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13 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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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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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/18/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
13
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Councilmember Sullivan noted that the Tenant Impact Report is detailed, it spells out things that will <br /> change, but the Council does not have all the information provided to the residents. <br /> Mr. Roush agreed that residents did not have the Tenant Impact Report prior to the time they were <br /> asked to complete the survey. <br /> Councilmember McGovern visited the mobile home park and spoke with a dozen residents <br /> regarding their concerns. She said her concern is whether the survey was bona fide. Many people <br /> she spoke with discussed a loss in property values due to the economic downturn, their loss in <br /> pensions, loss in fixed incomes, and she questioned whether or not the application took into <br /> consideration the economic downturn and what effect that has on those residing in the Park. <br /> Mr. Roush agreed the economic downturn was felt dramatically in September and October of 2008 <br /> which was several months after the survey was done. <br /> Councilmember McGovern said there are many residents who did not vote and she wondered if <br /> they did not because they did not have adequate information or did not understand what was <br /> happening. She asked if some cities send a housing official to talk with residents to assist in their <br /> understanding of the conversion process. <br /> Mr. Roush said he was unaware of whether cities have provided such a service as meeting with <br /> residents. He said that did not occur in this instance, other than general information being provided <br /> regarding the conversion. <br /> Mr. Dolan said staff attended meetings, but did not go door -to -door. He agreed there could be <br /> additional outreach. <br /> Councilmember McGovern voiced concern about the mobile home park resident ownership loan <br /> program as the State is in dire straits. <br /> Mayor Hosterman asked about the City's legal authority to declare a moratorium. <br /> Mr. Roush said the legal issue is to what extent the Council has discretion to either conditionally <br /> approve or deny the application based upon the current state of the law. Staff's reading of the law <br /> suggests that the Council's discretion is limited. Therefore, imposing a moratorium is questionable <br /> because there is not the authority to impose regulations following the moratorium. If, in fact, the <br /> Council does not have discretion to do that, imposing a moratorium serves no purpose. On the <br /> other hand, some cities have concluded they have discretion to impose reasonable conditions on <br /> conversions or to deny them if they find there is no bona fide survey that shows majority support. If <br /> the Council concludes this is the route they choose to take, imposing a moratorium makes more <br /> sense. <br /> Mayor Hosterman referred to the case pending in Sonoma County. <br /> Mr. Roush said the City of Sonoma adopted an ordinance which said if the survey turned in by the <br /> park owners showed less than 20% support, then the Council did not find sufficient support and <br /> would deny the application. If support was between 20% and 50 then the applicant would be <br /> required to submit a business plan showing how lots would be marketed and sold so that the Board <br /> would be satisfied it would not be a sham conversion to avoid rent control, and that the park owner <br /> had intent to sell the subdivided lots. If the survey showed a 50% or more support, the Council <br /> would find there was majority support which would factor into their decision- making process. He <br /> said there were other conditions in the ordinance but this was the most operative piece. The park <br /> owner challenged the ordinance on its face, took it to court, and the trial court upheld the validity of <br />
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