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Item 25-A Desk Item Staff Report Adopt Ordinance of the Town of Los Gatos Amending the Town Code Division 7, Sections 29.10.305 Through 29.10.320, Section 29.10.320, and Section 29.20.185(8)a Regarding Second Dwelling UnitMEETING DATE: 8/4/03 ITEM NO. 25-A COUNCIL AGENDA REPORT DESK ITEM DATE: August 4, 2003 TO: MAYOR AND TOWN COUNCIL 11,, FROM: ORRY P. KORB, TOWN ATTORNEYON SUBJECT: ADOPT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE DIVISION 7, SECTIONS 29.10.305 THROUGH 29.10.320, SECTION 29.10.320, AND SECTION 29.20.185(8)A REGARDING SECOND DWELLING UNIT After the Town Council Report was prepared, the attached letters and e-mails opposing the affordable housing requirement were received. Attachment: Multiple letters dated July 30, 2003 received August 1, 2003 and August 4, 2003 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:WTY12ND-Dwell.Desk.TCR.wpol Reviewed by: own Manager PS3 Assistant Town Manager Clerk Finance Community Development Rev: 8/4/03 10:29 am Reformatted: 7/19/99 Filet, 301-05 Anderson&Iversen 408-354-7771 08/01/03 OS:11P P.001 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilrnembers: RECEIVED AUG _O, 12Q03 MAYOR & TOWN COUNCII, As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units_ This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely i1 /0 -7 eiez, (address) /a4 08/01/2003 05:24 4083771471 BRODRICK PAGE 01 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354.8431 AUG 0 1 2003 `.4AYOR & TOWN COUNC' Dear Mayor Decker and Councilmembers: As a REALTORS in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely iv 'l(t 7 -ice ..cy' ffe-c�I` (address) AUG-01-2003 04:32PM FROM-ALAIN PINEL REALTY 1-408-399-6387 T-672 P.001/001 F-997 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: hii AUG 0 1 2003 4AYOR TOWN COUNCI As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Si rely C � N � ( (address) `� AUG-01-03 16:35 FROM- T-751 P.01/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance AUG 01 2003 `4 AYOR & TOWN COUNCIJ Dear Mayor Decker and Councilmembers. As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners- if the rent control provision is adopted, 100 percent of new sec.)ndary units would be required to rent at 13MP rates. Interestingly then, while other developments can offset the cost of providing 13MP housing by charging a higher market rate, the entire burden of providing 13MP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed Sincerely (address) AUG-01-03 16:35 FROM- T-751 P.02/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: V Et) AUG 01 2003 `44 A.YOR. &.. TOWN COUNcr As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed resuictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only it below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed_ Sincerely address) AUG-01-03 16:36 FROM- T-751 P.03/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE; Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers. t-_; f AUG 01 2003 • '; AYOR & TOWN COUNCF • As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BM? rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincetely, even 13. Gordon Realtor ALA[N PINEL REALTORS 214 Los Gatos -Saratoga Road Los Gatos, CA 95030 (408) 358-1111 AUG-01-03 16:36 FROM- T-751 P.O4/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: AUG 01 2003 ' AYOR & TOWN MINT As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10 320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Pursing restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. (address) AUG-01-03 16:36 FROM- T-751 P.05/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 40S-354-8431 RE; Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and CounciImembers AUG 01 2003 "4AYOR & TOWN COUNCIT As a homeowner in Los Gatos, 1 am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seelc amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. address AUG-01-03 16:36 FROM- .111 ALAIN PINEL Nommaruguagasinim July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rein Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: T-751 P.06110 F-932 HA VEL AUG 01 2003 `4(AYOR & TOWN COUNCV; As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control an new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing 13MP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should Pot waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. cerely (address) 21414as Gar is-Sararoga Road • Lu Gaxos, CA 95030 • office 408 358.1111 • Fax 408.358-1199 awww.�pr.cani AUG-01-03 16:37 FROM- T-751 P.07/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 40S-354-8431 Dear Mayor Decker and Councilrnembers. I V hi, AUG 01 2003 AYOR & TOWN COIINCV As a REALTORO in Los Gatos, I am writing to ask that the Town Council remove Section 29 10 320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. 4 The rent control provision unfairly burdens individual homeowners. lithe rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while othe - developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units This goes against the stated purpose of the proposed ordinance, namely the production of secondary units Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times. the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. iTT rely i lC (address) ( . ?s-o a-/ AUG-01-03 16:37 FROM- T-751 P.08/10 F-932 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: AUG 01 2003 AYOR & TOWN COUNT As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29 10 320, which establishes deed restrictions and rent control an new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units The rent control provision unfairly burdens individual homeowners lithe rent control provision is adopted, 100 percent of new secondary units would be required to rent at 13MP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision oldie ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed Since ad ; ress) L_oS --l'71-05 . � I� v3 AUG-01-03 16:37 FROM- T-751 P.09/10 F-932 July 0, 2003 May r Sandy Decker and t e Los Gatos Town Council 110 ast Main Street Los atos, CA 95031 VIA RE: De FACSIMILE: 408-35q-8431 Second Reading on Second Unit Rent Control Ordinance Mayor Decker and Councilmembers: .0 E v Eli AUG 01 2003 ' mei< ke•'i'OWN COUNCr As ahomeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.1 1.320, which establishes deed restrictions and rent control on new secondary units, be stric en from the proposed secondary unit ordinance. I believe this provision is cou erproductive to the goal of providing more secondary units. The ent control provision unfairly burdens individual homeowners. If the rent control provision is a. pied, 100 percent of new secondary units would be required to rent at BMP rates. tntetestingly then, while other developments can offset the CO:t of providing BMP housing by charring a higher market rate, the entire burden of providing BMP secondary units would be assu ed by an individual homeowner with no mechanism to offset the cost. Pun g restrictions and burdensome reporting requirements on owners of such units is a disi centive to build or seek amnesty for second units. Requiring owners to rem to tenants at onl a below market rate is a disincentive to build and rent second units. This goes against the stat d purpose of the proposed ordinance, namely the production of secondary units. Fu er, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent con of provision of the ordinance. The Town may be subjecting itself to a long, costly legal ban e to defend a questionable ordinance. With tight budgets and tough economic times, the To Council should not waste the Town's time and money on an ordinance that may not be leg• to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed sec ndary unit ordinance be removed. Sin ress) / C''% 95i 3r AUG-01-03 16:38 FROM- T-751 P.10/10 F-932 July 0, 2003 May r Sandy Decker and t Los Gatos Town Council 110 ast Main Street Los tos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance AUG 01 2003 jN; . (OWN COUNCTT Dear Mayor Decker and Councilmembers: As a omeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.1 .320, which establishes deed restrictions and rent control on new secondary units, be stric en from the proposed secondary unit ordinance 1 believe this provision is cou erproductive to the goal of providing more secondary units. The ent control provision unfairly burdens individual homeowners_ lithe rent control provision is ad ted, 100 percent of new secondary units would be required to rent at BMP rates. lute stingly then, while other developments can offset the cost of providing BMP housing by char ing a higher market rate, the entire burden of providing BMP secondary units would be assu ed by an individual homeowner with no mechanism to offset the cost Putt' g restrictions and burdensome reporting requirements on owners of such units is a disi centive to build or seek amnesty for second units Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the scat d purpose of the proposed ordinance, namely the production of secondary units. F er, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent con of provision of the ordinance. The Town may be subjecting itself to a long, costly legal bars a to defend a questionable ordinance. With tight budgets and tough economic times, the To Council should not waste the Town's time and money on an ordinance that may not be leg to begin with. For jthese reasons, I respectfully request that the rent control provisions of the proposed sec ' ndary unit ordinance be removed Sin erely (ad ' ess) AUG-01-2003 04:51PM FROM-ALAIN PINEL REALTY 1-406-335-6367 T-676 P.001/001 F-002 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance _ A. VEL AUG 01 2003 iAYok?:/. GOWN COtJN('r, VIA FACSI ULE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units, Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. 63 y 57igtf egaZ- (address) 6---CS 6fr1 5 . Cel 7 -11 a Aug-01-2003 04:01pm From -SILICON VALLEY ASSN +6509466716 T-940 P.002/002 F-695 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 AUG 01 2003 coWN COUNCT. RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developmentsd� n ofoffsetsecondary unitroviding BMP s beousing y charging a higher market rate, the entire b providing BMP assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome rfoorting requiremr seeond unitSnRequiringowners to rent to t nants at ents on owners of such units is a disincentive to build or seek amnesty' go only a below market rate is a disincentive tobuid and the production secon of its. This ry uni sagainst the stated purpose of the proposed ordinance, namely Further, the Costa -Hawkins Rental Housing Act pre subjectingpttheTown oitself to from adopting iopt n t e legal rent control provision of the ordinance. The Town may battle to defend a questionable ordinance.