QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

2. Advertise the vacancies, including the application deadline and the interview date.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:

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5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

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3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

The standard questions are limited in number to allow an applicant sufficient time to respond.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

B. Mid-Term Recruitments

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TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
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POLICY NUMBER:
2-11
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid-term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid-term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid-term vacancies on Commissions for at least 15 days.

Responsibility and Action: Applicant

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

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Attendance Requirements, and Establishing a Quorum
PAGE:
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1. Failure to attend Advisory Body meetings.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney

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PREPARED BY: Jenna De Long
Deputy Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 4
DATE: February 26, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official”
RECOMMENDATION:

Adopt an ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official” (Attachment 1).

BACKGROUND:

At its meeting of January 16, 2024, the Town Council voted to disband the existing Building Board of Appeals (BOA) and assume the duties of the Building Board of Appeals in accordance with Section 1.8.8 of the California Building Code.

On February 5, 2024, the Town Council voted to adopt a resolution rescinding the enabling resolutions of the BOA and introduce an ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official.”
DISCUSSION:

Adoption of this ordinance will amend Town Code Section 29.50.755, which lists the duties of the Town Council, to include hearing appeals from the decisions of the Building Official.

The draft ordinance (Attachment 1) is attached for the Town Council’s consideration.

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PAGE 2 OF 2
SUBJECT: Building Board of Appeals
DATE: February 26, 2024
COORDINATION:

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

FISCAL IMPACT:

Adoption includes codification of the ordinance which is budgeted.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Proposed Ordinance

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Ordinance Council Meeting Date
ATTACHMENT 1

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DESIGNATING THE TOWN COUNCIL TO HEAR APPEALS FROM DECISIONS OF THE

BUILDING OFFICIAL
WHEREAS, the Town is required to designate an appeal body to hear appeals from decisions of the Building Official;
WHEREAS, in 1991, the Town established a Building Board of Appeals; WHEREAS, due to a lack of appeals since the Building Board of Appeals was established, the Town Council has rescinded the enabling resolutions establishing a Building Board of Appeals; WHEREAS, California Building Code Section 1.8.8 authorizes city councils to assume the duties of a Building Board of Appeals;
WHEREAS, the Town Council has opted to assume the duties of a Building Board of Appeals; and
WHEREAS, Town Code Section 29.50.755 lists the Town Council duties; WHEREAS, the proposed ordinance will revised the listed duties of the Town Council to add hearing appeals from decisions of the Building Official; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Section 29.20.755, “Town Council,” of the Town Code is hereby amended to read as follows:

Sec. 29.20.755. Town Council.

The Town Council:
(1) May initiate and refer general plan amendments and specific plans or amendments to the Planning Commission for recommendation.
(2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans and conditional use permits for establishments selling alcoholic beverages for on premises consumption (excluding restaurants) and for retail sales of firearms, ammunition and/or destructive devices. (3) Adopts ordinances.

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Ordinance Council Meeting Date
ATTACHMENT 1
(4) May initiate and refer zone changes and amendments to this chapter to the Planning Commission for recommendation. Nonsubstantive ordinance amendments may, but need not be, referred to the Planning Commission.
(5) Hears appeals from decisions of the Building Official. (6) Hears appeals from decisions of the Planning Commission. (7) Determines whether to extend suspension under section 29.80.285. (8) Determines applications for permits for signs on public property, including but not limited to community-oriented bulletin boards and kiosks. (9) Determines mobile home park conversion permit applications. (10) Appoints Historic Preservation Committee members.
(11) Determines requests for reasonable accommodation when action is not required of the Planning Commission, Development Review Committee, or the Planning Director. (Ord. No. 1316, § 5.60.300, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1758, § VIII, 8-1-88; Ord. No. 1762, § II, 9-19-88; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2304 , § II, 2-18-20) 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. 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 IV. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 pf the Government Code of the State of California.

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Ordinance Council Meeting Date
ATTACHMENT 1
SECTION V. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:

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: __________________

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 5
DATE: February 20, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,531 to Recognize Receipt and Expenditure of Pacific Library Partnership Grant Funds
RECOMMENDATION:

Authorize revenue and expenditure budget adjustments in the amount of $5,531 to recognize receipt and expenditure of Pacific Library Partnership grant funds.

BACKGROUND:

The Library has been successful in obtaining a grant in the amount of $5,531 from the Pacific Library Partnership. Grant funds will be used to purchase e-books.

FISCAL IMPACT:

Grant revenues totaling $5,531 will be recorded to account 7801-43343 and be expended from account 7801-61172.

ENVIRONMENTAL ASSESSMENT:

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

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 6
DATE: February 21, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Forbes Mill, LLC for 75 Church Street.

RECOMMENDATION:

Authorize the Town Manager to execute a Second Amendment to the Master Lease with Forbes Mill, LLC for 75 Church Street (Attachment 3) in substantially the form presented.

BACKGROUND:

In March 2019, the Town Council authorized an Exclusive Negotiating Agreement with Imwalle Asset Management, LLC, to help guide the negotiations of a Master Lease Agreement. On August 4, 2020, the Town Council authorized the Town Manager to execute a long term lease agreement with Forbes Mill, LLC for the property located at 75 Church Street (Attachment 1).

While Forbes Mill, LLC is a unique entity, Imwalle Asset Management, LLC is the master tenant.

The decision to enter into long term leases was predicated on the fact that the approach would allow the property to remain in Town control, maintain the historic value of the property, require no monetary resources from the Town, and ultimately provide an annual revenue stream to the Town.

On February 7, 2023, the Town Council authorized a First Amendment (Attachment 2) to the lease to modify the provisions which stipulate that if lease up has not occurred within certain time periods, either party can terminate the leases. The modification extended the deadline for the master tenant to find a subtenant to January 1, 2024.

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PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Second Amendment with Forbes Mill, LLC for 75 Church Street
DATE: February 21, 2024
DISCUSSION:

On December 22, 2023, Jim Foley (on behalf of Forbes Mill, LLC) contacted the Town to request an additional six-month extension to secure tenants. He explained that he has been trying to secure tenants in a challenging economic environment and expects to find a subtenant acceptable to the Town in the next six months.

Attachment 3 contains a draft Second Amendment to provide a six-month extension as of the date of Council action (March 5, 2024). This would give Forbes Mill, LLC until early September to secure a subtenant.

CONCLUSION:

Staff recommends that the Council authorize the Town Manager to execute a Second Amendment with Forbes Mill, LLC for 75 Church Street in substantially the form presented.

COORDINATION:

The preparation of this report and the draft Second Amendment were coordinated with the Town Attorney.

FISCAL IMPACT:

There is no fiscal impact with this Council action. Should Forbes Mill be successfully occupied consistent with the Master Lease, the Town would realize financial benefits as stated in the Master Lease.

ENVIRONMENTAL ASSESSMENT:

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

Attachments:

1. Master Lease

2. First Amendment

3. Draft Second Amendment with Exhibit C Insurance Requirements

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ATTACHMENT 1 Page 56

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ATTACHMENT 2

FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 7th day of February 2023 and amends that certain Lease Agreement for Property Management Services dated October 29, 2020, made by and between the Town of Los Gatos ("Landlord” or the “Town"), and Forbes Mill, LLC, a California Limited Liability Company (“Master Tenant”).

RECITALS
A. Town and Master Tenant entered into a Lease Agreement for Property Management Services for the management and leasing of the Forbes Mill Property, located at 75 Church Street, dated October 29, 2020 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment.

Whereas, now the Town and Master Tenant mutually agree to amend the terms of the Agreement as follows:

FIRST AMENDMENT

1. The parties agree that the “Effective Date” referenced on Page 1 of the Master Lease ("Lease") shall be October 29th 2020.

2. Section 1.4 Lease Term. As provided in Section 3 below, the Term of the Lease commences on the Commencement Effective Date and terminates, unless earlier terminated 34 years and 11 months from the Commencement Effective Date as provided in Section 3.1 below.

3. Section 1.5 Lease Contingency. This Lease is contingent on the Master Tenant submitting the necessary applications and documents to the Town for approval of the improvements and use of the property, such as, but not limited to, general plan amendment, a proposed site plan, concept drawings for the site plan, massing diagrams, and renderings identifying the location, general configuration, and proposed design characteristics of the buildings, parking spaces, landscaping, property subdivision, and other aspects of the improvement and uses. The Master Tenant acknowledges that the Project Proposal requires approvals and entitlements from the Town and shall submit a formal application for the Planning Approvals. Costs and fees associated with the Planning Approvals review shall be borne by the Master tenant. Nothing in this Agreement shall be construed to compel the Town to approve or make any findings with respect to Planning Approvals. If Master Tenant is unable to obtain Planning Approvals, either Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party. Upon the giving of such notice of termination, this Lease shall terminate without liability of either party to the other.

This Lease is also contingent on Master Tenant and a Subtenant having executed a binding initial Sublease for any portion of the Premises and occupancy by Subtenants (the “Contingency”). If the Contingency has not been satisfied or waived by Landlord on or before the date twelve (12) months following the Effective Date January 1, 2024, either

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ATTACHMENT 2
Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party.

4. Section 3.1 Term. The "Term" of this Lease shall commence as of the Effective Date ("Commencement Effective Date") and shall end, unless earlier terminated or extended pursuant to the terms and conditions of this Lease, on the date 34 years and 11 months after the Commencement Effective Date ("Termination Date").

5. Section 7.3 Continuous Operations. Master Tenant shall use its commercially reasonable efforts, subject to the provisions of Section 7.2 above, to continuously sublet the Premises to approved Subtenants for commercial purposes during the term of this lease. If, for any reason, a Subtenant quits its business operations on the Premises, Master Tenant shall use its commercially reasonable efforts, in accordance with the provisions of Section 7.2 above, to promptly secure another Subtenant reasonably acceptable to Master Tenant and Landlord.

If for any reason during the first three (3) years following the Commencement Date after January 1, 2024, the Premises in their entirety are left unleased for a continuous period of eighteen (18) months or more, then either the Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other, in which case, upon the giving of such notice of termination, each party shall be released of any future liability to the other, except as provided herein.

6. All other terms and conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the Landlord and Master Tenant have executed this Amendment.

LANDLORD: MASTER TENANT:

THE TOWN OF LOS GATOS Tait Firehouse, LLC, a California Limited Liability Co.

By: Imwalle Asset Management, LLC
a California Limited Liability Co.

By: _________________________ By: _________________________ Laurel Prevetti, Town Manager Don Imwalle, Jr., Managing Member Approved as to Form: Attest:
________________________ _________________________
Gabrielle Whelan, Town Attorney Wendy Wood, Town Clerk

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ATTACHMENT 3

SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 5th day of March 2024 and amends that certain Lease Agreement for Property Management Services dated October 29, 2020, made by and between the Town of Los Gatos ("Landlord” or the “Town"), and Forbes Mill, LLC, a California Limited Liability Company (“Master Tenant”).

B. Whereas a First Amendment was authorized by the Town Council on February 7, 2023, it was not fully executed.

Whereas, now the Town and Master Tenant mutually agree to amend the terms of the Agreement as follows:

SECOND AMENDMENT

1. The parties agree that the “Effective Date” referenced on Page 1 of the Master Lease ("Lease") shall be October 29th 2020.

2. Section 1.4, “Lease Term,” is amended to read as follows: “As provided in Section 3 below, the Term of the Lease commences on the Effective Date and terminates, unless earlier terminated 34 years and 11 months from the Effective Date as provided in Section 3.1 below.”

3. Section 1.5, “Lease Contingency,” is amended to read as follows: “This Lease is contingent on the Master Tenant submitting the necessary applications and documents to the Town for approval of the improvements and use of the property, such as, but not limited to, general plan amendment, a proposed site plan, concept drawings for the site plan, massing diagrams, and renderings identifying the location, general configuration, and proposed design characteristics of the buildings, parking spaces, landscaping, property subdivision, and other aspects of the improvement and uses. The Master Tenant acknowledges that the Project Proposal requires approvals and entitlements from the Town and shall submit a formal application for the Planning Approvals. Costs and fees associated with the Planning Approvals review shall be borne by the Master tenant. Nothing in this Agreement shall be construed to compel the Town to approve or make any findings with respect to Planning Approvals. If Master Tenant is unable to obtain Planning Approvals,

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ATTACHMENT 3
either Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party. Upon the giving of such notice of termination, this Lease shall terminate without liability of either party to the other.

This Lease is also contingent on Master Tenant and a Subtenant having executed a binding initial Sublease for any portion of the Premises and occupancy by Subtenants (the “Contingency”). If the Contingency has not been satisfied or waived by Landlord on or before September 5, 2024, either Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party.”

4. Section 3.1, “Term,” is amended to read as follows: The "Term" of this Lease shall commence as of the Effective Date ("Effective Date") and shall end, unless earlier terminated or extended pursuant to the terms and conditions of this Lease, on the date 34 years and 11 months after the Effective Date ("Termination Date").

5. Section 7.3, “Continuous Operations,” is amended to read as follows: “Master Tenant shall use its commercially reasonable efforts, subject to the provisions of Section 7.2 above, to continuously sublet the Premises to approved Subtenants for commercial purposes during the term of this lease. If, for any reason, a Subtenant quits its business operations on the Premises, Master Tenant shall use its commercially reasonable efforts, in accordance with the provisions of Section 7.2 above, to promptly secure another Subtenant reasonably acceptable to Master Tenant and Landlord.

If for any reason after September 5, 2024, the Premises in their entirety are left unleased to a sublessee for a continuous period of eighteen (18) months or more, then either the Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other, in which case, upon the giving of such notice of termination, each party shall be released of any future liability to the other, except as provided herein.”

6. In Section 9.1, “General,” related to insurance requirements, the second paragraph is removed.

7. Exhibit C, “Insurance Requirements for Master Tenant and Subtenants,” is replaced with a new Exhibit C, attached to this Amendment.

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ATTACHMENT 3

8. All other terms and conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the Landlord and Master Tenant have executed this Second Amendment.

LANDLORD: MASTER TENANT:

THE TOWN OF LOS GATOS Tait Firehouse, LLC, a California Limited Liability Co.

