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hirAi CITY OF PLEASANTON LAW OFFICES APR 0 1 2009 GILCHRIST 8z RUTTER PROFESSIONAL CORPORATION CITY ATTORNEY WILSHIRE PALISADES BUILDING TELEPHONE (310) 393 -4000 1299 OCEAN AVENUE, SUITE 900 FACSIMILE (310) 394 -4700 SANTA MONICA. CALIFORNIA 90401 -1000 E -MAIL: rclosa ®9ilchristruttar.com March 31, 2009 VIA FEDERAL. EXPRESS Mayor Jennifer Hosterman Vice Mayor Cheryl Cook Kallio Councilmember Cindy McGovem Councilmember Matt Sullivan Councilmember Jerry Thome City Council of Pleasanton City of Pleasanton, City Hall 200 Old Bernal Avenue Pleasanton, California 94566 Re: PMCC -2 Mobile Home Park Conversion to Resident Ownership for 3263 Vineyard Avenue: Dear Mayor Hosterman, Vice Mayor Cook Kallio, and Councilmembers McGovem, Sullivan, and Thorne: On April 7, 2009 you will be considering the approval of the conversion/subdivision of Vineyard Mobile Villas to convert the Park from a rental park to a resident -owned park pursuant to the Subdivision Map Act, Government Code section 66427.5 (the "Conversion Although not given as a ground for denial, some Commissioners were concerned that no one is able to determine at this time at what prices the lots will be offered for sale, in part because the Park Owners have guaranteed that the Conversion will not occur for at least ten years. Because the Park Owners have agreed not to sell lots for ten years after City approval of the subdivision, such an appraisal today would be useless conjecture. Furthermore, the City has no legal role in evaluating the price of the units. As the Court of Appeal stated in El Dorado, "section 66427.5 does not require disclosure of the tentative price, or the proposed rental prices, at the time of the filing of the tentative map application." Accordingly, the unknowable nature of the price that lots will be offered at also cannot be adequate grounds for denial of the Conversion. That being said, it is important that you consider the fact that the State of California supports such conversions of parks to resident ownership. One way that they encourage the success of these conversions is through a state funded financing program called the Mobilehome Park Resident Ownership Program (MPROP). This program exists solely to provide low income residents the opportunity to own their land and to secure and maintain affordable housing through the conversion of existing rental mobilehome parks to resident owned parks. ATTACHMENT 2--