� With tight money on andgets and tough ordinanceconomic times, that may notthee Town Council should not waste the To legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. (addres. cy:41 3 0, 3'- Page 1 of 1 Sandy Decker (Calendar Only) - Secondary Unit Ordinance From: Ruth Price <pricefinancial@yahoo.com> To: <sdecker@town.los-gatos.ca.us> Date: 8/1/2003 5:11 PM Subject: Secondary Unit Ordinance ********************************************************************* Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Do you Yahoo!? Yahoo! SiteBuilder - Free, easy -to -use web site design software http://sitebuiider.y_ahoo.com file://C:1Documents%20and%20Settings\pgarcia\Local%20Setti.ngs\Temp \G W } 00001.HTM 8/1/2003 fl Page 1 of 1 Sandy Decker (Calendar Only) - Secondary Unit Ordinance From: "Steven Gordon" <sgordon@apr.com> To: <sdecker@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town.los- gatos.ca.us>, <jpirzynski@town.los-gatos.ca.us>, <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 4:28 PM Subject: Secondary Unit Ordinance CC: <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Steven Gordon Realtor Alain Pine! Realtors 214 Los Gatos -Saratoga Road Los Gatos, CA 95030 408358-1111 f le://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW}00001.HTM 8/1/2003 Message Page 1 of 1 Sandy Decker (Calendar Only) - Secondary Unit Ordinance From: "Eileen Rothschild" <erothsch@apr.com> To: <sdecker@town.los-gatos.ca.us> Date: 8/1/2003 3:49 PM Subject: Secondary Unit Ordinance CC: <ncardenas@silvar.org> Dear Mayor Decker:: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely, Eileen Rothschild Alain Pinel Realtors 624 N Santa Cruz Ave, Suite 103, Los Gatos, CA 95030 408-358-1111 ext. 882 file://C:1Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW } 00001.HTM 8/1/2003 Message Page 1 of 1 Sandy Decker (Calendar Only) - Rent Control From: "Carol Kelley" <ckelley@ccg-group.com> To: <sdecker@town.los-gatos.ca.us>,<sglickman@town.Ios-gatos.ca.us>, <dmcnutt@town.los-gatos.ca.us>,<jpirzynski@town.los-gatos.ca.us>, <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 3:09 PM Subject: Rent Control CC: <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely, Carol Kelley, REALTOR(r) Windermere Silicon Valley file://C:1Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW}00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - FW: SILVAR *** RED ALERT *** Los Gatos Rent Control for Granny Flats - OPPOSE From: "Linda Iversen" <liversen@apr.com> To: <sdecker@town.Ios-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town.los- gatos.ca.us>, <jpirzynski@town.los-gatos.ca.us>, <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 2:09 PM Subject: FW: SILVAR *** RED ALERT*** Los Gatos Rent Control for Granny Flats - OPPOSE CC: <ncardenas©silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Linda Iversen Alain Pinel Realtors file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW } 00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - IMPORTANT TO ME From: "Evans, Sydney" <sevans@cbnorcal.com> To: "'sdecker@town.los-gatos.ca.usi" <sdecker@town.los-gatos.ca.us>, "'sglickman@town.los- gatos.ca.us"' <sglickman@town.los-gatos.ca.us>,"'dmcnutt@town.los-gatos.ca.usi" <dmcnutt@town.los-gatos.ca.us>, "'jpirzynski@town.Ios-gatos.ca.usi" <jpirzynski@town.los- gatos.ca.us>, 'mwasserman@town.ios-gatos.ca.us"' <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 1:32 PM Subject: IMPORTANT TO ME CC: ' ncardenas@silvar.org"' <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Sydney Evans Serving the Mountains as well as the Valley sevans@cbnorcal.com 408-399-1441 = direct 408-354-5991 = fax file://C:1Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW } 00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - Rent Control for Granny Flats From: "Judy Tucker, Broker Associate" <judytucker@pacbell.net> To: <sdecker@town.los-gatos.ca.us> Date: 8/1/2003 12:57 PM Subject: Rent Control for Granny Flats Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Judy Tucker, CRS Broker Associate Windermere SVP Los Gatos/Saratoga file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW } 00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) — Against Section: 29.10.320 From: "John Jenkins" <jjenkins@apr.com> To: <sdecker@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town. los- gatos.ca.us>,<jpirzynski@town.los-gatos.ca.us>,<mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 12:54 PM Subject: Against Section: 29.10.320 CC: <ncardenas@silvar.org> Dear Los Gatos Town Council: As a property owner who lives in Los Gatos and As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: John and Robin Jenkins 115 Sierra Linda Los Gatos, Ca. 95032 408-379-2430 file://C:1Documents%20and%20Settingslpgarcia\Local%20Settings\Temp\GW } 00001.HTM 8/1/2003 Important! regarding Secondary Unit Ordinance Page 1 of 1 Sandy Decker (Calendar Only) - Important! regarding Secondary Unit Ordinance From: To: Date: Subject: CC: "Mark Oliverez" <molivere@apr.com> <sdecker@town.los-gatos.ca.us>, <sglickman@town.los- gatos.ca.us>, <dmcnutt@town.los-gatos.ca.us>, <jpirzynski@town.los-gatos.ca.us>, <mwasserman@town.los- gatos.ca.us> 8/1/2003 12:48 PM Important! regarding Secondary Unit Ordinance <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Mark Oliverez Broker Associate Alain Pinel Realtors 408.358.1111 x186 e-mail: mark@markoliverez.com file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW}00001.HTM 8/1/2003 8/2/2003 8:58 AM FROM: Fax ALAIN PINEL REALTORS TO: 354-8431 PAGE: 002 OF 002 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Stacey Hall 17500 Skyline Blvd Los Gatos, CA 95030 8/2/2003 9:00 AM FROM: Fax ALA1N PINEL REALTORS TO: 354-8431 PAGE: 002 OF 002 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: IIN. - WN OF LOS GATOS OFFICE OF TOWN CLERK As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Stacey Hall Alain Pine! Realtors 634 N. Santa Cruz Ave Los Gatos, CA 95030 Page 1 of 1 Sandy Decker (Calendar Only) - rent From: "Geary, MichaelT" <MichaelT.Geary@cbnorcal.com> To: "'sdecker@town.los-gatos.ca. us"' <sdecker@town.los-gatos.ca. us> Date: 8/1/2003 12:34 PM Subject: rent Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Michael T. Geary file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW}00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - OPPOSITION TO RENT CONTROL ON GRANNY FLATS From: "Carol Mauldin" <cmauldin@apr.com> To: <sdecker@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town. los- gatos.ca.us>, <jpirzynski@town.los-gatos.ca.us>,<mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 12:32 PM Subject: OPPOSITION TO RENT CONTROL ON GRANNY FLATS Dear Los Gatos Town Council: As a Realtor doing business in the town of Los Gatos, I find Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, to be seriously disturbing and potentially damaging to property owners. I am writing to request that it be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. This type of restriction hurts the general public, property owners, and will negatively impact myself and other Realtors, as well. I respectfully request that you remove this provision from the ordinance, and work with Realtors and homeowners on an alternative. Sincerely, Carol Mauldin 15345 Bohlman Road Saratoga, CA 95070 Carol Mauldin, Realtor Alain Pinel Realtors 408-219-1713 file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp \GW}00001.HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - rent control From: "George Montanari" <gmontana@apr.com> To: "ayor Sandy Decker" <sdecker@town.los-gatos.ca.us>, "Vice -Mayor Steve Glickman" <sglickman@town.los-gatos.ca.us>, "Councilmember Diane McNutt" <dmcnutt@town.los- gatos.ca.us>, "Councilmember Joe Pirzynski"<jpirzynski@town.los-gatos.ca.us>, "Councilmember Mike Wasserman" <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 12:15 PM Subject: rent control CC: <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: George Montanari Alain Pinel Realtors 408-358-1111 x 808 Office 408-354-1235 x 808 Direct 408-497-2213 x 808 Cell 408-399-6387 Fax gmontana@apr.com www.gmontanari.com Click on this link for my website (mis listings, school scores, mortgages etc...) file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW} 00001. HTM 8/1/2003 Page 1 of 1 Sandy Decker (Calendar Only) - Los Gatos Rent Control for Granny Flats - OPPOSE From: "Esparza, Stephanie"<Stephanie.Esparza@cbnorcal.com> To: "'sdecker@town.los-gatos.ca.usi" <sdecker@town.los-gatos.ca.us>, "'sglickman@town.los- gatos.ca.us" <sglickman@town.los-gatos.ca.us>,"'dmcnutt@town.los-gatos.ca.us" <dmcnutt@town.los-gatos.ca.us>,"'jpirzynski@town.los-gatos.ca.us"' <jpirzynski@town.los- gatos.ca.us>, "'mwasserman@town.los-gatos.ca.usi" <mwasserman@town.los-gatos.ca.us> Date: 8/1/2003 5:52 PM Subject: Los Gatos Rent Control for Granny Flats - OPPOSE CC: "'ncardenas@silvar.org'" <ncardenas@silvar.org> Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Stephanie Esparza Coldwell Banker Los Gatos (409)355-1500 x202 www.camoves.com/stephanie.esparza file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW}00001.HTM 8/1/2003 AUG-01-2003 06:15 PM 3.Z641rti July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE:-3548431 Dear Mayor Decker and Councitmembers: As a REALTORS in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be strcken fromthe proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providingmore secondary The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent atBMP marketinglgher y rate while entire burden developments can offset the cost of providing BMP housing by !3 gi of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely f2ZJL. (address) FROM : LOWELL GRATTAN PHONE NO. : 409 379 2355 Aug. 01 2003 04:58PM P1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second unit Rent Control Ordinance VIA FACSIMILE: 408-354-S431 TO!N OF LOS GATOS OFFICE OF TOWN CLERK Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320_ which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is without a doubt unconstitutional. This is clearly a TAKING under the fifth amendment. Nor shall private property be taken for public use with- ouf just compensation. This is hurting one class of property owners for the community good or public use. So much of the present Los Gatos regulations, site approval conditions and zoning is unconstitutional the way it is managed. The council in its action presents the view that the property owner has no property rights at all only the council has all property rights. The only property rights a land owner has is what he is will to fight for and this action may bring out a group with some fight. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Pick your fights carefully! 