AGENDA REGULAR CITY COUNCIL MEETING AND JOINT

Transcription

AGENDA
REGULAR CITY COUNCIL MEETING AND JOINT MEETING OF THE CITY
COUNCIL AND THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF COTATI
AUGUST 27, 2008
6:30 PM (CLOSED SESSION)
7:00 PM (REGULAR MEETING)
City Council Chambers, City Hall, 201 W. Sierra Avenue
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Wednesday (or
as otherwise noticed) of every month. Your interest and participation are encouraged and appreciated.
City Council Agenda and Minutes can be viewed at the City's website: ............................... www.ci.cotati.ca.us
To receive the City Council Agenda by e-mail, provide your
e-mail address to the City Manager's office, or e-mail your request to: .......................... [email protected]
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.
Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will
be made available for public inspection in the City Manager’s office located at 201 West Sierra Avenue, Cotati,
California, during normal business hours.
Disabled Accommodation: Upon request, this agenda will be made available in appropriate formats to persons with
disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability
who requires a modification or accommodation in order to participate in a meeting should contact the Deputy City
Clerk at (707) 665-3623 at least 48 hours in advance of the meeting.
Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be
limited to raising only those issues you or someone else raised at public hearing(s) described in this Agenda, or in
written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).
Those wishing to address the Council are asked to sign the limit discussion to one presentation per individual
and to keep comments to between 3 and 5 minutes; when you are called, step to the podium and state your name
and address for the record. Persons wishing to address the Council are not required to identify themselves (Gov’t.
Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the
Council are recognized and it assists the Deputy City Clerk in preparing the City Council meeting minutes.
6:30 PM CLOSED SESSION
CALL TO ORDER (CITY COUNCIL CHAMBERS)
ADJOURNMENT TO CLOSED SESSION (CITY MANAGER’S OFFICE)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
City Council Agenda
August 27, 2008
Page 2 of 4
7:00 PM (REGULAR SESSION)
CALL TO ORDER OF REGULAR CITY COUNCIL MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
1.
APPROVAL OF MINUTES OF JULY 23, 2008 REGULAR MEETING AND
NOTICE OF WAIVING OF READING OF ALL RESOLUTIONS AND
ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS AGENDA
(Action)
APPROVAL OF FINAL AGENDA
CITY MANAGER’S REPORT
CITIZEN BUSINESS
Any item raised by a member of the public which is not listed on the agenda but may require Council action shall be
automatically referred to City staff for investigation and disposition unless the item requires action to be taken by the
Council at the meeting during which it was raised and constitutes an emergency, or the need to take such action arose
after the posting of the agendas within the meaning of Government Code Section 54954.2(b). In either event, the
Council is entitled to discuss the matter before making the determination required under said Government Code
provision, and if either finding is made may take action thereon. Please confine your comments during this portion
of the agenda to matters not already on the agenda. The public will be given an opportunity to speak on each
agendized item at the time it is called.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS (Discussion)
ORAL AND WRITTEN COMMUNICATIONS
ANNOUNCEMENTS
The Cotati Farmers Market runs Thursdays through September 11, from 4:30 to 7:30
p.m. in La Plaza Park.
Individuals who are committed to working for the betterment of the City of Cotati are
invited to apply for appointment to the City's Design Review Committee (alternate
position with landscape design experience) or Community and Environment
Commission. Download an application from the City’s website at ci.cotati.ca.us or
call 665-3623 to receive an application by mail.
INTRODUCTION OF NEW POLICE OFFICER
Chief of Police Robert Stewart will introduce Officer Andrew Lyssand and Police Volunteer
Craig Guydan.
City Council Agenda
August 27, 2008
Page 3 of 4
K-9 FUNDRAISING UPDATE
Officer Chris Kaupe will provide an update on the K-9 fundraising efforts.
CHAMBER OF COMMERCE SEMI-ANNUAL REPORT
The Cotati Chamber of Commerce will present its semi-annual report for period ending
June 30, 2008.
CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one
vote. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the
Consent Calendar and will be considered separately.
2.
ADOPTION OF A RESOLUTION OPPOSING THE STATE OF CALIFORNIA
BORROWING FUNDS DESIGNATED BY TAXPAYERS FOR LOCAL
GOVERNMENT, REDEVELOPMENT, AND TRANSPORTATION (City Manager)
(Action)
This resolution opposes the state of California from borrowing funds that taxpayers have
designated for local government, redevelopment, and transportation.
3.
APPROVAL OF AWARD OF OPEN SPACE MATCHING GRANT TO PURCHASE
175 WEST SIERRA AVENUE, APPROVAL OF APPROPRIATION OF FUNDS IN
THE AMOUNT OF $165,000 TO ASSIST IN FALLETTI RANCH ACQUISITION
AND AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE
PURCHASE AGREEMENT AND RELATED DOCUMENTS (City Manager)
(Action)
This resolution 1) approves the award of the Open Space Matching Grant for the purchase
of 175 West Sierra Avenue; 2) approves the appropriation of $165,000.00 to assist in the
purchase of Falletti Ranch; and 3) authorizes the City Manager to execute the purchase
agreement and related documents.
4.
ADOPTION OF A RESOLUTION RE-ESTABLISHING A COUNCIL TRAVEL
AND REIMBURSEMENT POLICY AND ETHICS TRAINING GUIDELINES
PURSUANT AB 1234 (Administrative Services) (Action)
This resolution supersedes Resolution No. 06-18 and re-establishes the City Council Travel
and Reimbursement Policy and updates the list of officials required to attend ethics training
every two years pursuant to AB 1234.
City Council Agenda
August 27, 2008
Page 4 of 4
REGULAR AGENDA
5.
CONSIDERATION OF A REQUEST BY THE COTATI HISTORICAL SOCIETY
TO LEASE A VACANT PORTION OF CITY HALL FOR A MUSEUM (City
Manager) (Action)
It is recommended that the City Council adopt a motion to approve the Cotati Historical
License Agreement and authorize the City Manager to sign agreement.
PUBLIC HEARING
6.
INTRODUCTION OF AN ORDINANCE TO REGULATE THE CONVERSION OF
MOBILE HOME PARKS TO OTHER USES, AND INTRODUCTION OF AN
ORDINANCE TO REGULATE THE SUBDIVISION OF MOBILE HOME PARKS
(City Manager) (Action)
It is recommended that the Council: 1) introduce an ordinance to regulate the conversion of
mobile home parks to other uses; and introduce an ordinance to regulate subdivision of the
mobile home parks.
ADJOURNMENT OF REGULAR MEETING OF THE CITY COUNCIL AND CALL TO
ORDER AND ROLL CALL FOR JOINT MEETING OF CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS
CONSENT CALENDAR
7.
WARRANTS AND AUDITED CLAIMS FOR JULY 24TH, 2008 – AUGUST 13TH,
2008 (Action)
This motion receives and files warrants and audited claims for July 24th, 2008 – August
13th, 2008
ADJOURNMENT OF JOINT MEETING; RECONVENING OF REGULAR MEETING
OF CITY COUNCIL
CITY COUNCIL REPORTS AND COMMENTS
ADJOURNMENT OF REGULAR CITY COUNCIL MEETING
Certification of Posting of the Agenda: I declare under penalty of perjury that I am employed by the City of Cotati and that I
posted this agenda on the bulletin boards of City Hall, Veterans’ Memorial Building and the U.S. Post Office on or before August
22, 2008.
_________________________
Deputy City Clerk
y:\city_mgr\council\cc agendas\agn08\080109ccagenda.doc
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Subject to approval.
MINUTES
REGULAR CITY COUNCIL MEETING AND JOINT MEETING OF THE CITY
COUNCIL AND THE BOARD OF DIRECTORS OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF COTATI
JULY 23, 2008 7:00 PM
City Council Chambers, City Hall, 201 W. Sierra Avenue
6:30 PM CLOSED SESSION
CALL TO ORDER (CITY COUNCIL CHAMBERS)
Mayor Gilardi called the regular meeting to order at 6:30 p.m. and opened the floor to comments
regarding the closed session items. There being no one wishing to speak, she adjourned to closed
session in the City Manger’s office.
ADJOURNMENT TO CLOSED SESSION (CITY MANAGER’S OFFICE)
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
(Government Code Section 54956.9(a))
The People of the State of California (Cotati) vs. Fred Andreoli et al (Sonoma County
Superior Court Case # 206887)
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
(Government Code Section 54956.9(b))
Significant Exposure to Litigation (one potential case)
7:00 PM (REGULAR SESSION)
CALL TO ORDER OF REGULAR CITY COUNCIL MEETING
Mayor Gilardi called the regular meeting to order at 7:03 p.m.
ROLL CALL
Councilmembers present: Fox, Guardino, Minnis, Orchard and Mayor Gilardi
Staff present: Hayes, O’Bid, Rudnansky, Taylor, Thompson
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
1.
APPROVAL OF MINUTES OF JULY 2 AND JULY 9, 2008 REGULAR MEETINGS
AND NOTICE OF WAIVING OF READING OF ALL RESOLUTIONS AND
ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS AGENDA
(Action)
George Barich requested that his comments on July 9 under ‘Citizens’ Business’ reflect his
charge that Mayor Gilardi violated the Councilmembers’ civil rights and right to free
City Council Minutes
July 23, 2008
Page 2 of 10
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speech to comment on citizen’s questions, and that he asked for an apology from the
Mayor.
City Attorney Rudnansky indicated that the Councilmembers’ rights were not violated.
Robert Coleman of Cotati indicated support that Mr. Barich’s comments be reflected in the
minutes.
Mayor Gilardi noted that the minutes provide a summary of action at a meeting and that she
had indicated to Mr. Barich on July 9 that the Councilmembers’ right to free speech was
not violated.
Moved by Councilmember Minnis, seconded by Councilmember Orchard and passed
unanimously to approve the minutes of the July 2 Regular meeting as presented and the
minutes of the July 9, 2008 regular meeting modified to reflect Mr. Barich’s and Mayor
Gilardi’s comments relating to free speech, and to waive the reading of all resolutions and
ordinances introduced and/or adopted under this agenda.
APPROVAL OF FINAL AGENDA
Mayor Gilardi announced that item no. 9 would be heard before item no. 8.
CITY MANAGER’S REPORT
City Manager Dianne Thompson reported the following:
•
Recreation Manager Terry Dutra was recognized for her efforts on the successful Kids
Day parade and festival.
•
Update on outreach to senior citizens during extreme weather: flyers with information
on wildfires and staying cool and were distributed to mobilehome park residents and
Charles Street Village residents.
•
Acting Planning Manager Margaret Kavanaugh-Lynch was introduced to the Council.
•
Cotati’s K-9 D’Jango passed away suddenly yesterday, July 22. A Memorial to
D’Jango has been set up in the Police Department.
CITIZEN BUSINESS
Robert Coleman-Senghor commended the Kids Day festival and parade and requested that the
start place of the parade be moved elsewhere so doesn’t block East School Street.
George Barich of Cotati addressed the Council regarding how the Mayor conducted the
impeachment item at the July 9 Council meeting.
Louise (last name not discernible) expressed opposition to Council’s July 9, 2008 decision to
adopt a petition to impeach the president and vice-president and encouraged Council to attend to
the City’s business and to patronize Cotati businesses.
July 23, 2008
Page 3 of 10
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Eric Kirchmann of Cotati indicated agreement with the previous speaker and noted that he had
requested but not yet received contact information for the City attorney. He addressed the Council
regarding correspondence from staff about him, the way the city telephone is answered,
development, and sales tax revenue.
John Jenkel of Graton expressed support for the Council’s July 9, 2008 decision to adopt a
petition to impeach the president and vice-president and encouraged the Council to take
additional action regarding undeclared war.
COUNCILMEMBER DIRECTION ON FUTURE AGENDA ITEMS (Discussion)
None.
ANNOUNCEMENTS
The Cotati Farmers Market runs Thursdays through September 11, from 4:30 to 7:30
p.m. in La Plaza Park.
The City’s Design Review Committee has a vacancy for an alternate position with
landscape design experience. Interested individuals can download an application
from the City’s website at ci.cotati.ca.us or call 665-3623 to receive an application by
mail.
Individuals who are committed to working for the betterment of the City of Cotati are
invited to apply for appointment to the City's Community and Environment
Commission. Download an application from the City’s website at ci.cotati.ca.us or
call 665-3623 to receive an application by mail.
For summer fun check out Cotati’s recreation programs on the web at ci.cotati.ca.us
or call the Recreation Department at 792-4600 ext. 640.
CONSENT CALENDAR
Item no. 2 and 4 were pulled from the Consent Calendar for further discussion.
Moved by Councilmember Orchard, seconded by Councilmember Minnis and passed
unanimously to approve items 3 on the Consent Calendar.
2.
ADOPTION OF RESOLUTION DECLARING AUGUST AS CLIMATE
PROTECTION MONTH (City Manager) (Action)
City Manager Dianne Thompson introduced Maitreyi Siruguri, Program Coordinator for
the ‘Cool Schools’ program and representing the Climate Protection Campaign. Ms.
Siruguri spoke in support of the proposed resolution and invited people to attend a climate
protection event at the Santa Rosa Downtown Market on August 20th.
July 23, 2008
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Mayor Gilardi opened the public comment period.
George Barich of Cotati addressed the Council regarding pulling items off the Consent
Calendar and requested that items such as this be placed at the end of the agenda.
Robert Coleman-Senghor spoke in support of this item’s location on the agenda and the
proposed resolution.
There being no one else wishing to speak, Mayor Gilardi closed the public comment period.
Moved by Vice Mayor Guardino, seconded by Councilmember Minnis and passed
unanimously to adopt Resolution No. 08-60 entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COTATI DECLARING AUGUST 2008 TO BE CLIMATE
PROTECTION MONTH
3.
CITY COUNCIL ACCEPTANCE OF PUBLIC IMPROVEMENTS AND
AUTHORIZATION TO FILE THE NOTICE OF COMPLETION (NOC) FOR THE
EAST COTATI AVENUE WATERLINE IMPROVEMENTS, PROJECT NO. E0625A (Public Works/Engineering) (Action)
This motion accepts the improvements and authorizes filing of the Notice of Completion
(NOC) for the East Cotati Avenue Waterline Improvements, Project No. E06-25A
4.