By: Imwalle Asset Management, LLC
a California Limited Liability Co.

By: _________________________ By: __________________________ Laurel Prevetti, Town Manager Don Imwalle, Jr., Managing Member Approved as to Form: Attest:
________________________ _________________________
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk

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Attachment 3
Exhibit C
Exhibit C:

Insurance Requirements for Master Tenant and Subtenant
Master Tenant is required to procure and provide proof of the insurance coverage required by Master Tenant as outlined in this Exhibit in the form of certificates and endorsements. Master Tenant shall obtain and maintain insurance against claims which may arise from or in connection with the activities of Master Tenant and its Subtenants, including agents, invitees, employees, and contractors of Master Tenant and its Subtenants, which must remain in full force and effect at all times during the period covered by the Lease Agreement. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or "umbrella" policies, provided each such policy complies with the requirements set forth herein. If Master Tenant fails to provide any of the required coverage in full compliance with the requirements set forth herein, Town may, at its sole discretion, terminate the Lease for default.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. i. If liquor will be served, Liquor Liability, either under its CGL policy or as a separate policy, providing protection in the minimum amount of One Million Dollars ($1,000,000.00) each claim.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to Master Tenants with employees).

3. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

4. Automobile Liability covering all owned, non-owned and hired automobiles, against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or death to any one person for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage.

If the Master Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Master Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.

Other Insurance Provisions

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Attachment 3
Exhibit C
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Town, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Master Tenant or any Subtenants including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Master Tenant or any Subtenants insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Master Tenant ’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the Town, its elected and appointed officials, employees, or agents shall be excess of the Master Tennant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Master Tenant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Master Tennant’s primary and excess liability policies are exhausted.

Legal Liability Coverage
The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Town.

Waiver of Subrogation
Master Tenant hereby grants to Town a waiver of any right to subrogation which any insurer of said Master Tenant may acquire against the Town by virtue of the payment of any loss under such insurance. Master Tenant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Town. The Town may require the Master Tenant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The

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Attachment 3
Exhibit C
policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town. The CGL and any policies, including Excess Liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by Town. Any and all deductibles and SIRs shall be the sole responsibility of Master Tenant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Town may deduct from any amounts otherwise due Master Tenant to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. Town reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.

Verification of Coverage
Master Tenant shall furnish the Town with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the Town before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Master Tenant ’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Town reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
Town reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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PREPARED BY: Katy Nomura
Assistant Town Manager
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: 03/05/2024
ITEM NO: 7
DATE: February 28, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize an Additional $10,000 from the County of Santa Clara County Grant for Unhoused Los Gatos Residents to Be Used for the Hotel Program RECOMMENDATION:

Authorize an additional $10,000 from the County of Santa Clara County grant for unhoused Los Gatos residents to be used for the Hotel Program.

BACKGROUND:

On January 24, 2023, the Town Council reaffirmed its Strategic Priorities and added a new one to support the unhoused residents of Los Gatos. This addition was reaffirmed on February 13, 2024.

On April 4, 2023, a majority of the Town Council allocated $50,000 to support unhoused residents. Of those funds, $10,000 was allocated to the Shower Ministry, $20,000 was allocated to a temporary restroom, and $20,000 was allocated to the Hotel Program to provide hotel rooms for unhoused residents during instances of extreme weather, unhealthy air quality, and certain medical needs.

In December 2023, the Town received a $50,000 grant from Santa Clara County (County) to use towards support for unhoused Los Gatos residents. Supervisor Simitian worked with the Town Manager’s Office to create the proposal in light of the Town’s $50,000 investment in services for unhoused residents. While initial discussions regarding the grant indicated the funds would be used for case management for the unhoused, the County has confirmed the funds can be used for any support services for residents experiencing homelessness. Grant funds must be expended by the Town by June 30, 2024 and are one-time funds.

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PAGE 2 OF 3
SUBJECT: Funding for Hotel Program for Unhoused Residents DATE: February 28, 2024
BACKGROUND (continued):

On February 6, 2024, the Town Council authorized $10,000 of the County grant to be used for the Hotel Program.

DISCUSSION:

The Hotel Program (Program) launched in December 2023. The Program is only available to regular members of our unhoused community who actively participate in the Food Pantry and Shower Ministries hosted by the faith community. Currently, there are 19 people that may participate and are on a pre-screened list that is managed by the faith community.

Since launching, the Program has activated for 19 nights due to weather related events and had two qualifying medical stays, resulting in 189 total rooms booked over the course of the program. Of the 19 individuals that may participate, 14 have utilized the Program. Participants have expressed sincere gratitude for the shelter provided during inclement weather. The Program has been a success in large part due to support from the Town Council, the faith community, dedicated Town staff, and our hotel partners which include the Los Gatos Lodge, the Garden Inn, and the Best Western.

While the Program has strict criteria to reserve a hotel room only for the most extreme conditions, the high utilization depleted the original $20,000 allocated to the Program and has almost exhausted the $10,000 from the County grant allocated on February 6, 2024. With approximately $3,600 remaining, the Program would be able to support two additional nights of activation. With more rain on the way, staff anticipates these remaining nights will be used in the coming weeks and recommends allocating an additional $10,000 from the County grant to the Hotel Program. The remaining $30,000 in grant funds, and any unused funds from the Hotel Program, will still be used towards case management for unhoused residents. Staff is also pursuing the possibility of an additional $5,000 in grant funding specifically for the Hotel Program. If staff is successful in securing this additional grant, the funds from the County grant will be replenished by $5,000.

Staff will continue to monitor weather conditions and are handling funding requests incrementally, only when needed. An update to Council on the Hotel Program is tentatively scheduled for March 19, 2024 to allow for further discussion and direction.

CONCLUSION:

Staff recommends that the Council authorize an additional $10,000 from the County of Santa Clara County grant for unhoused Los Gatos Residents to be used for the Hotel Program.

Page 113 ends

PAGE 3 OF 3
SUBJECT: Funding for Hotel Program for Unhoused Residents DATE: February 28, 2024
COORDINATION:

The preparation of this report was coordinated between the Town Manager’s Office and the Finance Department.

FISCAL IMPACT:

The $50,000 for the County grant has already been received and no additional budget allocation is needed for this action.

ENVIRONMENTAL ASSESSMENT:

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

Page 114 ends

PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: 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: 03/05/2024
ITEM NO: 8
DATE: February 28, 2024
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Proposed Modification to the Commission Appointment Policy 2-11 as Recommended by the Council Policy Committee
RECOMMENDATION:

Adopt the proposed modification to the Commission Appointment Policy 2-11 as recommended by the Council Policy Committee (Attachment 2).

BACKGROUND:

The Town Council Commission Appointment Policy sets forth procedures for a consistent recruitment, interview, and selection process for all Town Boards, Commissions, and Committees (hereafter Commissions). There have been several revisions to this Policy in the past years to ensure consistency.

On June 1, 2021, the Town Council approved an amendment to the Policy to add language that each applicant will be asked the same core questions provided to the Council, and this would not prevent Council Members from asking appropriate questions or modifying the questions provided.

On December 7, 2021, the Town Council approved an amendment to the Policy to include a standard list of four questions to ensure consistency in the interview process. The standard questions were limited to allow an applicant sufficient time to respond; however, this did not prevent Council Members from asking appropriate questions of applicants.

On March 15, 2022, the Town Council approved two amendments to the Policy. The first amendment specified that interviews and appointments would occur after the annual Mayor and Vice Mayor selection, and in the case of election years, after new Council Members have

Page 115 ends

PAGE 2 OF 3
SUBJECT: Commission Appointment Policy
DATE: February 28, 2024
BACKGROUND (continued):
been seated. The second amendment added the option for applicants to participate in the interview via teleconference.

On August 2, 2022, the Town Council approved an amendment to the Policy to remove the reference to the length of time for each interview and add language to allow a change in the order of the questions and the ability to rotate which Council Member asks a specific question.

On September 20, 2022, the Town Council approved an amendment regarding attendance adding language allowing excused absences up to 12 weeks due to the birth of a child as consistent with the Family Medical Leave Act and the California Family Rights Act.

On October 3, 2023, the Town Council approved an amendment to the Policy to incorporate language stating the following Diversity, Equity, and Inclusion Commission membership seats may or may not reside in Los Gatos: Los Gatos business owner, Los Gatos employee, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee.

This Policy was most recently updated in November 2023 to remove the requirement for Council to review the interview questions annually given the broad discretion afforded to the Town Council in its use of the standard questions and the discretion of the Council to ask other appropriate questions of applicants.

On December 6, 2023, the Town Council conducted Commission interviews. After the interviews, there were concerns raised regarding the length of time allowed for applicant answers during the interview process.

At its January 23, 2024, meeting, the Committee directed staff to bring the Commission Appointment Policy 2-11 to the February meeting before the scheduled Commission interviews in March.

DISCUSSION:

After public testimony, the Committee discussed the interview process and potential recommendations for future interviews. The Committee suggested conducting future interviews with Council Members and applicants seated at the table in the Council Chambers. They also suggested having the applicants for each Commission interviewed as a group rather than individually and discussed implementing a time limit on answers for each question asked of a candidate. The Commission unanimously agreed to forward a recommendation to the Town Council to approve a policy modification to add a two-minute time limit for answers.

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PAGE 3 OF 3
SUBJECT: Commission Appointment Policy
DATE: February 28, 2024
CONCLUSION:

Staff recommends the Council approve the proposed modification to the Commission Appointment Policy 2-11 to add a two-minute time limit for answers.

The March 5, 2024 Council agenda has two separate items recommending changes to the Commission Appointment Policy. If both are approved, a single update will be prepared incorporating both modifications.

COORDINATION:

This report was coordinated with the Town Clerk, Town Manager, and Town Attorney.

FISCAL IMPACT:

Amendments to the Town Council Commission Appointment Policy have no fiscal impact.

ENVIRONMENTAL ASSESSMENT:

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

Attachment:

1. Red-lined Commission Appointment Policy

2. Clean Commission Appointment Policy

Page 117 ends

SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 1

Page 118 ends

Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Diversity, Equity, and Inclusion Commission:

Membership composition shall be as outlined in the Commission’s enabling resolution and includes a Los Gatos business owner/employee, faith leader who leads a congregation in Los Gatos, and Los Gatos non-profit employee who may or may not reside in Los Gatos.

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.

Page 119 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
3 of 7
POLICY NUMBER:
2-11

QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

2. Advertise the vacancies, including the application deadline and the interview date.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:

Page 120 ends

5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

Page 121 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
5 of 7
POLICY NUMBER:
2-11

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

The standard questions are limited in number to allow an applicant sufficient time to respond.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

B. Mid-Term Recruitments

Page 122 ends

Responsibility and Action: Applicant

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

Page 123 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
7 of 7
POLICY NUMBER:
2-11

1. Failure to attend Advisory Body meetings.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney

Page 124 ends

SCOPE
This Policy applies to all applicants to Town Boards, Commissions and Committees.

Interviews of the applicants conducted in public by the Town Council demonstrates that it values these appointments and that all have an equal opportunity to be appointed.

Applicants may apply to more than one Commission, and shall rank their choices in their preferred order, during each recruitment cycle.

Small Town Service Community Stewardship Future Focus
ATTACHMENT 2

Page 125 ends

Youth Commission:

The members shall be students who are entering grades 8 through 12 in the fall.

Diversity, Equity, and Inclusion Commission:

ATTENDANCE REQUIREMENTS

1. All members of all appointive Town Advisory Bodies should attend all regular and special meetings of said Advisory Bodies.

2. Any member not in attendance at a regular meeting of said Advisory Body for at least 70% of the meeting shall be considered absent.

4. Consistent with the Family Medical Leave Act and the California Family Rights Act, absences of up to 12 weeks due to parental leave constitute excused absences.

Page 126 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
3 of 7
POLICY NUMBER:
2-11

QUORUM REQUIREMENTS
The number of members needed to constitute a quorum on any Town Advisory Body shall be a majority of the total number of filled seats.

PROCEDURES
The following procedures will be followed by the applicant, the Town Clerk, and the Town Council for the appointment of applicants to Town Commissions:

The Town Clerk shall perform the following duties in conducting an annual recruitment for Commission members:

2. Advertise the vacancies, including the application deadline and the interview date.

3. Prepare and maintain easily understood applications for appointment to Commissions.

Applications shall include the following policy information:

Page 127 ends

5. Notify the applicant by letter or email as to the date and time of the interview and provide the option for an in person or teleconference interview.

1. If appointed, what ideas would you like to see the Commission explore?

2. Please expand beyond the written response on your application: your experience, interest, and/or expertise that you feel would be most useful to the Commission.

Page 128 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
5 of 7
POLICY NUMBER:
2-11

3. Please elaborate on any written response provided in the application to assist the Council learn more about you.

4. If you did not answer any of the questions on the application, please explain why.

The standard questions are limited in number to allow an applicant sufficient time to respond.

5. If an applicant(s) is appointed to an Advisory Body which has vacancies for both full and partial, unexpired terms, the length of the appointee’s term will be determined by the Mayor.

B. Mid-Term Recruitments

Page 129 ends

Responsibility and Action: Applicant

5. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the "Oath of Office."

6. Attend Advisory Body meetings once term begins.

7. Read the Commissioners’ Handbook. Hard copies of the Handbook are to be returned to the Town Clerk when the term is complete.

Responsibility and Action: Town Council

1. Review applications.

2. For adult applicants – Interview applicants individually by Commission at a public meeting with all applicants present.

For student applicants – Town Council Selection Committee interviews applicants.

3. Determine if the incumbents not in attendance and having submitted a letter pursuant to this Policy should be considered for reappointment.

Page 130 ends

TITLE: Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum
PAGE:
7 of 7
POLICY NUMBER:
2-11

1. Failure to attend Advisory Body meetings.

3. Failure to comply with all Town Policies, Guidelines, and Handbooks.

APPROVED AS TO FORM:
________
Gabrielle Whelan, Town Attorney

Page 131 ends

PREPARED BY: Erin Walters, Associate Planner and
Jocelyn Shoopman, Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and the Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 9
DATE: February 29, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Provide Direction on the Proposed Revisions to the Draft Revised 2023-2031 Housing Element and Next Steps. Location: Town-Wide. General Plan Amendment Application GP-22-003.

