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13 Desk Item - 347 Massol Avenueowa of !ps • GA~9g COUNCIL AGENDA REPORT DATE: August 18, 2008 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY MEETING DATE: 8118108 ITEM NO: DESK ITEM SUBJECT: ADOPT PLANNED DEVELOPMENT ORDINANCE MAKING A ZONE CHANGE FROM RM:5-12 TO RM:12-20:PD FOR A FIFTY-SIX LOT RESIDENTIAL SUBDIVISION TO CONVERT THE EXISTING APARTMENTS TO CONDOMINIUMS AT 347 MASSOL AVENUE (APN 510-14-004) (BAY TREE APPARTMENTS) REMARKS : The attached information (Attachments 9-11) was received after the report on this matter was finalized. Attacbments: 1-8. Previously Submitted 9. Resident Assistance Analysis submitted by applicant (2 pages), received August 15, 2008 10. Letter f Tom residents (4 Pages), received August 18, 2008 11. E-mail from resident, received August 18, 2008 PREPARED BY t Y P. KORB BUD N. LORTZ WN ATTORNEY COMMUNITY DEVELOPMENT DIRT C1'OR N:IDrV1CNCLRPT512 0 0 813 47 Mass ol 2Desk. doc Reviewed b)- -own Manager Clerk Administrator Finance Community Development Page I of 1 Patsy Garcia - Supplemental information for Monday Council Meeting re. Bay Tree - Item #13 From: Bud Lortz To: Barbara Spector; Diane McNutt; Joe Pirzynski; Mike Wasserman; Steve Glickman Date: 8/15/2008 3:52 PM Subject: Supplemental information for Monday Council Meeting re. Bay Tree - Item #13 CC: Greg Larson; Jackie Rose; Marilyn Cosden; Orry Korb; Patsy Garcia Attachments: Bay Tree Resident Assistance Local Analysis.pdf Dear Mayor and Council Members: Per Council request, attached is supplemental information for the Bay Tree Item scheduled for Monday night (Item #13). Greg Larson approved that I may send this directly to Council. This information is from Lyon and provides background about other city's housing assistance requirements for Condominium Conversion Projects. If you have any questions, please contact me or Greg. Have a great weekend! Sincerely, Bud Lortz Bud N. Lortz, AICP Director of Community Development Town of Los Gatos blortz@losgatosca.gov (408) 354-6867 (General note for your information: All Town of Los Gatos staff have new email addresses. All Town email addresses ending with "@town.los-gatos.ca.us" will now end with "@losgatosca.gov", my new email address is as listed in the "from" field of this email.) Attachment 9 file:HC:1Docurnents and Settingslpgarcia.1,0 SGATOSCA1Local Settings\TemplXPgrpwise148A' Lyon Assistance Program Review and Local Comparison Pursuant to California Government Code Section 66427. 1, conversion of residential rental property to a condominium project must provide, at minimum, certain protections for current tenants. Jurisdictions may choose to require additional actions or programs of the owner/developer. Table 1, attached, compares the following actions/programs proposed in the Lyon Assistance Program with those required by other cities in Santa Clara County: • Monetary Relocation Assistance • Additional Hardship Assistance (for specific populations) + Homeownership Assistance, and + Terms for Vacation of Units. The cities researched in this comparison include Sunnyvale, Gilroy, Cupertino, Campbell, Mountain View, Saratoga, Los Altos, Palo Alto, Santa Clara and Milpitas. Our research finds the following: • Generally speaking, the Lyon Assistance Program provides tenant assistance above and beyond the programs required by surrounding cities. • Many of the surrounding cities do not have specific local requirements related to tenant protection and relocation in conjunction with condominium conversions. It is assumed that tenants will be provided the minimum protections required by State law. • The Lyon Assistance Program provides monetary relocation assistance for all tenants. The cities researched generally do not require monetary relocation assistance. • Of the 10 cities compared, two require additional hardship assistance in the form of a lease extension or lifetime leases to specific populations. The Lyon Assistance Program provides for similar lifetime leases for qualified senior households. In addition, the Lyon Assistance Program provides for monetary assistance for low-income tenants or tenants with disabilities on top of the standard relocation assistance. • Generally, the other jurisdictions do not require the owner/developer provide homeownership assistance. The Lyon Assistance Program provides a 5 percent discount on purchase price as well as other favorable purchase terms, which could increase the effective discount by 2-5 percent. • Terms for vacation of units vary by jurisdiction. State law requires tenants be given a minimum of 180 -days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Generally speaking, the cities included in this comparison require somewhere between the State minimum and one year before tenants must vacate the unit. The proposed Lyon Assistance Program allows elderly tenants to remain in their units until they voluntarily vacant. To: Los Gatos Town Council RECEIVED From: Carla de Mos and Bay Tree tenants listed on the following page AUG 18 2008 Subject: Objection to Lyon's Resident Assistance Program for the MAYOR TOWN COUNCIL Bay Tree Condominium Conversion Date: August 18, 2008 Dear Los Gatos Town Council, Lyon's intentions in regards to relocating the tenants of the Bay Tree apartment complex are inadequate. The following amendments, to be effective as of August 18, 2008 if the proposal for the Bay Tree to be converted into condominiums is accepted by the Los Gatos Town Council, would be considered fairer for the tenants: 1. Reduce the age of seniors in the proposal to include those aged 60 and older, regardless of move-in date. 2. No further increases in rent. In fact, due to the stress and inconvenience caused by the conversion, roll back the rent to the previous year amount. Lyon generally increases the rent by the maximum allowed 5% per 12 month period, hardly fair for people that are being forced out of their homes. 