204 Casitas Blvd. Los Gatos, CA 95032 (address) AUG-02-2003 12:05PA FROk1-ALAIN PINEL REALTY 1-408-389-638T T-688 P.001/001 F-014 L !t Aug. 2, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354.8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Nancy Jensen 15925 Viewfield Road, Monte Sereno (address) mop vo to 10.10 IV-J0404J7 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 FROM-ALAIN PINEL REALTORS T-145 P.01/01 F-T1 . .) VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance, The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely • (address) 6jj. 9�a� KUbtK1 UlNUtKY PAGE 01 Ark. .ALAIN PINEL July 30; 2003 Mayor Sandy Decker and the Los Gatos Town Council 1.10 East Main Street Los Gatos, CA 95031 RE: Second Reading on :Second Unit Rent•Control Ordnance VIA. FACSIMILE- 408-3548431 As a REALTOR* in Los Cvetos,: I -am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believethis provision is . counterproductive to the goal ofproviding more.secondary units, The rent control provision unfairly burdens individual hoxoeowners. Ifthe rent control provision is adopted, 100 percent of new secondary units would be required to rent at B rates, Interim then; whl1e other developments can, offiet the cost of providing BMP housing by charging a higher market rate the entire burden: of providing BMP secondary units would be. assumed by an individual; bow with no to offset the cost. - Putting resnictions and burdensome reporting requirements onowners of such units is a... disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and:rent second units. This goes against the stated purpose of the proposed ordinance, namely the production ofsecond .,units. Further,. the Costa -Hawkins Rental Housing .Act preempts the Town from adopting the rent control provision of the ordinance_ The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these runs, -I respectfigly request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Sharon Thompson Alain Pincl Realtors Los Gatos, Ca. 95030 214 Los Gatos -Saratoga Road Los Gatos, CA 95030 Office 408.358.1111 Fax 408;358.1199 htrp://www.apr.coni rant nr July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 403-354-1431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterpmdui Live to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely .Tl�.✓ C7. "e.ryiwZsi as' e-€ t nu✓.vQ Gar aDrac eiv iro32 (address) AUG-01-2003 15:43 COLDWELL BANKER 408 395 4129 P.01/01 Lou Rae Kagel 147 Newell Avenue LosGatos,California 95032 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL As a homeowner in Los Gatos, 1 am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance I believe this provision is counterproductive to the goal of providing more secondary units, The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 1.00 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units, Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. TOTAL P.01 AUG. 4.2003 10:33AM WINDERMERE LOS GATOS NO.161 P.1/1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408.354-8431 Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL As a REALTORO in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with, For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. 5,.40()TT9 ( ek A -G #- .4 (address) Lo 5 C4 A4Tcs 5 C '15 03 c) HUG. 1.00d 2:" SHM 6506250129 NO.798 P.1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa..Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely 2), (address) AUG-04-2003 09:27AM FROM-ALAIN PINEL REALTY 1-408-399-6387 T-714 P.002/002 F-040 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354.8431 Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL As a REALTOR® in Los Gatos, 1 am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, by stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) /m'}ruo tx) )4X-- AUG-04-2003 09:2T4M FROM-ALAIN PINEL REALTY 1-408-399-6387 T-714 P.001/002 F-040 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL As a homeowner in Los Gatos, I :un writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance, The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincere' c jidt-rie (address) A.-1,./4/ /:27 ) L Aug-01-2003 04:01pm From -SILICON VALLEY ASSN +6509486716 T-940 P.001/002 F-695 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: ttiti,i( i hii AUG 01 2003 `!AY(* ei i OWN COUNC'- As a property owner in Los Gatos and as a Realtor working in the Town, I ant writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary ultits would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town. Council should not waste the Town's.tirne and money on an ordinance that may not be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (addre /41‘ AUG-04-03 09:57 FROM- T-790 P.02/03 F-972 RECEIVED July 30, 2003 AUG 0 4 2003 Mayor Sandy Decker MAYOR & TOWN COUNCIL and the Los Gatos Town Council 110 East Main Street Loa Gatos, CA 95031 VIA FACSIMILE: 30$-334.11431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control an new secondary units, be stricken from the proposed secondary unit ordinance. f believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at amp rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing HMP secondary twits would be asstuned by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek. amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the To from adopting the rem control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance_ With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinAn "e be removed. Sincerely c.e4)_;,v, adt)e_ (address) AUG-04-03 09:57 FROM- T-790 P.03/03 F-972 RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL July 30, 2003 Mayor Sandy Decker and the Las Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Seeoad Reading on Second tInitR.ent Control Ordinouco- -- Dear Mayor Decker and Councilmembers: As a homeowner- in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. lithe rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting resuictians and burdensome reporting requirements on owners of such units is a disincentive to build or seek atunesry for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary Units. Further, the Costa -Hawkins Rental. Housing Act preempts the Town from adapting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. Far these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sinccr (address)�61i- rt �S-Z .4/ 0,4,t) Aviz. ate,- F N /e CAD Sandy Decker (Calendar Only) - Page 1 From: "Mike Moresco" <mmoresco@apr.com> To: <sdecker@town.los-gatos.ca.us> Date: Fri, Aug 1, 2003 7:21 PM August 1, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCII As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Mike Moresco Alain Pinel Realtors 634 N . Santa Cruz ave, Los Gatos, CA. 95030 Sandy Decker (Calendar Only) - Page 2 CC: <sglickman@town.los-gatos ca.us> Sandy Decker (Calendar Only) - Page 1 From: "Mike Moresco" <mmoresco@apr.com> To: <sdecker@town.los-gatos.ca.us> Date: Fri, Aug 1, 2003 7:25 PM Dear Los Gatos Town Council: RECEIVED AUG 0 4 2003 MAYOR&TOWN COUNCIL. As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: CC: <ncardenas@silvar.org> Sandy Decker (Calendar Only) - -/ZECEWEDg AUG 0 4 2003 e1 From: "Moses, Joe" <Joe.Moses@cbnorcal.com> MAYOR & TOWN COUNCII To: "'sdecker@town. los-gatos. ca. us"' <sdecker@town. los-gatos. ca. us>, "'sglickman@town.los-gatos.ca.us"' <sglickman@town.los-gatos.ca.us>, "'dmcnutt@town.los-gatos.ca.us"' <dmcnutt@town.los-gatos.ca.us>, "'jpirzynski@town.los-gatos.ca.us- <jpirzynski@town.los-gatos.ca.us>, 'mwasserman@town.los-gatos.ca. us"' <mwasserman@town.los-gatos.ca. us> Date: Sat, Aug 2, 2003 1:16 AM Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Joe Moses Coldwell Banker, Los Gatos 221 Los Gatos -Saratoga Rd Los Gatos, Ca 95030 Ph: (408) 399-1464 CC: ' ncardenas@silvar.org' <ncardenas@silvar.org> Sandy Decker (Calendar Only) - Los Gatos Rent Control for Granny Flats --OPPOSE MED Page 1 AUG 0 4 2003 From: "Sullinger, Susan" <SSullinger@cbnorcal.com> MAYOR &TOWN COUNCIL: To: "'sdecker@town.los-gatos.ca.us- <sdecker@town.los-gatos.ca.us> Date: Sat, Aug 2, 2003 9:58 AM Subject: Los Gatos Rent Control for Granny Flats --OPPOSE August 2, 2003 Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Susan Sullinger Susan Sullinger, CRS, GRI, SRES Coldwell Banker 12029 Saratoga -Sunnyvale Road Saratoga, CA 95070 Office: (408) 996-1100 Pager: (408) 345-3210 Toll Free: (800) 603-3210 FAX: (408) 996-0849 E-Mail: ssullinger@coldwellbanker.com Web Site: http://www.susansullinger.com <http://www.susansullinger.com/> CC: "'ncardenas@silvar.org- <ncardenas@silvar.org> Sandy Decker (Calendar Only) - Section 29.10.320 of the Secondary Unit Ordinanc' -RE-CT-WED 1. AUG 0 4 2003 From: "Brooks, Byron" <Byron. Brooks@cbnorcal.com> MAYOR & TOWN COUNCIL To: sdecker@town.los-gatos.ca.us ' <sdecker@town.los-gatos.ca.us>, "'sglickman@town.los-gatos.ca.us- <sglickman@town.los-gatos.ca.us>, "'dmcnutt@town.los-gatos.ca.us"' <dmcnutt@town.los-gatos.ca.us>, "'jpirzynski@town.los-gatos.ca.us"' <jpirzynski@town.los-gatos.ca.us>, "'mwasserman@town.los-gatos.ca.us" <mwasserman@town.los-gatos.ca. us> Date: Sat, Aug 2, 2003 10:01 AM Subject: Section 29.10.320 of the Secondary Unit Ordinance Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Byron F. Brooks REALTOR® Coldwell Banker 12029 Saratoga -Sunnyvale Road Saratoga, CA 95070 Sandy Decker (Calendar Only) - rental control on granny flats Page 1 From: YAN WOO <yanwoo1@yahoo.com> To: <sdecker@town.los-gatos. ca. us> Date: Sun, Aug 3, 2003 3:43 AM Subject: rental control on granny flats Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Yan Woo Do you Yahoo!? Yahoo! SiteBuilder - Free, easy -to -use web site design software http://sitebuilder.yahoo.com RECEIVED AUG 0 4 2003 MAYOR &. TOWN COUNCIL Sandy Decker (Calendar Only) - Los Gatos Rent Control for Granny Flats - OPPOS' CEib AUG 0 4 2003 From: Joe Ann Weathers <joeannweathers@earthlink.net> To: undefined <sdecker@town.los-gatos.ca.us>, undefined MAYOR & TOWN COUNCIL <sglickman@town.los-gatos.ca.us>, undefined <dmcnutt@town.los-gatos.ca.us>, undefined <jpirzynski@town.los-gatos.ca.us>, undefined <mwasserman@town.los-gatos.ca.us>, undefined <CouncilmemberJoePirzynskijpirzynski@town.los-gatos.ca.us>, undefined <MayorSandyDeckersdecker@town.los-gatos.ca.us>, undefined <CouncilmemberMikeWassermanmwasserman@town.los-gatos.ca.us>, undefined <Vice-MayorSteveGlickmansglickman@town.los-gatos.ca.us>, undefined <CouncilmemberDianeMcNuttdmcnutt@town.los-gatos.ca.us>, undefined <sdecker@town.los-gatos.ca.us>, undefined <sglickman@town.los-gatos.ca.us>, undefined <dmcnutt@town.los-gatos.ca.us>, undefined<jpirzynski@town.los-gatos.ca.us>, undefined <mwasserman@town. los-gatos.ca. us> Date: Mon, Aug 4, 2003 5:41 AM Subject: Los Gatos Rent Control for Granny Flats - OPPOSE Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondry Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(1) and homeowners on an alternative. Sincerely, Joe Ann Weathers ABR, GRI, RECI, SRES Realtor 18341 Laurel Drive Los Gatos, CA 95030-3153 408-354-9993 CC: <ncardenas@silvar.org> Sandy Decker (Calendar Only) - OPPOSE Los Gatos Rent Control Page 1 From: "Harriman, Barbara" <Barbara.Harriman@cbnorcal.com> To: ""sdecker@town.los-gatos.ca.us"' <sdecker@town.los-gatos.ca.us> Date: Mon, Aug 4, 2003 7:09 AM Subject: OPPOSE Los Gatos Rent Control Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Barbara Harriman 221 Los Gatos -Saratoga Rd Los Gatos, CA 95030 barbara.harriman@cbnorcal.com CC: ""ncardenas@silvar.org"' <ncardenas@silvar.org> RECEIVED AUG 0 4 2003 MAYOR. & TOWN CO11NCU Sandy Decker (Calendar Only) - Page 1 From: "Karen Biglarderi" <karen@biglarderi.com> To: <sdecker@town.los-gatos.ca. us> Date: Mon, Aug 4, 2003 9:37 AM Dear Los Gatos Town Council: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCII, As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Karen Biglarderi, Broker 408.483.2342 http://www. biglarderi.com Sandy Decker (Calendar Only) - Rent Control AUG 0 4 2003 From: "Guy, Natasha" <Natasha.Guy@cbnorcal.com> MAYOR & TOWN COUNCIL To: 'sdecker@town.Ios-gatos.ca.us"' <sdecker@town.los-gatos.ca.us>, -sglickman@town.los-gatos.ca.us'" <sglickman@town.los-gatos.ca.us>, ' dmcnutt@town.Ios-gatos.ca.us'" <dmcnutt@town.los-gatos.ca.us>, -jpirzynski@town.los-gatos.ca.us' <jpirzynski@town.los-gatos.ca.us>, -mwasserman@town.los-gatos.ca.us"' <mwasse rman @town . los-g atos. ca. us> Date: Mon, Aug 4, 2003 9:55 AM Subject: Rent Control Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Natasha *********** Natasha Guy Realtor, Coldwell Banker www.natashaguy.com 221 Los Gatos -Saratoga Rd. Los Gatos, CA 95030 408.399.1476 Direct Sandy Decker (Calendar Only) - Los Gatos Rent Control for Granny Flats - OPPO --RECEIVE]) TE]) 1 AUG '0 4 2003 From: "Kathleen Royer" <kroyer@pacbell. net> MAYOR & TOWN COUNCIL To: <mwasserman@town.los-gatos.ca.us>, <jpirzynski@town.los-gatos ca.us>, <dmcnutt@town. los-gatos.ca. us>, <sglickman@town. los-gatos. ca. us>, <sdecker@town. los-gatos.ca. us> Date: Mon, Aug 4, 2003 10:58 AM Subject: Los Gatos Rent Control for Granny Flats - OPPOSE Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Kathleen Royer Realtor, Le Blanc Investments Los Gatos, CA CC: <ncardenas@silvar.org> July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: "1 WN OF LOS GATOS • OFFICE OF TOWN CLERK As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Aid ,sS ,9l. (address) ( July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely SAAJI" Cadwadgctikkizr o? I-0 s IcA -- rtoc s %o , (address) Los �, Haar CA 95030 I August 1, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Firouz Eghbali 221 Los Gatos-S oga Rd. Los Gatos, CA 95030 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Si oz u..