APPOINTMENT TO COMMUNITY AND ENVIRONMENT COMMISSION (City
Manager) (Action)
City Manager Dianne Thompson presented the staff report.
Mayor Gilardi opened the floor to public comments. There being no one else wishing to
speak, Mayor Gilardi closed the public comment period.
Mayor Gilardi appointed Wendy Skillman to a two-year term (expiring August 2010) on
the Community and Environment Commission (CEC).
Moved by Councilmember Orchard seconded by Councilmember fox and passed
unanimously to ratify Mayor Gilardi’s appointment of Wendy Skillman to a two-year term
(expiring August 2010) on the Community and Environment Commission (CEC).
PUBLIC HEARING
5.
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 8.24 “DEEMED
APPROVED ALCOHOLIC BEVERAGE SALE REGULATIONS” TO TITLE 8 OF
THE CITY OF COTATI MUNICIPAL CODE (Police) (Action)
Robert Stewart, Chief of Police, presented the staff report and introduced Sergeant
Sweeney of Rohnert Park’s Department of Public Safety, who presented a slide show
demonstrating the impact of downtown police incidents and events.
July 23, 2008
Page 5 of 10
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Matthew Lopez Phillips, Conduct Officer of Sonoma State University (SSU) described the
university’s efforts in educating its students on alcohol use as well as his discussions with
local business owners.
Kathy VanderVennet of the Rohnert Park Department of Public Safety described her
experience with the use of alcohol among youth under 18 years of age.
Mr. Phillips responded to a question from Council further describing SSU’s alcohol
education efforts towards students.
Responding to questions from the Council, Chief Stewart noted that it was not know which
of the statistics involved underage youth, and he described the hearing officer and pointed
out that the hearing officer would not be a member of City staff..
Rohnert Park Department of Public Safety Sergeant Sweeney described RBS (Responsible
Beverage Service) training for local businesses.
Mayor Gilardi opened the public hearing.
Eric Kirchmann of Cotati indicated that he was misled about being told that he had to have
a sign as a requirement of a grant. He was supposed to get a report from the City Manager
but never got it. He stated that he had never seen a foot patrol after dark.
Steven Gold of Cotati spoke in support of the proposed ordinance and commended Chief
Stewart for his work on the ordinance. He expressed concern that the term ‘ff-sale’ is not
defined, and commended the City for making information available online.
George Barich of Cotati requested studies correlating bars and the problems downtown. He
indicated belief that this ordinance is the rirst step to prohibition. He stated that he is
opposed to performance standards for bars. It’s the overreaching of government causes
people to self medicate by drinking. Bars bring joy, camaraderie and community. The
increase in crime is related to the high density that Council cramming into town.
An unnamed speaker, involved in the Commission against binge drinking thanked Chief
Stewart and commended a local bar owner for putting a sign on the patio asking people to
be quiet after 8:00 p.m. The speaker described the roaring of cars and motorcycles and
people speaking on Ross Street and other problems of drunk people near co-housing.
Mike Stevenson of Cotati, and owner of a bar in Cotati, indicated that there is a lot of
information in the staff report and proposed ordinance. He expressed concern that bar
owners fall under a lot of regulation. They cooperate with the Police Department. He did
not have enough time to review the information and suggested continuing the item until
after the upcoming changes in Council due to the election and the possible retirement of the
Police Chief.
July 23, 2008
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The co-owner of the 8-Ball bar (name not discernible) described how he and his staff
cooperate with the Police Department. He requested more time to review the proposed
ordinance and agreed with the previous speaker to wait for a new Council and Police Chief.
Anne Godfrey described her discussions with citizens regarding problems they have with
people from bars trespassing on their property and causing property damage.
Robert Coleman-Senghor of Cotati supported a long-range study on student drinking and
encouraged the Council to allow more time for the bar owners and interested citizens to
review the ordinance, and suggested that the city work out a partnership SSU and conduct
an analysis of student drinking.
Alicia Graff of Cotati spoke in support of the ordinance. She described issues she has had
with the bar patrons. She noted that the co-housing project studied bars before the project
was built and that since that time the nature of the bars has changed and the population of
SSU has increased.
Matt Kramer of Cotati commented on the proposal.
Cheryl Nixon of Cotati, owner of Friar Tucks, requested more time to review the proposed
ordinance. She commended the Police Department and the bar owners in town. She
indicated that she does anything that the Police ask them to do. The ABC has clear law but
the proposed ordinance is vague—what are the fees, who will be the hearing officer.
Adam (last name not discernible) of Cotati indicated that he believes it can be win-win.
Tommy Davis, owner of the Tradewinds, requested more time to review the ordinance.
Believes it should go in Title 9 of the municipal code. He thinks that a lot of the ordinance
is open to interpretation.
Michelle Berman of Cotati believes that Police presence is needed where the problems are.
Bar owners are cooperative. New law is not needed.
Maria S., owner of Cotati Yacht Club and Galley, requested a continuance. She described
how her business has been and is cooperating and asked what the Council hoped to gain by
the ordinance and what are the consequences if the bars don’t comply. Rohnert Park should
assist since the students are from Rohnert park
There being no one else wishing to speak, Mayor Gilardi closed the public hearing and
called a recess at 9:37: p.m.
Mayor Gilardi reconvened the meeting at 9:44 p.m.
City Manager Thompson stated that after listening to comments of bar owners, staff is
recommending that this item be continued to a date uncertain in order for staff to meet with
stakeholders and review the proposal.
Discussion ensued relative stakeholder outreach, leveling playing field with those bars that
were grandfathered in, the impacts of SSU’s growth, understanding that the ordinance
July 23, 2008
Page 7 of 10
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would not solve all alcohol-related problems and the many requirements, such as video
cameras, already in place for bar owners.
Council concurred to continue the item to a date uncertain, and requested that the following
information be taken into consideration:
•
•
•
•
•
Better definition of some terms (hearing officer, fees);
A collaborative process with stakeholder outreach and (preferably) consensus;
A breakdown of the 14-25 year old group and which are underage;
Clarify the impacts of SSU’s growth and where are the customers coming from;
and
Specifics on affected restaurants and bars.
REGULAR AGENDA
6.
APPOINTMENTS TO MAYORS’ AND COUNCILMEMBERS’ ASSOCIATION
COMMITTEES: SONOMA-MARIN AREA RAIL TRANSIT (SMART)
COMMISSION AND METROPOLITAN TRANSPORTATION (MTC)
COMMISSION (City Manager) (Action)
City Manager Dianne Thompson presented the staff report.
Mayor Gilardi opened the floor to public comments.
There being no one wishing to speak, Mayor Gilardi closed the public comment period.
Discussion ensued relative to the letters of interest for MTC from Jake Mackenzie (Rohnert
Park), Steve Allen (Windsor) and John Sawyer (Santa Rosa), the responsibilities of the
position and Jake Mackenzie’s experience with the Sonoma County Transportation
Authority (SCTA). Council concurred to support Jake Mackenzie for appointment to the
MTC.
Discussion ensued relative to the letters of interest for SMART from Mike Harris
(Petaluma) and Carol Russell (Cloverdale), the responsibilities of the position, the
proximity of Petaluma and that city’s efforts towards alternative transportation, and having
a representative from the northernmost area of Sonoma County on the SMART
Commission. Council concurred to support Mike Harris of Petaluma for the SMART
Commission appointment.
7.
ADOPTION OF A RESOLUTION IN SUPPORT OF SENATE BILL 1420
(MIGDEN/PADILLA) WHICH SEEKS TO REQUIRE NUTRITIONAL
INFORMATION ON MENUS AND MENU BOARDS OF CHAIN RESTAURANTS
WITH 15 OR MORE OUTLETS IN CALIFORNIA (City Manager) (Action)
Marsha Sue Lustig, Assistant to the City Manager, presented the staff report.
July 23, 2008
Page 8 of 10
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George Barich of Cotati spoke in opposition to the proposal. He indicated his belief that
Cotati citizens have not had an opportunity to express their opinion on this item.
Steven Gold of Cotati spoke in support of the proposal because he believes it will make
useful information available.
Michelle Berman of Cotati spoke in support of the proposal as it may make our state
senators more aware of Cotati.
Robert Coleman-Senghor of Cotati agreed that citizen discussion of this item would be
positive.
Mayor Gilardi pointed out that Senator Padilla requested Council’s support and that the
state legislature values Cotati’s opinion.
Moved by Vice Mayor Guardino, seconded by Councilmember Minnis and passed
unanimously to adopted Resolution No. 08-61 entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF COTATI STATING SUPPORT OF SENATE BILL 1420
(MIGDEN/PADILLA) REQUIREING NUTRITIONAL INFORMATION ON MENUS
AND MENU BOARDS OF CHAIN RESTAURANTS WITH 15 OR MORE OUTLETS
IN CALIFORNIA
Councilmember Minnis left the meeting at this time.
8.
APPROVAL OF CLIMATE PROTECTION CHARTER AND ORGANIZATIONAL
STRUCTURE (City Manager) (Action)
This item was heard after item no.9
City Manager Thompson presented the staff report.
Michelle Berman of Cotati reiterated that golf carts are a good idea and she suggested
banning Styrofoam and plastic containers.
Councilmember Fox noted that the City has previously banned Styrofoam containers.
Moved by Councilmember Orchard, seconded by Councilmember Fox and passed 4-0-1
(Councilmember Minnis absent) to approve the Climate Protection charter and
organizational structure.
July 23, 2008
Page 9 of 10
9.
DRAFT
ADOPTION OF FINAL GREENHOUSE GAS ACTION PLAN REPORT (PUBLIC
WORKS/ENGINEERING) (Action)
This item was heard before item no. 8.
Damien O’Bid, City Engineer/Director of Public Works, presented the staff report.
George Barich of Cotati noted no that there was no discussion of the effects of carbon
monoxide on greenhouse gases. He indicated his belief that the city does not have funds to
implement the plan and any available money should be directed towards education and for
assisting residents during heat waves.
Robert Coleman-Senghor of Cotati expressed concern about the cost of the plan and
requested that Council seek ways to reduce greenhouse gas emissions without committing
funds that the budget can’t support. He encouraged the city to collaborate with Sonoma
State University to further the goals of greenhouse gas emission reductions.
Michelle Berman commended City Engineer/Director of Public Works O’Bid for his
enjoyable staff reports. She suggested the use of electric golf carts for city fleet vehicles.
Steve Gold of Cotati supported education for citizens and encouraged the Council in its
goal to reduce greenhouse gas emissions.
Discussion ensued relative to the proposed plan. Council noted that some of the items in the
plan are programmed into the 2008-09 budget.
In response to a question from Council regarding funding, City Engineer O’Bid indicated
that grant opportunities would be pursued.
Moved by Councilmember Orchard, seconded by Vice Mayor Guardino and passed 4-0-1
(Councilmember Minnis absent) to: 1) Adopt a motion to receive and file the final City of
Cotati Greenhouse Gas Emissions Reduction Action Plan Analysis, dated May 1, 2008; and
2) Approve Resolution No. 08-62 entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COTATI ADOPTING GREENHOUSE GAS EMISSIONS
REDUCTION ACTION PLAN ANALYSIS PLAN B OR EQUIVALENT MEASURES
ADJOURNMENT OF REGULAR MEETING OF THE CITY COUNCIL AND CALL TO
ORDER AND ROLL CALL FOR JOINT MEETING OF CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS
Mayor Gilardi adjourned the regular meeting and called the joint meeting to order at 11:04 p.m.
July 23, 2008
Page 10 of 10
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Councilmembers present: Fox, Guardino, Orchard and Mayor Gilardi
Councilmembers absent: Minnis
Staff present: Hayes, Rudnansky, Taylor, Thompson
CONSENT CALENDAR
Moved by Councilmember Orchard, seconded by Councilmember Fox and passed 4-0-1
(Councilmember Minnis absent) to approve item 1 on the Consent Calendar.
10.
WARRANTS AND AUDITED CLAIMS FOR JUNE 26, 2008 – JULY 9, 2008 (Action)
Motion to receive and file warrants and audited claims for June 26, 2008 –July 9, 2008.
ADJOURNMENT OF JOINT MEETING; RECONVENING OF REGULAR MEETING
OF CITY COUNCIL
Mayor Gilardi adjourned the joint meeting and reconvened the regular meeting at 11:05 p.m.
CITY COUNCIL REPORTS AND COMMENTS
Councilmembers reported on recent and upcoming activities, including reports from meetings
attended at City expense.
ADJOURNMENT OF REGULAR CITY COUNCIL MEETING
Mayor Gilardi adjourned the meeting at 11:08 p.m.
Respectfully Submitted,
_______________________
Deputy City Clerk
y:\city_mgr\council\cc agendas\agn08\080109ccagenda.doc
Item No. 2
City Council Agenda
Consent Calendar
Subject:
Adoption of a resolution opposing the State of California borrowing funds
designated by taxpayers for local government, redevelopment, and transportation
Date:
August 27, 2008
Written by: Tami Taylor, Deputy City Clerk
Recommendation
It is recommended that the Council adopt a resolution opposing the State of California borrowing
funds designated by taxpayers for local government, redevelopment, and transportation
Background
The State of California is looking for ways to decrease its deficit. One alternative being
considered is the “borrowing” of funds designated by taxpayers for local government through the
passage of Proposition 1A and Proposition 42.
Analysis/Discussion
The League of California Cities has requested that cities adopt this resolution to let our State
elected officials know of our opposition to the plan.
Financial Considerations
If the State uses these funds, it could cost Cotati up to $386,000. The State may be required to
pay local government back with interest within three years, if the funds are “borrowed”.
Environmental Issues
None.