RECOMMENDATION:

Discuss and provide direction to staff on the proposed revisions to the Draft Revised 2023-2031 Housing Element and next steps.

BACKGROUND:

On December 1, 2023, the Town received the California Department of Housing and Community Development’s (HCD) findings/comment letter, previously provided as Attachment 3 to the January 16, 2024 Town Council staff report. A link to past staff reports and attachments can be viewed on the Town’s website at: https://losgatos-ca.municodemeetings.com.

On December 19, 2023, the Town Council unanimously voted to follow the following process regarding the 2023-2031 Housing Element update, which includes the following actions:

1. Prioritizing the comments from the December 1, 2023 HCD comment letter;

2. Addressing the most challenging comments first and presenting the draft text of the Draft Revised Housing Element to the Town Council for review, including examples from two to three certified Housing Elements. Additionally, the Town Council hearing will provide the public with an opportunity to comment on the draft text with staff addressing the public comments in subsequent meetings, as needed;

3. Scheduling Town Council meetings with staff and the Housing Element consultant on a regular basis to complete the edits;

4. Reviewing the proposed edits with HCD, as frequently as HCD is able to meet with Town staff, and the Housing Element consultant and providing written feedback to the Council about HCD’s responses; and

Page 132 ends

PAGE 2 OF 6
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
BACKGROUND (continued):

The Town Council also unanimously voted to review the Draft Revised Housing Element prior to a resubmittal to HCD.

On January 16, 2024, the Town Council met to review and discuss the proposed revisions to the Draft Revised Housing Element in response to the December 1, 2023 HCD comment letter. The Town Council provided direction for each HCD comment.

On January 18, 2024, staff and the Town’s Housing consultant met with the Town’s HCD reviewer and received an informal preliminary review matrix. A copy of this informal preliminary review matrix was previously provided as Attachment 9 to the January 16, 2024 Town Council staff report, available online on the Town’s agenda website at: https://losgatosca.municodemeetings.com. The informal preliminary comments are based on the proposed edits made to the Draft Revised Housing Element and provided to the Town’s HCD reviewer for initial feedback on December 24, 2023.

On January 18, 2024, the Housing Element Advisory Board (HEAB) met to review and discuss the proposed revisions to the Draft Revised Housing Element in response to the December 1, 2023 HCD comment letter; Town Council direction provided on January 16, 2024; and HCD’s informal preliminary review matrix provided on January 18, 2024.

On February 6, 2024, the Town Council met to review and discuss the proposed revisions to the Draft Revised Housing Element. The Town Council voted to modify the language of Program J and Program AY. The Town Council also approved a motion to confirm that the work of the HEAB is complete.

On February 20, 2024, the Town’s HCD reviewer provided a second informal preliminary review matrix based on revisions made to the Draft Revised Housing Element and informally provided to the Town’s HCD reviewer on February 1, 2024 and February 9, 2024 (Attachment 21).

On February 20, 2024, the Town Council met to review and discuss the proposed revisions to the Draft Revised Housing Element made at the February 6, 2024 Town Council meeting, as summarized below in Section A of this report.

DISCUSSION:

The primary purpose of this agenda item is for the Town Council to review and discuss the proposed revisions to the Draft Revised Housing Element. Staff is also seeking direction from Town Council on the timing of next steps, including the required seven-day public review period and the resubmittal to HCD for the formal 60-day review.

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PAGE 3 OF 6
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):

A. Town Council Meeting – February 20, 2024
The Draft Revised Housing Element was reviewed by Town Council on February 6, 2024, and February 20, 2024. The Town Council staff reports and attachments can be viewed online at:
https://losgatos-ca.municodemeetings.com.

The revisions made to the various iterations of the Draft Revised Housing Element are color coded as follows:
 Blue highlighting denotes revisions reviewed by Town Council at the January 16, 2024 Town Council meeting.
 Green highlighting denotes revisions reviewed by the Town Council at the February 6, 2024 Town Council meeting.
 Grey highlighting denotes revisions made at the February 6, 2024, and February 20, 2024 Town Council meetings.

On February 20, 2024, the Town Council approved the following motions:

1. Include the language that HCD included in their letter, to add the words “including the combination of small multi-unit housing, religious institutions, Junior Accessory Dwelling Units (JADU) and SB10” to Program J.

2. To modify language to Program J and Program AY to the following:

Modify the Zoning Code to facilitate small multi-unit housing in certain low and medium density designations. This includes creating mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Los Gatos households and expand housing choices in a variety of neighborhoods. Housing types include, but are not limited to single dwelling units, multifamily dwelling units, accessory dwelling units, small and micro units, use of prefabricated homes, and clustered/cottage housing. This zoning will occur in a variety of areas throughout the Town but NOT in areas which are in Very High Fire Hazard Severity Zones, historic districts, adjacent to home in our historic inventory (currently pre-1941) homes, in hillside residential zones, within 500 feet of an evacuation route and within a half mile of a transit stop. The modification of the zoning code to facilitate small multi-unit housing will occur in a variety of areas throughout the Town, but in no event in any of the following areas or locations: Very High Fire Hazard Severity Zones, historic districts, adjacent to homes in our historic inventory (currently pre-1941 homes), hillside residential zones, within 500 feet of an evacuation route, or farther than one half mile of a transit stop.

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PAGE 4 OF 6
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):

The following revisions were made to the Draft Revised Housing Element based on Town Council’s motions:

1. Modified language for the qualified objective for Program J on Page 10-46 of Chapter 10.

2. Modified language for Program J on Page 10-47 and Program AY on Pages 10-77 and 10- 48 in Chapter 10.

Extracted pages from the Draft Revised Housing Element to illustrate these proposed revisions in grey highlighting have been provided as Attachment 20.

On February 20, 2024, the Town Council unanimously approved a motion asking the Town Manager to share with the Council any information regarding the Housing Element that has been provided to HCD or received from HCD whether written or oral with 24 hours of receipt. Communications with HCD are further described in Section B below.

B. HCD Communications
On February 20, 2024, shortly before the Town Council meeting, the Town’s HCD reviewer provided a second informal preliminary review matrix (Attachment 17) based on revisions made to the Draft Revised Housing Element and informally provided to the Town’s HCD reviewer on February 1, 2024, and February 9, 2024.

On February 22, 2024, staff requested a meeting with the Town’s HCD reviewer and HCD’s Senior Program Manager to discuss the second informal preliminary review matrix prior to the March 5, 2024 Town Council meeting (Attachment 21).

On February 26, 2024, the HCD reviewer responded with availability to meet on Friday, March 1, 2024. Staff has scheduled a Zoom meeting on Friday, March 1, 2024 with Town staff, the Town’s Housing Element consultant, the Town’s HCD reviewer, and HCD’s Senior Program Manager to conduct a live editing meeting where staff and the Housing Element consultant can share the Town’s draft approach in addressing the preliminary review matrix comments.

Attachment 19 provides the HCD second informal preliminary review matrix with staff’s draft responses. Town staff and the Housing Element consultant will be meeting with HCD on Friday, March 1, 2024 to verify the Town’s draft approach to responding the comments.

An Addendum will be provided to Town Council on Monday, March 4, 2024, summarizing the results of the meeting with the HCD.

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PAGE 5 OF 6
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
DISCUSSION (continued):

C. Next Steps
This agenda item provides the Town Council an opportunity to discuss the proposed revisions to the Draft Revised Housing Element and provide direction to staff on the next steps. The Town’s Housing consultant and Town’s outside legal counsel will be available to answer Council Member questions. As required by AB 215, revisions to the Draft Revised Housing Element must be made available to the public for a seven-day review period prior to a formal resubmittal to HCD.

Should the Town Council be satisfied with the proposed revisions to the Draft Revised Housing Element, the seven-day review period could be started on Thursday, March 7, 2024, ending on Thursday, March 14, 2024, with a formal resubmittal to HCD by Monday March 18, 2024. Subsequent review by HCD will take up to 60 days.

CONCLUSION:

Staff looks forward to the Town Council’s discussion and direction.

PUBLIC COMMENTS:

The meeting has been publicized on the Town’s website and through the Town’s social media platforms. As of the drafting of this report, no comments from the public have been received.

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 and available on the Town’s Housing Element website at: https://www.losgatosca.gov/EnvironmentalAnalysis. 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, because the Housing Element update is consistent with the growth projections evaluated in the General Plan EIR.

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PAGE 6 OF 6
SUBJECT: DRAFT REVISED 2023-2031 HOUSING ELEMENT/GP-22-003 DATE: February 29, 2024
ATTACHMENTS:

Previously Received with the January 16, 2024 Staff Report:

1. Draft Revised Housing Element, Track Changes Copy

2. Draft Response Table

3. December 1, 2023 HCD’s Findings Comment Letter

4. Public Comments Received Between 11:01 a.m., Tuesday, December 19, 2023, and 11:00 a.m., Thursday, January 11, 2024
Previously Received with the January 16, 2024 Desk Item:

5. Comments from the Vice Mayor

6. Public Comments Received Between 11:01 a.m., Thursday, January 11, 2024, and 11:00 a.m., Tuesday, January 16, 2024
Previously Received with the February 6, 2024 Staff Report:

7. Draft Revised Housing Element, Track Changes – January 2024

8. Draft Response Table – January 2024

9. HCD Informal Preliminary Review Matrix with Staff’s Responses

10. Goldfarb & Lipman, LLP Feedback Table with Staff’s Responses

11. Track Changes and Clean Version of Program AY Housing Mobility

12. Public Comments Received Between 11:01 a.m., Tuesday, January 16, 2024, and 11:00 a.m., Thursday, February 1, 2024
Previously Received with the February 5, 2024 Addendum:

13. Pages from the Draft Revised Housing Element Without the Recommendations Made by the Housing Element Advisory Board

14. Correspondence with HCD
Previously Received with the February 20, 2024 Staff Report:

15. Extracted Pages from the Draft Revised Housing Element with Revisions Previously Received with the February 20, 2024 Desk Item:

16. Correspondence with HCD

17. HCD Second Informal Preliminary Review Matrix

18. Public Comment Received Between 11:01 a.m., Thursday, February 15, 2024, and 11:00 a.m., Tuesday, February 20, 2024
Attachments Received with this Report:

19. HCD Second Informal Preliminary Review Matrix with Staff’s Responses

20. Extracted Pages from the Draft Revised Housing Element with Revisions

21. Correspondence with HCD

Page 137 ends

Town of Los Gatos Informal 2 Preliminary Review
Received 12/24/2023
Subsequent Informal 2: 2/01/24
*Green highlighting denotes HCD’s Second Informal Preliminary Review Comments Prior Review: 12/01/2023
Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
Affirmatively Furthering Fair Housing
Income and Racial Concentration Area of Affluence
(RCAA): The element now includes actions to
promote an inclusive community; however, the
element must provide specific analysis of income and
RCAA at a regional level (town compared to the
broader region) to better formulate appropriate
policies and programs. 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.

A-69 ~/No A-71 Yes/~ Minimal revision.

Prior Review: Minimal analysis added;
should address trends, coincidence
with other factors (e.g., income, TCAC),
past strategies and effectiveness such
as result of North 40 in the prior
planning period, zoning, land use and
other factors. These analyses should be
incorporated into contributing factors
New language discussing the past
effectiveness of diversifying the
Town’s housing stock was added in
a grey highlight to Appendix A on
Page A-19. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft
approach to responding to this
comment.

Contributing Factors to Fair Housing Issues: Based on
a complete analysis, the element should re-assess
and prioritize contributing factors to fair housing
issues. For example, the Town is wholly a RCAA,
highest resource and highest median incomes in
contrast to the rest of the region. As a result, fair
housing issues such as the lack of affordable housing
and segregation from the rest of the region should be
a high priority.

A-18 ~ A20 Yes Re-assess based on a complete analysis
Goals and Actions: As noted above, the element must
include a complete analysis of affirmatively
furthering fair housing (AFFH). The element must be
revised to add goals and actions based on the
outcomes of a complete analysis.

In addition, while the element includes some actions
toward AFFH and enhancing housing mobility (e.g.,
choices and affordability), actions should be added,
10-43-
10-50-
10-65
10-66
~/No 10-76 ~ Include metric for home sharing action
(Program Q).

Program AY
Prior Review: See Programs J, L, O, Q,
T, AV
A quantified metric was included in
a grey highlight for the
homesharing action in Program Q
on Page 10-53 of Chapter 10, as
well as Program AY on Page 10-79
of Chapter 10. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft
ATTACHMENT 19

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
numeric targets should be increased, and geographic
targeting should be fine-tuned to better promote
inclusive neighborhoods throughout the Town. This is
particularly important since over 80 percent of the
lower-income regional housing need allocation
(RHNA) is isolated in two census tracts. As noted in
HCD’s prior review and the assessment of fair
housing, the Town is wholly a racially concentrated
area of affluence, highest resource and highest
median incomes in contrast to the rest of the region.

These conditions and circumstances warrant
significant and robust actions (not limited to the
RHNA) to promote housing mobility and increasing
housing choices and affordability throughout the
Town, including lower-density neighborhoods.

Actions should be added and revised with aggressive
numeric targets and geographic targets throughout
the Town, including lower-density neighborhoods.

Examples include creating more housing choices and
affordability in single-family neighborhoods beyond
complying with law (e.g., SB 9, ADUs) such as missing
middle housing types, targeting affordable housing
funding, homesharing, more than one unit of
converted space within a single-family structure,
increased multifamily capacity, enhanced efforts on
religious institutional sites and other alternative land use and financing strategies.