-_ - A-,t4 (address) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely %6)2q L, 31- C . (address) Z-RS 3 C. 3 z July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely 4szi &A.eJ, (address) &... &r*, 44 41rD3 L July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerel �y y N. -s /�- (address) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely ca,/ ZosGs/S4404reGa 60s 6� O (address) . °'04i2003 11:35 FAX 918 382 2932 that eed Code rb Y forems, itshall rallnew second dwe)Iinu To restate: Deyelol�me V lots e °'1�lYwith the affordabilib units would Mader . nt. lnco sub t° coay ntrol e to osed scheme a established by the Federal subject off'%' ed Such e man of at the time of the initial a ing the wn�seekin e dare would tlal I,en second g permission to build a sec u14 be �Inerab1e ��Y unit ttnderrent control, with rent levelond s both to statutory- grid co Ncad�l ka�.lo.�6p Placerville nstit Atlantic 13201 .1'espue Road constitutional challenge- Hawail_ P Bpx�ti2 Die Highway d one, Suite 25pe 100.8a Washington: 109109 • Honolulu, r.r airs 1105 �chora$c 99 5 CA 9�827 - (916) 3 33rd plac 196811 . (808 r� C3b1 F 03 - (9o7) 278 1 7 62-2833 F (916) 362-2932 E ''i' pl£ e, Sulk 109 . Bellevue, ) 73g 33 3�. F 33146 - (305) 6631 - Fax: (907) 276-3887 �a�ficicgal org Web �,� 98004 0 733-33T 1677 on: • Pax: (305) 667-7773 • Bp g . Sire: wy w (425) 57F,-0 -0 • F (503) 241-8 779 Yactftcleg6_or� Fax: (425) 576-9565 that is referenced indicating Restriction. 11oits lfor Santa for reS chop shall Dcp ent of 1 r Clara Count rentalpural1 berecorded .fo PACIFIC LEGAL PACIFIC LEGAL E GA` L FOUNDATI REPLY l0; hej@paci:'��c1e8aL org TheS ° e°rable &Indy Ms. Diane Glickman, Vice-Mayor icDecker, Mayor I VI doe Pi Nutt, Council Mdem JoeVIr Wasserman, a Sky. Council A either r 1Iw n of Los :1:7ar, Council Fast Member Los Gatos, CA Street Re; 431 PropOSed Section Deed Restriction/Rent Dear Mayor ent Control Pro n al for Division Decker. osel for New 7 r Vice-�'la Second Pie Dear Legal yor Glickman, lickm Dwellira U units z0 cnce natiana elation is a d Council a'e non Members: 11/p� For: � an profit �19g7), dNO la 1 v S. 46 (�D0issuesofppublic interest law firm u'nti CalifOrnra Cl ), Coastal SztCm v Amendment property with more than 30 astul Co Tahoe Real rt3'rights. See, e. o years of tc drl�WYouratt "�zrs 483 oral planning Agenc o , Palazzolo v szon eel above �d attention to lei U.S. 825 (1987), Y, 520 U.S. 725 island; 11ylitigating August 4, 2003 N 0 AUG - 4 2003 TOWN FFIC£ F LOSTOWN CLERK VIA FACSIMILE (408) 354-8431 bEedReStr'i+� • which reads as vulnerabilities in the pro d Posed Town amendment 00 IJ U4 ZUUJ ll:io FAA allf J ZJjz YAl:lr1G LEGAL lQ 003 The Honorable Sandy Decker, Mayor, Vice -Mayor, and Council Members August 4, 2003 Page 2 1. It would be vulnerable as a violation of California's Costa -Hawkins Rental Housing Act, which exempts newly constructed units from rent control (Civ. Code § 1954.52(a)(1)) and pcmrits owners to establi;; li the initial rental rate for any residential unit, unless certain delineated exceptions specifically set out in the statute were met. Civ. Code § 1954.53(a). 2_ ft would be vulnerable under the constitutional rule that says any exactions imposed as a condition for permission to make use of land must be necessary- to "fulfill public needs emanating from the landowners ' proposed use." Liberty v. California Coastal Commission, 113 Cal. App_ 3d 491, 503 (1980) (emphasis added). See also Nollan, 483 U.S. at 837. r COSTA-HAWKINS PREEMPTS THE PROPOSED RENT MANDATE According to the California Constitution, "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." Cal. Const. art. XI, § 7. "A conflict exists if the local legislation [ 1 ] duplicates, [2] contradicts, or [3] enters an area fully occupied by general law, either expressly or by legislative implication." Sherwin-Williams Co. v. City ofLosAngeles, 4 Ca1. 4th 893, 897 (1993) (internal quotation marks omitted). There is a conflict, between the proposed rent -control amendment and Costa -Hawkins because the proposed amendment both contradicts Costa -Hawkins and enters an area fully occupied by general law. A. The Legislature Has Fully Occupied the Area of Rent Control Through Costa -Hawkins The two stated central purposes of the Costa Hawkins Act —to exempt new residential units from rent control and, subject to certain delineated exceptions, to permit owners to set the initial rent rate for any residential unit —are both effective "notwithstanding any other provision of law." Civ. Code § 1954.52(a), §1954.53(a). The Act deals thoroughly with establishment and decontrol of residential rental rca.tes, laying out when owners may set rates and when they may not, and prescribing a phase -in period: for vacancy decontrol. Such comprehensive specifications amount to an expression by the Legislature of "a paramount state concern [that] will not tolerate further or additional local action." Sherwin-Williams, 4 Cal_ 4th at 898. 08/04/2003 11:35 FAX 916 362 2932 PACIFIC LEGAL f 004 The Honorable Sandy Decker, Mayor, Vice -Mayor, and Council Members August 4, 2003 Page3 B. The Proposed Rent -Control Provision Contradicts Costa -Hawkins "[L]ocal legislation is `contradictory' to general law when it is inimical thereto." Shenvin-Williams, 4 CaI. 4th at 898 (citation omitted). The proposed rent -control mandate is inimical to Costa - Hawkins. The proposed provision requires second -unit rents to comply "with the affordability rent level for Santa CL_ ra County for very low income as established by the Federal Department of Urban .Development" —meaning that the initial rental rate on a new second unit must be rent -controlled. However, Costa-1:lawkins decrees that, with certain exceptions, "an owner of residential real property may establish the initial and all subsequent rental rates" for a residential unit (Civ. Code § 1954.52(a), § 954.53(a) (emphasis added)). The proposed provision simply cannot be squared with the state mandate. C. Costa Hawkins cannot be circumvented by calling local rent controls something else. The proposed provision would appear in a zoning ordinance. However, this fact would not insulate it from the rent -control mandates of Costa -Hawkins. Courts look to the Iogic and effect of a legal enactment, not the title assigned it by authors, in order to determine its essential character- See, e.g., Thomas v. City of East Palo 41ro, 53 Cal. App. 4th 1084, 1087 (1997)(citing the actual effects ofa particular city tax, not the characterization offered by city officials, to determine whether it was an excise or property levy.) Clearly, the proposed provision would control rents on second units: it therefore amounts to rent control —and trespasses on ground that has been fully occupied by the state through Costa-H awkins. II THE RENT MANDATE IS CONSTITUTIONALLY DUBIOUS A. The Rent -Control Permit Condition Does Not Respond to Any Public Needs Created by the Construction of New Second Units Under Fifth Amendment case law, an unconstitutional taking occurs when government attaches a condition to its grant of a land -use request, and there is not an "essential nexus" between the "condition" and the "justification" for the condition. Nollan, 483 U.S. at 838. In other words, the permit condition must respond to sonic need or impact created by the proposed land -use project. In Nollan, a beach -fry ant property owner who sought to replace his dilapidated home with a larger one, was told that permission would be give„ only if he granted the public an easement across the private beach on his property. The Supreme Court found that building the proposed new home would not 08/04/2003 11:35 FAX 916 362 2932 PACIFIC LEGAL 1005 The Honorable Sandy Decker, Mayor, Vice -Mayor, and Council Members August 4, 2003 Page 4 create a need for new public access to the beach that would justify the owner being required to dedicate a public easement. Therefore, the government's condition amounted to a taking. Id The proposed rent -control mandate for second units in Los Gatos is similarly unconnected to any need or impact created by the construction of a second unit. It; in return for permission to build a second unit, the city demanded funds to pay for street improvements on the grounds that a second unit might generate more traffic in the area, at least an argument could be made that there was a "nexus" between the condition and the proposed land usc. But one could spend all day in head - scratching and nc I: come up with a logical reason why the building of a second unit should in and of itself create a need for rent control. The proposed re:it-control mandate would conscript each and every new second unit into the Town's Below .Market Price program much as regulators tried to force the Nollans to provide for public beach access. As the Nollan ruling makes clear, however; forcing a few targeted landowners to bear the brunt of providing for a public need, even when they did not create that need, is not constitutionally permissible. B. The Rent -Control Permit Condition Does Not Advance a Legitimate State Purpose A key Fifth Amendment rule declares that private property is unconstitutionally taken if a land -use regulation fails to "substantially advance legitimate state interests." Agins v. City of Tiburon, 447 U.S. 255, 260 (1980). The Ninth Circuit Court of Appeals applied this rule when it struck down a condominium land rent -control arrangement in Honolulu. The ordinance restricted the land rent charged to condominium owners; this had the effect of raising the sale prices of the condominiums and thus did not advance the legitimate goal of creating affordable housing. Richardson v. City and County ofl-Ionohilu, 124 F.3d 1150, 1164-68 (9th Cir. 1997). Similarly, the proposed rent controls on second units in Los Gatos would be likely to inhibit the construction ofnekv second units. So, instead of facilitating more housing, the rent restriction would do just the opposite. This is hardly a legitimate state purpose, especially given the fact that the Legisl ature has identified second units as "a valuable form ofhousing in California" and has declared its intent that "any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units and ... are not so arbitrary. excessive, or burdensome so as to unreasonably resarict the ability of homeowners to create second units . " Gov't Code 65852.150_ 06/04/2003 11:36 FAX 916 362 9032 PACIFIC LEGAL 0006 The Honorable Sandy Decker, Mayor, Vice -Mayor, and Council Members August 4, 2003 Page 5 Thank you for considering the statutory and constitutional problems with the proposed rent restriction for second units. Please feel free to contact me directly should you have any questions or concerns. Sincerely, GJ-?