Attachments:
1. Proposed resolution
H:\CCREPORTS\2008\20080827\fiscalirrespons.sr.doc
RESOLUTION NO. [To be inserted by Deputy City Clerk]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS
THAT WOULD “BORROW” LOCAL GOVERNMENT,
REDEVELOPMENT AND TRANSPORTATION FUNDS
WHEREAS, the July 1, 2008, the Constitutional deadline for the state to approve its budget
was missed; and
WHEREAS, both the Governor and the Legislative Budget Conference Committee have
recommended balanced budgets without resorting to “loans” or seizures of local government
property tax, redevelopment tax increment and transportation sales tax funds; and
WHEREAS, in 1952 the voters of California approved n 1952 the voters approved Article
XVI, Section 16 of the California Constitution, providing for tax increment financing for
community revitalization—not balancing the state budget, and the voters never authorized the
legislature to take or “borrow” community redevelopment funds for state programs; and
WHEREAS, in 2004 by an 84% margin of approval the voters of California approved
Proposition 1A and sent a loud and unambiguous message to state leaders that they should stop
the destructive and irresponsible practice of taking local government funds to finance the state
budget and paper over the state deficit; and
WHEREAS, in 2006 by a 77% margin of approval the voters of California also approved
Proposition 1A, providing similar protections to transportation funding (under previously
approved Proposition 42) for state and local transportation projects, including important street
maintenance and public transit programs; and
WHEREAS, both ballot measures allow the Governor to declare a “severe state of fiscal
hardship” and “borrow” these funds if they are repaid in three years with interest, but the
Governor believes it would be irresponsible to “borrow” such funds because it would deepen
the state’s structural deficit and cripple local government and transportation services; and
WHEREAS, refusal by the Legislature to carryout its constitutional obligation to compromise
on a balanced budget is not a “severe state of fiscal hardship” and would not justify reductions
in critical local services, community revitalization programs and infrastructure maintenance at
a time when cities are struggling to balance their own budgets during this economic down turn;
and
WHEREAS, city investments in infrastructure, affordable housing and basic public safety and
other community services will create needed jobs and speed our economic recovery; and
WHEREAS, the Legislature should balance the state budget with state revenues and respect
the overwhelming support of voters for not using local property taxes, redevelopment tax
increment and transportation sales tax funds to fund the day-to-day operating cost of state
programs; and
WHEREAS, it would be the height of fiscal irresponsibility to paper over the state structural
deficit with more borrowing, and Californians deserve state leaders who will tell them honestly
what needs to be done to produce a balanced budget; and
WHEREAS, it is time for the state of California to cut up its local government credit cards and
deal with the budget deficit in a straightforward way. Balance the state budget with state funds.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cotati hereby opposes any and
all efforts by state government to “borrow” or seize local tax funds, redevelopment tax
increment and transportation sales tax funds by the state government to finance state
operations. Such a move would be fiscally irresponsible for the state and hamper effective local
services and infrastructure investments.
BE IT FURTHER RESOLVED, that the Mayor/City Manager is hereby directed to send this
resolution and communicate this Council’s strong and unswerving opposition on this matter to
our Legislators and the Governor along with an expression of our continued appreciation for
the Governor’s and any supportive legislators’ steadfast opposition to further borrowing or
seizure of these funds.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly introduced and legally
adopted at a regular meeting of the City Council of the City of Cotati held on the 27th day of
August, 2008 by the following vote, to wit:
FOX:
ORCHARD:
GILARDI:
MINNIS:
GUARDINO:
______
______
______
______
______
Approved:________________________________
Mayor
Attest:___________________________
Deputy City Clerk
Approved as to form:
___________________________
City Attorney
Resolution No. ________
Page 2 of 2
Item No. 3
City Council Agenda
Consent Calendar
Subject:
Approval of Award of Open Space Matching Grant to Purchase 175 West Sierra
Avenue, Falletti Ranch, Approval of Appropriation of Funds in the Amount of
$165,000.00 to Assist in Falletti Ranch Acquisition and Authorization for the City
Manager to Execute the Purchase Agreement and Other Related Documents
Date:
August 27, 2008
Written By: Marsha Sue Lustig, Assistant to the City Manager
______________________________________________________________________________
RECOMMENDATIONS
It is recommended that the Council adopt a resolution to 1) approve the award of the Open Space
Matching Grant for the purchase of 175 West Sierra Avenue (Falletti Ranch); 2) approve the
appropriation of $165,000 to assist in the purchase of Falletti Ranch; and 3) authorize the City
Manager to execute the purchase agreement and related documents.
__________________________________________________________________________
Background
The City of Cotati has been interested in the preservation of the 4.37 acre Falletti Ranch for over
ten years. The Sonoma County Agricultural and Open Space District (OSD) has also been
interested in this acquisition and began considering the preservation of Falletti Ranch as a living
history ranch and museum in 2002. The City, OSD and the property owner have agreed to the
terms of the purchase. As part of the City's due diligence, the City is obtaining a site assessment.
Analysis/Discussion
On July 31, 2008, the Sonoma County Agricultural and Open Space District (OSD) Authority
recommended to the Board of Supervisors that the OSD contribute $3,135,000 in the form of a
matching grant toward the City of Cotati's purchase of the Falletti Ranch. The total purchase
price is $3,300,000. This includes all of the ranch with the exception of the smaller parcel
containing the stucco dwelling. The City of Cotati’s financial contribution to the purchase price
is $165,000.00. The City is expected to preserve and maintain the property in perpetuity.
The Matching Grant Agreement and the Conservation Easement attachment are included as a
part of this report and are a joint agreement between the Sonoma County Agricultural
Preservation and Open Space District and the City of Cotati. The terms of the Agreement include
a requirement that the site and buildings be developed as a community park and museum.
Following approval by the City Council, the grant award must be approved by the Board of
Supervisors. This is scheduled to occur on September, 9, 2008. Staff is requesting that the City
Manager be authorized to sign all the necessary closing documents.
H:\CCREPORTS\2008\20080827\Falletti Ranch\CCstaffreport08_27_08_(final).doc
City Council Staff Report
Falletti Ranch
August 27, 2008
This opportunity comes at a time when Cotati has had difficulty in achieving the stated General
Plan parkland goal of one acre for every 200 residents. According to this goal, the City should
have 38 acres of parkland. The City currently has approximately 30 acres of parkland. The
Falletti Ranch will significantly close the parkland gap.
Environmental Considerations
This land purchase is categorically exempt from environmental review pursuant to CEQA
Guidelines Section 15061(b)(3) based upon the determination that there is nothing in the
agreement (or transaction), or its implementation that could foreseeably have any significant
effect of the environment.
The purchase of the Falletti Ranch requires the appropriation of $165,000.00 from the City of
Cotati Park In Lieu Fund Account 024-100-71082.
Conclusion
The acquisition of the 4.37 acre Falletti Ranch will be a jewel in the City of Cotati park system.
The purchase provides a unique opportunity for the community to gain substantial educational,
historic preservation, and parkland benefits.
Attachments:
1. Proposed resolution approving the purchase of Falletti Ranch.
2. Deed and Agreement by and between the City and the SCAPOSD including Exhibits B and C
3. Matching Grant Agreement
4. Purchase Agreement
page 2 of 2
RESOLUTION NO. [To be inserted by Deputy City Clerk]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
ACCEPTING THE AWARD OF A GRANT FOR $3,135,000 FROM THE
SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE
DISTRICT TO PURCHASE THE FALLETTI RANCH, A 4.37 ACRE PARCEL
LOCATED AT 175 WEST SIERRA AVENUE, COTATI, CA (APN: 144-250-008);
APPROPRIATING $165,000 OF CITY FUNDS TO ASSIST IN THE ACQUISITION OF
THE FALLETTI RANCH; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE ACQUISITION
WHEREAS, the Falletti Ranch (APN: 144-250-008) is a 4.37 acre tract of land in
downtown Cotati which has been in use as a ranch since the early 1900's; and
WHEREAS, the Sonoma County Agricultural Preservation and Open Space District
("District") has recently approved a matching grant of $3,135,000 to assist the City of Cotati
("City") in acquiring the Falletti Ranch for permanent open space preservation; and
WHEREAS, the City of Cotati ("City") intends to purchase the Falletti Ranch and
contribute $165,000 of City funds towards the acquisition of the Falletti Ranch; and
WHEREAS, in exchange for contributing $165,000 towards the acquisition of the
Falletti Ranch, the City agrees to (1) maintain and operate the Falletti Ranch in accordance
with the requirements of the Matching Grant Agreement between the City and District, (2) use
the Falletti Ranch for low-intensity outdoor recreation, education and agriculture, and (3)
convey a conservation easement to the District; and
WHEREAS, the Matching Grant Agreement requires the City to contribute 3,650,000
over the life of the Conservation Easement and the City intends to fulfill this obligation from
available budgeted and appropriated City funds; and
WHEREAS, the City has desired to preserve the Falletti Ranch as historic, urban open
space and ranch land for more than ten years because the acquisition and preservation of the
Falletti Ranch will benefit current and future generations as much needed preserved open space
and will improve outdoor recreational access for urban residents; and
WHEREAS, the City has been actively attempting to acquire this parcel for the last
five years because it is an important contribution to community open space, to the preservation
of the City’s agrarian history, and to achieving the City's parkland goals; and
WHEREAS, the City Council of the City of Cotati is dedicated to maintaining a link to
the City’s once-vibrant rural heritage because it will benefit current and future generations of
City residents; and
WHEREAS, the Falletti Ranch has continued as an uninterrupted ranching operation
since the early 1900's, offering City residents a glimpse into the City and Sonoma County's
historic ranching traditions, and
WHEREAS, the City Council of the City of Cotati recognizes that the Falletti Ranch is
the last downtown parcel still operating as a ranching enterprise and it is the only remaining
ranching parcel in the City reflecting the historic ranching traditions of the area; and
WHEREAS, if the Falletti Ranch is developed there will be no more ranching in the
downtown and the historic ranching traditions will not be passed down to and shared with
future generations; and
WHEREAS, the City Council of the City of Cotati recognizes that this is the very last
opportunity for the City and its residents to preserve an operational ranch, including an historic
house and water tower; and
WHEREAS, the purchase of the Falletti Ranch will allow for the preservation of both
the house, the water tower, and the ranch land, providing current City residents and future
generations the opportunity to learn about and participate in ranching related operations as they
have been practiced in central Sonoma County for over 100 years; and
WHEREAS, the City intends to develop the Falletti Ranch as a community park and
agricultural museum dedicated to the history of the City and providing public outdoor
educational and recreational opportunities; and
WHEREAS, the City of Cotati General Plan Policy 4.1.4 b requires parkland to be
preserved at the rate of one acre per 200 residents; and
WHEREAS, the Falletti Ranch meets the definition of parkland because it is land
intended for community recreational purposes, including areas of important aesthetic,
historical, or public health and safety significance, and
WHEREAS, it is the goal of the City to have 38 acres of parkland and the 4.37 acre
Falletti Ranch parcel will improve the City of Cotati’s park acquisition status from 30 acres to
more than 34, thus coming closer to achieving the City's goal of 38 acres of parkland for its
residents; and
WHEREAS, if the Falletti Ranch is developed, it is zoned for neighborhood, low
density on the City Land Use Map and designated for low-medium density on the City General
Plan Map, both of which would allow up to 48 units with second units; and
WHEREAS, acquisition of the Falletti Ranch as a public community park for lowintensity public outdoor recreational and educational and agricultural opportunities is
consistent with the City's General Plan; and
Resolution No. _______
Page 2 of 4
WHEREAS, to effectuate the acquisition of the Falletti Ranch the City Council must
authorize the City Manager to sign all documents necessary to complete the acquisition,
including the Purchase Agreement, the Certificate of Acceptance of Real Property Conveyed
by Grant Deed, the Matching Grant Agreement with the District, and the Deed and Agreement
By and Between the City and District; and
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA")
the District has issued a Notice of Exemption ("NOE") for the acquisition of the Falletti Ranch;
and
WHEREAS, the purchase of the property is subject to the City receiving a favorable
environmental assessment; and
WHEREAS, the Falletti Ranch provides a remarkable opportunity to allow the City of
Cotati to retain a beautiful open space parcel for the purposes of necessary and well-planned
community parkland while also preserving a vital link to City’s history; thus benefitting the
City's current and future residents and Sonoma County as a whole.
*******
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati
that the foregoing recitals are true and correct and made a part of this resolution and that the
Falletti Ranch (APN: 144-250-008) shall be preserved in perpetuity as a public community
park for low-intensity public outdoors recreational and educational and agricultural
opportunities; and,
BE IT FURTHER RESOLVED that the City Council accepts a matching grant in the
amount of $3,135,000 from the Sonoma County Agricultural Preservation and Open Space
District to be used for the acquisition of Falletti Ranch and appropriates $165,000 of City funds
from the Quimby Act Park Fund to be used for the acquisition of Falletti Ranch;
AND, BE IT FURTHER RESOLVED that the City Council authorizes the City
Manager to execute all documents necessary to complete the acquisition including: the
Purchase Agreement; the Certificate of Acceptance of Real Property Conveyed by Grant Deed;
the Matching Grant Agreement with the District; and, the Deed and Agreement By and
Between the City and District.
Effective Date. This Resolution shall take effect immediately.
Severability Clause. The provision of this Resolution are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable
to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or
parts thereof of the resolution or their applicability to other persons or circumstances.
Page 3 of 4
IT IS HEREBY CERTIFIED that the foregoing resolution was duly introduced and legally
adopted at a regular meeting of the City Council of the City of Cotati held on the 27th day of
August, 2008 by the following vote, to wit:
GILARDI:
GUARDINO:
FOX:
MINNIS:
ORCHARD:
______
______
______
______
______
Approved:__________________________
Mayor
Attest:___________________________
Deputy City Clerk
___________________________
City Attorney
1134701.1
Page 4 of 4
D
D
RECORDING REQUESTED BY AND
RETURN TO:
R
R
A
A
Sonoma County Agricultural
Preservation and Open Space District
575 Administration Drive, Room 102A
Santa Rosa, CA 95403
FF
TT
DEED AND AGREEMENT
BY AND BETWEEN
THE CITY OF COTATI
AND
THE SONOMA COUNTY AGRICULTURAL PRESERVATION
AND OPEN SPACE DISTRICT
THE City of Cotati, a municipal corporation (hereinafter referred to as
GRANTOR), and the Sonoma County Agricultural Preservation and Open Space
DISTRICT, a public agency formed pursuant to the provisions of Public Resources Code
sections 5500 et seq. (hereinafter DISTRICT), its successors and assigns, agree as
follows:
RECITALS
A. GRANTOR is the owner in fee simple of certain real property (hereinafter "the
Property") located in Sonoma County and more particularly described in Exhibit A,
attached hereto and made a part of hereof.