Program J should clarify that capacity
will be increased (not just zoning text),
development standards will be
adjusted to facilitate maximum
densities and increase the objective
(~150 units) or add strategies (religious
institutional, JADU plus, SB 10)
Consider adding JADU plus to ADU HCV
homesharing program and increasing
objective
Program AV should go beyond
complying with SB 9 (marketing,
modification to development
standards)
For all housing mobility actions
(Programs J, L, O, Q, T, AV), geographic
targeting should be revised to clarify
town-wide including highest median
income areas and numeric targets
should be reflected with geographic
targeting (e.g., 100 units townwide and
50% in highest median income areas)
approach to responding to this
comment.

Sites Inventory, Analysis and Adequate Sites
Small Sites: The element identifies several sites with
parcels less than a half-acre (p. D-13) that have
common ownership and, in some cases, expressed
interest to redevelop the site. For small sites with
expressed interest in redevelopment, the element
should clarify that the expressed interest is also in
consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the
circumstances leading to the potential for
consolidation such as necessity to consolidate due to
access, feasibility, shape, or site planning flexibility.

Based on the outcomes of this analysis, the element
D-2 Yes D-11 N/A

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
should add or modify Program K (Lot Consolidation)
to further promote lot consolidation, if appropriate.

Electronic Sites Inventory: For your information,
while the Town has submitted an electronic sites
inventory as part of this submittal, pursuant to
Government Code section 65583.3, the Town must
submit an electronic sites inventory with its adopted
housing element. Please see HCD’s housing element
webpage at https://www.hcd.ca.gov/planningandcommunity-development/housing-elements for a copy of the form and instructions. The Town can
reach out to HCD at [email protected] for
technical assistance

N/A FYI FYI
Adequate Sites Programs: As noted in the prior
review, if necessary to make appropriate zoning
available to accommodate the lower-income RHNA,
programs must be revised to meet all requirements
pursuant to Government Code section 65583.2,
subdivisions (c), (h) and (i). The element includes
Programs D (Program By Right Zoning Text
Amendment to Accommodate RHNA), AR (General
Plan Amendment) and AS (Adequate Sites for
Housing) to address these requirements. With
respect to sites identified in prior planning periods,
the element meets statutory requirements, but these
actions must be completed by January 31, 2024. With
respect to a shortfall of adequate sites to
accommodate the lower-income RHNA, the element
includes Programs AR and AS. However, the
Programs commit to the appropriate zoning given the
rezoning occurs after the statutory deadline of
January 31, 2023. HCD understands the Town
completed the rezoning after the statutory deadline
and, therefore, the rezoning must meet all by right
requirements pursuant to Government Code section
65583.2, subdivisions (h) and (i). Based on a cursory
review, the rezoning does not appear to meet these
requirements. As a result, these programs must
clearly commit to meet all by-right requirements by
January 31, 2024.

Not
Found
No/? Yes Rezone ordinance 2347, Ord 2348, Ord
2349, Ord 23507;
The second reading of the
amendment to the Housing
Element Overlay Ordinance will be
heard by the Town Council on
March 5, 2024.

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
In addition, please be aware, the recent California
appellate decision in Martinez v. City of Clovis found
that while overlays can be used in a rezone, when the
base zone allows residential development, both the
base zone and the overlay zone must comply with
the minimum density requirements of Government
Code section 65583.2, subdivision (h). The Town may
need to adjust its rezoning strategy if the underlying
zoning for sites that will be rezoned allows minimum
densities less than 20 dwelling units per acre.

Martinez v. City of Clovis (2023) 90 Cal.App.5th 193,
307 Cal.Rptr.3d 64.

For example, lot coverages, heights, and setbacks in
the Multifamily Residential (RM) zone; and lot
coverage heights and guest parking requirements in
the North Forty Specific Plan could be constraints.

Based on the outcomes of a complete analysis, the
element should add or modify programs to include
specific commitment to review and revise these
development standards as necessary.

C-1
C-5
10-62
? 10-43 No Program D includes action to remove
guest parking in North Forty Specific
plan; however, include a program to
revise all MF guest parking
requirements, specifically RM, CH
zones.

Prior Review: RM parking program?
Guest parking reduced?
Guest parking and lot coverage in the
North Forty Specific Plan analyzed?
Additional language was added in a
grey highlight to Program AA on

Page 10 ends

the intent of the program to amend
the Zoning Code for guest parking
requirements in all zones of the
Town. Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to verify the Town’s draft approach
to responding to this comment.

Local Processing and Permit Procedures: The element
now discusses decision-making bodies and lists
approval findings for the Architecture and Site
Application. However, the element should also
analyze these processes to better inform programs to
address identified constraint. For example, the
element mentions the decision-making body depends
on the scope of the application. The element should
explain the scope, resulting decision-making body
and impacts on approval timing and certainty. In
addition, the element lists approval findings and
10-62 No/? C-41 ~ Brief statement made on approval
body but must discuss and analyze the
scope of the trigger for PC review.

Program AQ
Prior Review: See Program AQ
Program should remove or modify
Findings 4 and 6 of the architectural
and site process
Additional language was added in a
grey highlight to Page C-41 of
Appendix C to clarify that the
Planning Commission is the
deciding body for all types of multifamily residential and mixed-use projects. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to verify the Town’s draft

Page 141 ends

Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
concludes some findings may be constraints then
modifies Program AQ (Zoning Code Amendments) to
amend approval findings (considerations). But the
element should discuss which approval findings may
be constraints to better inform implementation of
Program AQ.

Scope trigger for approval body
analyzed? Addressed?
approach to responding to this
comment.

Remove the housing unit cap Programs: As noted
above, 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. In addition,
programs should be revised, as follows:

TBD TBD Depends on complete analysis
Program D (Additional Capacity for the North Forty
Specific Plan): The Program should also commit to
establish or modify development standards to
facilitate achieving maximum densities, regardless of
the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow
maximum build out of each parcel, including State
Density Bonus Law or other circumstances that might
warrant increasing allowable densities.
10-41 ~/No/? No Include a specific commitment to
increase or remove unit cap (within 6
months)
Prior Review: No action included to
modify development standards?
No action to remove cap.

Commitments should also not
implement the cap to allow maximum
build out of each parcel or other
circumstances warranting increasing
allowable densities
The language of Program D on Page
10-43 of Chapter 10 was modified
in a grey highlight to state that the
North Forty Specific Plan will be
amended to remove the unit cap.

Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to verify the Town’s draft approach
to responding to this comment.

Program V (Housing opportunities for Persons living
with Disabilities): Given the importance of promoting
housing access for persons with disabilities, the
Program could be modified with a date earlier in the
planning period (e.g., by December 2024).
? No/? 10-57 Yes
Program AA (Reduce Parking Standards): The
Program currently commits to “Initiate a study to
determine specific updates…” While initiating a study
and making a determination are important steps by
themselves, these actions do not result in outcomes.

The Program should clearly commit to amending the
municipal code. For example, the Program could
commit to: “Initiate a study and outreach, including
with developers, and amend the Municipal Code, as
follows:…”
10-53 Yes N/A

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
Program AQ (Zoning Code Amendments): The
Program commits to apply the Housing Element
Overlay Zone (HEOZ) to identified sites and modify
development standards. HCD understands this action
has been completed. Based on a cursory review of
the Town’s Ordinance 2347, some development
standards such as heights may be a constraint on
achieving maximum densities. As a result, this
Program should commit to monitor and evaluate
these development standards, including outreach
with the development community, and making
adjustments, as appropriate, by a specified date.
10-61 ~/No 10-70 Yes Program AQ
Program AW (Story Poles and Netting Policy): While
the Program now commits to revise Story Poles and
Netting Policy Requirements; these requirements are
constraints and impact housing costs; supply
(number of units) and approval certainty and should
be removed or replaced with cost effective measures
to promote certainty for the developers and the
community. Further, the element should evaluate the
effectiveness of any future requirements or
measures, and making adjustments, as necessary, by
a specified date (e.g., by 2028).
10-65- No C-38 Yes Program AW
Prior Review: Video rendering should
be expanded to other visual methods
Scope of alternative should be
expanded to all multifamily and mixed
use
Housing Programs: ADU
Program Q Accessory Dwelling Units (ADU): While
the Program now commits to amend the ADU
Ordinance, it must also commit to establish
incentives such as modifying development standards
(e.g., heights), pursuing funding; waiving fees beyond
ADU law; proactive marketing and establishing points
of contact to ease permitting processes. In addition,
the Program commits to monitor production and
affordability of ADUs annually but should also
commit to making adjustments by a specified date
(e.g., within six months) if production and
affordability are not meeting assumptions. Further,
the Program should clearly commit to options
beyond incentives such as rezoning if production and
affordability far differs from assumptions.
10-48- Yes N/A

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
Public Participation:

Public participation in the development, adoption
and implementation of the housing element is
essential to effective housing planning. Throughout
the housing element process, the Town should
continue to engage the community, including
organizations that represent lower-income and
special needs households, by making information
regularly available and 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. HCD particularly encourages the
Town to continue engaging commenters on this
review. These comments contained valuable insights
that can result in a more effective housing elements,
especially related to programs and specific
commitment. HCD’s future reviews will continue to
consider the extent to which the revised element
documents how the Town solicited, considered, and
addressed public comments in the element. The
Town’s consideration of public comments must not
be limited by HCD’s findings in this review letter.
? 10-17 Yes/~ Summary of Public comments
submitted.

Town staff will continue to engage
with the community regarding the
Housing Element update process by
maintaining the information posted
on the Housing Element update
website, through posting on the
Town’s various social media
accounts, and evaluation of public
comments received.

Other (HCD use only)
Program J N/A No New language excluding missing
middle housing types in multiple areas
throughout the Town. The program
should remove new language and
proceed with previous program
language informally reviewed.

Modifications to the language of
Program J and Program AY were
made in response to the approved
motion from the February 20, 2024,
meeting in a grey highlight on Pages
10-46, 10-47, 10-77, and 10-78 of
Chapter 10. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to discuss the Town’s draft
approach to responding to this
comment.

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Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
HCD Feedback Summary Staff’s Draft Responses as
of 02/29/2024
Program AY N/A No See comments above. Modifications to the language of Program J and Program AY were
made in response to the approved
motion from the February 20, 2024,
meeting in a grey highlight on Pages
10-46, 10-47, 10-77, and 10-78 of
Chapter 10. Town staff and the
Housing Element consultant will be
meeting with HCD on Friday, March
1, 2024, to discuss the Town’s draft
approach to responding to this
comment.

Sb 9 units N/A 10-9
D-2
No/? Is the town now counting SB 9 units
towards RHNA? Table D-2?
The Town is not counting SB 9 units
towards the RHNA. Table D-2 of
Appendix D has the SB 9 row struck
out in the track changes version of
the Draft Revised Housing Element.

Town staff and the Housing
Element consultant will be meeting
with HCD on Friday, March 1, 2024,
to clarify this comment.

Public comments TBD Yes Additional comments?
Prior Review: Must address new public
comments
No additional comments at this
time. Town staff will continue to
engage with the community and
evaluate public comments received.

Document availability FYI FYI
Rezone timing FYI FYI Can’t be found in full compliance until all rezones are complete
The second reading of the HEOZ
was adopted by the Town Council
on December 5, 2023, and went
into effect on December 21, 2023.

A second reading of an amendment
to the HEOZ will be considered by
the Town Council on March 5,
2024.
50% nonvacant resolution FYI FYI
Electronic sites inventory FYI FYI
Overlay No Program AQ HE Overlay zone N/A
Modification Authority N/A N/A Informal submittal N/A

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10. Housing Element
JanuaryFebruaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-43
Programs
project) of sites identified in the Site
Inventory to maintain sufficient sites at
appropriate densities to accommodate
RHNA for lower income households. If an
approval of a development results in a
reduction of site capacity below the
residential capacity needed to
accommodate the remaining RHNA,
including for lower income households,
the Town will identify and zone sufficient
adequate sites at appropriate densities to
accommodate the remaining RHNA.

Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing tracking as developments are approved
Funding Source
None required
Quantified Objective
Maintain RHNA capacity
Performance Metric(s)
Number of units and affordability level applied for;
number of units and affordability level entitled;
number of units and affordability level permitted;
number of units and affordability level completed
D Additional Housing Capacity for the
North Forty Specific Plan
Amend the North Forty Specific Plan to
allow for a density from 30 increase the
maximum allowable density from 20
dwelling units per acre to 40 dwelling
units per acre and increase the total
number of dwelling units allowed in the
Specific Plan.

Sites identified in the North Forty Specific
Plan Area are reuse sites and must permit
owner-occupied and rental multi-family
uses by-right for developments in which
20 percent or more of the units are
affordable to lower-income households.

See Implementation Program ARAQ and
ASAR.

Amend the North Forty Specific Plan to
remove the housing unit capinclude a
policy specifying that additional units as a
result of the State density bonus law, SB
330, and other applicable state laws will
not count toward the unit cap. This
policyamendment will allow developments
to reach the maximum allowable density
plus the additional units due to density
bonus and other applicable regulations.

Annually monitor the impact of
implementing the cap on housing
production. If by the end of 2027 the cap
is found to be constraining to housing
production, amend the Specific Plan to
modify the cap.

Implementation Policies
HE-1.1 Adequate Sites
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
January 2024
Funding Source
None required
Quantified Objective
Facilitate the construction of 15 45 new homes for
lower-income households.

Performance Metric(s)
Number of affordable homeownership units entitled
and the number of units entitled for lower-income
Households
ATTACHMENT 20

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HCD Revised Draft Revised 2023-2031 Housing Element
10-44 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
Amend the North 40 Specific Plan to
remove guest parking requirements and
modify development standards to facilitate
achieving maximum densities.

E Affordable Development on Town
Owned Property
Pursue opportunities to work with an
affordable housing developer or enter into
a public-private partnership to develop to
construct affordable housing, targeting
lower-income households on Town owned
property.

Implementation Policies
HE-1.1 Adequate Sites
HE-2.9 Public/Private Partnerships
Responsible Department/Review Authority
Town Manager
Timeframe
Ongoing effort
Funding Source
None required
Quantified Objective
The number of Town owneds two properties that
could be suitable for affordable housing up to 20
units.