-i C/A HAROLD E. JOHNSON Attorney Rug 04 03 12:08p Benedict Pedro (40B) 238-9691 p.1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units_ Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely j �. •`i-/ .1 j is ! r } ,� (address) AUG-04-2003 12:06PM FROM-ALAIN PINE. REALTY 1-408-389-6387 T-725 P.001/001 F-051 ALAIN PINEL July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners_ If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates: Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is. a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. 634 North Santa Cruz Avcnuc Suite 103 Los Gatos, CA 95030 Office 408.358.1111 Fax 408.399.6387 www.apr.com FROM : FAX NO. : July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSMITLE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with_ Aug. 04 2003 11:20AM P1 For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (*Mew, (0 3 cr >ti . S ri co /%, (address) L os C!/� �5� Ci vi 50 AUG-04-03 11:36 FROM- T-802 P.02/02 F-986 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 1E OF LDS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units_ Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the Mated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordi ce be removed. Sin (address) L ,, G n i a�cpA s �j AUG-04-03 11:34 FROM- T-801 P.03/03 F-385 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 ,F-ell- L E I AUG ,� - 4 2003 I) TOWN OF LO.: GATOS OFFICE OF TO N CLERK RE; Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanists to offset the cost. Putting restrictions and burdensome reporting requirements on owners of' such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) AU -04-03 11:33 FROk1- T-801 P.02/03 F-989 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading uu Second Unit Rent Control Ordinance VIA. FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTGRc in Los Gatos,1 am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. if the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose oldie proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Since i l (adress) AUG-04-03 11:33 FROM- T-801 P.01/03 F-985 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTORt in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rem control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly Iegal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely —�/�,( A Arre4.-_-_,192-2 . (address) AUG-04-03 11:29 FROM- T-800 P 02/02 F-984 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 LS AUG a122003 TOWN OF L1 GATOS OFFICE OF TOWN CLERK VIA FACSIMILE: 40S-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembets: As a homeowner in Los Gams, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units., be stricken from the proposed secondary unit ordinance, i believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted,100 percent of new secondary touts would be required to rem at BMP rates. Interestingly then, while other developments can offset the cost of providing BM? housing by charging a higher market rate, the entire burden of providing I3MP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rear second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rem control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions of the proposed secondary unit ordinance he removed. ely AUG-04-03 11:29 FROM- T-800 P.01/02 F-284 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 9503 t 'VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rear Control Ordinance Dear Mayor Decker and Counailmembets: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rem control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing mare secondary hits. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted. I00 percent of new secondary units would be required to rent at AMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the enure burden of providing AMP secondary units would be assruned by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With Tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ord+nonce that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secs Y• - unit ordinance be removed. (address) t/Y7 A -I 1 Aug 04 03 11:25a Lisa Giuffre 408-371-7481 p. 1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely 11• Vr lv lr L Ci,, L ,L (address) AUG-04-03 11:15 FROM- T-799 P.01/01 F-983 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 I E AUG — , 2003 S GATOS OF TOWN CLERK VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rear Control Ordiuunce Dear Mayor Decker and Councilmernbers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ardinwncp. 1 believe this provision is counterproductive to the goal of providing more secondary units. Thr real control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements an owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance_ With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerciy i s i�� S Cam° 7 G4 / 4 (address) � $ (CA 7) S Aug 04 03 10:39a Bruce Frager 408395-G838 p.1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner and Realtor in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely ruce Frager _312 Andrews Street, LG, 95030 bfrager@apr.com Sent By: GROTH; 408 395 1468; Aug-4-03 12:42PM; Page 1/1 August 4, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remov 29.10.320, which establishes deed restrictions and rent control on new secondary stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. lithe rent c is adopted, 100 percent of new secondary units would be required to rent at B Interestingly then, while other developments can offset the cost of providing B charging a higher market rate, the entire burden of providing BMP secondary uni assumed by an individual homeowner with no mechanism to offset the cost. Section units, be ntrol provision rates. housing by would be Putting restrictions and burdensome reporting requirements on owners of such is is a disincentive to build or seek amnesty for second units. Requiring owners to rent o tenants at only a below market rate is a disincentive to build and rent second units. This g• - against the stated purpose of the proposed ordinance, namely the production of secondary u ts. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopti g the rent control provision of the ordinance. The Town may be subjecting itself to a long, ostly legal battle to defend a questionable ordinance. With tight budgets and tough econom c times, the Town Council should not waste the Town's time and money on an ordinance tha may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the pr.. osed secondary unit ordinance be removed. Sincerely Kay (;/nth 115 Lancewood Place Los Gatos, Ca 95032 ‘="S/r.._. Aug 04 03 12:31p p.1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Sect .on 29.10.320, which establishes deed restrictions and rent control on new secondary units,' ►e stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control 1 rovision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP hour: ng by charging a higher market rate, the entire burden of providing BMP secondary units won d be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tena its at only a below market rate is a disincentive to build and rent second units; This goes agai nst the stated purpose of the proposed ordinance, namely the production of secdndary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the i ent control provision of the ordinance. The Town may be subjecting itself tbo a long, costly egal battle to defend a questionable ordinance. With tight budgets and tough economic time , the Town Council should not waste the Town's time and money on an ordinance that may r of be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions Of the proposed secondary unit ordinance be removed. Sincerely Cetipt a. C Pkt... ll� CA `�I5o3o (address) AUG-04-03 12:29 FROM- T-810 P.01/01 F-994 (address) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, i am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units_ The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units_ Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with_ For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. cerely ACAld a1 y Los GAros -- S>ft roGA p Los GA -To$, L`L) 95Q 3,0 08/03/2003 11:07 4083769072 IAN 0 HUMPHRIES PAGE 01 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance, I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance, With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely ./ C7. /✓a.�►r�/sT /as e ct..✓,1€ 47/ igeT7br' tQ /Iv '� 32 (address) 06/19/2003 13:04 408-358-1100 ROBERT GINGERY PAGE 01 / !\ ALAIN PINEL 1tk,.ni. MK, July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent'Control Ordinance VIA FACSIMILE: 408-354-S431 Dear Mayor Decker and Counci n mbers: As a REALTOR* in Los Gatos, I am writing to ask that the .Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no rnecbanisw to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary,units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Sharon Thompson Alain Pinel Realtors Los Gatos, Ca. 95030 214 Los Gatos -Saratoga Road Los Gatos, CA, 95030 Office 408.358.1111 Fax 408.358.1199 http://www.apr.com AUG 03 '03 13:16 TO-3548431 FROM-ALAIN PINEL REALTORS T-145 P, 01/01 F-718f ., X.,tGGY- OFFICE OF TOWN CLERK July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Deer Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from aproposed goal of providing unit ordinance. t ee ondaryteve unitsdtls provision is counterproductive The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is disincentive ce, namely the production of seco dits. art' is unit oes against the stated purpose of the proposed Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable te the Town'ce. sdime and mbudgets oney on and tough ordinancethat may not be , the Town Council should n legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely • (address) 8/2/2003 9:00 AM FROM: Fax ALAIN PINEL REALTORS TO: 354-8431 PAGE: 002 OF 002 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Stacey Hall Alain Pinel Realtors 634 N. Santa Cruz Ave Los Gatos, CA 95030 AUG-02-2003 12:05PM FROM-ALAIN PINEL REALTY 1-408-399-6387 T-688 P.001/001 F-014 Aug. 2, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 OFFICE OFOF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354.8431 Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rein control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely `Nancy Jensen 15925 Viewfield Road, Monte Sereno (address) 8/2/2003 8:58 AM FROM: Fax ALAIN PINEL REALTORS TO: 354-8431 PAGE: 002 OF 002 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely Stacey Hall 17500 Skyline Blvd Los Gatos, CA 95030 FROM : LOWELL GRATTAN PHONE NO. : 