B. In 1990 the voters of Sonoma County approved the creation of DISTRICT and
the imposition of a transactions and use tax by the Sonoma County Open Space Authority
("the Authority"). The purpose for the creation of DISTRICT and the imposition of the
tax by the Authority was to preserve agriculture and open space by acquiring interests in
appropriate properties from willing sellers in order to meet the mandatory requirements
imposed on the County and each of its cities by Government Code sections 65560 et seq.
and by the open space elements of their respective general plans. In order to accomplish
that purpose, DISTRICT entered into a contract with the Authority whereby, in
consideration of that entity financing DISTRICT's acquisitions, DISTRICT agreed to and
did adopt an acquisition program that was in conformance with the Authority's voter
approved Expenditure Plan.
Falletti_conservation easement 08.320.08.doc
1
C. On _____________, GRANTOR’s City Council approved the Falletti Property
Acquisition and determined that the plan was consistent with the GRANTOR’s General
Plan.
D. On July 31, 2008, the Authority’s Board of Directors, in its Resolution
Numbered 2008-013, determined that GRANTOR’s request for funding for acquisition of
the Falletti Property was consistent with the Authority’s Expenditure Plan and authorized
the expenditure of funds through District’s Competitive Matching Grant Program
because the funding will provide for the preservation of much needed open space within
an urban area, and as well improve outdoor recreational access for urban residents.
E. On ________, DISTRICT’s Board of Directors entered into a matching grant
agreement with GRANTOR that, among other things, required that GRANTOR enter
into this Agreement.
F. DISTRICT has the authority to acquire conservation easements by virtue of
Public Resources Code section 5540 and possesses the ability and intent to enforce the
terms of this Agreement.
THEREFORE, in consideration of the foregoing recitations and of the mutual
covenants, terms, conditions, and restrictions herein set forth and other valuable
consideration receipt of which is hereby acknowledged, GRANTOR and DISTRICT
agree as follows:
1.
Grant and Acceptance of Conservation Easement. Pursuant to the
common and statutory law of the State of California including the provisions of Civil
Code sections 815 to 816, inclusive, GRANTOR hereby grants to DISTRICT and
DISTRICT accepts a conservation easement (hereinafter “this Easement” or “the
Easement”) in the Property in perpetuity.
2.
Statement of Purpose. It is the purpose of this Agreement to preserve the
open space, recreational and educational, agricultural, natural resource and scenic values
of the Property, and each of them, and to prevent any uses of the Property that will
significantly impair or interfere with those values. Specifically, the Property, situated at
the corner of West Sierra Avenue and East School Street in Cotati, consists of one 4.37acre rural parcel surrounded on all sides by urban development. The preservation of the
Property provides vital open space in the City of Cotati for active outdoor public
recreational, educational and agricultural activities integral to preserving the open space
character of the City of Cotati. Specifically, the Property will be developed for a public
park with agricultural uses and this Easement will preserve these uses in perpetuity.
2
These purposes, as further defined by the provisions of this Agreement, are generally
referred to collectively hereinafter as “the Conservation Purpose of this Easement”.
GRANTOR intends that this Agreement will confine the uses of the Property to the
following, which are consistent with the conservation purpose of this Agreement: (a)
active outdoor public recreational and educational activities, (b) agricultural activities,
and (c) habitat restoration and enhancement activities.
3.
Affirmative Rights Granted to the DISTRICT. GRANTOR conveys the
following rights to DISTRICT:
3.1
Protecting Conservation Values. DISTRICT shall have the right to
identify, preserve and protect the Conservation Values of the Property; and
3.2
Property Inspections. DISTRICT shall have the right to enter upon
the Property and to inspect, observe, and study the Property for the purposes of (i)
identifying the current uses and practices thereon and the condition thereof, (ii)
monitoring the uses and practices regarding the Property to determine whether they are
consistent with this Easement, and (iii) enforcing the terms of this Easement pursuant to
Section 13 below. Entry shall be permitted at least once a year at reasonable times, upon
24 hours' prior notice to GRANTOR, and shall be made in a manner that will not
unreasonably interfere with GRANTOR’s use and quiet enjoyment of the Property
pursuant to the terms and conditions of this Easement. Each entry shall be for only so
long a duration as is reasonably necessary to achieve the inspection, monitoring and
subsequent enforcement, if applicable, but may not be limited to a single physical entry
during a single twenty-four hour period.
3.3
Approval of Certain Activities. DISTRICT shall have the right to
review and approve proposed uses and activities as more specifically set forth in Section
5 and Exhibit B herein, and in accordance with Section 7.
4.
GRANTOR’s Reserved and Restricted Rights. Any activity on the
Property or use of the Property which is inconsistent with the Conservation Purpose of
this Easement is prohibited. Without limiting the generality of the foregoing, the
activities and uses as set forth in Exhibit B attached hereto are expressly reserved or
restricted. This list does not constitute an exhaustive recital of consistent and inconsistent
activities and uses, but rather, (a) establishes specific allowed and prohibited activities
and uses and (b) provides guidance in determining the consistency of other activities with
the Conservation Purpose of this Easement pursuant to the procedure set forth in Section
7 of this Easement.
3
5.
GRANTOR’s Reserved Rights. In addition to the express rights reserved
in Exhibit B, GRANTOR reserves to itself and to GRANTOR’s personal representatives,
heirs, successors and assigns, all rights accruing from its ownership of the Property,
including the right to engage in, or permit or invite others to engage in all uses of the
Property that are not expressly prohibited or restricted herein and are not inconsistent
with the Conservation Purpose of this Easement.
The allowed uses, practices and rights to improve the Property which are not retained by
GRANTOR above or allowed under Exhibit B are hereby extinguished. In the event that
such extinguishment is determined to be unlawful or otherwise unenforceable, then those
uses, practices and rights contributing to the improvement of the Property are hereby
assigned by GRANTOR to DISTRICT. Neither GRANTOR nor DISTRICT shall use or
receive the benefit from any increase in allowable uses, practices and rights to improve
the Property, that are inconsistent with this Easement, resulting from any change in
applicable governmental land use regulations.
6.
Merger of Parcels. GRANTOR acknowledges that the Property currently
consists of a one parcel as shown on the current Sonoma County Assessment Roll.
GRANTOR further acknowledges that one or more additional parcels may exist on the
Property through the recognition of previously unrecognized parcels created by patent or
deed conveyances, subdivisions, lot line adjustments, surveys, recorded or unrecorded
maps or other documents and, that existing or future land use regulations might permit
these parcels to be sold or otherwise conveyed separately from one another as separate
legal parcels. It is the intent of GRANTOR and DISTRICT to prevent the separate
conveyance of any of these parcels. To the extent not already accomplished as a
condition precedent to the acceptance by DISTRICT of this Easement, GRANTOR shall
apply for and pursue to completion an application to the County of Sonoma, or, such
other governmental agency having jurisdiction, for the consolidation or merger of any
existing parcels or claimed parcels of the Property into a single parcel. If the parcels
cannot be merged because of their lack of contiguity or for any other reason, GRANTOR
shall pursue and secure such other applicable legal restrictions so that no such existing
parcels or claimed parcels may be separately sold or conveyed from the others or the
property as a whole.
7.
Notice and Approval Procedures. Some uses permitted by this Easement
require that prior written notice be given by GRANTOR to DISTRICT, while other uses
permitted by this Easement require the prior written approval of DISTRICT. Any
activity proposed to be done or undertaken by GRANTOR which requires prior notice or
the prior approval of DISTRICT shall be commenced only after satisfaction of the
requirements of this Section and of Section 18. Notice shall be given or approval
requested by using the appropriate form available at DISTRICT’s offices. DISTRICT
may consider notices and requests for approval in different forms, provided that all
4
necessary information is provided to permit DISTRICT to make an informed judgment as
to the consistency of the GRANTOR’s request with the terms of this Easement.
7.1
Uses/Activities Requiring Notice to DISTRICT. GRANTOR shall
deliver the notice to DISTRICT at least forty-five (45) days prior to the commencement
of any use or practice requiring notification.
7.2
Uses/Activities Requiring Prior Approval from DISTRICT.
DISTRICT shall have forty-five (45) days from the receipt of a complete request for
approval to review the proposed use or practice and to approve, conditionally approve,
approve with modifications, disapprove or otherwise respond to the request. If the
request for approval is approved, conditionally approved or approved with modifications,
the requested use or practice may only be undertaken in accordance with the terms,
conditions and modifications of the approval. DISTRICT’s decision to disapprove a
request for approval shall be supported by a finding that the requested use or practice is
inconsistent with the Conservation Purpose of this Easement or that the request for
approval is incomplete or inaccurate. The approval of the DISTRICT obtained in one
circumstance shall not be deemed or construed to be a waiver by DISTRICT of any
subsequent change in use or practice.
7.3
DISTRICT’s Failure to Respond. Should DISTRICT fail to post its
response to GRANTOR’s request for approval within forty-five (45) days of the receipt
of said notice, GRANTOR shall send a second notice by registered or certified mail.
Should DISTRICT fail to respond to the second notice within ten (10) days of the receipt
thereof, GRANTOR may appeal to DISTRICT's Board of Directors.
7.4
Non-Permitted Uses; DISTRICT’s Approval. In the event
GRANTOR desires to commence a use or practice on the Property which is not expressly
reserved or prohibited in Exhibits B and C or Section 5, GRANTOR shall seek
DISTRICT’s prior written approval of such use or practice in accordance with the
procedure set forth in Section 7.2 above. The exercise of any use or practice pursuant to
a right not expressly reserved in Exhibit B or Section 5 may constitute a breach of this
Easement and be subject to the provisions of Section 13.
8.
Costs and Liabilities Related to the Property.
8.1
Maintenance of the Property. GRANTOR agrees to bear all costs
and liabilities of any kind related to the operation, upkeep, and maintenance of the
Property and does hereby indemnify and hold DISTRICT harmless therefrom. Without
limiting the foregoing, GRANTOR agrees to pay any and all real property taxes, fees,
exactions and assessments and each of them levied or imposed by local, state or federal
authorities on the Property. GRANTOR shall be solely responsible for any costs related
to the maintenance of general liability insurance covering acts on the Property. Except as
5
specifically set forth in Section 9.2 below, DISTRICT shall have no responsibility
whatever for the operation of the Property, the monitoring of hazardous conditions
thereon, or the protection of GRANTOR, the public, or any third parties from risks
relating to conditions on the Property. GRANTOR hereby agrees to indemnify and hold
DISTRICT harmless from and against any damage, liability, claim, or expense (including
attorneys' fees) relating to such matters. Without limiting the foregoing, DISTRICT shall
not be liable to GRANTOR or any other person or entity in connection with consents
given or withheld hereunder, or in connection with any entry upon the Property occurring
pursuant to this Easement, or on account of any claim, liability, damage, or expense
suffered or incurred by or threatened against GRANTOR or any other person or entity,
except as such claim, liability, damage, or expense is the result of DISTRICT'S
negligence, gross negligence, or intentional misconduct.
8.2
Hazardous Materials. Notwithstanding any other provision of this
Easement to the contrary, the parties do not intend and this Easement shall not be
construed such that (1) it creates in DISTRICT the obligations or liabilities of an "owner"
or "operator" as those words are defined and used in environmental laws, as defined
below, including, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (42 United States Code, sections
9601 et seq. and hereinafter "CERCLA") or (2) it creates in DISTRICT the obligations
or liabilities of a person described in 42 United States Code section 9607(a)(3) or (3).
DISTRICT has the right to investigate and remediate any hazardous materials, as defined
below, associated with the Property or (4) DISTRICT has any control over GRANTOR'S
ability to investigate and remediate any hazardous materials associated with the Property.
GRANTOR represents, warrants and covenants to DISTRICT that GRANTOR'S use of
the Property shall comply with all environmental laws as that phrase is defined below.
For the purposes of this Easement:
i. The term "hazardous materials" includes, without limitation, any
flammable explosives, radioactive materials, hazardous materials, hazardous wastes,
hazardous or toxic substances, or related materials defined in CERCLA, the Hazardous
Materials Transportation Act, as amended (49 United States Code sections 1801 et seq.),
the Resource Conservation and Recovery Act of 1976, as amended (42 United States
Code sections 6901 et seq.), sections 25117 and 25316 of the California Health & Safety
Code, and in the regulations adopted and publications promulgated pursuant to them, or
any other federal, state, or local environmental laws, ordinances, rules, or regulations
concerning the environment, industrial hygiene or public health or safety now in effect or
enacted after this date of this Easement.
6
ii. The term "environmental laws" includes, without limitation, any
federal, state, local or administrative agency statute, regulation, rule, ordinance, order or
requirement relating to environmental conditions or hazardous materials.
9.
Indemnities.
9.1
GRANTOR'S Indemnity. GRANTOR shall hold harmless,
indemnify, and defend DISTRICT, its agents, employees, volunteers, successors and
assigns, from and against damages, liabilities, claims and expenses, including reasonable
attorneys' fees, arising from or in any way connected with (i) injury to or the death of any
person, or physical damage to property resulting from any act, omission, condition or
other matter related to or occurring on or about the Property, except as such damage,
liability, claim or expense is the result of the negligence, gross negligence, or intentional
misconduct of DISTRICT (it being the intent of this provision to limit GRANTOR'S
indemnity to the proportionate part of DISTRICT'S damage, liability, claim or expense
for which GRANTOR is responsible); and (ii) the obligations specified in Section 8.
In the event of any claim, demand, or legal complaint against DISTRICT, the right to the
indemnification provided by this Section 9.1 shall not apply to any cost, expense,
penalty, settlement payment, or judgment, including attorneys' fees, incurred prior to
DISTRICT'S written notice of such claim, demand, or legal complaint to GRANTOR,
unless GRANTOR has acquired knowledge of the matter by other means, nor to any
costs, expenses, or settlement payment, including attorneys' fees, incurred subsequent to
that notice unless such cost, expense, or settlement payment shall be approved in writing
by GRANTOR, which approval shall not be unreasonably withheld.
9.2
DISTRICT'S Indemnity. DISTRICT shall hold harmless,
indemnify, and defend GRANTOR, its heirs, devisees, successors and assigns, from and
against all damages, liabilities, claims and expenses, including reasonable attorneys' fees,
arising from or in any way connected with injury to or the death of any person, or
physical damage to any property, resulting from any act, omission, condition, or other
matter related to or occurring on or about the Property and attributable to DISTRICT,
except to the extent that such damage, liability, claim or expense is the result of the
negligence, gross negligence, or intentional misconduct of GRANTOR (it being the
intent of this provision to limit DISTRICT'S indemnity to the proportionate part of
GRANTOR'S damage, liability, claim or expense for which DISTRICT is responsible).
