Loading...
Attachment 4 - Public Comments received prior to 1100 a.m., Thursday, March 2, 2023From: Chris Bajorek Sent: Tuesday, February 21, 2023 11:03 AM To: Council <Council@losgatosca.gov> Cc: chris bajorek Subject: Recommendation re Wording of SB 9 Owner Declaration [EXTERNAL SENDER] Ladies and Gentlemen, The purpose of this note is to request you include this recommendation for discussion on the March 7, 2023 meeting. I understand the agenda for the March 7 meeting will include review of the SB 9 ordinance. After reviewing the wording of the subject declaration I was surprised that clause 3 of it uses the language “I intend to occupy one of the…”. The statement “intend to” is very ambiguous in its meaning and I anticipate it will lead speculator owners to easily wiggle out of this commitment. The commitment would be much stronger and more difficult to wiggle out of if the wording were to be modified to say “I will occupy one of the…”. I continue to be concerned about speculators/investors taking advantage of the SB 9 ordinance for pure commercial gain and not complying with the 3 year residency requirement of the ordinance. As such, I recommend the declaration be modified to change the wording in clause 3 from “intend to” to “will”. I have recently notified Mr. Joel Paulson and Ms. Gabrielle Whelan of this recommendation. Apparently, the wording containing “intend to” was copied from the Atherton and Santa Clara County ordinances, and is the wording used in the state statute. However, I do not know of any reason why our Owner Declaration should not us the stricter language of “will”. This change should be easy to incorporate in conjunction with other updates of the SB 9 ordinance. Sincerely Yours, Christopher Bajorek Sent from Mail for Windows ATTACHMENT 4 From: Chris Bajorek Sent: Wednesday, January 4, 2023 12:39 PM To: Gabrielle Whelan <GWhelan@losgatosca.gov> Cc: Joel Paulson Subject: RE: Recommendation re Wording of SB9 Owner Declaration EXTERNAL SENDER Gabrielle, Thanks for your reply and status update. I look forward to learning when SB 9 will be scheduled for discussion with the Town Council. Chris Sent from Mail for Windows From: Gabrielle Whelan Sent: Wednesday, January 4, 2023 11:09 AM To: Cc: Joel Paulson Subject: FW: Recommendation re Wording of SB9 Owner Declaration Hello, Mr. Bajorek. I mis-typed your email address in the email below so I am resending. Thank you. Gabrielle Whelan ● Town Attorney Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● gwhelan@losgatosca.gov www.losgatosca.gov ● https://www.facebook.com/losgatosca From: Gabrielle Whelan Sent: Tuesday, January 3, 2023 9:59 AM To: Cc: Joel Paulson <jpaulson@losgatosca.gov> Subject: RE: Recommendation re Wording of SB9 Owner Declaration Hello, Mr. Bajorek. At its most recent SB 9 discussion, the Town Council asked staff to revise the Town’s SB 9 affidavit language to match the affidavits used by the Town of Atherton and the County of Santa Clara. The SB 9 affidavits used by those entities require applicants to state that they “intend to occupy” one of the units. This matches the language of the state statute, which is preemptive of local regulation. Staff anticipates checking in with the Town Council in mid-February on the Town’s SB 9 ordinance and I will let you know when it is scheduled for discussion. Thank you. Gabrielle Whelan ● Town Attorney Town Attorney’s Office ● 110 E Main Street, Los Gatos, CA 95030 Desk: 408.354.6818 ● gwhelan@losgatosca.gov www.losgatosca.gov ● https://www.facebook.com/losgatosca From: Chris Bajorek Sent: Tuesday, January 3, 2023 9:49 AM To: Joel Paulson <jpaulson@losgatosca.gov> Subject: RE: Recommendation re Wording of SB9 Owner Declaration EXTERNAL SENDER Joel, Welcome to 2023. I hope it will be a good one for you. Please let me know if the Town Attorney will support the change of wording from “intend to” to “will”. Chris Bajorek Sent from Mail for Windows From: Joel Paulson Sent: Thursday, December 8, 2022 10:01 AM To: Subject: RE: Recommendation re Wording of SB9 Owner Declaration Mr. Bajorek – Thank you for your email and thoughts on potential modifications to the Owner Declaration. The statement “intend to” is the language contained in Senate Bill 9 which is why that is the statement contained in the Owner Declaration. I will check with the Town Attorney to see if we have an option to make the language stronger. Thanks. Joel Paulson ● Community Development Director Community Development Department ● 110 E. Main Street, Los Gatos CA 95030 Ph: 408.354.6879 ● jpaulson@losgatosca.gov www.losgatosca.gov ● https://www.facebook.com/losgatosca General Plan update, learn more at www.losgatos2040.com Housing Element update, learn more at https://engagelosgatoshousing.com 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. From: Chris Bajorek Sent: Tuesday, December 6, 2022 10:39 AM To: Joel Paulson <jpaulson@losgatosca.gov> Subject: Recommendation re Wording of SB9 Owner Declaration EXTERNAL SENDER Joel, After reading the wording of the subject declaration I was surprised that clause 3 of it uses the language “I intend to occupy one of the…”. The statement “intend to” is very ambiguous in its meaning and I anticipate it will lead owners to easily wiggle out of this commitment. The commitment would be much stronger and more difficult to wiggle out of if the wording were to be modified to say “I will occupy one of the…”. I continue to be concerned about speculators/investors taking advantage of the SB 9 ordinance for pure commercial gain and not complying with the 3 year residency requirement of the ordinance. As such, I recommend the declaration be modified to change the wording in clause 3 from “intend to” to “will”. Please let me know if you agree with my recommendation and whether you will take the action to make this change. Chris Bajorek Sent from Mail for Windows