408 379 2355_� Aug. 01 2003 04:58PM P1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSLVIILE: 408-354-8431 Dear Mayor Decker and Councilmembers: As a REALTORt in Los Gatos, 1 am writing to ask that the Town Council remove Section 29_ 10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is without a doubt unconstitutional. This is clearly a TAKING under the fifth amendment. Nor shall private property be taken for public —use with out just compensation. This is hurting one class of property owners for the community good or public use. So much of the present Los Gatos regulations, site approval conditions and zoning is unconstitutional the way it is managed. The council in its action presents the view that the property owner has no property rights at all only the council has all property rights. The only property rights a land owner has is what he is will to fight for and this action may bring out a group with some fight. Further, the Costa -Hawkins Rental dousing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Pick your fights carefully! Sincerely Lowell Grattan 204 Casitas Blvd. Los Gatos, CA 95032 (address) AUG-01-2003 06:15 PM 3.264278 4083950721 P.01 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 OFFICE OF TOWN K Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units_ This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long., costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) \ .) FROM : k I CHMANS FAX NO. : 4083580188 Jul. 31 2003 09:06AM P1 (3LDWELL BANKER PREVIEWS ____ July 30, 2003 KI>i Ri(.H\1r\ Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-35441431 Dear Mayor Decker and Councilmembers: As a REALTORR in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. 1 believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners_ If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. interestingly then., while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa, -Hawkins Rental Housing Act preempts the To from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) 449 N. Sad la Cruz Avenue • I.ns Gatos. C,i 9 3O O 408.355.1513 • Pax 408.355.1599 • Cell 408.4O6.95 s 3 krichmanZehnnrc•ai.eon, • ktmricitmnn <.nu Owned Ard Operated ay WIT Incurpnrated. sY .r. 411V. YL•-'Mrrl riven-i��ti.Ul' YMLLCf Naar +0118A IU T-913 P QOt/OCI F-635 July 30.2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Las Gatos. CA 95031 VIA FACSIMILE: 408-35441431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, Which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. i believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units the Costa -Hawkins Rental }lousing Act preempts the Town from adopting the rent control provision of the ordinance_ The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. sin ely 3� wS (address) 6ctIv c Re..14G-e& 088-1 10/10'd 859-1 -MVOd 9V 80 so—lO-9f1V 07-31-03 03:53PM FROM-ALAIN PINEL +4083581199 T-258 P 01/01 F-608 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 VIA FACSIMILE: 408-354-8431 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. f believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. Tithe rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, l respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincer (address /'_ -- July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. TOWN OF LOS GATOS OFFICE OF TOWN CLERK July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. TOWN OF LOS GATOS OFFICE OF TOWN CLERK Sincerely / 7/ Ui // / ham: addr, ss) , �p� ; 9666 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 0 2003 l TOWN OF LOS GATOS OFFICE OF TOWN CLERK TOWN OF LOS GATOS OFFICE OF TOWN CLF;, RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely e, dadcd, - (address) • • July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 L L 1 JUL. 0 2003 J TOWN OF LOS GATOS • OFFICE OF TOWN CLERK OFFICE N OF To v CI RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask thad t the Town Council remove control on news secondary units, be on 29.10.320, which establishes deed restrictions ordinance. I believe this provision is stricken from the proposed secondary units. counterproductive to the goal ofprovidingmore secondary The rent control provision unfairly burdens individual ho requiredewnerts. o rent at BMP controlIf the rent ratesprovision is adopted, 100 percent of new secondary units would be Interestingly then, while other developments can offset the cost of p ovi dagy BMP housing would be by charging a higher market rate, the entire burden of providing assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirementsu on oowners to rent to tenants at rs of such units is a disincentive to build or seek amnesty for second us q only a below market rate is a disincentive to build and rent sewn ond units.secoThisdary goetsagainst the stated purpose of the proposed ordinance, namely the pro rent Further, the Costa -Hawkins Rental Housing Act preempts the Town om adopting he control provision of the ordinance. The Town may to legal ough economic times, the battle to defend a questionable ordinance. With tight budgets to dinance that may not be Town Council should not waste the Towns time and money on an legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) f c Aso 33 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 i O L E 21.u03 TOWN OF LOS GATOS OFFICE OF TOWN CLERK OFFICE OF OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed second • ordinance be removed. July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 L i 0 JUL2Ga,3 TOWN OF LOS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. (address) �� 6DS 1 GSA 19 3 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 OF ICE OF TOOWN OF WN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely camfoi (07\c/b.,* bpr-Is (address) S63 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 sz7, (2443 JUL _:2003 TOWN OF LOS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely A'/ %h+/Rc rptr- 6I (address) GJ, July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 J i30,-20.03 I JUL 0 2003 TOWN OF LOS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerel ;c/a /r' Fee g‘L#2 &( /r-cV »,tea (address) ��-��S �, 0s )9 9..10�� July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 OFFICE WN OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can fffset the cost ofs secondary unitsroviding hwould beousing y charging a higher market rate, the entire burdenproviding BMP assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With lght and moneyon budgets and anordinance that may not be tough Town Council should not waste the Town' time legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictiOflS and rent I conbeltrol thisonew wprsec on is units, be stricken from the proposed secondary unit ordinance. counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual required homeowners.to r f the rent t BMP n ratrtes. provision is adopted, 100 percent of new secondary units wouldbe Interestingly then, while other developments can offset ff the ost of BMPs secondary unitsroviding would beusing charging a higher market rate, the entire burden ofproviding assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second o build ants. d rentring seconduwnitsrsto rent to tenants at This goes against the only a below market rate is a disincentive stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental HousinAct ar be subject subjecting ts the Town to a longom , cog s 1y legal e rent control provision of the ordinance. The To Y battle to defend a questionable ordinance. � Wiestight budgets on an ordinance that may not be d tough economic times, the Town Council should not waste the Towns timeY legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. CAALto r....CNAtN l (address) r<-_e2 ottrC July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 U, aOD3 JULIL 0LO 3 TOWN OF LOS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) �4hO6-L> QQ5073 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 it?. ;26°3 JUL U c003 TOWN F LOS GATOS OFFICE OF TOWN CLERK ail RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. rsecondary Ielieve this provision is counterproductive to the goal of providing The rent control provision unfairly burdens individual be homeowners. required o r nt at BMP he rent conratrol provision is adopted, 100 percent of new secondary units would Interestingly then, while other developments can offset ost of BMPproviding secondary BMP h osin being by charging a higher market rate, the entire burden of providing assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting qunit mReq�ring owners eers to rent to tenants at its is a disincentive to build or seek amnesty for second only a below market rate is a disincentive to build and rent second reduction of units. This dary goetsagainst the the stated purpose of the proposed ordinance, namely p Further, the Costa -Hawkins Rental HousinAct ar be subject subjecting ts the tself to a from adopting long, costly the legal control provision of the ordinance. The To Y battle to defend a questionable ordinance. Withmboneys nn an ordinance that may not be d tough Town Council should not waste the Town's time and one Y o legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely rsiv/ ill"- Sr GG S i (address) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely (address) L(5 (‘Go s/ C 64 C b 3 0 Is,- t (.._,Z) clA Al 0 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 OFOWN OF LOS FICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: l remove As a REALTOR® in Los Gatos, I am writing to ask that control on new Coseclondary units, be 29.10.320, which establishes deed restrictions and stricken from the proposed secondary unitordinance. secondary believ t�s provision is d counterproductive to the goal of providing The rent control provision unfairly burdens individual homeowners. s. If the rent to rent at BMP rates. provision is adopted, 100 percent of new secondary units wouldrequired Interestingly then, while other developments can offsetvidin BMP secondary econdary unitsroviding would be charging a higher market rate, the entire burden of providing assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting quireents on owns of such unit mRequiring owners to rent tostenants at is a disincentive to build or seek amnesty for second only a below market rate is a disincentive to build tand heproduction second ounits.secoThis goes etsagainst the stated purpose of the proposed ordinance, namely from Further, the Costa -Hawkins Rental HousinAct ar be subject subjecting Townts the elf to a long,costly legal g the rent control provision of the ordinance. The To y battle to defend a questionable ordinance. With tightd moneys onn and tough economic times, the ordinance that may not be Town Council should not waste the Town'ones time Y legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed seco unit ordinance be removed....Ado (address) 9 5-c)x) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 a47193 JUL �0� 2003 TOWN OF LOS GATOS OFFICE OF TOWN CLERK RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments a burden of ffset the cost of roviding BMP secondary econdary uroviding nits would behousing charging a higher market rate, theP assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable othe Town's time and muoney odgets nnand to dinance that may not be economic times, the Town Council should not waste legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely y- t7 cj /)/vc _� L C 2) 5 2- (address) July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 t aoo3 JUL 0 2003 TOWN OF LOS GATOS OFFICE OF TOWN CLERK J RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sincerely 4L.Z Los GAT., ZLV':., ).cis G-A T oS , Clot (address) • :y • July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sinc (address) 07/30/2003 05:28 4083586435 PAGE 01 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance Dear Mayor Decker and Councilmembers: As a homeowner in Los Gatos. I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted. 