An email To Rob Moore re: the risk to Los Gatos of you not doing your job.

Regarding our Comment presented for the 6/4/24 Council meeting – Item 17
Rob, we would be delighted to sit down with you and fully explain our concern. If you didn’t understand our letter, why not reach out directly and ask us for clarification? Wouldn’t that have been the responsible action to have taken as opposed to posting nonsense on NextDoor? How is that helpful to anyone?
To be clear the LGCA letter simply advocated the TC fully understand the impact of the State’s “no net loss rules” on the draft Housing Element since the Housing Element site inventory does NOT reflect the planned development of the North 40 and Los Gatos Lodge parcels. We trust you understand this.
The planned development for these parcels will result in materially less affordable units being built than what the Housing Element site inventory has planned and result in the Town not meeting its RHNA affordable housing requirement.  We are surprised that you are seemingly not concerned about this.
This shortfall will trigger the State’s “no net loss” rules that are onerous. Understanding the impact of the “no net loss rules” on the certification status of the  HE prior to adopting the HE seemed prudent to the LGCA. Why would you not want a full and complete understanding of the State housing law?
We are reminded of your claims during the January 30, 2023 TC meeting when you voted to adopt an earlier draft of the HE claiming that it substantially complied with State Law and would prevent any Builder Remedy applications. You were wrong then and clearly didn’t understand State Law. As a result of this irresponsible action (making a legal finding of compliance without ANY supporting evidence is irresponsible) we are now in today’s mess.
The LGCA requested Staff to explain to the TC the planned “cure” to the “net loss“ of affordable housing units stemming from these two developments.  We did this to avoid finding ourselves in the same position we did on January 30, 2023 – namely rushing to take an action in the name of preventing Builders Remedy applications based on an incomplete understanding of the State’s housing laws.
Please feel free to contact us if you truly wish to engage in a reasonable and constructive conversation on this matter.  De-certification of the HE by HCD is a very real possibility if the Town is unable to properly cure a “net loss”. We don’t have to explain to you what that means with regard to any future BR applications.
Some of the above will again be covered in a response to recent comments on Next Door.

The Council Has a Major Mess to Fix and They’re Running Out of Time

An Executive Summary of our letter below to the Town Council.

The staff report for Agenda Item 15 is inaccurate in that it fails to disclose that on November 16, 2023, Staff submitted a November draft of the revised Housing Element to HCD for official review in violation of Government Code Section 65585. We find it hard to understand why Staff would intentionally not disclose this. In our opinion, the lack of transparency and full disclosure has been a consistent theme for the past two Councils led by former mayors’ Rennie and Ristow.  They spanned the development of the Housing Element and were the enablers of Town Manager Prevetti. The cumulative effect of this behavior has led to a growing loss of confidence in Staff and the Town’s latest consultant, Veronica Tam, by the public.

Pushing the Planning Commission to OK the Housing Element 4th Attempt For Certification

By now the Planning Commission should be fully aware the Town failed to comply with
AB 215 and filed the November draft HE prior to completing the mandatory 7-day public
comment period. We have attached HCD’s May 30th comment letter and specifically
draw your attention to Comment D as well as the general discussion regarding AB 215
requirements in HCD’s cover letter. We have also attached two emails from Ms. Whelan
dated November 20 and 21 which provide additional background and confirm the
Town’s failure to comply with Govt Code Section 65585(b)(1).