In the event of any claim, demand, or legal complaint against GRANTOR, the right to the
indemnification provided by this Section 9.2 shall not apply to any cost, expense,
penalty, settlement payment, or judgment, including attorneys' fees, incurred prior to
GRANTOR'S written notice of such claim, demand, or legal complaint to DISTRICT,
nor to any costs, expenses, or settlement payment, including attorneys' fees, incurred
subsequent to that notice unless such cost, expense, or settlement payment shall be
approved in writing by DISTRICT, which approval shall be in DISTRICT'S sole
discretion. DISTRICT hereby also agrees to hold harmless, indemnify and defend
7
GRANTOR from and against all damages, liabilities, claims and expenses, including
attorneys' fees, asserted against GRANTOR by any officer, agent, employee, or volunteer
of DISTRICT, for personal injury and/or property damage arising out of any inspection
or visit to the Property by any such officer, agent, employee or volunteer of DISTRICT,
except to the extent that such injury is attributable to the negligence, intentional act or
willful misconduct of GRANTOR.
10.
Public Access to the Property. Nothing in this Easement shall be
construed to preclude GRANTOR's right to grant access to third parties across the
Property, provided that such access is allowed in a reasonable manner and is consistent
with the Conservation Purpose of this Easement and so long as such activity is
undertaken subject to the terms and conditions of this Easement.
11.
Interpretation and Construction. To the extent that this Easement may be
uncertain or ambiguous such that it requires interpretation or construction, then it shall be
interpreted and construed in such a way that meets the Conservation Purpose of this
Easement. It is the intention of the parties that any interpretation or construction shall
promote the Conservation Purpose of this Easement.
12.
Baseline Documentation for Enforcement. District acknowledges that the
present uses of the Property are consistent with the Conservation Purpose of this
Easement. In order to establish the present condition of the Property, DISTRICT has
prepared a Baseline Documentation Report which will be maintained on file with
DISTRICT and which is intended to serve as an objective information baseline for
monitoring compliance with the terms of this Easement. The parties agree that the
Baseline Documentation Report provides an accurate representation of the Property at the
time of the execution of this Easement.
13.
Remedies for Breach.
13.1 DISTRICT's Remedies. In the event of a violation or threatened
violation of any term, condition, covenant, or restriction contained in this Easement,
DISTRICT may, following notice to GRANTOR, which notice shall contain a reasonable
and specific cure period, institute a suit to enjoin and/or recover damages for such
violation and/or to require the restoration of the Property to the condition that existed
prior to such violation. The notice shall be a general written notification of the condition
claimed by the DISTRICT to be a violation that is either mailed or otherwise delivered by
DISTRICT to GRANTOR. If DISTRICT reasonably determines that circumstances
require immediate action to prevent or mitigate damage to the values protected by this
Easement, DISTRICT may pursue its remedies under this paragraph without waiting for
the cure period to expire, and shall have the right, upon the giving of 24 hours' notice, to
enter the Property for the purpose of assessing damage or threat to the Conservation
Values protected by this Easement and determining the nature of curative or mitigation
8
actions that should be taken. DISTRICT's rights under this Section apply equally in the
event of either actual or threatened violations of the terms of this Easement, and
GRANTOR agrees that DISTRICT's remedies at law for any violation of the terms of this
Easement are inadequate and that DISTRICT shall be entitled to the injunctive relief
described herein, both prohibitive and mandatory, in addition to such other relief,
including damages, to which DISTRICT may be entitled, including specific performance
of the terms of this Easement, without the necessity of proving either actual damages or
the inadequacy of otherwise available legal remedies.
13.2 DISTRICT'S Discretion. Enforcement of the terms of this
Easement shall be at the sole discretion of DISTRICT, and any forbearance by
DISTRICT to exercise its rights under this Easement in the event of any breach of any
term of this Easement by GRANTOR shall not be deemed or construed to be a waiver by
DISTRICT of such term or of any subsequent breach of the same or any other term of
this Easement. Any failure by DISTRICT to act shall not be deemed a waiver or
forfeiture of DISTRICT'S right to enforce any term, condition, covenant, or purpose of
this Easement in the future.
13.3 Liquidated Damages. Inasmuch as the actual damages resulting
from the loss or depreciation of the Conservation Values of the Property and caused by
its breach by GRANTOR are uncertain and would be impractical or extremely difficult to
measure, the parties agree that the damages allowed by Civil Code section 815.7(c) shall
be measured as follows:
(a) For an improvement prohibited by this Easement, an amount
equal to the product of (i) the market value of the improvement, (ii) the length of time
that the improvement exists on the Property (in terms of years), and (iii) the then current
annual interest rate for post judgment interest; and
(b) For an activity or change in use prohibited by this Easement,
whether or not it involves an improvement, an amount equal to any economic gain
realized by GRANTOR because of the activity or change in use; and
(c) For an activity or change in use prohibited by this Easement,
whether or not it involves an improvement and where there is no measurable economic
gain realized by GRANTOR, the product of (i) the cost of restoration, as set forth in a
written estimate by a qualified person selected by DISTRICT, (ii) the length of time that
the prohibited activity or use continues (in terms of years) and (iii) the then current
annual interest rate for post judgment interest.
13.4 GRANTOR'S Compliance. If DISTRICT, in the notice to
GRANTOR, demands that GRANTOR remove an improvement, discontinue a use or
9
both and claims the damages allowed by Civil Code section 815.7(c), then GRANTOR
may mitigate damages by fully complying with DISTRICT'S notice within the cure
period provided therein. In the event of litigation arising out of the notice, brought either
by GRANTOR or by DISTRICT, in which GRANTOR prevails, then GRANTOR shall
be entitled to economic damages; provided, however, that neither DISTRICT nor
GRANTOR shall be entitled to damages where DISTRICT has not claimed damages in
its notice.
13.5 Remedies Nonexclusive. The remedies set forth in this Section 13
are not intended to displace any other remedy available to either party as provided by this
Easement, Civil Code sections 815 et seq. or any other applicable local, state or federal
law.
14.
Acts Beyond GRANTOR'S Control. Nothing contained in this Easement
shall be construed to entitle DISTRICT to bring any action against GRANTOR for any
injury to or change in the Property resulting from causes beyond GRANTOR'S control,
including, without limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by GRANTOR under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resulting from such causes so long as such action, to the
extent that GRANTOR has control, is designed and carried out in such a way as to
further the Conservation Purpose of this Easement.
15.
Condemnation. In the event that the Property or some portion thereof is
condemned for public use by an entity other than DISTRICT, the market value for
purposes of just compensation shall be determined as though this Easement did not exist
and GRANTOR and DISTRICT shall share the compensation on the following basis:
GRANTOR 5% and DISTRICT 95%. These percentages are derived from the
purchase price paid for the fee title of the property before being encumbered by the
conservation easement. In the apportionment of the proceeds from an eminent domain
proceeding, an adjustment shall be made in GRANTOR's favor for any increase in value
after the date of this Easement that is attributable to improvements; provided such
increase in value is earned through GRANTOR's efforts and is not the result of value
added by this easement, the passage of time or other passive means; and provided,
further, that such increase in value is not the result of activities constituting a breach of
this Easement.
16.
Agreement to Bind Successors. The Easement herein granted shall be a
burden upon and shall continue as a restrictive covenant and equitable servitude running
in perpetuity with the Property and shall bind GRANTOR, GRANTOR's heirs, personal
representatives, lessees, executors, all persons claiming under GRANTOR, and
GRANTOR’s successors, including but not limited to purchasers at tax sales, and assigns
forever. The parties intend that this Easement shall benefit and burden, as the case may
10
be, their respective successors, assigns, heirs, executors, administrators, agents,
employees, and all other persons claiming by or through them pursuant to the common
and statutory law of the State of California, including, inter alia, Civil Code sections
815-816.
17.
Subsequent Deeds and Leases. GRANTOR agrees that a clear reference to
this Easement will be made in any subsequent deed, or other legal instrument, by means
of which any interest in the Property (including, but not limited to, a leasehold interest) is
conveyed, that GRANTOR will attach a copy of this Easement to any such instrument,
and that GRANTOR will notify DISTRICT in writing ten (10) days prior to any such
conveyance. These obligations of GRANTOR shall not be construed as a waiver or
relinquishment by DISTRICT of rights created in favor of DISTRICT by this Easement.
18.
Notices. All notices, (including requests, demands, approvals, or
communications) under this Easement shall be in writing.
18.1 Method of Delivery. Notice shall be sufficiently given for all
purposes as follows:
(a) When personally delivered to the recipient, notice is effective on
delivery.
(b) When mailed first class to the last address of the recipient known
to the party giving notice, notice is effective on delivery.
(c) When mailed by certified mail with return receipt requested,
notice is effective on receipt if delivery is confirmed by a return receipt.
(d) When delivered by overnight delivery with charges prepaid or
charged to the sender’s account, notice is effective on delivery if delivery is confirmed by
the delivery service.
(e) When sent by telex or fax to the last telex or fax number of the
recipient known to the party giving notice, notice is effective on receipt as long as (1) a
duplicate copy of the notice is promptly given by first-class or certified mail or by
overnight delivery or (2) the receiving party delivers a written confirmation of receipt.
Subject to the foregoing requirements, any notice given by telex or fax shall be
considered to have been received on the next business day if it is received after 5 p.m.
(recipient’s time) or on a nonbusiness day.
18.2 Refused, Unclaimed, or Undeliverable Notices. Any correctly
addressed notice that is refused, unclaimed, or undeliverable because of an act or
omission of the party to be notified shall be considered to be effective as of the first date
that the notice was refused, unclaimed, or considered undeliverable by the postal
authorities, messenger, or overnight delivery service.
11
18.3
Addresses. Addresses for purposes of giving notice are set forth
below:
To GRANTOR:
Dianne Thompson, City Manager
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
To DISTRICT:
Andrea Mackenzie, General Manager
Sonoma County Agricultural Preservation
and Open Space District
747 Mendocino Avenue
Santa Rosa, CA 95401
19.
Entire Agreement; Severability. This instrument sets forth the entire
agreement of the parties with respect to the Easement and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Easement, all of
which are merged herein. No alteration or variation of this instrument shall be valid or
binding unless contained in a written amendment executed by GRANTOR and
DISTRICT and recorded by the Sonoma County Recorder. In the event any provision of
this Easement is determined by the appropriate court to be void and unenforceable, all
remaining terms and conditions will remain valid and binding.
20.
Estoppel Certificates. DISTRICT shall, at any time during the existence of
the Easement, upon not less than thirty (30) days' prior written notice from GRANTOR,
execute and deliver to GRANTOR a statement in writing certifying that the Easement is
unmodified and in full force and effect (or, if modified, stating the date of execution and
date of recording of the respective amendment) and acknowledging that there is not, to
DISTRICT'S knowledge, any default by GRANTOR hereunder, or, if DISTRICT alleges
a default by GRANTOR, specifying such default. DISTRICT’s obligation to deliver the
statement of certification is conditioned on GRANTOR’s reimbursing DISTRICT for all
costs and expenses reasonably and necessarily incurred in its preparation as determined
by DISTRICT’s General Manager.
12
IN WITNESS WHEREOF, GRANTOR and DISTRICT have executed this Easement
day of
, 20__.
this
GRANTOR:
By: ______________________________
Dianne Thompson, City Manager
CITY OF COTATI
(The signatory warrants and represents to
DISTRICT that she has been authorized by the
City n to execute this Agreement)
DISTRICT:
By
Mike Kerns, President of the Board of Directors
ATTEST:
Robert Deis, Clerk of the Board of
Directors
[ACKNOWLEDGEMENTS]
13
EXHIBIT B
PERMITTED USES AND PRACTICES
The following uses and practices, though not necessarily an exhaustive recital of consistent uses
and practices, are permitted under this Agreement, provided that they are undertaken in
accordance with the terms and provisions of this Agreement and that all applicable governmental
approvals and permits are properly obtained and followed:
1. Consistent Uses: To use or lease the Property consistent with the Conservation Purpose of
this Agreement.
2. Residential Uses: To use or lease the existing farmhouse and water tower on the Property for
residential or caretaking uses, consistent with the Conservation Purpose of this Agreement.
3. Recreational Uses: To utilize the Property for low intensity recreational or educational
purposes, including, but not limited to, hiking, nature study, picnicking, and establishment of
public trails. Any activities as provided for in this Paragraph which result in significant
surface alteration or development of the land require the approval of DISTRICT.
4. Agricultural Uses: To utilize the Property for appropriate agricultural uses including a
community garden or small farm for the cultivation of vegetables, flowers, berries and other
seasonal fruits, and fruit and nut trees, low-intensity livestock grazing, and poultry
production.
5. Historic Uses: To utilize the existing farmhouse, and/or water tower and barns on the
Property for a museum and other educational activities related to the rural, agricultural
traditions of the Property.
6. Construction of Structures and Other Improvements: GRANTOR may undertake
construction, reconstruction, or other improvement of the Property only as provided below:
a. Construction. To construct, erect or place non-residential structures and improvements
in connection with the historic uses, low intensity recreational and educational uses and
active agricultural uses, water supply, or water quality activities and uses as provided in
this Agreement, including, but not limited to, picnic tables, trail improvements, restroom
facilities, water supply/quality facilities, and additional barns and a 1,000 square foot
museum structure, provided, however, that new structures are constructed or placed in
close proximity of the existing farmhouse residence and barns and the total sum of the
land area covered with existing and new structures does not exceed more than 7,000
square feet. No structure on the Property shall exceed 24 feet in height. GRANTOR
shall deliver to DISTRICT written request for approval of such construction, erection or
placement in accordance with the provisions set forth in this Agreement. DISTRICT’s
approval shall specifically consider design and location and shall be based upon its
finding that the proposed construction, erection or placement is consistent with the
conservation purpose of this Agreement. Additional boundary fencing deemed by
GRANTOR to be reasonably necessary may be constructed without DISTRICT’s
consent. Such fencing shall be constructed to allow visibility.