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing B.MP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units i.s a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further. the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance, With tight budgets and tough economic times. the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, 1 respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed. Sandy Decker (Calendar Only) - Rent Control in Los Gatos AUG 0 4 2003 From: "Williams, Connie" <Connie.Williams@cbnorcal.com> To:"'sdecker@town.los-gatos.ca.us"' <sdecker@town.los-gatos.ca.us>, MAYOR& TOWNCOUNCll. "'sglickman@town.los-gatos.ca.us"' <sglickman@town.los-gatos.ca.us>, "'dmcnutt@town.los-gatos.ca.us' <dmcnutt@town.los-gatos.ca.us>, "'jpirzynski@town.los-gatos.ca.us"' <jpirzynski@town.los-gatos.ca.us>, "'mwasserman@town.los-gatos.ca.us"' <mwasserman @town. los-gatos. ca. us> Date: Mon, Aug 4, 2003 1:12 PM Subject: Rent Control in Los Gatos Dear Los Gatos Town Council: As a REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Connie Williams Realtor Coldwell Banker Los Gatos, CA Direct: 408-399-1037 Email: <mailto:riwanaga@cbnorcal.com> connie.williams@cbnorcal.com REALIZING DREAMS ... TOGETHER Los Gatos Coldwell Banker CC: "'ncardenas@silvar.org- <ncardenas@silvar.org> Sandy Decker (Calendar Only) - Los Gatos Rent Control for Granny Flats - OPPOSE `,ali.[=� RECEI d AUG 0 4 2003 From: "Rus LeBlanc" <rus.leblanc@verizon.net> YOR&TOWN COUNCIL To:<mwasserman@town.los-gatos.ca.us>,<jpirzynski@town.los-gatos.ca"1.15 , <dmcnutt@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <sdecker@town.los-gatos.ca.us> Date: Mon, Aug 4, 2003 1:18 PM Subject: Los Gatos Rent Control for Granny Flats - OPPOSE Subject: Los Gatos Rent Control for Granny Flats - OPPOSE Dear Los Gatos Town Council: As a homeowner, long time resident, and REALTOR(r) who does business in Los Gatos, I am writing to ask that Section 29.10.320 of the Secondary Unit Ordinance, which establishes deed restrictions and rent control on new secondary units, be stricken from the ordinance. Putting restrictions and burdensome reporting requirements on owners of secondary units (also known as granny flats) is a disincentive to build or seek amnesty for such units. I respectfully ask that you remove this provision from the ordinance and work with REALTORS(r) and homeowners on an alternative. Sincerely: Rus LeBlanc Realtor, Le Blanc Investments Los Gatos, CA CC: "Cc:" <ncardenas@silvar.org> Page 1 of 1 Patsy Garcia - Council Agenda Items From: "Linda Asbury" <Linda@sanmateoca.org> To: <manager@town.los-gatos.ca.us> Date: 8/4/2003 2:17 PM Subject: Council Agenda Items Mayor Decker and Council Members: I feel strongly about two agenda items for the council meeting tonight. I will be there if possible, but please take a moment to read my comments. Those of you who know me, know that I spend a great deal of time at Council meetings and seldom am I home in time for the Los Gatos Council meetings. #1 - the Solar Panels - I drove around on Sunday to see how the panels would be an eyesore or a blight...they are not. You have to really know where to look and want to find them; otherwise they are appear to be just a part of a building, especially in an industrial area. This company is doing the environmentally right thing, for the right reasons. Should they pick up even one customer from the panels being seen, to me that isn't a bad thing. He is promoting solar energy and he is a business in Los Gatos. I read the article on the front page of the Mercury News and was surprised that we (the town) are making such an issue of these solar panels. Please allow the solar panels to remain without any additional changes, fencing etc. to the company. #2- Granny Units - planned secondary units - I've been involved for years in the issue of creating and maintaining affordable housing stock in our communities and commend your efforts in Los Gatos to stay focused on this issue. However, I feel to place the burden of a rent control on newly developed units secondfary units will prohibit development of much needed housing. This is also an unfair burden to owners of existing secondary units who may have to lower their current rental rates to compete with the lower pricing of any new development. Many depend on the income they receive from their units. If I were there in person, I would ask that the ordinance you are considering tonight be removed. Thanks! Linda Asbury 230 University Ave. Los Gatos, CA 95030 408.395.1987 file://C:1Documents%20and%20Settingslpgarcia\Local%20SettinvslTemo\GW100001 _HTivi R/4/70ft FROM : COHEN CORPORATE HEADOUAPTERS PHONE NO. : 4088677746 Aug. 04 2003 10:27AM P1 July 30, 2003 Mayor Sandy Decker and the Los Gatos Town Council 110 East Main Street Los Gatos, CA 95031 RE: Second Reading on Second Unit Rent Control Ordinance VIA FACSIMILE: 408-354-8431 Dear Mayor Decker and Councilmembers: RECEIVED AUG 0 4 2003 MAYOR & TOWN COUNCIL As a REALTOR® in Los Gatos, I am writing to ask that the Town Council remove Section 29.10.320, which establishes deed restrictions and rent control on new secondary units, be stricken from the proposed secondary unit ordinance. I believe this provision is counterproductive to the goal of providing more secondary units. The rent control provision unfairly burdens individual homeowners. If the rent control provision is adopted, 100 percent of new secondary units would be required to rent at BMP rates. Interestingly then, while other developments can offset the cost of providing BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Putting restrictions and burdensome reporting requirements on owners of such units is a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units. This goes against the stated purpose of the proposed ordinance, namely the production of secondary units. Further, the Costa -Hawkins Rental Housing Act preempts the Town from adopting the rent control provision of the ordinance. The Town may be subjecting itself to a long, costly legal battle to defend a questionable ordinance. With tight budgets and tough economic times, the Town Council should not waste the Town's time and money on an ordinance that may not be legal to begin with. For these reasons, I respectfully request that the rent control provisions of the proposed secondary unit ordinance be removed_ Sincerely Mary E. Cohen Realtor 634 N. Santa Cruz Avenue, Suite 103 Los Gatos, CA 95030 Town Council Minutes August 4, 2003 Redevelopment Agency Los Gatos, California HUMAN NEEDS ASSESSMENT SURVEY/REPORT CONT. Josh Williams of Godbe Research & Analysis, spoke of the concerns raised by the survey. He offered the research methodology for Council's information and identified the mix of community needs. He noted that primary needs identified for seniors were in home services and dependable transportation. Regina Falkner pointed out that attached to the report are suggestions for next steps: a couple being in the area of youth; two in the area of senior needs; and two in the case of day care. She suggested meeting with the non -profits and agency providers to discuss what next steps might be practical to address these needs of our residents and to augment the services that already exit or that are currently coming on line. She noted that there are many services now offered that could be coordinated and that information could be made more readily available to our residents. Ray Davis spoke concerning the lack of public safety for students being identified and studied in this report and that of the large traffic concerns for the Town not being questioned in the survey, nor were the departments of Parks and Recreation, and Police mentioned. Ms McNutt noted that these types of questions are identified in the citizen satisfaction survey planned for later this year. Motion by Mr. Glickman, seconded by Ms McNutt, to accept the report on the Human Needs Assessment Survey and the next steps attachment. Carried unanimously. SECOND DWELLING UNIT ORDINANCE/PUBLIC HEARING (25A & B.38) Mayor Decker stated that this was the time and place duly noted to consider: A) adopting ordinance amending the Town Code Division 7, Sections 29.10.305 through 29.10.320, Section 29.10.320 and Section 29.20.185(8)a, regarding Second Dwelling Units (Introduced on 6/16/03); and B) adopting resolution adopting revised Below Market Price Housing Program Guidlines. The following people from the audience addressed this item: Linda Iversen, does not oppose low income housing but does oppose controlled rent on these new second dwelling units. Natalie Cardenas, representing Silicon Valley & Santa Clara County Association of Realtors and the Non Profit Trade Association for the realtor community in Los Gatos, asked that Section 29.10.320, A & B be removed from the proposed ordinance. These address rent control and deed restrictions and are subject to challenge she claimed. Bob Hines, representing Tri-County Apartment Association, noted that he supported the ordinance but opposed the BMP provisions. He asked that there be no price caps on new construction. Gary Hill, long time resident and owner of secondary units spoke against price control feeling that it discourages investing in building new units. No one else from the audience addressed this item. Motion by Mr. Pirzynski, seconded by Mr. Glickman, to continue this item in order to review the issues that have been raised over the last few weeks concerning Sections 29.10.320 A & B of the proposed ordinance. Carried unanimously. MEETING PAST 11:30 P.M. Mayor Decker moved that the meeting proceed past 11:30 p.m. Seconded by Mr. Glickman. Carried by a vote of 4 ayes. Ms McNutt abstained. N:1CIk\Manan's Files\Draft Minutes\MM080403 9 PROOF OF PIIBLI' TION (2015.5 L_....P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: I certif' (or declare) under penalty of perjury that the foregoing is true and correct. Dated: i--ad'z--- at San Jose, alifornia Kathy Wrightson '- ''ng Stamp rgOOF OF PUBLICATION //7( AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE, CHAPTER 29, DMSION 7, SECTION 29.10.305 THROUGH 29.10.320, 29.10.320 AND SECTION 29.20.185 (8)a, TO REVISE THE SECOND DWELIJNG UM' ORDI- NANCE (SUMMARIZED) On June 16, 2003, the Town Council introduced an ordinance amending the Town Code, Chapter 29 Division 1.. to revise the Second Dwelling Unit Ordinance in order to comply with Assembly Bill 1866. AB 1866 requires local governments to use a ministerial process after July 1, 2003 when taking action on sec- ond unit requests. AB 1866 also prohibits the holding of publk hearings on these applications. The revised ordinance establishes standards for objective review of second units in residential zones. Attest: /s/ Marian V. Cosgrove, Town Clerk (Pub LG 6/25/03) rnuur ur ry 1%. iuiv (2015.5 C.t...I'.