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MATTERS INITIATED BY COUNCIL Councilmember Sullivan said the City does a wonderful job of honoring its veterans as well as supporting the Chamber of Commerce and PDA, but fails in supporting certain other members of the community. He said Mr. Norman and Ms. Dowding have repeatedly asked the Council to take action on the wars in Iraq and Afghanistan, he believes the majority of Pleasanton residents would agree with them, and he asked for Council support to discuss the matter. Councilmember McGovern suggested that the Council end its meetings in honor and appreciation of those who serve us throughout the world, including those who have lost their lives. Mayor Hosterman said she would take that into consideration. Mayor Hosterman requested discussion on the reconsideration of Council's action regarding the Vineyard Villa Mobile Home Park conversion. Mr. Roush confirmed that a discussion would be appropriate, with Council support. If the Council would like to reconsider its decision, the matter would be re- noticed and brought back before the Council. Councilmember Sullivan requested an opinion summary. Mr. Roush stated that Sonoma County adopted an ordinance which sought to impose additional conditions on residential mobile home conversions. The conditions dealt specifically with residential support and determined that if the conducted survey showed a support of 50% or greater, the Council would consider it residential support whereas anything less than 20% would not be residential support and could be considered grounds for denial. He explained that a park owner challenged that authority in the Superior Court, which upheld the decision on the grounds that it felt it implemented the legislative policy and findings of residential support. The park owner appealed that decision and in a published decision, the Appellant Court said the County Board of Supervisors did not currently have that authority under the statute. It continued to state that the statute limited the Board's decision to approve those conversions to whether or not the park owner had complied with state law, i.e. distributing a tenant impact report and conducting a survey to determine residential support. Mr. Roush said that in light of this decision, the Council will have a difficult time convincing the trial court to uphold the Council, if challenged. Mayor Hosterman said this discussion would allow dialogue about how to safeguard the long- term best interests of those existing park residents and asked for Council support. Vice -Mayor Cook- Kallio said she had hoped the ruling would be different and questioned and confirmed with Mr. Fialho that the matter could be agendized in the first part of November. Councilmember Sullivan said the Council made a number of statements about doing what is right and not allowing the threat of litigation to intimidate them. Mayor Hosterman concurred but cautioned that the ruling would effectively void the conditions the Council imposed on the property owner, leaving current residents unprotected. Mr. Roush said that with Council support, staff would schedule the discussion for a closed session to allow for more frank discussion on the legal ramifications City Council Minutes Page 14 of 15 September 1, 2009