B-1
Falletti Farm – Permitted Uses
08/20/08
b. Replacement of Improvements. In the event of destruction, deterioration or
obsolescence of any improvements conforming to the requirements of this Agreement,
whether existing at the date hereof or constructed subsequently pursuant to the provisions
of this Agreement, GRANTOR may replace same with ones of similar size, function,
capacity and location, provided that GRANTOR obtains the prior written approval of
DISTRICT in accordance with the provisions set forth in Paragraph 5 of this Agreement.
In the event of destruction, deterioration or obsolescence of any fences or other similar
improvements, whether existing at the date hereof or constructed subsequently pursuant
to the provisions of this Agreement, GRANTOR may replace same with ones of similar
size, function, capacity and location, without prior notice to or approval by DISTRICT,
provided, however, that such replacement is consistent with the Conservation Purpose of
this Agreement.
c. Maintenance and Repair of Improvements. To maintain, repair and restore
improvements on the Property without prior notice to or approval by DISTRICT
provided, however, that such, maintenance and repair is consistent with the Conservation
Purpose of this Agreement.
7. Water Resources: To develop new springs or wells; with the approval of DISTRICT, to
develop sewage disposal leaching systems and additional water storage facilities associated
with the recreational activities as provided in this Agreement, provided however, that such
facilities are located so as to minimize visual impacts. Such uses further shall be developed
in a manner consistent with the conservation purpose of this Agreement.
8. Signs: To place signage on the Property associated with permitted recreational or educational
purposes, the size of which shall individually not exceed two (2) square feet, and one sign to
identify the Property which shall not exceed twenty-four (24) square feet.
9. Easements: To continue use of existing easements of record granted prior to this Agreement.
Modifications to easements of record as of this date and subsequent easement requests from
GRANTOR or third parties require the approval of DISTRICT in accordance with the
provisions set forth in Paragraph 5 of this Agreement. New easements may only be granted
where they will remove or significantly lessen the impact of existing easements of record on
the protected values set forth in the conservation purpose of this Agreement. It is the primary
duty of the GRANTOR to enforce the limiting provisions of new easements and easements of
record granted prior to this Agreement.
10. Animal Control: To control predatory and problem animals by the use of selective control
techniques consistent with policies promulgated by the Sonoma County Agricultural
Commissioner and other governmental entity having jurisdiction.
11. Restoration and Enhancement: To undertake conservation practices which promote soil
stabilization and reduce erosion in accordance with sound, generally accepted practices.
Approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this
Agreement is required when conservation practices involve significant surface alteration.
B-2
08/20/08
12. Fire Management: To undertake vegetation management activities for the purpose of fire
control and/or natural resource management and promotion of biodiversity. Such methods
may include prescriptive burning, limited grazing or limited brush removal on the Property.
DISTRICT shall receive prior notification of such activities.
13. Removal of Non-Native Plants: To remove invasive, non-native plant species that threaten
or impede the growth of native species.
B-3
08/20/08
EXHIBIT C
PROHIBITED USES AND PRACTICES
The following uses and practices, though not necessarily an exhaustive recital of inconsistent
uses and practices, are inconsistent with the purposes of this Agreement and shall be prohibited
upon or within the Property:
1. Impairment of Conservation Purpose: To impair the conservation purpose, except as
otherwise expressly provided in this Agreement.
2. Other Uses: To establish any residential, agricultural, commercial or industrial activity or
use, except as provided for in Exhibit B.
3. Signs: To construct, place, or erect any sign or billboard except as provided in Paragraph 7
of Exhibit “B”.
4. Construction: To construct, reconstruct, or replace any structure or improvement except as
provided in Exhibit "B."
5. Motorized Vehicles: To use motorized vehicles, except by GRANTOR or others under
GRANTOR'S control, for permitted property management activities, for recreational,
resource management or water supply or water quality activities, for inspections by
DISTRICT, for emergency and fire control purposes, and for uses pursuant to deeded rights
that pre-date this agreement. To use motorized vehicles off roads except when necessary for
emergency or fire control purposes.
6. Dumping: To dump or accumulate trash, ashes, garbage, waste, inoperative vehicles or
other unsightly material on the Property.
7. Water and Soil Degradation: To cause degradation of or erosion of the soil, or pollution of
any surface or subsurface waters.
8. Storage of Equipment and Materials: To store work materials which may be visible from
public roadways such as pipes, culverts, fencing, heavy equipment and the like, except while
work is in progress and not for any period exceeding ninety (90) days.
9. Utilities: To install new above-ground utility systems within pre-existing or new easements,
including, without limitation, water, sewer, power, fuel and communication lines and related
facilities and equipment, except to serve recreational, water supply water quality and/ or
property management activities or uses as provided in this Agreement. New easements may
only be granted where they will remove and significantly lessen the impact of pre-existing
easements on the conservation purpose of the Agreement.
10. Surface Alteration or Excavation: To alter the contour of the Property in any manner
whatsoever including, but not limited to, excavating or removing soil, sand, gravel, rock, peat
C-1
Falletti Farm – Prohibited Uses
08/20/08
or sod, except in connection with public outdoor recreation, habitat restoration or
enhancement activities and uses as provided in this Agreement and subject to approval of
11. Mining: To explore, develop, or extract minerals or hydrocarbons by any mining method,
surface or otherwise.
12. Tree Removal: To remove or destroy any native trees; provided, however, that GRANTOR
shall have the right to cut or remove trees as reasonably necessary to control insects and
diseases, prevent personal injury and property damage, and to allow construction or repair of
recreational structures and improvements.
13. Hunting: To hunt, trap or otherwise willfully kill wildlife for food or sport.
C-2
08/20/08
EXHIBIT B
PERMITTED USES AND PRACTICES
The following uses and practices, though not necessarily an exhaustive recital of consistent uses
and practices, are permitted under this Agreement, provided that they are undertaken in
accordance with the terms and provisions of this Agreement and that all applicable governmental
approvals and permits are properly obtained and followed:
1. Consistent Uses: To use or lease the Property consistent with the Conservation Purpose of
this Agreement.
2. Residential Uses: To use or lease the existing farmhouse and water tower on the Property for
residential or caretaking uses, consistent with the Conservation Purpose of this Agreement.
3. Recreational Uses: To utilize the Property for low intensity recreational or educational
purposes, including, but not limited to, hiking, nature study, picnicking, and establishment of
public trails. Any activities as provided for in this Paragraph which result in significant
surface alteration or development of the land require the approval of DISTRICT.
4. Agricultural Uses: To utilize the Property for appropriate agricultural uses including a
community garden or small farm for the cultivation of vegetables, flowers, berries and other
seasonal fruits, and fruit and nut trees, low-intensity livestock grazing, and poultry
production.
5. Historic Uses: To utilize the existing farmhouse, and/or water tower and barns on the
Property for a museum and other educational activities related to the rural, agricultural
traditions of the Property.
6. Construction of Structures and Other Improvements: GRANTOR may undertake
construction, reconstruction, or other improvement of the Property only as provided below:
a. Construction. To construct, erect or place non-residential structures and improvements
in connection with the historic uses, low intensity recreational and educational uses and
active agricultural uses, water supply, or water quality activities and uses as provided in
this Agreement, including, but not limited to, picnic tables, trail improvements, restroom
facilities, water supply/quality facilities, and additional barns and a 1,000 square foot
museum structure, provided, however, that new structures are constructed or placed in
close proximity of the existing farmhouse residence and barns and the total sum of the
land area covered with existing and new structures does not exceed more than 7,000
square feet. No structure on the Property shall exceed 24 feet in height. GRANTOR
shall deliver to DISTRICT written request for approval of such construction, erection or
placement in accordance with the provisions set forth in this Agreement. DISTRICT’s
approval shall specifically consider design and location and shall be based upon its
finding that the proposed construction, erection or placement is consistent with the
conservation purpose of this Agreement. Additional boundary fencing deemed by
GRANTOR to be reasonably necessary may be constructed without DISTRICT’s
consent. Such fencing shall be constructed to allow visibility.
B-1
08/20/08
b. Replacement of Improvements. In the event of destruction, deterioration or
obsolescence of any improvements conforming to the requirements of this Agreement,
whether existing at the date hereof or constructed subsequently pursuant to the provisions
of this Agreement, GRANTOR may replace same with ones of similar size, function,
capacity and location, provided that GRANTOR obtains the prior written approval of
In the event of destruction, deterioration or obsolescence of any fences or other similar
improvements, whether existing at the date hereof or constructed subsequently pursuant
to the provisions of this Agreement, GRANTOR may replace same with ones of similar
size, function, capacity and location, without prior notice to or approval by DISTRICT,
provided, however, that such replacement is consistent with the Conservation Purpose of
this Agreement.
c. Maintenance and Repair of Improvements. To maintain, repair and restore
improvements on the Property without prior notice to or approval by DISTRICT
provided, however, that such, maintenance and repair is consistent with the Conservation
Purpose of this Agreement.
7. Water Resources: To develop new springs or wells; with the approval of DISTRICT, to
develop sewage disposal leaching systems and additional water storage facilities associated
with the recreational activities as provided in this Agreement, provided however, that such
facilities are located so as to minimize visual impacts. Such uses further shall be developed
in a manner consistent with the conservation purpose of this Agreement.
8. Signs: To place signage on the Property associated with permitted recreational or educational
purposes, the size of which shall individually not exceed two (2) square feet, and one sign to
identify the Property which shall not exceed twenty-four (24) square feet.
9. Easements: To continue use of existing easements of record granted prior to this Agreement.
Modifications to easements of record as of this date and subsequent easement requests from
GRANTOR or third parties require the approval of DISTRICT in accordance with the
provisions set forth in Paragraph 5 of this Agreement. New easements may only be granted
where they will remove or significantly lessen the impact of existing easements of record on
the protected values set forth in the conservation purpose of this Agreement. It is the primary
duty of the GRANTOR to enforce the limiting provisions of new easements and easements of
record granted prior to this Agreement.
10. Animal Control: To control predatory and problem animals by the use of selective control
techniques consistent with policies promulgated by the Sonoma County Agricultural
Commissioner and other governmental entity having jurisdiction.
11. Restoration and Enhancement: To undertake conservation practices which promote soil
stabilization and reduce erosion in accordance with sound, generally accepted practices.
Approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this
Agreement is required when conservation practices involve significant surface alteration.
B-2
08/20/08
12. Fire Management: To undertake vegetation management activities for the purpose of fire
control and/or natural resource management and promotion of biodiversity. Such methods
may include prescriptive burning, limited grazing or limited brush removal on the Property.
DISTRICT shall receive prior notification of such activities.
13. Removal of Non-Native Plants: To remove invasive, non-native plant species that threaten
or impede the growth of native species.
B-3
08/20/08
EXHIBIT C
PROHIBITED USES AND PRACTICES
The following uses and practices, though not necessarily an exhaustive recital of inconsistent
uses and practices, are inconsistent with the purposes of this Agreement and shall be prohibited
upon or within the Property:
1. Impairment of Conservation Purpose: To impair the conservation purpose, except as
otherwise expressly provided in this Agreement.
2. Other Uses: To establish any residential, agricultural, commercial or industrial activity or
use, except as provided for in Exhibit B.
3. Signs: To construct, place, or erect any sign or billboard except as provided in Paragraph 7
of Exhibit “B”.
4. Construction: To construct, reconstruct, or replace any structure or improvement except as
provided in Exhibit "B."
5. Motorized Vehicles: To use motorized vehicles, except by GRANTOR or others under
GRANTOR'S control, for permitted property management activities, for recreational,
resource management or water supply or water quality activities, for inspections by
DISTRICT, for emergency and fire control purposes, and for uses pursuant to deeded rights
that pre-date this agreement. To use motorized vehicles off roads except when necessary for
emergency or fire control purposes.
6. Dumping: To dump or accumulate trash, ashes, garbage, waste, inoperative vehicles or
other unsightly material on the Property.
7. Water and Soil Degradation: To cause degradation of or erosion of the soil, or pollution of
any surface or subsurface waters.
8. Storage of Equipment and Materials: To store work materials which may be visible from
public roadways such as pipes, culverts, fencing, heavy equipment and the like, except while
work is in progress and not for any period exceeding ninety (90) days.
9. Utilities: To install new above-ground utility systems within pre-existing or new easements,
including, without limitation, water, sewer, power, fuel and communication lines and related
facilities and equipment, except to serve recreational, water supply water quality and/ or
property management activities or uses as provided in this Agreement. New easements may
only be granted where they will remove and significantly lessen the impact of pre-existing
easements on the conservation purpose of the Agreement.
10. Surface Alteration or Excavation: To alter the contour of the Property in any manner
whatsoever including, but not limited to, excavating or removing soil, sand, gravel, rock, peat
C-1
08/20/08
or sod, except in connection with public outdoor recreation, habitat restoration or
enhancement activities and uses as provided in this Agreement and subject to approval of
11. Mining: To explore, develop, or extract minerals or hydrocarbons by any mining method,
surface or otherwise.
12. Tree Removal: To remove or destroy any native trees; provided, however, that GRANTOR
shall have the right to cut or remove trees as reasonably necessary to control insects and
diseases, prevent personal injury and property damage, and to allow construction or repair of
recreational structures and improvements.
13. Hunting: To hunt, trap or otherwise willfully kill wildlife for food or sport.
C-2
08/20/08
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of
_______________, (“Effective Date”), is entered into by and between Jennie M. Falletti,
surviving Trustee of the Alfred Falletti and Jennie M. Falletti 1990 Trust, and Barbara J.
Morrow, Trustee of the Barbara J. Morrow 2003 Revocable Trust (collectively, “Sellers”), and
the City of Cotati, a public body, corporate and politic (“Buyer”). Sellers and Buyer are
hereinafter collectively referred to as the “Parties.”
RECITALS
WHEREAS, Sellers are the owners of that certain real property in Sonoma County,
California, consisting of 4.37 acres known as Assessor Parcel Number 144-250-008, located at
175 W. Sierra Avenue in the City of Cotati, as more particularly described in Exhibit A attached
hereto and incorporated herein by this reference (the “Land”); and
WHEREAS, in accordance with the terms and conditions contained herein, Buyer
desires to purchase, and Sellers desire to sell, the Land together with all improvements located
thereon and all easements, hereditaments, and appurtenances belonging to or inuring to the
benefit of Sellers and pertaining to the Land (all of the foregoing collectively hereinafter, the
“Property”); and
WHEREAS, the Sonoma County Agricultural Preservation and Open Space District (the
“District”), a public body, is providing a grant in the amount of Three Million One Hundred
Thirty Five Thousand Dollars ($3,135,000) (the “District Grant”) to Buyer toward the purchase
price for the Property; and
WHEREAS, Sellers and Buyer acknowledge that Buyer’s purchase of the Property is
contingent upon all approvals being obtained for the District Grant and on the contribution of the
District Grant toward the purchase price for the Property.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows.