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. 1 am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95032, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: I ceriti#y (or declare) under penalty of perjury that the foregoing is true and correct. Dated: Uhkx_.6o�� at San Jose,- California Kathy Wrihtson r .8 �ranip Pn.,OF OF PUBLICATION TOWN OF LOS GATOS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the TOWN COUNCIL of the Town of Los Gatos has scheduled a public hearing for Monday, June 16, 2003 at 7:00 p.m. inthe Council Chambers, Civic Center, 110 East Main Street, Los Gatos,to: (1) Consider amending the Town Code to update the Tree Protection Ordinance. It has been determined that this project could not have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). Zoning Code Amendment A-03-1 APPLICANT: Town of Los Gatos (2) Consider amending the Town Code to update the Second Dwelling Unit Ordinance. It has been determined that this project could not have a significant impact on the environment, therefore, the project is not subject to the Califomia Environmental Quality Act (Section 15061 (b)(3)). Zoning Code Amendment A-03-2 APPLICANT: Town of Los Gatos - If anyone wishes to challenge this matter in court, they may be limit- ed to raising only those issues they or anyone else raised in the pub- lic hearing described in this notice, or in written correspondence deliv- ered to the Town Clerk at, or prior to, the public hearing. A complete record concerning this matter is on file for public inspec- tion in the Office of the Town Clerk at 110 East Main Street, Los Gatos. INTERESTED PERSONS are encouraged to appear and be heard at thispublic hearing. TOWN OF LOS GATOS /s/ Marian V. Cosgrove, Town Clerk/ (Pub LG 6/4/03) Sandy Decker (Calendar Only) - Fwd: Ac..nda Item #27, 2nd Unit Ordinance Page 1 From: Sandy Decker (Calendar Only) To: SandyDeckerinLG@aol.com Subject: Fwd: Agenda Item #27, 2nd Unit Ordinance Sandy, for your attention. This letter came in late yesterday afternoon. CC: Debra Figone Sandy Decker (Calendar Only) - Agenda Item #27, 2nd Unit Ordinance From: "Natalie Cardenas" <ncardenas@siliconvalley-realtors.org> To: <sdecker@town.los-gatos.ca.us> Date: Mon, Jun 16, 2003 4:29 PM Subject: Agenda Item #27, 2nd Unit Ordinance Dear Mayor Decker: Attached, please find my letter regarding the proposed amendments to the secondary unit ordinance. A copy of the letter is also included at the bottom of this email. «Letter re. 2nd Unit Rent Control, June 2003.doc» Natalie Cardenas Government Affairs Director Silicon Valley Association of REALTORS® ncardenas@silvar.org Direct: 650-949-9120 Main: 650-949-9115 Fax: 650-948-6716 www.silvar.org Hon. Sandy Decker Mayor, Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 Re: Agenda Item 27, Second Unit Ordinance Dear Mayor Decker: On behalf of the Silicon Valley Association of REALTORS® (SILVAR), I would like to commend the Town of Los Gatos for their efforts to liberalize the requirements for existing and planned secondary units in order to comply with State Law AB 1866 and increase the affordable housing stock within the community. However, we believe Section 29.10.320, which establishes deed restrictions and rent control, to be counterproductive to the goal of providing more secondary units and ask that it be stricken from the proposed ordinance. In fact, these restrictions may serve as a disincentive to the creation of more secondary units. We are concerned that the establishment of rent control on secondary units may be illegal under the State Costa -Hawkins Rental Housing Act, which bans rent control on single-family residential units (R1) and new construction. A case involving a similar ordinance in the City of Santa Cruz is on appeal with the State Supreme Court and very likely to be overturned. (Travis et al. v. City of Santa Cruz et al. 100 Cal. App. 4th 609 (2002) Under the Town's existing Below Market Price program, between 10 and 20 percent of all new development is required to be offered at BMP rates. If the proposed amendment is adopted, 100 percent of secondary units would be required to rented at BMP rates. Further, while other developments can offset the cost of providing the BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Finally, it is unclear how long the Town would deed restrict the secondary units and how the Town would enforce the rent control requirements. Again, SILVAR applauds the Town for its effort to promote affordable secondary units in Los Gatos. We look forward to working with the Town Council and staff to find alternatives to rent control to achieve this Sandy Decker (Calendar Only) - Agenda Item #27, 2nd Unit Ordinance Page 2 laudable goal. I look forward to working with you on this issue. Sincerely, Natalie Cardenas Government Affairs Director cc: Los Gatos Town Council Bud Lortz, Director of Community Development CC: <blortz@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town.Ios-gatos.ca.us>,<jpirzynski@town.los-gatos.ca.us>, <mwasserman@town. los-gatos. ca. us> Sandy Decker (Calendar Only) - Letter rp 2nd Unit Rent Control, June 2003.doc Page 1 SILICON VALLEY ASSOCIATION OF REALTORS( 345 S. San Antonio Road Los Altos, CA 94022 650-949-9115, 650-948-6716 fax June 16, 2003 Hon. Sandy Decker Mayor, Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 Re: Agenda Item 27, Second Unit Ordinance Dear Mayor Decker: On behalf of the Silicon Valley Association of REALTORS® (SILVAR), I would like to commend the Town of Los Gatos for their efforts to liberalize the requirements for existing and planned secondary units in order to comply with State Law AB 1866 and increase the affordable housing stock within the community. However, we believe Section 29.10.320, which establishes deed restrictions and rent control, to be counterproductive to the goal of providing more secondary units and ask that it be stricken from the proposed ordinance. In fact, these restrictions may serve as a disincentive to the creation of more secondary units. We are concerned that the establishment of rent control on secondary units may be illegal under the State Costa -Hawkins Rental Housing Act, which bans rent control on single- family residential units (RI) and new construction. A case involving a similar ordinance in the City of Santa Cruz is on appeal with the State Supreme Court and very likely to be overturned. (Travis et al. v. City of Santa Cruz et al. 100 Cal. App. 4th 609 (2002) Under the Town's existing Below Market Price program, between 10 and 20 percent of all new development is required to be offered at BMP rates. If the proposed amendment is adopted, 100 percent of secondary units would be required to rented at BMP rates. Further, while other developments can offset the cost of providing the BMP housing by charging a higher market rate, the entire burden of providing BMP secondary units would be assumed by an individual homeowner with no mechanism to offset the cost. Finally, it Sandy Decker (Calendar Only) - Letter rr- 2nd Unit Rent Control, June 2003.doc Page 2 is unclear how long the Town would deed restrict the secondary units and how the Town would enforce the rent control requirements. Again, SILVAR applauds the Town for its effort to promote affordable secondary units in Los Gatos. We look forward to working with the Town Council and staff to find alternatives to rent control to achieve this laudable goal. I look forward to working with you on this issue. Sincerely, Natalie Cardenas Government Affairs Director cc: Los Gatos Town Council Bud Lortz, Director of Community Development Page 1 of 2 Sandy Decker (Calendar Only) - Agenda Item 27, Second Units From: "Jeffrey Dennison" <jeffreyd@tcaa.org> To: <sdecker@town.los-gatos.ca.us>,<sglickman@town.los-gatos.ca.us>, <dmcnutt@town.los- gatos.ca.us>, <jpirzynski@town.los-gatos.ca.us>,<mwasserman@town.los-gatos.ca.us> Date: 6/16/2003 3:35 PM Subject: Agenda Item 27, Second Units Dear Mayor and Councilmembers: Please see the attached and pasted letter on Second Units for tonight's agenda, item 27. June 16, 2003 Mayor Sandy Decker 120 E. Main St. P.O. Box 949 Los Gatos, CA 95031 Re: Agenda Item 27, Second Unit Ordinance Dear Mayor Decker and Councilmembers: Tri-County Apartment Association (TCAA) TCAA is extremely supportive of the Town's efforts to update their the Second Unit Ordinance by complying with state bill AB 1866 in order to produce more affordable housing. We feel that increasing the number of second units can have a positive impact on the Town of Los Gatos, both for renters and homeowners. However, we have some concerns regarding the inclusion of rent control as one of the amendments to the Second Unit Ordinance. By way of reference, TCAA is the non-profit trade association serving the rental housing industry in Santa Clara, San Mateo, and Santa Cruz Counties. Our members own, manage and develop multi -family housing. We are proud to join others in the community in advocating for the construction of more affordable housing. TCAA contributed $50,000 to the Santa Clara County Housing Trust. Our members also contributed several hundreds of thousands of dollars to the Housing Trust. TCAA representatives have testified at city council meetings throughout the Bay area in support of affordable housing projects. We are concerned that imposing a rent control cap, as outlined in section 29.10.320 Section (a), would be a huge disincentive to construct any second units in Los Gatos. Rent control would encourage owners to charge the maximum allowable rent instead of the lower market rents of today, thus artificially inflating rents. Additionally, this policy could be illegal under the State Costa -Hawkins Rental Housing Act, which bars rent control for single family residential units (R-1). A case involving a similar ordinance in the City of Santa Cruz is on appeal with the State Supreme Court and very likely to be overturned. (Travis et al. v. City of Santa Cruz et al. 100 Cal. App. 4th 609 (2002) file ://C:1Documents%20and%20Settings\pgarcia\Local%20Settings\Temp \GW}00002.HTM 6/17/2003 Page 2 of 2 Further, we feel that putting restrictions and burdensome reporting requirements on owners of such units is also a disincentive to build or seek amnesty for second units. Requiring owners to rent to tenants at only a below market rate is a disincentive to build and rent second units, as is the purpose of AB 1866, the production of secondary units. Lastly, the Planning Commission's recommendation to limit the rent levels but allow the owner to rent to whomever they choose is contradictory and should be stricken completely. TCAA applauds the Town of Los Gatos for their forward thinking on this issue. TCAA believes the intent of this ordinance is to produce more units, which would not be done with onerous rent control restrictions. We look forward to a positive dialogue with the Town on this issue. Sincerely, Jeffrey M. Dennison Government Relations Manager «Los Gatos Second Units.doc» Jeffrey M. Dennison Government Relations Manager Tri-County Apartment Association 792 Meridian Way, Suite A San Jose, CA 95126 (408) 297-0483 X320 (408) 947-0819 FAX www.tcaa.org file://C:\Documents%20and%20Settings\pgarcia\Local%20Settings\Temp\GW } 00002.HTM 6/17/2003