Performance Metric(s)
The number of Planning applications submitted for
new affordable housing
F Update Permit Software System
Update the existing permit software
system to better monitor average
processing times for ministerial and
discretionary development permits. Use
data to set baselines timelines to drive
improvements. Update the Town
planning and zoning regulations and
remove permit processing constraints as
appropriate.

Implementation Policies
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
Review and update regulations as appropriate at
biannual years
Funding Source
None required
Quantified Objective
Reduce processing time by five percent
Performance Metric(s)
Improve current permit processing time
G Report Annually on Housing Availability
Update the existing permit software system to
better monitor average processing times for
ministerial and discretionary development
permits. Use data to set baselines timelines to
drive improvements. Update the Town planning
Implementation Policies
HE-1.1 Adequate Sites
HE-1.5 Variety of Housing Choices
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe

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HCD Revised Draft Revised 2023-2031 Housing Element
10-46 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
Performance Metric(s)
Delivery of Housing Element
IJ Helping Senior Housing s
PrograResourcesm
Provide financial assistance for health,
safety, emergency and accessibility home
repairs to low-income seniors and lowincome mobile homeowners through the Below Market Price Program funds,
subject to availability of Program funds.

Provide regularly updated senior housing
resource materials at the Adult Recreation
Center, Library, and Farmers’ Market.

Implementation Policies
HE-1.6 Universal Design
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-6.1 Fair Housing
HE-6.2 Financial Assistance
HE-6.3 Housing for Persons with Special Needs
HE-6.4 Affordable Housing Awareness
Responsible Department/Review Authority
Responsible Department/Review Authority
Community Development Department and the
Town Council
Timeframe
Ongoing and annual effort
Update materials annually
Funding Source
Town Affordable Housing Funds
Quantified Objective
Maintain the existing housing stock by funding
three home repairs to lower income seniors
annually
Performance Metric(s)
Measure the number of units assisted versus the
need
JK Small Multi-Unit Housing, “Missing
Middle”
The Housing Element supports the land
use goal of providing opportunities for
housing that can accommodate the
needs, preferences, and financial
capabilities of current and future residents
in terms of different housing types,
tenures, density, sizes, and costs.

Specifically, the Town aims to create
mixed residential neighborhoods through
new and innovative housing types that
meet the changing needs of Los Gatos
households and expand housing in a
variety of neighborhoodsall
neighborhoods. These housing types
include, but are not limited to, single
dwelling units, multifamily dwelling units,
accessory dwelling units, small and micro
units, use of pre-fabricated homes, and
Implementation Policies
HE-1.5 Variety of Housing Choices
HE-2.4 Rental Housing
HE-3.3 Efficient Development Processing
Responsible Department/Review Authority
Community Development Department
Timeframe
December 2024
Funding Source
None required
Quantified Objective
Increase the number of housing units, including
the combination of small multi-unit housinglow-rise
multi-family developments, religious institutions,
Junior Accessory Dwelling Unit (JADU), and SB 10
by five50150 units from the previous yearover eight
years with the goal of achieving 100% of the units

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10. Housing Element
JanuaryFebruaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-47
Programs
clustered housing/cottage housing. The
Town will also promote small multi-unit
housing that increases density while
remaining consistent with the building
scale and character present in existing
neighborhoods. This includes multi-family
units or clustered residential buildings that
provide relatively smaller, less expensive
units within existing neighborhoods.

Update the Zoning Code to facilitate low
rise multi-family structures small multi-unit
housing in the low to mMedium
Residential Density designations.

Modify the Zoning Code to facilitate small
multi-unit housing in certain low and
medium density designations. This
includes creating mixed residential
neighborhoods through new and
innovative housing types that meet the
changing needs of Los Gatos households
and expand housing choices in a variety
of neighborhoods. Housing types include,
but are not limited to single dwelling units,
multifamily dwelling units, accessory
dwelling units, small and micro units, use
of prefabricated homes, and
clustered/cottage housing. This zoning
will occur in a variety of areas throughout
the Town but NOT in areas which are in
Very High Fire Hazard Severity Zones,
historic districts, adjacent to home in our
historic inventory (currently pre-1941)
homes, in hillside residential zones, within
500 feet of an evacuation route and within
a half mile of a transit stop. The
modification of the Zoning Code to
facilitate small multi-unit housing will
occur in a variety of areas throughout the
Town, but in no event in any of the
following areas or locations, Very High
Fire Hazard Severity Zones, historic
districts, adjacent to homes in our historic
inventory (currently pre-1941 homes),
hillside residential zones, within 500 feet
of an evacuation route, or farther than one
half mile of a transit stop.

Small multi-unit housing is defined as
multiple units on a single parcel (whether
attached or detached) that are compatible
in scale and form with detached singlefamily homes. Common housing types include duplexes; triplexes; fourplexes;
courtyard apartments; cottage courts;
in low to medium density designations and high
median income areas.

Performance Metric(s)
Complete Zoning Code amendment by December
2024 and track the number of entitled Planning
applications received per year

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HCD Revised Draft Revised 2023-2031 Housing Element
10-48 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
townhomes; triplex stacked (vertical); and
live-work spaces.

Promote this program through publication,
to include the following information: Low
rise multi-family dwelling units ranging
from two to 10 units can help meet the
needs of families, seniors and students.

Permit processing times tend to be
shorter than larger multi-family buildings
due to the low-rise nature of the
structures.

Specifically, update the Zoning to allow
for all housing types considered for the
provision of Small Multi-Unit Housing
types as part of Low Density High
Density Residential designations.

Research existing regulatory impediments
to the creation of new housing types that
have the potential to fulfill unmet housing
needs (e.g., tiny homes, co-housing
developments) and if necessary, amend
applicable ordinances and development
standards to facilitate and to allow for
their development at the maximum
density.

Pursue establishment of a maximum
average unit size as a tool to moderate
unit sizes for developments over a certain
size but to allow flexibility for a range of
unit sizes.

L Rental Housing for Large Families
Encourage development of multi-family rental
housing that is greater than two bedrooms to
encourage the provision of adequate rental
housing for families.

Implementation Policies
HE-1.5 Variety of Housing Choices
HE-2.4 Rental Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Ongoing and annual effort
Funding Source
None required
Quantified Objective
Four family friendly multi-family rental housing units
are entitled a year
Performance Metric(s)
Number of two-, three-, and four-bedroom units
entitled and number of family friendly designated
units
MK Lot Consolidation Implementation Policies

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HCD Revised Draft Revised 2023-2031 Housing Element
10-52 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
 Facilitate annual outreach to developers.

Annually identify development and housing
opportunities
 Reduce development impact fees and permit
processing fees for affordable housing projects
for extremely low and very low units by 10
percent
Performance Metric(s)
Number of affordable homeownership units entitled
and number of units entitled for moderate, low, and
very-low income households.

PT Purchase Affordability Covenants in
Existing Apartments
Create a program for the Town to
purchase affordability covenants with
BMP funding to increase the supply of
affordable housing or “buy-down” existing
affordability covenants to have deeper
affordable units in existing rental
properties. This program is analogous to
purchasing covenants in new
developments in conjunction with the
BMP program, but for existing
apartments.

In existing and new rental developments,
the Town could provide a rehabilitation
loan or another form of subsidy to a rental
property owner in exchange for securing
affordability covenants on a percentage of
units and the owner’s agreement to
restrict rents on these units to levels that
would be affordable to very low- and lowincome households.

Implementation Policies
HE-2.1 Financial Resources
Responsible Department/Review Authority
Community Development Department, Town
Council
Timeframe
January 2028 2026
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Affordability covenants for three housing units with
BMP funding to increase the supply of affordable
housing per year
Performance Metric(s)
Number of affordability covenants
UQ Accessory Dwelling Units
Facilitate ADU/JADU production with the
following efforts:
 Waive building fees when an ADU is
deed restricted for very low-and lowincome pursuant to Town Code (Section 29.10.320(a).
 Initiate a marketing program for
homeowners on the benefits of ADUs
and the availability of resources
(templates, cost calculators, technical
support) to support development.

Promote the use of Housing Choice
Vouchers (HCVs) and homesharing
(once established) to make the units
Implementation Policies
HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
HE-2.4 Rental Housing
HE-2.5 Pre-Approved Accessory Dwelling Units
HE-2.6 Promote Accessory Dwelling Unit
Construction
HE-2.7 Senior Housing
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-3.3 Efficient Development Processing
HE-3.5 Development Impact and Permit Fees
Responsible Department/Review Authority
Community Development Department
Timeframe

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10. Housing Element
JanuaryFebruaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-53
Programs
available to lower income
households.
 Collaborate with countywide efforts to
develop pre-approved ADU plans
suitable for Los Gatos, including
designs that are ADA accessible.

Streamline the review and permitting
of ADU’s by publishing pre-approved
plans including plans that are ADAcompliant, which shall be posted on the Town’s website.
 Promote California Housing Finance
Agency (CHFA) ADU grants of
$40,000 available to qualified
homeowners for pre-development
costs.
 Proactively promote information made
available through the Santa Clara
County Planning Collaborative, a joint
initiative of all 16 jurisdictions in the
county on the Town’s website with
resources for interested property
owners.
 Actively apply for grant programs, as
funds are made available to assist
property owners in the construction of
ADU’s/JADU’s. Monitor funding
availability annually.
 Develop and adopt objective
standards to allow more than one (at
minimum two) JADUs.

The Town’s ADU Ordinance goes beyond
the requirements of State law by allowing
a 10 percent increase in the floor area
ratio standards.

Annually monitor number of
ADU’s/JADU’s produced, affordability
levels. By July 2027, if the production of
ADU/JADU is falling short of the projected
trend, and make adjustmentsthe Town will
initiate developing strategies (additional
incentives, flexible development
standards, and/or identify additional sites
for housing development) to
accommodate a potential shortfall if
determined necessary (i.e. adopt
additional incentives or other
strategies).and assess whether additional
strategies and adjustments are necessary
to increase ADU production, including
searching for innovative funding sources
and revisiting the ADU marketing program
 Initiate marketing program and coordinate
efforts on pre-approved ADU plans (2023) and
other resources and services (December 2025)
 Select at least three plans and conduct media
campaign to promote (December 2024)
 Monitor Annually monitor the production and
affordability of ADUs
 Amend the ADU Ordinance (January 2024)
 Monitor ADU/JADU production against
projection by July 2027 and develop strategies
to address any potential shortfall in meeting
RHNA by the end of 2027 annually and adjust,
if necessary, within six months
Funding Source
Below Market Price Housing In-lieu Fees for
Waiving Building Fees and General Fund
Quantified Objective
 Facilitate cConstruction of at least 200 ADUs or
JADUs with a goal to facilitate construction of
up to 200 350 ADUs or JADUs throughout the
Planning period with a goal of 5% of these
units being affordable to lower-income
households and 50% in single-family, high
median income neighborhoods
 Publish pre-approved ADU plans and
templates, including designs that address ADA
and senior housing needs
 Post pre-approved plans on Town website
 Use the Town’s social media, website, local
press, and community events to distribute
information
 Adopt objective standards to allow more than
one JADU per property by July 2025
 Facilitate construction of at least 10 JADUs in
low density neighborhoods
 Through a homesharing program, assist at
least 50 homeowners in renting out available
ADUs and JADUs, especially in high/higher
resource areas throughout the Planning period
Performance Metric(s)
Number of Building Permits issued; number of
ADU/JADUs rented at a rental rate affordable for
very low-and low-income households

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10-54 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
for property owners. shortfall by the end
of 2027.

Amend the ADU Ordinance to comply
with State law.

Work with a nonprofit organization to
administer a homesharing program that
will expand beyond roommate matching,
by assisting homeowners in renting out
ADUs and JADUs, further serving
residents in the region with outreach for
potential tenants.

VR Density Bonus
Conduct a study to evaluate the existing
Density Bonus Ordinance and
recommend changes to increase the
number of units constructed. The study
will include an evaluation of the
implementation of the ordinance to date
and actual construction of affordable
housing units that utilized the Density
Bonus. Additional density and height
incentives beyond what the State requires
will be considered (i.e., fee reductions,
add free density of BMP units). The study
shall recommend improvements to the
Ordinance based on the outcome of the
evaluation.

Amend the Density Bonus Ordinance to
comply with State law.

Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.3 Mixed-Use Development
HE-2.8 Equal Housing and Special Needs
Responsible Department/Review Authority
Community Development Department
Timeframe
 Amend the Density Bonus Ordinance
(December 2024)
 Complete study by June 2026 and implement
recommended actions by December 2029
Funding Source
None required
Quantified Objective
Increase affordable housing units generated by an
amended Density Bonus Ordinance
Performance Metric(s)
Measure the number of affordable units that
received entitlements
W Affordable Housing Overlay Zone (AHOZ)
Continue to encourage development of housing
affordable to all income levels on property within
this Town Overlay Zone. The Overlay property
on Knowles Avenue is a key site for a mixed
income affordable housing project.

Implementation Policies
HE-3.1 Regulatory Incentives for Affordable
Housing
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-2.9 Public/Private Partnerships
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete by 2025
Funding Source

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HCD Revised Draft Revised 2023-2031 Housing Element
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Programs
Study and implement recommendations
with regard to the Town’s Rental Dispute
Mediation and Arbitration Ordinance 2128
to help further stabilize rents for long-term
residents.

HE-2.4 Rental Housing
HE-6.6 Rental Dispute Mediation and Arbitration
Ordinance
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Municipal Code changes by June 2025
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Implement improvement opportunities for the
Rental Dispute Mediation and Arbitration Ordinance
Performance Metric(s)
Measure the number of disputes resolved versus
unresolved
AIAA Reduce Parking Standards
Initiate a study and outreach, including
developers to determineand to make
specific updates that would result
amendments to for the Municipal Code,
as follows to address the following:
 Align parking requirements with the
preparation of Objective Design
Standards.
 Reduce parking requirements near
transit.
 Remove guest parking requirements
for all residential and mixed-use
projects in all zones.
 Allow parking to be unbundled from
residential units.

