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<br />her a year ago that she would have an option to purchase her apartment when he decided to <br />convert these units into condominiums, she may have had an opportunity to make other <br />financial decisions. She reviewed the Pleasanton Municipal Code and found that she should <br />have received a 60-day written notice of intent to convert prior to a public hearing before City <br />Council, the Planning Commission or a staff review board and she never received such a notice. <br />She expressed her concerns for the elderly and handicapped and how they have not received <br />any options and that they have nowhere else to go. She further reviewed the State Tenant <br />Laws that were provided to her by Ecco Housing which indicate the owner must provide a notice <br />of intent to convert rental apartments into condominiums 180 days before the eviction. She <br />never received this notice as indicated in Government Code Section 66427.1. Se informed <br />Council that she has been unable to find anyone to enforce this ordinance. <br /> <br />Mayor Hosterman indicated the City of Pleasanton was sad to lose her as a resident. <br />She believed it is difficult to balance unconstitutional restraints on alienation of real property with <br />trying to keep people living and working in the same community. <br /> <br />Mr. Brozosky asked staff when this project was approved on Division Street? <br /> <br />Mr. Bocian said the City was recently informed of this situation and staff has met and is <br />trying to deal with the issue. This matter is unique because the condominium conversion was <br />approved in 1981 but the owner elected to keep the development as a rental unit, and as staff <br />interprets it, the owner has the right to convert. Unfortunately, the language that is currently in <br />the Pleasanton Municipal Code as it pertains to tenants rights relates to those residents living at <br />the development at the time the conversion is approved. Staff is not aware of how many <br />residents were living there in 1981. The City's goal is to meet with the owner and certainly talk <br />to them and determine its interest in abiding by the ordinance specifically as it relates to tenants <br />rights. There is a question whether the owner is bound to that legally but staff believes it is the <br />appropriate thing to do. <br /> <br />Mayor Hosterman asked legal counsel if the language could be changed to hold property <br />owners liable for ensuring tenants have ample notice in order for the tenants to review options <br />to make a purchase? <br /> <br />Michael Roush, City Attorney said one of the issues is that staff would like to talk to the <br />property owners about taking a look at the notice that is provided to the tenants to make sure it <br />complies with local ordinances as well as with existing state law. There have been issues <br />raised in this community as well as other communities around the state as different units have <br />been held onto for the past twenty to twenty-five years and now the owners are proceeding to <br />sale them, which has a significant impact on tenants in which they otherwise would be paying a <br />smaller amount for rent then they would be paying for a mortgage or down payment. He <br />recommended that staff review the City's local ordinance to see if it needs to be amended. <br /> <br />Ms. McGovern asked legal counsel if the City planned to approve conversions from <br />apartments to condominiums such as what was done in 1981, and can the City set a limit on the <br />years in order to avoid a significant length in time before the conversion is completed? <br /> <br />Mr. Roush said the difficulty is that once an apartment converts to a condominium and <br />the owner proceeds to file all the appropriate paper work, files the parcel map and the <br />condominium plan there may be reasons economically as to why it may be difficult for the <br />property owner to sell the units within a certain period of time for reasons such as interest rates <br />increasing or the market may not be appropriate. There might be some things the City may be <br /> <br />Pleasanton City Council <br />Minutes <br /> <br />10 <br /> <br />09/20/05 <br />