3. Remove the "pass through" cost that was added to the last rental increase. We have asked Lyon's Ron Cole for the pass through formula used to calculate the pass through increase to our rents. The formula is cryptic, see Attachment 41. What are we being charged for exactly? 4. Increase the distance for the moving assistance for low-income and disabled households to 30 miles The goal is to help people to find comparable apartments in Los Gatos but because Los Gatos only has an estimated 0.8% vacancy rate they may be unable to find something within the 10 mile limit. 5. General Relocation tenants: increase the compensation to $3000.00. The availability study showed that comparable apartments rents are at a premium and most of us will probably have to look outside of our beloved Los Gatos. 6. For those tenants who will be inconvenienced even further due to renovations, especially due to the extensive exterior renovations planned for the front of the complex: a. No increase in rent b. If necessary due to construction noise/inconvenience, tenant may choose to move at Lyon's expense into another unit at the Bay Tree or elsewhere c. Make sure that construction times are limited to within the hours of 8-5 d. No work on weekends or holidays. 7. Offer long term leases to tenants which have lived at the Bay Tree before October 27, 2005. 8. Rental protection for those brave enough to stand up against "The Lyon" We are all strongly opposed to Lyon's plan to convert the Bay Tree apartments into condominiums. Sincerely, The Bay Tree tenants listed on the following page. Attachment 10 1 Z e0bjection to Lyon's Resident Assistance Program for the Bay Tree Apartment Condo Conversion Apt. # Name Signature ZO 71 e-i- d e or ~Lwd~ f V4-A 016A) ~ y> le "e G fti Ru c. ~ . ~c~ 2 l U L L FIZ~ r Page 2/-* Attachment #1 Lyon's answer to the Bay Tree Tenants ' question regarding the reason for the Pass through Increase added to the Rent Bay Tree resident meeting follow up - Inbox - Yahoo! Mail Page 1 of 1 Bay Tree resident meeting follow up From, "Ron Cole" <roncole@Lyon1,com> Wednesday, August 6, 2008 1:32 PM To. "Barbara and Mike Suglian° <mbm@tdl.com>, "Cindy Cloud" <cacloud@g mail. com>, "Jim and Nordy Raymond" <jraymond@rayso€t.com>, "Jim Cox" <jcox@95030> Town Desciption - Standards of Reasonableness for Rent Increases.pdf (472KB) Dear Bay Tree Residents: It was a pleasure meeting you all last night. It is always great meeting people face to face. As I committed yesterday, I am writing to follow up to cover the rent increase guidelines and more specifically the calculation for the pass thru amount. First, the Town's guidelines which are attached allow for: 1. The Town allows the greater of the two: an increase of 5% or 70% of the Consumer Price Index (CPI) ceiling available bi-monthly from the Bureau of Labor and Statistics for the San Francisco - Oakland area. - 2. A pass thru amount that is defined on the bottom of page one and top of page two. As for our specific calculation: Lyon follows the steps outlined by the Town of Los Gatos in calculating the monthly pass-through: 1. Operating Expenses (minimum 2 years of information, this includes payroll, utility, advertising and other related expenses): Compare most recent 12 months of expenses to the prior 12 months and determine increase. This is divided by 12 and then by the number of units at the property (56). 2. Capital Improvements (ie. -common area improvements, etc.): Most recent 12 months of expenses divided by 60 (5 yrs) and then the number of units at the property (56). 3. Debt Service o Compare most recent 12 months of expenses (Principal & Interest) to the prior 12 months and determine increase. 80% is the allowable pass-through as long as the LTVR (Loan to Value Ratio) is below 70%. This is divided by 60 (5 yrs) and then by the number of units at the property (56). Again, it was a pleasure meeting all of you. Please respond with any questions or feel free to contact me at the phone number below. Regards, Ron Ron W. Cole Lyon Capital Ventures Lyon Management Group Acquisitions Development Management 4901 Birch Street Newport Beach, CA 92660 949.838.1221 - ❑irect Phone 949.252.9202 - Fax roncole .1yon[.co>n - E-mail http:llus.mc570.mail.yahoo. comlmclshowMessage?fid=Inbox&sort=date&order=down&st... 8/16/2009 Conversion of 347 Massol Avenue Dear Mayor Spector, Town Council Members, and Town Staff, Page 1 of 1 Unfortunately I am not able to attend and speak at the meeting this evening. I have had the opportunity to share with some of you, but wanted to express my feelings about the conversion to all of you. When I was first approached by Lyon Management about the possibility of my apartment turning into a condo I was very excited. I have been living at 347 Masso] for four plus years. I have worked and volunteered my time in Los Gatos for over five years. I continue to support the conversion. As a single, professional, I would love to continue to live at 347 Massol, but now have the opportunity to buy real estate in Los Gatos. I understand that this is a first time opportunity for the Town to approve a conversion. I hope that others will be able to take advantage of this chance to live and own a condo in Town. We live and work in such a beautiful place. When you make your final decision I trust you will take my thoughts along with the many other residents that live at 347 Massol, to allow us the occasion to purchase real estate in the Town of Los Gatos. Thank you very much for your time and consideration. Sincerely, Mollie Drake ATTACHKMT 11 file://CADocutnents and Settingsljpaulson.LOSGATOSCA1Local SettingslTemplXPgrpw... 08/18/2008