Implementation
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Town Code changes by June 2025
Funding Source
None required
Quantified Objective
Zoning Code amendment to reduce parking
standards
Performance Metric(s)
Zoning Code amendment
AJAB Allow for 100 Percent Affordable
Residential Development in Mixed-Use
General Plan Designations
Amend the General Plan and the
Municipal Code to allow for 100 percent
affordable residential development
without the requirement of commercial
uses.

Implementation
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement General Plan and Municipal Code
changes by June 2024
Funding Source

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10. Housing Element
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10-77
Programs
Establish a list by December 31, 2024, to post
online.

Funding Source
General fund (staff time)
Quantified Objective
Annually update the list or upon request from a
local union.

Performance Metric(s)
N/A
AY Housing Mobility
Housing mobility strategies consist of
removing barriers to housing in areas of
opportunity and strategically enhancing
access (Los Gatos is entirely highest
resource in terms of access to opportunity
and a concentrated area of affluence). To
improve housing mobility and promote
more housing choices and affordability
townwide, including in lower density
neighborhoods, the Town will employ a
suite of actions to expand housing
opportunities affordable to extremely low,
very low-, low-, and moderate-income
households. Actions and strategies
include:
 SB 9 – Monitor the Town’s SB 9
standards and amend standards to
facilitate SB 9 applications (e.g.,
duplexes in single-family zones) if the
Town is not on track to meet its SB 9
application goals during the planning
period. See Program AV.
 Rezoning for Small Multi-Unit
Housing, “Missing Middle” – Modify
the Zoning Code to facilitate small
multi-unit housing in certain the low
and to medium density designations.

This includes creating mixed
residential neighborhoods through
new and innovative housing types
that meet the changing needs of Los
Gatos households and expand
housing choices in a variety of
neighborhoods. Housing types
include, but are not limited to single
dwelling units, multifamily dwelling
units, accessory dwelling units, small
and micro units, use of prefabricated
homes, and clustered/cottage
housing. This zoning will occur in
Implementation
Policy HE-1.5 Variety of Housing Choices
Policy HE-1.7 Infill Opportunities in Single-Family
Neighborhoods
Responsible Department/Review Authority
Community Development Department
Timeframe
Annually review overall progress and effectiveness
in April and include information in annual report to
HCD. If the Town is not on track to meet its 160
affordable housing unit goal for the 8-year RHNA
cycle by 2027 (i.e., 80 affordable units built or in
process by 2027), the Town will consider
alternative land use strategies and make necessary
amendments to zoning or other land use
documents to facilitate a variety of housing choices,
including but not limited to, strategies that
encourage missing middle zoning (small-scale
multi-unit projects), adaptive reuse, and allowing
additional ADUs and/or JADUs, within six months,
if sufficient progress toward this quantified objective is not being met.

Funding Source
General fund (staff time)
Quantified Objective
Provide 160 housing opportunities affordable to
lower income households by January 2031.

Performance Metric(s)
Townwide, but especially lower-density
neighborhoods.

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10-78 HCD Revised Draft Revised 2023-2031 Housing Element MarchSeptemberNovemberJanuary February 20232024
Programs
avariety of areas throughout the Town
but NOT in areas which are in Very
High Fire Hazard Severity Zones,
historic districts, adjacent to home in
our historic inventory (currently pre1941) homes, in hillside residential zones, within 500 feet of an
evacuation route and within a half
mile of a transit stop. The
modification of the Zoning Code to
facilitate small multi-unit housing will
occur in a variety of areas throughout
the Town, but in no event in any of
the following areas or locations, Very
High Fire Hazard Severity Zones,
historic districts, adjacent to homes in
our historic inventory (currently pre1941 homes), hillside residential zones, within 500 feet of an
evacuation route, or farther than one
half mile of a transit stop. See
Program J.
 Housing on Town Sites – Enter into a
public-private partnership to develop
housing, targeting low-income
households, on Town owned
properties. See Program E.
 Enhanced Inclusionary Housing –
Assess and amend the Town’s
inclusionary housing requirements to
better produce low-income units and
units for special needs groups
townwide. See Program L.
 Accessory Dwelling Units (ADUs) –
Encourage and streamline ADUs in
single-family neighborhoods by
preparing standardized ADU plans
with a variety of unit sizes and by
affirmatively marketing and outreach
to increase awareness and the
diversity of individuals residing in Los
Gatos. See Program Q.
 Junior ADUs – Develop and adopt
objective standards to allow more
than one (at minimum two) Junior
ADU per structure by July 2025. The
objective is to achieve at least 10
JADUs in lower-density
neighborhoods by January 2031.

See Program Q.
 Religious Institutional Sites – Expand
housing opportunities on all religious
institutional sites within the Town.

See Program S. Conduct outreach to

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10. Housing Element
JanuaryFebruaryNovemberSeptember March 2023 2024 HCD Draft Revised Draft 2023-2031 Housing Element
10-79
Programs
owners and operators of religious
institutions to raise awareness and
encourage housing proposals.

Increase affordable housing on
religious institution/faith-based site(s)
during the 2023-2031 planning period
by 25 units. If no application for
housing on a religious institution/faithbased site is received by December 2025, the Town will expand outreach
efforts to be conducted annually.

This may include direct mailings to
faith-based sites highlighting
successful affordable housing units
on other faith-based sites, as well as
available Town resources and
programs to support such projects
(e.g., Programs N, P, T, AI, AJ –
Assist in securing funding for
affordable housing projects).
 Homesharing – Research and pursue
a homesharing program, including
coordination with non-profits and
others to assist at least 50
homeowners in renting out available
ADUs and JADUs with with matching
tenants with existing homeowners.

The Town will publicize and take
other actions as necessary (e.g.,
facilitate presentations at the Los
Gatos Adult Recreation Center, etc.)
at least annually with the goal of five
opportunities per year. See Program
T.

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Appendix A. AFFH Report
JanuaryFebruaryNovemberSeptemberMarch 20232024Appendix A A-19  Past priorities for single-family residential land uses through planning and zoning efforts as well as historical restrictive covenants have contributed to the prevalence of RCAAs in the Town.  The Town will use “Affirmative Marketing” strategies, as described in Implementation Program AT BI, to work with affordable and market rate housing developers to ensure that affordable housing is affirmatively marketed to households with disproportionate housing needs, including Hispanic and Black households who work in and live outside of Los Gatos (e.g., materials in Spanish and English, distributed through employers). The Town will also amend its Zoning Ordinance in order to increase the development of affordable housing.
 The adoption of the North Forty Specific Plan by the Town Council in 2015 provided diversity in the housing stock for the Town. As described in Implementation Program D, the Town will amend the North Forty Specific Plan to allow for an increase in the density from 30 dwelling units per acre to 40 dwelling units per acre and will remove the housing unit cap.  Opportunities, including employment, environmental, economic, and housing may not be accessible to all residents, especially those in vulnerable populations.
 In addition to Program AT described above, Los Gatos will implement programs to facilitate the development of affordable housing, including special needs housing, to increase housing opportunities in the Town (Programs D, E, L, N, O, W). The Town will also serve vulnerable populations through Senior Housing Resources (Program I), Housing Opportunities for the Homeless (Program U), Assistance for Persons with Developmental Challenges (Program V), and Supportive Services for the Homeless (Program Y). The Town also aims to increase transportation opportunities for new households through Program AF, Transit Oriented Development.
 In addition to actions to facilitate new affordable housing opportunities described previously, the Town has outlined place-based strategies for neighborhood improvement with the following metrics to develop better access to opportunities (environmental, housing, etc.). Specifically, the Town will complete three minor home repairs or accessibility improvements for lower income households annually, provide rehabilitation to five low-income homeowner units annually, and complete three projects related to public facilities and transportation infrastructure.

Fair Housing Issue
Los Gatos feeds to high performing schools, yet, except for Asian students, students of color cannot take advantage of these learning opportunities because they cannot afford to live in Los Gatos.

Priority Level: LowHigh
Contributing factors:
 Lack of affordable housing overall due to high land costs, high construction costs, limited availability of land, limited availability of financing, duration of permitting process, cost of permitting process, and lack of incentives.
 The Town will address this issue by allocating a percentage of the Town’s Affordable Housing (Below Market Program) Fund to subsidize housing for extremely low-income households and by including housing development sites on the Sites Inventory in all areas of Town. The Town aims to increase BMP units by five units annually in addition to other actions to facilitate affordable housing development outlined in this Housing Element.

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Appendix C. Governmental and Non-Governmental Constraints FebruaryJanuaryNovember September March 20232024Appendix C C-1  Town’s Consulting Traffic Consultant
 Santa Clara Valley Water District
 County of Santa Clara – Health Department

4. Story Poles and Public Hearing Notices: Once a project is deemed complete the story poles and netting and project sign 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. 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 story poles and netting have been installed, and photographs have been submitted to the project planner. 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.

Public hearing notices will be sent out once the story poles process is complete. Public notices are sent out to property owners and tenants within 500 feet of the subject property for hillside zoned properties and 300 feet for non-hillside zoned properties.

5. Public Hearings: If a discretionary application is determined to require a public hearing, Division 7 of Chapter 29 of the Town Code assigns which hearing body has the authority to issue decisions for development applications. There are three types of public hearing bodies in the Town: Development Review Committee (DRC); Planning Commission (PC); and Town Council (TC).

Development Review Committee
The DRC consists of the following departments: Community Development (Planning and Building Divisions), Parks and Public Works, and Santa Clara County Fire. The Santa Clara County Environmental Health Department is also part of the DRC when certain matters require its input. The DRC has the authority to approve certain applications pursuant to Town Code and/or standards, that require no change in the General Plan or Zoning Code, meet the Zoning Code regulations, and meet the Residential Design Guidelines and/or Hillside Development Standard and Guidelines.

DRC meetings are held every Tuesday at 10:00 a.m. in the Town Council Chambers, located in the lower level of Town Hall. Applicants are sent a copy of the DRC agenda. The applicant and/or representative is required to be present, and members of the public are welcome to attend and participate.

If any applicant or an interested person as defined by the Town Code, wishes to appeal an action or decision of the DRC, such appeal must be made in writing with the required fee, to the Community Development Department within 10 calendar days of the DRC’s action or decision. The matter will then be set for hearing on the next available Planning Commission agenda.

Planning Commission
The PC consists of seven residents of the Town of Los Gatos, appointed to serve a four-year term. Upon appointment, Planning Commissioners must demonstrate knowledge of the Town Code and its land use and planning policies. The PC has the authority to approve certain applications pursuant to Town Code and/or standards.

The PC performs duties and exercises power and authority with regard to planning, subdivisions, zoning, zoning administration, and other land use regulatory controls as prescribed by ordinance and Sstate law.

The PC reviews projects that require variances or exceptions from Town Code, projects that request exceptions from the Town Design standards, projects requiring Conditional Use Permits, hillside development applications depending on the scope of work, and appeals from the DRC. The Planning Commission is the deciding body for all types of projects which propose multi-family residential or mixeduse project.

Page 165 ends

From: Jauregui, Jose @HCD < >
Sent: Monday, February 26, 2024 10:46 AM
To: Erin Walters <[email protected]>; Veronica Tam < >; McDougall, Paul@HCD < >
Cc: Laurel Prevetti <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Sounds good, thank you in advance for sending the zoom link! Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 From: Erin Walters <[email protected]>
Sent: Monday, February 26, 2024 10:41 AM
To: Veronica Tam >; Jauregui, Jose @HCD < >;
McDougall, Paul@HCD < >
Cc: Laurel Prevetti <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: RE: Los Gatos HE Revisions
Hello Jose,
Thank you for your response.

Staff and Veronica are available to meet on Friday, March 1st at 10:30am via Zoom.

Our team will send you and Paul a Zoom invite for Friday.

We would like to have a live editing meeting where we can share with you the Town’s approach to addressing the preliminary review matrix comments.

Sincerely,
Erin Walters ● Associate Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030 Ph: 408.354.6867 ● 408-354-6872
www.losgatosca.gov [losgatosca.gov] ● [email protected] ATTACHMENT 21

Page 166 ends

COMMUNITY DEVELOPMENT HOURS:

Counter Hours: 8:00 AM – 1:00 PM, Monday – Friday
Phone Hours: 8:00 AM – 5:00 PM, Monday – Friday
All permit submittals are to be done online via our Citizen’s Portal platform. All other services can be completed at the counter. For more information on permit submittal, resubmittal, and issuance, please visit the Building [losgatosca.gov] and Planning [losgatosca.gov] webpages. [losgatosca.gov]
General Plan update, learn more at https://www.losgatosca.gov/GeneralPlan [losgatosca.gov] [losgatosca.gov]
Housing Element update, learn more at www.losgatosca.gov/HousingElement [losgatosca.gov]

CONFIDENTIALITY DISCLAIMER
This e-mail is intended only for the use of the individual(s) named in this e-mail. If you receive this e-mail and are not a named recipient, any use, dissemination, distribution or copying of the e-mail is strictly prohibited. If you have received this communication in error, please immediately notify us at the above e-mail address.
Think Green, please consider the environment before printing this e-mail.

From: Veronica Tam < >
Sent: Monday, February 26, 2024 10:32 AM
To: Jauregui, Jose @HCD < >; Erin Walters <[email protected]>; McDougall, Paul@HCD < >
Cc: Laurel Prevetti <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jocelyn Shoopman <[email protected]>
Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Hi all –
For me – The earliest I can do on Friday is 10:30 but I would say take whatever slot is available. We really would like to get this to the finish line.

Veronica
Veronica Tam, AICP
Principal
Veronica Tam and Associates, Inc.

Page 167 ends

From: Jauregui, Jose @HCD < >
Sent: Monday, February 26, 2024 10:29 AM
To: Erin Walters <[email protected]>; McDougall, Paul@HCD < > Cc: Veronica Tam < >; Laurel Prevetti <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jocelyn Shoopman <[email protected]> Subject: RE: Los Gatos HE Revisions
Hello Erin,
We are both pretty booked for the week, and our earliest availability would be this Friday at 10 am.

Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833 [twitter.com] [facebook.com] [landlordtenant.dre.ca.gov] From: Erin Walters <[email protected]>
Sent: Thursday, February 22, 2024 1:06 PM
To: Jauregui, Jose @HCD < >; McDougall, Paul@HCD
Cc: [email protected]; Laurel Prevetti <[email protected]>; Gabrielle Whelan <[email protected]>; Joel Paulson <[email protected]>; Jennifer Armer <[email protected]>; Jocelyn Shoopman <[email protected]> Subject: RE: Los Gatos HE Revisions
Hello Jose,
Thank you for providing the preliminary review on the informal revisions submitted.

Staff and Veronica Tam would like to schedule a meeting with both you and Paul McDougall to discuss the preliminary review matrix.

Staff will be meeting with our Town Council on March 5th to discuss the preliminary review matrix.

We would like to meet with you and Paul McDougall prior to returning to Town Council.

Please confirm that you have received this email and respond with your availability.

Sincerely,
Erin Walters ● Associate Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030

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Ph: 408.354.6867 ● 408-354-6872
www.losgatosca.gov [losgatosca.gov] ● [email protected] COMMUNITY DEVELOPMENT HOURS:

From: Jauregui, Jose @HCD
Sent: Tuesday, February 20, 2024 2:05 PM
To: Veronica Tam >; McDougall, Paul@HCD
< >
Cc: Jennifer Armer <[email protected]>; Erin Walters <[email protected]> Subject: RE: Los Gatos HE Revisions
[EXTERNAL SENDER]
Hello Veronica,
Please see the preliminary review on the informal revisions submitted.

Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833

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[twitter.com] [facebook.com] [landlordtenant.dre.ca.gov]

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Town of Los Gatos Informal 2 Preliminary Review
Received 12/24/2023
Subsequent Informal 2: 2/01/24
Prior Review: 12/01/2023
Prior HCD Finding Page # Prelim
Rev 1
Page# Prelim
Rev 2
Notes
Affirmatively Furthering Fair Housing
Income and Racial Concentration Area of Affluence (RCAA):

The element now includes actions to promote an inclusive community; however, the element must provide specific
analysis of income and RCAA at a regional level (town
compared to the broader region) to better formulate
appropriate policies and programs. 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.

A-69 ~/No A-71 Yes/~ Minimal revision.

Prior Review: Minimal analysis
added; should address trends,
coincidence with other factors
(e.g., income, TCAC), past
strategies and effectiveness such
as result of North 40 in the prior
planning period, zoning, land use
and other factors. These analyses
should be incorporated into
contributing factors
Contributing Factors to Fair Housing Issues: Based on a complete analysis, the element should re-assess and prioritize contributing factors to fair housing issues. For example, the Town is wholly a RCAA, highest resource and highest median incomes in contrast to the rest of the region. As a result, fair housing issues such as the lack of affordable housing and segregation from the rest of the region should be a high priority.

A-18 ~ A20 Yes Re-assess based on a complete
analysis
Goals and Actions: As noted above, the element must include a complete analysis of affirmatively furthering fair housing (AFFH). The element must be revised to add goals and
actions based on the outcomes of a complete analysis.
10-43-
10-50-
10-65
10-66
~/No 10-76 ~
Include metric for home sharing
action (Program Q)

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In addition, while the element includes some actions toward AFFH and enhancing housing mobility (e.g., choices and
affordability), actions should be added, numeric targets should be increased, and geographic targeting should be fine-tuned to better promote inclusive neighborhoods throughout the Town. This is particularly important since over 80 percent of the lower-income regional housing need allocation (RHNA) is isolated in two census tracts. As noted in HCD’s prior review and the assessment of fair housing, the Town is wholly a racially concentrated area of affluence, highest resource and highest median incomes in contrast to the rest of the region.

These conditions and circumstances warrant significant and robust actions (not limited to the RHNA) to promote housing mobility and increasing housing choices and affordability throughout the Town, including lower-density neighborhoods.

Actions should be added and revised with aggressive numeric targets and geographic targets throughout the Town, including lower-density neighborhoods. Examples include creating more housing choices and affordability in single-family
neighborhoods beyond complying with law (e.g., SB 9, ADUs) such as missing middle housing types, targeting affordable housing funding, homesharing, more than one unit of
converted space within a single-family structure, increased multifamily capacity, enhanced efforts on religious institutional sites and other alternative land use and financing strategies.

Program AY
Prior Review: See Programs J, L,

O, Q, T, AV
Program J should clarify that
capacity will be increased (not just
zoning text), development
standards will be adjusted to
facilitate maximum densities and
increase the objective (~150 units)
or add strategies (religious
institutional, JADU plus, SB 10)
Consider adding JADU plus to
ADU HCV homesharing program
and increasing objective
Program AV should go beyond
complying with SB 9 (marketing,
modification to development
standards)
For all housing mobility actions
(Programs J, L, O, Q, T, AV),
geographic targeting should be
revised to clarify town-wide
including highest median income
areas and numeric targets should
be reflected with geographic
targeting (e.g., 100 units townwide
and 50% in highest median income
areas)
Sites Inventory, Analysis and Adequate Sites
Small Sites: The element identifies several sites with parcels less than a half-acre (p. D-13) that have common ownership and, in some cases, expressed interest to redevelop the site.

D-2 Yes D-11 N/A

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For small sites with expressed interest in redevelopment, the element should clarify that the expressed interest is also in consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the circumstances leading to the potential for consolidation such as necessity to consolidate due to access, feasibility, shape, or site planning flexibility.

Based on the outcomes of this analysis, the element should add or modify Program K (Lot Consolidation) to further
promote lot consolidation, if appropriate.

Electronic Sites Inventory: For your information, while the Town has submitted an electronic sites inventory as part of this submittal, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunitydevelopment/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at
[email protected] for technical assistance

With respect to a shortfall of adequate sites to accommodate the lower-income RHNA, the element includes Programs AR and AS. However, the Programs commit to the appropriate zoning given the rezoning occurs after the statutory deadline of January 31, 2023. HCD understands the Town completed the rezoning after the statutory deadline and, therefore, the rezoning must meet all by right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i).

Based on a cursory review, the rezoning does not appear to meet these requirements. As a result, these programs must Not
Found
No/? Yes Rezone ordinance 2347, Ord
2348, Ord 2349, Ord 23507;

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clearly commit to meet all by-right requirements by January 31, 2024.

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows
residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The Town may need to adjust its rezoning strategy if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

Governmental Constraints
Land Use Controls: HCD’s prior review found that the Town must list and evaluate development standards in the North Forty Specific Plan and High Density Residential and
Commercial designation. In response, the Town has now
listed development standards by each zoning district but should also analyze those development standards for impacts on housing supply and cost and most importantly, the ability to encourage maximum densities without exceptions. For
example, lot coverages, heights, and setbacks in the
Multifamily Residential (RM) zone; and lot coverage heights and guest parking requirements in the North Forty Specific Plan could be constraints. Based on the outcomes of a
complete analysis, the element should add or modify
programs to include specific commitment to review and revise these development standards as necessary.

C-1
C-5
10-62
? 10-43 No Program D includes action to
remove guest parking in North
Forty Specific plan; however,
include a program to revise all MF
guest parking requirements,
specifically RM, CH zones.

Prior Review: RM parking
program? Guest parking reduced?
Guest parking and lot coverage in
the North Forty Specific Plan
analyzed?
Local Processing and Permit Procedures: The element now discusses decision-making bodies and lists approval findings for the Architecture and Site Application. However, the element should also analyze these processes to better inform programs to address identified constraint. For example, the element mentions the decision-making body depends on the scope of the application. The element should explain the scope, resulting decision-making body and impacts on
10-62 No/? C-41 ~ Brief statement made on approval
body but must discuss and analyze
the scope of the trigger for PC
review.

Program AQ
Prior Review: See Program AQ

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approval timing and certainty. In addition, the element lists approval findings and concludes some findings may be
constraints then modifies Program AQ (Zoning Code
Amendments) to amend approval findings (considerations).

But the element should discuss which approval findings may be constraints to better inform implementation of Program AQ.

Program should remove or modify
Findings 4 and 6 of the
architectural and site process
Scope trigger for approval body
analyzed? Addressed?
Programs: As noted above, 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. In addition, programs should be revised, as follows:

TBD TBD Depends on complete analysis
Program D (Additional Capacity for the North Forty Specific Plan): The Program should also commit to establish or modify development standards to facilitate achieving maximum
densities, regardless of the level of affordability and should specify to either remove the unit cap or increase the unit cap to allow maximum build out of each parcel, including State Density Bonus Law or other circumstances that might warrant increasing allowable densities.
10-41 ~/No/? No Include a specific commitment to
increase or remove unit cap (within
6 months)
Prior Review: No action included to
modify development standards?
No action to remove cap.

Commitments should also not
implement the cap to allow
maximum build out of each parcel
or other circumstances warranting
increasing allowable densities
Program V (Housing opportunities for Persons living with Disabilities): Given the importance of promoting housing access for persons with disabilities, the Program could be modified with a date earlier in the planning period (e.g., by December 2024).
? No/? 10-57 Yes
Program AA (Reduce Parking Standards): The Program
currently commits to “Initiate a study to determine specific updates…” While initiating a study and making a
determination are important steps by themselves, these
actions do not result in outcomes. The Program should clearly commit to amending the municipal code. For example, the 10-53 Yes N/A

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Program could commit to: “Initiate a study and outreach, including with developers, and amend the Municipal Code, as follows:…”
Program AQ (Zoning Code Amendments): The Program
commits to apply the Housing Element Overlay Zone (HEOZ) to identified sites and modify development standards. HCD understands this action has been completed. Based on a
cursory review of the Town’s Ordinance 2347, some
development standards such as heights may be a constraint on achieving maximum densities. As a result, this Program should commit to monitor and evaluate these development standards, including outreach with the development
community, and making adjustments, as appropriate, by a specified date.
10-61 ~/No 10-70 Yes Program AQ
Program AW (Story Poles and Netting Policy): While the
Program now commits to revise Story Poles and Netting
Policy Requirements; these requirements are constraints and impact housing costs; supply (number of units) and approval certainty and should be removed or replaced with cost
effective measures to promote certainty for the developers and the community. Further, the element should evaluate the effectiveness of any future requirements or measures, and making adjustments, as necessary, by a specified date (e.g., by 2028).
10-65- No C-38 Yes Program AW
Prior Review: Video rendering
should be expanded to other visual
methods
Scope of alternative should be
expanded to all multifamily and
mixed use
Housing Programs: ADU
Program Q Accessory Dwelling Units (ADU): While the
Program now commits to amend the ADU Ordinance, it must also commit to establish incentives such as modifying
development standards (e.g., heights), pursuing funding; waiving fees beyond ADU law; proactive marketing and
establishing points of contact to ease permitting processes. In addition, the Program commits to monitor production and affordability of ADUs annually but should also commit to making adjustments by a specified date (e.g., within six months) if production and affordability are not meeting assumptions. Further, the Program should clearly commit to options beyond incentives such as rezoning if production and affordability far differs from assumptions.
10-48- Yes N/A

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Public Participation:

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. HCD particularly encourages the Town to continue engaging commenters on
this review. These comments contained valuable insights that can result in a more effective housing elements, especially related to programs and specific commitment. HCD’s future reviews will continue to consider the extent to which the revised element documents how the Town solicited,
considered, and addressed public comments in the element.

The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter.
? 10-17 Yes/~ Summary of Public comments
submitted.

Other (HCD use only)
Program J N/A No New language excluding missing
middle housing types in multiple
areas throughout the Town. The
program should remove new
language and proceed with
previous program language
informally reviewed.

Program AY N/A No See comments above.

Sb 9 units N/A 10-9
D-2
No/? Is the town now counting SB 9
units towards RHNA?
Table D-2?
Public comments TBD Yes Additional comments?

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Prior Review: Must address new
public comments
Document availability FYI FYI
Rezone timing FYI FYI Cant be found in full compliance
until all rezones are complete
50% nonvacant resolution FYI FYI
Electronic sites inventory FYI FYI
Overlay No Program AQ HE Overlay zone
Modification Authority N/A N/A Informal submittal

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024
ITEM NO: 10
DATE: February 26, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Review Input on the Interim Community Center and Authorize the Town Manager to Issue a Request for Proposals for Potential Service Providers RECOMMENDATION:

Review input on the Interim Community Center and authorize the Town Manager to issue a Request for Proposals (RFP) for potential service providers.

BACKGROUND:

On August 15, 2023, the Town Council allocated $866,281 to a Community Center Development Fund to design and construct near-term improvements to the Adult Recreation Center to achieve two major purposes. One purpose is to facilitate the use of space for a variety of nonprofit agencies to provide services to the community. The second purpose is to reconfigure the existing space to make it more open and inviting to the community. This effort is referred to as the Interim Community Center.

On November 21, 2023, the Town Council provided additional feedback on the Interim Community Center effort. At this meeting, staff explained that a full remodel of the Adult Recreation Center to transform it into a Community Center would be a multi-million-dollar project that would need to be considered as part of the longer-term Capital Improvement Program. Any large investments to remodel the facility should be reserved for the full remodel to ensure that the transformation of the facility is planned holistically and that financial resources are used in the most efficient manner possible.

With this in mind, the Interim Community Center effort focuses on near-term improvements that can be implemented in the interim without substantial remodeling. Staff also identified the proposed steps for this effort:

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PAGE 2 OF 5
SUBJECT: Review Input on the Interim Community Center and Authorize the Town Manager to issue a Request for Proposals for Service Providers DATE: February 26, 2024
BACKGROUND (continued):

1. Host Community Meeting to receive community input on:
a. Preferred types of community partners/services,
b. Community partner selection criteria, and
c. Ideas for near-term improvements to the ARC/Community Center.

2. Receive the Community Health and Senior Services Commission’s (CHSSC) recommendation on items relevant to the Request for Proposals (RFP) for community partners, such as the types of community partners and selection criteria.

3. Return to Council with CHSSC’s recommendation for Council input and approval on items relevant to the Request for Proposals (RFP) for community partners, such as the types of community partners and selection criteria.

4. Issue the RFP.

5. Return to Council with the final selection of community partners.

6. Discuss any potential physical near-term improvements and operational support needed by selected community partners with Los Gatos Saratoga Recreation (LGS Recreation).