1.
Purchase. Subject to the District’s contribution of the District Grant, Sellers
shall sell to Buyer, and Buyer shall purchase from Sellers, the Property in accordance with the
terms, covenants and conditions set forth herein.
2.
Purchase Price. The purchase price for the Property (“Purchase Price”) shall be
Three Million Three Hundred Thousand Dollars ($3,300,000).
3.
Conveyance of Title; Closing. At the close of escrow, Sellers shall convey by
Grant Deed, substantially in the form of Exhibit B, to Buyer marketable fee simple title to the
1127941.5
1
Property, free and clear of all recorded and unrecorded liens, encumbrances, assessments, and
taxes except: Exception numbers 1, 2, 3, 4, 5 and 6 as shown on that certain preliminary title
report dated July 29, 2008, issued by the Fidelity National Title Company for the Property.
Unless this Agreement is terminated pursuant to the terms hereof or extended by mutual written
consent of the Parties, the closing date for conveyance of the Property (“Closing Date”) shall be
a date mutually agreeable to the Parties. On the Closing Date: (i) Sellers shall execute and
deliver the Grant Deed to Buyer; (ii) Buyer shall execute a Certificate of Acceptance for the
Grant Deed substantially in the form of Exhibit C, (iii) Buyer shall cause the Grant Deed to be
recorded in the official records of Sonoma County, California. and (iv) Buyer shall deliver or
cause to be delivered no later than one (1) day before the Closing Date the Purchase Price as
adjusted by any prorations between the Parties. Possession of the Property shall be delivered to
Buyer on the Closing Date.
4.
Prorations. Property taxes or payments in lieu of taxes (if any are applicable to
the Property) shall be prorated as of the Closing Date based upon the most recent tax bill
available, including any such payments which may accrue or property taxes which may be
assessed after the Closing Date but which pertain to the period prior to the transfer of title to the
Property to Buyer, regardless of when or to whom notice thereof is delivered. Any bond or
assessment that constitutes a lien on the Property as of the Closing Date shall be assumed by
Buyer. Rents payable under any leases existing prior to the Closing Date, and any utility and
sewer service charges shall be prorated as of the Closing Date.
5.
AS-IS Sale. Buyer acknowledges and agrees that: (i) prior to the Closing Date in
Buyer’s discretion, Buyer shall inspect the Property and examine the legal, environmental,
zoning, land use, seismic, title, survey and physical characteristics and condition of the Property;
(ii) by purchasing the Property, Buyer shall be deemed to have approved of all such
characteristics and conditions; (iii) the Property is to be purchased, conveyed to, and accepted by
Buyer in its present condition, “AS IS”, “WHERE IS” AND WITH ALL FAULTS, and no
patent or latent defect or deficiency in the condition of the Property whether or not known or
discovered, shall affect the rights of either Sellers or Buyer hereunder, nor shall the Purchase
Price be reduced as a consequence thereof.
6.
Sellers’ Covenants. Sellers covenant that from the Effective Date and through
the Closing Date, Sellers: (i) shall not permit any liens, encumbrances, or easements to be placed
on the Property without the consent of Buyer; (ii) shall not enter into any agreement regarding
the sale, rental, management, repair, improvement, or any other matter affecting the Property that
would be binding on Buyer or the Property after the Closing Date without the prior written
consent of Buyer; (iii) shall not permit any act of waste or act that would tend to diminish the
value of the Property for any reason, except that caused by ordinary wear and tear; and (iv) shall
maintain the Property in its condition as of the Effective Date, ordinary wear and tear excepted.
7.
Buyer’s Construction of Fence. Buyer agrees to design and construct a block
wall fence separating the Land from the adjoining 0.63-acre parcel on which residential
improvements owned by Jennie M. Falletti are located. The design and choice of materials shall
1127941.5
2
be subject to Sellers’ reasonable approval and the fence shall be constructed within sixty (60)
days of the close of escrow on the Property, unless the Parties mutually agree to a later time for
construction.
8.
Damage and Destruction. In the event of any damage or other loss to the
Property, or any portion thereof, caused by fire, flood or other casualty prior to the Closing Date
in an amount not exceeding Fifty Thousand Dollars ($50,000), Buyer shall not be entitled to
terminate this Agreement, but shall be obligated to purchase the Property as provided in this
Agreement, without abatement in the Purchase Price, provided that Sellers shall: (i) assign and
transfer to Buyer all of Sellers’s rights under any insurance policy covering the damage or loss,
and all claims for monies payable from Sellers’ insurer(s) in connection with the damage or loss,
and (ii) pay to Buyer on the Closing Date the amount of Sellers’ deductible under the insurance
policy or policies covering the damage or loss. In the event of damage or destruction of the
Property or any portion thereof prior to the Closing Date in an amount in excess of Fifty
Thousand Dollars ($50,000), Buyer may elect either to terminate this Agreement upon written
notice to Sellers, or to consummate the purchase of the Property, in which case Sellers shall (i)
assign and transfer to Buyer all of Sellers’ rights under any insurance policy covering the
damage or loss, and all claims for monies payable from Sellers’ insurer(s) in connection with the
damage or loss, and (ii) pay to Buyer on the Closing Date the amount of Sellers’ deductible
under the insurance policy or policies covering the damage or loss. If Buyer elects to terminate
this Agreement, all funds and documents, if any, deposited into escrow by or on behalf of Buyer
shall be returned to Buyer, and all rights and obligations hereunder shall terminate.
9.
Condemnation. If prior to Close of Escrow, a material portion of the Property is
taken by eminent domain (or an action of eminent domain has been commenced against all or
any portion of the Property) (excluding for purposes of this Section, the exercise of any eminent
domain powers by the Buyer, upon Sellers’ receipt of notice thereof Sellers shall promptly notify
Buyer of such fact, and Buyer shall have the option to terminate this Agreement upon notice to
Sellers given not later than ten (10) days after Buyer’s receipt of Sellers’ notice. If Buyer elects
to terminate this Agreement, all funds and documents deposited into escrow by or on behalf of
Buyer shall be returned to Buyer, and all rights and obligations hereunder shall terminate.
If Buyer does not exercise such option to terminate this Agreement, Sellers shall assign
to Buyer on the Closing Date, and Buyer shall be entitled to negotiate for, receive, and keep, all
awards, and rights to receive future awards, for such taking by eminent domain, and the
transaction contemplated by this Agreement shall be consummated pursuant to the terms hereof,
without any reduction of the Purchase Price.
10.
Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written notice
delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
1127941.5
3
(ii) certified or registered mail, return receipt requested, in which case notice shall
be deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to
the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the
delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or
certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the
accurate transmission thereof. Any notice given by facsimile shall be considered to have been
received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.
To Sellers:
Jennie M. Falletti
P.O. Box 23
Cotati, California 94931
Barbara J. Morrow
4391 Whispering Oak Circle
Granite Bay, California 95746
To Buyer:
City of Cotati
Cotati, California 94931-4217
Attention: City Manager
11.
No Brokers. Each Party hereby represents and warrants to the other Party that it
has retained no broker or other party to whom a commission or finder's fee is due with respect to
the transactions contemplated hereby. Each Party shall defend, indemnify and hold the other
Party harmless from and against all claims, expenses, costs, or arising in connection with a
breach of this warranty and representation. The terms of this Section shall survive the expiration
or earlier termination of this Agreement.
12.
Attorneys' Fees. If either Party fails to perform any of its obligations under this
Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation
of any provision hereof, then the prevailing party in any proceeding in connection with such
dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or
establishing its rights hereunder, including, without limitation, court costs and reasonable
attorneys' fees and disbursements.
13.
Entire Agreement. This Agreement, together with Exhibits A through C,
constitutes the entire agreement of the Parties with respect to the subject matter hereof and
supersedes all prior negotiations and agreements with respect thereto.
1127941.5
4
14.
No Merger. The obligations stated herein that are intended to operate after the
Closing shall not merge with the transfer of title to the Property but shall remain in effect until
fulfilled as provided herein.
15.
Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of
laws.
16.
Interpretation; Captions. The section headings used herein are solely for
convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this
Agreement is the product of negotiation and compromise on the part of both Parties, and the
Parties agree, that since both Parties have participated in the negotiation and drafting of this
Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather
according to its fair meaning as a whole, as if both Parties had prepared it.
17.
Exhibits. Exhibits A through C attached hereto are incorporated herein by this
reference and made a part of this Agreement.
18.
No Third Party Beneficiaries. Nothing contained in this Agreement is intended
by the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties
or by any third person, to be for the benefit of any third party, nor shall any third party have any
right to enforce any provision of this Agreement or be entitled to damages for any breach by
Buyer or Sellers of any of the provisions of this Agreement.
19.
Amendments. This Agreement may be modified or amended only by an
instrument in writing executed by both Buyer and Sellers.
20.
Assignment Prohibited. This Agreement and the rights conferred hereunder
may not be assigned by operation of law or otherwise absent the express written consent of the
Parties.
21.
Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original, and all of which taken together shall constitute one agreement.
22.
Further Assurances. Buyer and Sellers each agree to undertake such other
actions as may reasonably be necessary to carry out the intent of this Agreement, including
without limitation, the execution and/or recordation of any additional documents which may be
required to effectuate the transactions contemplated hereby.
23.
Severability. If any term, provision, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall continue in full force and effect unless the rights and obligations of the Parties have been
materially altered or abridged thereby.
1127941.5
5
24.
Non-Liability of Officials, Employees and Agents. No member, official,
employee or agent of Buyer shall be personally liable in the event of any default or breach
hereunder by either Party.
SIGNATURES ON FOLLOWING PAGE.
1127941.5
6
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
"SELLERS"
JENNIE M. FALLETTI
__________________________________
BARBARA J. MORROW
__________________________________
"BUYER"
CITY OF COTATI
By: __________________________________
Its: __________________________________
1127941.5
7
Exhibit A
Legal Description
1113855.1
A-1
LEGAL DESCRIPTION
Title No. 08-490108927-B
Locate No. CAFNT0949-0949-0001- 490108927
LEGAL DESCRIPTION
EXHIBIT "A"
The land herein referred to is situated in the State of California, County of Sonoma, City of Cotati, and is described
as follows:
Beginning at a point in the center line of Valparaiso Avenue, South 6° 30' West 169.7 feet from the Northwest corner
of Villa Lot No.4 as shown on a Map of Plan entitled, "Plan of the Townsite of Cotati, being Subdivision No, 6
Rancho Cotati", which Map or Plan was filed in the office of the County Recorder of Sonoma County, California June
7, 1893; thence North 64° 19' East 460.3 feet to the center line of Olof Street; thence along the center line of Olof
Street Southerly to the center line of Roblar Avenue; thence along the center line of Roblar Avenue, Southerly to its
junction with Stony Point Road; thence continuing along the center line of Roblar Avenue Northwesterly 482.4 feet to
the center line of Valparaiso Avenue; thence along the center line of the last mentioned Avenue, North 6° 30' West
82 feet, North 6° 30' East 160.3 feet to the point of beginning.
Excepting therefrom all that portion as described in the Grant Deed recorded February 9, 1949, in Book 859, at
Page 434, Sonoma County Records.
APN: 144-250-008
1134006.1
1113855.1
A-1
LEGAL DESCRIPTION
Exhibit B
FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cotati
Cotati, California 94931-4217
Attention: City Manager
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, Jennie M. Falletti,
surviving Trustee of the Alfred Falletti and Jennie M. Falletti 1990 Trust, and Barbara J.
Morrow, Trustee of the Barbara J. Morrow 2003 Revocable Trust (“Grantors”), hereby grant to
the City of Cotati, a public body, corporate and politic (“Grantee”) all that real property located
in the City of Cotati, County of Sonoma, State of California described in Exhibit A attached
hereto and incorporated herein.
IN WITNESS WHEREOF, Grantors have executed this Grant Deed as of
_______________, 2008.
GRANTORS
____________________________
____________________________
1127941.1
CERTICATE OF ACCEPTANCE
Exhibit A to Grant Deed
PROPERTY
(Attach legal description.)
1127941.1
Title No. 08-490108927-B
Locate No. CAFNT0949-0949-0001- 490108927
LEGAL DESCRIPTION
EXHIBIT "A"
The land herein referred to is situated in the State of California, County of Sonoma, City of Cotati, and is described
as follows:
Beginning at a point in the center line of Valparaiso Avenue, South 6° 30' West 169.7 feet from the Northwest corner
of Villa Lot No.4 as shown on a Map of Plan entitled, "Plan of the Townsite of Cotati, being Subdivision No, 6
Rancho Cotati", which Map or Plan was filed in the office of the County Recorder of Sonoma County, California June
7, 1893; thence North 64° 19' East 460.3 feet to the center line of Olof Street; thence along the center line of Olof
Street Southerly to the center line of Roblar Avenue; thence along the center line of Roblar Avenue, Southerly to its
junction with Stony Point Road; thence continuing along the center line of Roblar Avenue Northwesterly 482.4 feet to
the center line of Valparaiso Avenue; thence along the center line of the last mentioned Avenue, North 6° 30' West
82 feet, North 6° 30' East 160.3 feet to the point of beginning.
Excepting therefrom all that portion as described in the Grant Deed recorded February 9, 1949, in Book 859, at
Page 434, Sonoma County Records.
APN: 144-250-008
1134006.1
1127941.1
Exhibit C
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
______________, 2008, from Jennie M. Falletti, surviving Trustee of the Alfred Falletti and
Jennie M. Falletti 1990 Trust, and Barbara J. Morrow, Trustee of the Barbara J. Morrow 2003
Revocable Trust, to the City of Cotati, a public body, corporate and politic (“City”), is hereby
accepted on behalf of the City by its City Manager pursuant to authority conferred by Resolution
No. _________, adopted by the City on _________________, 2008, and that the City consents to
recordation of the Grant Deed by its duly authorized officer.
