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13 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2009
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081809
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13 ATTACHMENTS
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1/15/2010 2:02:26 PM
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8/13/2009 4:33:48 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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Councilmember Thorne questioned how renters would be represented on the homeowners <br /> association. <br /> Mr. Roush said, assuming the application is approved and ten years in the future the lots are sold, <br /> prior to their sale, the owner must go through a State Department of Real Estate process. As part of <br /> this process, the State performs an inspection of the premises and establishes what the reserves <br /> must be and what improvements need to be done prior to the lots being sold. As part of disclosure <br /> documents to a prospective purchaser, that person would have to be informed as to what <br /> homeowner association dues would be monthly, which would go toward maintaining infrastructure <br /> and other common area expenses. He said for a homeowners association, only owners would be <br /> on the Board. He did not believe tenants typically would have a voice on such a board. <br /> Councilmember Thorne noted that the applicant seems like he wants to have the application <br /> approved quickly and he questioned the reason. <br /> Mr. Roush assumed that the applicant would like to process this under the existing State laws which <br /> appear to favor the park owner. If there are changes in State law that might make it more difficult for <br /> the park owner to convert, and that might be a reason for getting it done sooner rather than later. <br /> Councilmember Thorne asked for an explanation of AB 566 and changes made to it. <br /> Mr. Roush noted that AB 566 is pending legislation in the State Assembly. It amends Section <br /> 66427.5 and in its current form it provides that the subdivider has obtain a survey demonstrating <br /> support of a majority of residents of the mobile home park for the proposed conversion, unlike the <br /> current law. <br /> Councilmember Thorne questioned if residents knew what they were voting for when the survey <br /> was sent out. <br /> Mr. Roush said there was information provided to residents by the park owner prior to the survey <br /> being distributed, and there was an all -park meeting of residents at which time information was <br /> distributed, but it is difficult to know how much information was fully understood. However, there <br /> were efforts made to inform residents about the conversion prior to the survey being sent. <br /> Councilmember Sullivan noted that the survey was sent out early March 2008 and they were <br /> received the end of March /first part of April 2008. Councilmember Sullivan also confirmed that the <br /> Tenant Impact Report was issued in January 2009 and after the survey was already taken. He <br /> questioned whether there was anything in the law that states the Report must be issued before the <br /> survey is taken so that people fully understand the impacts of the vote. <br /> Mr. Roush said the law is ambiguous regarding timing of the report and survey; it suggests the <br /> survey is to be submitted at the time the Tentative Map is submitted to the city. The Tenant Impact <br /> Report is to be provided prior to the hearing when the matter is considered by the City, so <br /> depending upon the timing, there could be considerable time in- between. <br /> Councilmember Sullivan questioned whether any additional information was provided by the <br /> applicant about impacts. <br /> Mr. Roush said he was aware letters had been sent to residents prior to the survey, but there were <br /> no minutes of the meeting. He did not see the letters, but he attended one of the meetings held <br /> prior to the survey being sent out. <br />
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