7. Receive CHSSC’s recommendation on near-term improvements and operational support for Council’s consideration, taking into account ideas shared at the community convening and budget constraints.

8. Return to Council with CHSSC’s recommendation on near-term improvements and operational support for consideration.

9. Hire an architect to provide cost estimates for the prioritized items.

10. Return to Council with cost estimates for selection of which prioritized items to move forward for design and bidding.

In alignment with Step 1, on January 25, 2024, with the support of the CHSSC, the Town held a community meeting to gather input on near-term improvements to the Adult Recreation Center (ARC) to transition it to an Interim Community Center by making the space more welcoming for all ages and creating opportunities for a variety of community partners to provide services to the community. Approximately 40 community members attended, including representatives from several community partners. The attendees were divided into five (5) groups to discuss and respond to the following three (3) questions:
 What near-term improvements would you like to see at the Adult Recreation Center/Interim Community Center to make the space more welcoming for all ages?  What types of community partners and services would you like to see at the Adult Recreation Center/Interim Community Center?
 What criteria do you believe should be used when selecting community partners and services?

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PAGE 3 OF 5
SUBJECT: Review Input on the Interim Community Center and Authorize the Town Manager to issue a Request for Proposals for Service Providers DATE: February 26, 2024
BACKGROUND (continued):

Step 2 was completed on February 15, 2024, when the CHSSC reviewed the input compiled from the community meeting (Attachment 1). The CHSSC recommended that the following criteria be included in the RFP and that eligible service providers should:
 Be a nonprofit that serves Los Gatos and others;
 Have a volunteer support base;
 Have needs themselves, such as for space and possibly financial needs;  Address basic needs such as health, wellness, mental health, food needs, housing, and transportation; and
 Be willing to rotate in a shared space.

In addition, the CHSSC also provided a non-exhaustive list of examples of service providers it felt would be the types the Town should be looking for: CASSY, West Valley Community Services, Health Trust, Sourcewise, Santa Clara County Behavioral Health Services, and PlantBased Advocates.

While the conversation focused on service providers and the CHSSC will revisit recommendations on physical near-term improvements, the Commission also recommended that the funds be applied to create a space for hybrid/Zoom meetings with modern equipment and a space with shared desks to be used by local service providers. They also recommended that consultant and designer work expenses should be kept to a minimum and that all additional funds should be conserved for developing a future community center.

DISCUSSION:

Based on the input received and the recommendations from the CHSSC, staff recommends that the RFP be open to any non-profit service providers serving Los Gatos, with an emphasis on those addressing basic needs such as health, wellness, mental health, food needs, housing, and transportation. The following criteria are recommended to assist in selecting the top service providers:
 The extent to which the provider serves basic needs and serves an unmet need in the community.
 The extent to which they already serve Los Gatos residents and the community.  The extent to which the provider could expand or enhance services with the additional Interim Community Center space. This would include an evaluation of how much the provider needs additional space for their services.
 The extent of the provider’s volunteer base and how they can effectively support a service at the Interim Community Center.
 The extent to which the provider’s service lends itself to being successful in a rotational shared space at the Interim Community Center.

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PAGE 4 OF 5
SUBJECT: Review Input on the Interim Community Center and Authorize the Town Manager to issue a Request for Proposals for Service Providers DATE: February 26, 2024
DISCUSSION (continued):
 Each service provider selected should provide a service that is unique and not duplicative of other selected service providers. Since service providers can offer a variety of services, some of their services can overlap but each must have at least one unique offering or service.

Additionally, there was feedback to review the provider’s financial solvency as well as their financial need to see if providing this space could help support their cause. Since these two criteria seemed to be in opposition in terms of valuing financial strength or financial need, these criteria were not included. However, Council could direct staff to include or adjust any criteria as desired.

At the community meeting, a question that was asked whether or not service providers would need to pay for the space and whether they would be paid to provide services. Staff recommends that if service providers are charged a fee that they only be asked to pay a nominal fee to cover administrative costs of their rotational scheduling, printing, storage, internet, janitorial, etc. In addition, since this is an effort to provide an opportunity and space for service providers, the Town would not monetarily compensate providers selected to take advantage of this opportunity. The hope is that it would be mutually beneficial opportunity for all parties involved. Staff looks forward to Council’s direction on these matters.

CONCLUSION:

Staff looks forward to Council’s discussion and direction on the types of service providers, the criteria for evaluating service providers, and what costs service providers should expect. With this direction, it is recommended that the Council authorize the Town Manager to issue a Request for Proposals (RFP) for service providers.

After the RFP concludes, staff will return to Council with the final selection of service providers.

Once the service providers are selected, staff will return to the CHSSC for its recommendations on physical, near-term improvements for the Interim Community Center with consideration for any needs of the service providers.

COORDINATION:

The preparation of this report was coordinated with the Town Manager’s Office and the Town Attorney.

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PAGE 5 OF 5
SUBJECT: Review Input on the Interim Community Center and Authorize the Town Manager to issue a Request for Proposals for Service Providers DATE: February 26, 2024
FISCAL IMPACT:

The $866,281 allocated to the Community Center Development Fund can be used for near-term improvements to the Adult Recreation Center/Community Center. Additional funding may be required to support the operational and administrative needs of coordinating and supporting the service providers if the providers do not pay those costs directly.

PUBLIC COMMENT:

Attachment 2 contains public comment received on this topic.

ENVIRONMENTAL ASSESSMENT:

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

ATTACHMENTS:

1. Input Received from January 25, 2024 Community Meeting

2. Public Comment

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Input Received from January 25, 2024 Interim Community Center Community Meeting ATTACHMENT 1

1. What near-term improvements would you like to see at the Adult Recreation Center/Interim Community Center to make the space more welcoming for all ages? • Ability for seniors to meet 2 hours/week – Continuing, Large screen TVs/Internet for lounge, Earthquake compliance/retrofit, No improvements • Sliding doors
• More storage in the conference room
• Enclose patio for storage, more usage
• AV upgrades -- current projectors flaky
• Noise abatement in large hall
• Commercial kitchen update
• Good to have in-wall sound system
• Lighting -- stretch down for better cleaning
• Water damage throughout the building
• Restroom, emergency lights upgrade
• Sensors in bathroom
• Restroom automatic door openers
• Uneven parking lots – unsafe esp. for seniors –add handrails • More lighting in parking lot
• Cover on the entrance for rain
• More cameras in the parking lot
• Cosmetic improvements (Ask Nancy and users)
• Play area for children
• Panic button (mental health)
• Well-defined purpose of rooms reconfiguration
• Survey of current users of this space and potential users and their road blocks to current use
• This building as a central hub to coordinate
• Upgrading tech to modernize
• Equipment/tech for hybrid/virtual meetings in several designated areas/rooms of various sizes (includes AV camera, OWL 360˚, ADA compliant, etc) • Better utilization of 2nd floor to maximize space, i.e. size of room, combine services, remediation
• Closet/storage space for non-profits
• Access to kitchen
• Food pantry for storage/food prep for unhoused individuals • One room that service providers can use
• Translation services
• Minor repairs and upgrades (including entryway)
• Suggestion box in lobby somewhere easily accessible
• Make empty space more inviting
• Functional upgrades – See LGS Rec list
o LGS Rec List: Recommended ARC Building Improvements 2/13/2023

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Input Received from January 25, 2024 Interim Community Center Community Meeting ATTACHMENT 1
 Replace large hall dividing doors – current divider door is broken  Solution for table and chair storage – possible partition wall in large hall for storage?
 AV upgrades in conference rooms / large hall
 ARC in-wall sound system in large hall
 Noise abatement in large hall – wall or ceiling sound dampening?  More secure storage in large hall - repurpose large hall outside patio for storage?
 Deepen shelves in existing large hall locked cabinets  Paint/refresh large hall kitchen cabinets and counter  Pendant lighting in the lobby – easier to clean and brighter light!  Restroom upgrades - emergency lights in restrooms during power outage, sensors on sinks/toilets/soap/towels so they are touchless  Parking lot changes to increase safety
 More lighting, ramps, cameras, handrails
 Awning at entry to protect against rain
 Address water damage
• Welcoming entry – sliding glass doors in north wall to a patio • Electronic signage with activities and schedule
• Modern AV and IT upgrades – local and remote capabilities • Lighting – External and emergency
• Improve lobby -- space decorate -- user friendly
• Lighting
• Better internet capability
• Zoom
• Microphone speaker unit
• More video screens – adequate size
• Comfortable rooms for group meetings of 20 people
• Soung proofing enhancements
• Big room into 2 soundproof rooms
• Break room for staff
• Enhance kitchen
• Long term -- NUMU, police space could be repurposed
• Long term -- Use existing inventory of buildings for community usage • How should the money be allocated? Initial improvements and reserve funds for future com. Center reconstruction/new center (i.e. $300k saved for future plan/design for the new center); keep extra $ in the community center fund

2. What types of community partners and services would you like to see at the Adult Recreation Center/Interim Community Center?
• Ability for seniors to get together/talk
• West Valley Community Services – Already serving LG, pantry, brown bag

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Input Received from January 25, 2024 Interim Community Center Community Meeting ATTACHMENT 1
• HUB model – place to go
• Mental Health Service with CASSY
• Co-sharing space – Day assignment to different organizations • Life long learning – LGS Rec
• Speaker series catering to community—Could also use LG Theater (Oshner) • If $866K is not used, donate to senior 501c3 as seed to get it started • Live Oak Nutrition – food scarcity – “Food with a friend” • “To good to go” app – partner with them
• Dest for RYDE program (senior lobby)
• Sourcewise (house rich, cash poor)
• Fund grant writer
• Case manager/social worker
• Meeting place for other clubs/non-profits
• Mental health services
• Fundraisers
• Financial support for those who need it
• General place to enhance the quality of life for residents • Plays the role of the Civic Center
• Navigator system (housing, youth and family, mental health) – one stop shop • Facilitate creation of new organizations
• West valley community services
• Rotation of different types of partners/non-profits
• A room dedicated to non-profits
• Plant-based Advocates non-profit (local in LG)
• Health and nutrition education (esp. plant-based education) and how it relates to health/chronic illnesses
• Certain number of days allocated to community groups to host events at no charge • Community discussion groups (where seniors feel safe, ADA accessibility, and can speak freely)
• Speaker series
• Mental health services – CASSY, Navigators, County
• Medicare reps
• Veterans affairs Benefits
• Ombudsman
• Health care services
• Business mentoring (SCORE)
• Police dept – fraud/scam prevention
• Transportation
• West Valley College
• Is the Town going to pay providers to staff the ARC, or do potential providers have to pay?
• Person to answer questions in the lobby

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Input Received from January 25, 2024 Interim Community Center Community Meeting ATTACHMENT 1
• Concierge
• Guidance for transportation
• Life issues – Life and death
• Reference to transit agency
• Community meeting room (seniors) to discuss local issues • True senior center

3. What criteria do you believe should be used when selecting community partners and services?
• 501c3 or JPA (Joint Powers Authority)
• Should already be serving LG or close by South Bay community • Should they be financially solvent?
• Are they going to pay?
• Case manager/social worker could funnel ppl/issues to the right area • Create “volunteer support base” list – helping to provide resources • Student nurses to do BP check, wellness check
• Youth centric space/activities – Hangout, game console, etc • Services
• We should survey for services in demand
• Check what other communities have
• Basic needs (housing, mental health, food, nutrition) • Rideshare services (free/community organized)
• Intentional avoidance of duplication of services
• Maslow’s hierarchy of needs
• Would providing this venue expand the capacity of organizations to provide services? • Non-profit predominant (free/at cost)
• Non-profits as a priority (but not an absolute)
• Provide services for residents of Los Gatos
• Provide services that promote our health and wellness and benefit society (health, environment, humanity, social responsibility)
• Providers of social services (e.g. case management and other services that funds have been allocated to)
• Unduplicated services
• Reporting requirements (residency percent of service utilization, funding needs/use) • Provider plan for space utilization
• Operational/administrative needs/footprint
• Non-commercial
• Responsive to community needs/alignment to senior roadmap • Track record/community presence

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Input Received from January 25, 2024 Interim Community Center Community Meeting ATTACHMENT 1
• 55+ members have priority to set up meetings or any topic • Local issues discussion
• A place for 55+members to meet in a safe and accommodating space on Town owned property to have discussion on local regional and national topics, the intent is a forum with [non legible] behavior, where [non legible] can advocate their views, this should be easy to set up without lawyers and discouraging requirements

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Commissioner Lead Transcribed Notes 1
ATTACHMENT 1
Feb. 4, 2024
To: Katy Nomura, Asst. Town Manager
Fr: Eleanor Yick
Re: Community Feedback – purple group ( front group on the left) Members of the group: Tom Picraux, Rob Moore, Darryl, friend of Darrly’s, 2 women from Plant Based Advocates and Eleanor Yick. The top comments under each question are listed in order.

1. Near term improvements to make the space more welcoming for all ages:

1.Equipment ( tech) for hybrid/virtual meetings in several designated areas/room of various sizes, particularly large room on main floor. (Includes 360 degree camera and meets all ADA regs for access, hearing, sight impaired, etc.

2.Better utilization of second floor to maximize usage, i.e. size of room, remediation and combine some rooms. One room that service providers can use.

3.Minor repairs entering building and upgrades
•Closet space for storage for non-profits
•Translation services
•Access to kitchen
•Food pantry for storage, food prep for unhoused individuals •Suggestion box in lobby that is easily accessible
•Make entry space more inviting

2.What types of Community Partners and Services:

1. West Valley Community Services
2 .Health and Nutrition education ( i.e. plant based and how it relates to health and chronic illnesses)

3.Community Discussion Groups: where seniors feel safe and can speak freely.

Space must be ADA compliant. Speaker series.
•Rotation of different types of partners and non profits •A room dedicated to non-profits
•Certain number of days allocated to community groups at no cost to host events

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Los Gatos City CouncilMarch 5, 2024

Los Gatos City Council
March 5, 2024