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the ordinance. The park owner has appealed that decision to the Court of Appeal; all legal briefs <br /> have been filed including the fact that the League of California Cities has filed an Amicus Brief in <br /> support of the County. It will be some time before a decision is rendered and he does not know <br /> whether the opinion will be published or whether it will be favorable or not to the County. <br /> Mayor Hosterman said if Council chose, it could direct staff to join in an Amicus Brief on the case. <br /> Mr. Roush said practically, this has been done in that the League has already filed an amicus brief <br /> and cities are represented in that effort. <br /> Mayor Hosterman opened the public hearing. <br /> Richard Close, Attorney, Gilchrist and Rutter, introduced Suzie Forbath of the firm, and explained <br /> his understanding of the background on the section of the Subdivision Map Act that is at issue here. <br /> It was enacted by the legislature in the mid -80's because mobile home residents were coming to <br /> legislators saying they want to buy their spaces and own them. As residents, they have invested <br /> money into a home that is treated like a car or boat by lenders. He said people were paying 12% to <br /> 14% interest for loans and the legislature realized that resident groups cannot raise money <br /> necessary to purchase a park. Therefore, the legislature came up with a program which encourages <br /> park owners to subdivide and sell spaces to those who want to buy their spaces and protects those <br /> who want to continue renting. Therefore, there were built in incentives and protections. <br /> Under State law, once a park is subdivided, residents have an opportunity to buy or continue to <br /> rent. If they continue to rent and are low income, their rents stay no more than the CPI increases <br /> per year forever. For non -low income residents, the State law provides rents would go to market <br /> over a 5 year period. <br /> He and the park owner have been working with City staff and the owner has agreed, if the <br /> application is approved tonight, to extend the protection of the rent stabilization agreement until <br /> 2025. Therefore, every current resident in the park until 2025 would get the benefit of the rent <br /> stabilization agreement regardless if they are low income or not. And, residents can also take <br /> advantage of the State rent control provisions if it would generate less rental increases for them. He <br /> said the State rent protection provisions are the best protection of any available in the State. <br /> General benefits of ownership are ownership of the land which appreciates in value over time, and <br /> being able to control the outcome and decisions concerning the Park. Over time, the Park will be <br /> resident controlled who can make decisions as to how monies are spent. The homeowner <br /> association is under the Davis Sterling Act, which states there will be a minimum of two lot owners <br /> on the Board and the remaining seats will be determined by the number of homes sold. <br /> A question that arose referred to the loan program which has nothing to do with the State budget, <br /> as it is funded by fees paid each year by mobile home residents to the State. Plus, as loans are <br /> paid off by residents, the funds go into a pool. In fact, he said last year there was $8 million which <br /> the State was not able to lend out. Loans are at 3% interest and payable over 30 years. And, if a <br /> resident's income is too low, the State will allow the payments to accrue. In some parks, the buyers <br /> of the lot actually end up paying less per month than if they were a renter. <br /> Suzie Forbath, with Gilchrist and Rutter, said the issue involves seniors, and thinks what they are <br /> presenting will provide assurances that people do not have now, i.e., that the park will always <br /> remain a mobile home park. Rent stabilization is not fixed, as the agreement in place only goes to <br /> 2017, although the owner has offered to extend this to 2025. Ownership provides stability for those <br /> who want ownership, and the law provides a choice for residents based upon their individual needs. <br /> She said the survey is taken at the beginning of the process, and she agreed the issue is complex. <br /> They worked hard to provide as much information to residents as possible, but the fear of change <br />