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City of Pleasanton
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9/11/2009 9:22:47 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/15/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
01
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opportunity to purchase the land upon which their homes sit. This conversion would not require any <br /> physical change to the property, alter the senior status of the park, or affect the rents currently <br /> charged under the rent stabilization agreement until the first sale of the lots take place 10 years in <br /> the future. <br /> The Council first considered the request in May 2009, at which time it expressed concern that <br /> residents needed more information regarding the proposal and directed staff to work with the <br /> property owner to conduct additional outreach. Thereafter, staff arranged for two meetings with park <br /> residents, providing an opportunity for the residents to ask any questions not otherwise answered <br /> by a "Common Questions and Answers" document that had also been distributed to the residents. <br /> Following those meetings, residents were sent a survey asking for support or opposition of the <br /> conversion as well as an explanation as to why. The City received 139 responses to the 208 <br /> surveys sent out and the overwhelming majority were not in favor of conversion. The most common <br /> concerns expressed included lack of interest in purchasing a lot, inability to obtain a loan as a <br /> senior, and the potential for increased rents. <br /> Mr. Roush stated that staff continues to recommend the Council approve this application, reversing <br /> the decision of the Planning Commission, because of the uncertainty in the way the current state <br /> law reads. He said the owner has complied with what appears to be the letter of the law and there is <br /> support for that reading of the law in the only appellate decision rendered on the matter to date. He <br /> noted that approving this application would defer for 10 years the sale of any lots and that any <br /> existing residents will be able to remain in the park indefinitely and continue to pay the rent currently <br /> provided in the rent stabilization agreement. Upon the sale of the first lot, those residents qualifying <br /> as lower- income households would continue to pay regulated rent. <br /> Mr. Roush stated that the Council previously acted to support legislation that would strengthen local <br /> control over mobile home rent conversions and would also support other public entities' litigation <br /> efforts to exercise increased controls over such conversions. He reported that the legislation is still <br /> pending and should it pass, staff would recommend the Council bring forth an ordinance providing <br /> the ability to regulate these type conversions. <br /> Vice -Mayor Cook Kallio questioned where the item currently is in the legislature and when <br /> resolution was expected. <br /> Mr. Roush said it was last amended in late July but is still in committee. <br /> Councilmember Thorne questioned how monthly income is calculated in the determination of low <br /> income and if income such as IRA distributions is considered. <br /> Mr. Roush stated that any income generated from an asset, such as stock dividends or IRA <br /> distributions, is considered income. <br /> Councilmember McGovern requested the results of the latest survey sent to park residents. <br /> Mr. Roush said the City received 139 responses of the 208 surveys that were sent and of that, 118 <br /> were opposed to conversion. <br /> Vice -Mayor Cook Kallio questioned how market value would be determined for the lots that were <br /> not subject to low- income rent thresholds. <br /> City Council Minutes Page 4 of 11 August 18, 2009 <br />
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