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ATTACHMENT 7 PMCC -2, Vineyard Villa Application for a Vesting Tentative Map converting a 208 -unit mobile home park located at 3263 Vineyard Avenue into residential condominium units. Zoning for the property is C -F (Freeway Interchange Commercial) District. Mr. Dolan presented the staff report and described the background, scope and key elements of the proposal. Commissioner Fox referred to the second paragraph of the survey cover letter, dated March 17, 2008, which addresses provisions for loan assistance. She noted that there was no mention made that if the lot is converted, the rent control stabilization agreement would no longer be effective after four years for those residents who are above a certain income level. She inquired whether this was a bona fide survey and whether the respondents to the survey could validly choose to say "yes" or "no" based upon what they were told. She further inquired whether the cover letter was leading and how unbiased it was. Mr. Roush replied that he was not aware of any particular case law or statutory guidance regarding what must be included in a cover letter. He stated that there will always be a certain amount of discretion on the part of the parties who prepare the letter, and one should look at the entire document to determine whether adequate information is available to allow the residents to make a reasonable judgment about whether or not they can answer the question. He added that he believed the survey was adequate; however, certain information could have been added to clarify certain things. He noted that there have been all -park meetings where the owner's representative had provided information to the residents in attendance; information was also mailed to all the residents. Commissioner Fox stated that it was her perception that it would not be reasonable or common knowledge that when a mobile home park is converted to condominiums, rent stabilization agreements are voided; State law would take over, and after four years, renters would be under a market -rate rental situation. Commissioner Fox noted that many survey respondents were undecided, and comments on the survey indicated that some respondents were concerned about letters they had received. She stated that some were concerned because they had no idea about what the purchase price would be. She questioned whether, as a bona fide survey, there should have been an "undecided" option. Mr. Roush replied that in fairness to the applicant, the applicant's representative did share the survey with City staff as well as a resident committee who worked on the rent stabilization agreement and there was give- and -take with respect to what was contained in the survey as well as its phrasing. He stated that the group concluded that it was fine to include the "undecided" question and that the owner did not mandate that it be included. EXCERPTS: PLANNING COMMISSION MINUTES, February 25, 2009 Page 1 of 19