Dated ______________, 2008
By:
_______________________
Dianne Thompson
City Manager
ATTEST:
By:______________________
City Clerk
APPROVED AS TO FORM:
By: ______________________
City Attorney
1127941.1
ACKNOWLEDGMENT
State of California
County of Sonoma
)
)
On ______________, 2008, before me, ____________________________________________,
personally appeared
, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
ACKNOWLEDGMENT
State of California
County of Sonoma
)
)
On ______________, 2008, before me, ____________________________________________,
personally appeared
, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
1127941.1
Item No. 4
City Council Agenda
Consent Calendar
Subject:
Adoption of a Resolution Re-establishing a Council Travel and Reimbursement
Policy and Ethics Training Guidelines Pursuant AB 1234
Date:
August 27, 2008
Written By: Jone Hayes, Director of Administrative Services
Recommendation
It is recommended that the City Council adopt a resolution, superseding Resolution No. 06-18,
re-establishing the City Council Travel and Reimbursement Policy and updating the list of
officials required to attend ethics training every two years pursuant to AB 1234
Background
AB 1234 was signed into law by Governor Schwarzenegger on October 7, 2005 and took effect
on January 1, 2006.
AB1234 regulated the following:
- The way in which non-salaried local elected officials are paid
- How local elected officials receive reimbursement for their expenses
- The frequency and duration of required ethics training requirements for local
elected officials
Resolution 06-18 was adopted on March 22, 2006 and contained a Council travel and
reimbursement policy and, per Council direction, designated those required to receive ethics
training every two years.
Analysis/Discussion
Organizational changes necessitate the updating of staff positions listed as required to attend
ethics training. Additionally the Community and Environment Commission (CEC) members
have attend in accordance with the advice of the City Attorney.
None.
H:\CCREPORTS\2008\20080827\Council Travel and Reimbursement Policy.sr.doc
Travel & Reimbursement Policy/Ethics Training
August 27, 2008
None.
Attachments:
1.
Proposed resolution with proposed City Council Travel and Reimbursement Policy as
Exhibit A
Page 2 of 2
RESOLUTION ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI SUPERSEDING
RESOLUTION NO. 06-18, ADOPTING A TRAVEL AND REIMBURSEMENT POLICY
AND ESTABLISHING ETHICS TRAINING GUIDELINES PURSUANT TO AB 1234
AND SUPERSEDING RESOLUTION 06-18
WHEREAS, AB 1234 became effective January 1, 2006 and requires the adoption of a travel
and expense reimbursement policy as a condition precedent to the City's reimbursement of
expenses incurred by a Councilmember on or after January 1, 2006; and
WHEREAS, the Council determines it is in the best interest of the City to provide the Council
and the citizens of the City clear standards and criteria to govern the circumstances under which
Councilmembers are entitled to be reimbursed for City expenses properly incurred by the
Councilmembers; and
WHEREAS, the Council adopted Resolution No. 06-18 on March 22, 2006, adopting a travel
and reimbursement policy pursuant to AB 1234; and
WHEREAS, AB 1234 mandates that all local agency officials shall receive a minimum of 2
hours of ethics training every 2 years; and
WHEREAS, the determination of local officials is outdated and needs to be revised to reflect
current position titles.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati
RESOLVES:
1. That the Travel and Reimbursement Policy attached hereto as Exhibit A is hereby
approved and adopted.
2. The persons occupying the following positions shall be required to undergo ethics
training as prescribed by AB 1234, and shall complete same by December 31, 2008: City
Council, Planning Commission, Design Review Committee, Community and
Environment Commission, City Manager, Chief of Police, Assistant to the City Manager,
Director of Community Development, Director of Administrative Services, Director of
Public Works/City Engineer, Police Sergeants, Support Services Supervisor, Field
Maintenance Supervisor, and Deputy City Clerk. The costs of said training shall be paid
for by the City.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City
Council of the City of Cotati, Sonoma County, California, at a meeting hereof, held on the 27th
day of August, 2008, by the following vote, to wit:
FOX:
ORCHARD:
GILARDI:
MINNIS:
GUARDINO:
______
______
______
______
______
Approved:________________________________
Mayor
Attest:___________________________
Deputy City Clerk
___________________________
City Attorney
Page 2 of 8
EXHIBIT A
COTATI CITY COUNCIL TRAVEL AND REIMBURSEMENT POLICY
A.
AUTHORIZED EXPENSES
General Statement. City funds, equipment, supplies (including letterhead), titles, and staff time
must only be used for authorized City business. Expenses incurred in connection with the
following types of activities generally constitute authorized expenses (needing no prior approval,
provided it is included in the Adopted Budget), as long as the other requirements of this policy
are met:
1.
Communicating with representatives of regional, state and national
government on City-adopted policy positions;
2.
Attending educational seminars designed to improve officials' skill and
information levels;
3.
Participating in regional, state and national organizations whose activities
affect the City's interests;
4.
Recognizing service to the City, and commemorating events of significance
to the City (for example, thanking a longtime employee with a retirement gift
or celebration of nominal value and cost);
5.
Attending City events;
6.
Implementing a City-approved strategy for attracting or retaining businesses
to the City, which will typically involve at least one staff member; and
7.
Meetings such as those listed above for which a meeting stipend is expressly
authorized under law and/or this policy.
Specific Expenses Requiring Advance Approval. In addition, the following expenses require
prior City Council approval:
1.
Out-of-state travel;
2.
Expenses exceeding $1,000 per trip; and
3.
Any travel and stay exceeding 96 hours.
Personal Expenses not Authorized. Examples of personal expenses that the City will not
reimburse include, but are not limited to:
Page 3 of 8
1.
The personal portion of any trip;
2.
Political or charitable contributions or events;
3.
Family expenses, including partner's expenses when accompanying officials
on city-related business, as well as children or pet-related expenses, unless
such expenses are required to accommodate a disability;
4.
Except for cultural events that are provided as part of and cannot be
segregated from the cost or charge for an expense that is otherwise
reimbursable under this policy, entertainment expenses, including theater,
movies (either in-room or at the theater), sporting events (including gym,
massage and/or golf related expenses), or other cultural events;
5.
Non-mileage personal automobile expenses, including repairs, traffic
citations, insurance or gasoline; and
6.
Personal losses incurred while on City business. Any questions regarding
the propriety of a particular type of expense should be resolved by the
approving authority.
B.
COST CONTROL
To conserve City resources and keep expenses within community standards for public
officials, expenditures should adhere to the following guidelines. In the event that expenses are
incurred which exceed the guidelines, the cost borne or reimbursed by the City will be limited to
the costs that fall within the guidelines.
1.
Transportation
The most economical mode and class of transportation reasonably consistent with
scheduling needs and cargo space requirements must be used, using the most direct and timeefficient route. Government and group rates must be used when available.
a. Airfare. Airfares that are equal or less than those available through the
Enhanced Local Government Airfare Program offered through the League of
California Cities (www.cacities.org/travel), the California State Association of
Counties (http://www.csac.counties.org/default.asp?id=635) and the State of
California are presumed to be the most economical and reasonable for purposes
of reimbursement under this policy.
b. Automobile. Automobile mileage is reimbursed at Internal Revenue Service
rates presently in effect (see www.irs.gov). These rates are designed to compensate
driver for gasoline, insurance, maintenance, and other expenses associated with
Page 4 of 8
operating the vehicle. This amount does not include bridge and road tolls, which are
also reimbursable.
c. Car Rental. Rental rates that are equal or less than those available through
the State of California's website (http://www.catravelsmart.com/default.htm) shall
be considered the most economical and reasonable for purposes of reimbursement
under this policy.
d. Taxis/Shuttles. Taxis or shuttle fares may be reimbursed, including a 15
percent gratuity per fare, when the cost of such fares is equal or less than the cost
of car rentals, gasoline and parking combined, or when such transportation is
necessary for time-efficiency.
2. Lodging
Lodging expenses will be reimbursed or paid for when travel on official City business
reasonably requires an overnight stay. If travel is out of the state of California, a written
report shall be submitted with the expense report. The written report must state the purpose
of the trip and any and all observations and/or knowledge acquired that may be of value to
the citizens of the City of Cotati.
a. Conferences/Meetings. If such lodging is in connection with a conference,
lodging expenses must not exceed the group rate published by the conference
sponsor for the meeting in question if such rates are available at the time of booking.
If the group rate is not available, see next section.
b. Other Lodging. Travelers must request government rates, when available. A
listing of hotels offering government rates in different areas is available at
http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal to
or less than government rates are presumed to be reasonable and hence
reimbursable for purposes of this policy. In the event that government rates are not
available at a given time or in a given area, lodging rates that do not exceed the IRS
per diem rates (set forth in IRS Publications 463 and/or 1542) for a given area are
presumed reasonable and hence reimbursable.
3. Meals
Meal expenses and associated gratuities will be reimbursed at the following rates:
Breakfast $15
Lunch
$25
Dinner
$50
Page 5 of 8
The City will not pay for alcohol/personal bar expenses. If an event includes alcohol, the
City shall reimburse only that portion of the expense for said event that do not include
charges for alcohol. Any expenses exceeding the above rate are subject to the approval of
the City Council and shall be submitted to the City Council by the Council member after the
expense is incurred and upon the Council member's return from the event for consideration
of reimbursement, accompanied by the proper receipts for the actual costs.
4. Telephone/Fax/Cellular/Internet
Officials will be reimbursed for actual telephone, fax and internet expenses incurred on City
business. Telephone bills documenting the charges sought to be reimbursed must be submitted
along with the appropriate expense report form (see D below). Telephone bills shall identify
which calls were made on City business. For cellular calls when the official has a particular
number of minutes included in the official's plan, the official is permitted to identify the
percentage of calls made on public business in lieu of identifying specific City business calls.
Internet costs incurred during travel related to City business are reimbursable. Telephone calls
placed to a Councilmember's home by that Councilmember shall be considered a City business
call.
5. Airport Parking
Long-term parking must be used for all air travel exceeding 24-hours.
6. Other
Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be
reimbursed.
7. Reimbursement by Another Agency
Expenses for which City officials receive reimbursement from another agency are not
reimbursable by the City.
C.
CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to cover
anticipated expenses while traveling or doing business on the City's behalf. Such requests for an
advance should be submitted to the City Manager fourteen (14) days prior to the need for the
advance with the following information:
1. The purpose of the expenditure(s);
2. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs,
and transportation expenses); and
Page 6 of 8
3. The dates of the expenditure(s).
Any unused advance must be returned to the City Finance Department within five business days
of the official's return, along with an expense report and receipts documenting how the advance
was used in compliance with this expense policy.
In the event the City Manager is uncertain as to whether a request complies with this policy, the
official seeking a cash advance must seek resolution from the City Council.
D.
EXPENSE REPORTS
All cash advance expenditures and expense reimbursement requests must be submitted on an
expense report form provided by the City. This form shall include the following advisory:
All expenses reported on this form must comply with the City's policies relating
to expenses and use of public resources. The information submitted on this form is a
public record. Penalties for misusing public resources and violating the City's
policies include loss of reimbursement privileges, restitution, civil and criminal
penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements of this policy.
For example, if a meeting is with a legislator, the City official should explain whose meals were
purchased, what issues were discussed and how those relate to the City's legislative position and
priorities.
Officials must submit their expense reports within 30 days of an expense being incurred,
accompanied by receipts documenting each expense. Restaurant receipts, in addition to any
credit card receipts, are also part of the necessary documentation. Inability to provide such
documentation in a timely fashion may result in the expense being borne by the official.
All expenses are subject to verification that they comply with this policy.
At the next City Council meeting following the meeting, each official shall briefly report on
meetings attended at City expense. If multiple officials attended, a joint report may be made.
E.
MEETING STIPENDS
Agency Members of the Redevelopment Agency shall receive $30 per meeting for attendance at
meeting, not to exceed four meetings per month.
F.
COMPLIANCE WITH LAWS
City officials should keep in mind that some expenditures may be subject to reporting under the
Political Reform Act and other laws. All City expenditures are public records subject to
disclosure under the Public Records Act and any other relevant law.
Page 7 of 8
G.
VIOLATIONS OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any
or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the
City, 3) the City's reporting the expenses as income to the elected official to state and federal tax
authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources
used, and 5) prosecution for misuse of public resources.
Page 8 of 8
Item No. 5
City Council Agenda
Regular Agenda
Subject:
Consideration of a Request by the Cotati Historical Society to Lease a Vacant
Portion of City Hall for a Museum
Date:
August 27, 2008
______________________________________________________________________________
RECOMMENDATIONS
It is recommended that the Council adopt a motion approving the Cotati Historical License
Agreement and authorizing the City Manager to sign the agreement.
__________________________________________________________________________
Background
In 2005, the City Council appointed Mayor Pat Gilardi and Councilmember Geoff Fox to an adhoc museum subcommittee. The subcommittee met with the Cotati Historical Society (CHS) and
the City Manager to tour the Railroad Museum at the Santa Rosa Railroad Depot. CHS also
investigated other successful museums and historical societies. This research supported the
proposal to install CHS on City-owned property and confirmed that it was appropriate and key to
assuring a successful community-wide program.
A portion of the former Police Department, located in the area adjacent to the Administrative
Services Department, has been identified as the requested future site for the museum.
Analysis/Discussion
In 2007, the Cotati Historical Society (CHS) became a 501(c)(3) non-profit corporation.
The attached Cotati Historical Society License Agreement allows the CHS to occupy a portion of
City Hall for a museum.
The CHS License Agreement allows the CHS to use 620 square feet of Cotati City Hall in
exchange for payment of $1.00/year to City. CHS will need to satisfy all of the insurance
requirements of the License Agreement prior to move-in. The License is for a period of ten
years, and can by terminated by either party or extended by mutual consent.
The CHS License Agreement is categorically exempt from environmental review pursuant to
CEQA Guidelines Section 15061(b)(3) based upon the determination that there is nothing in this
H:\CCREPORTS\2008\20080827\CHSLease.sr.doc
2
Cotati Historical Society License Agreement
August 27, 2008
agreement or its implementation that could foreseeably have any significant effect of the
environment.
Financial Considerations:
CHS proposes to make modifications that befit the archiving of local history. A local architect,
Mr. Robert Leyes, has produced pro bono, an interior modification plan. A local union labor
group has offered to supply the labor at no cost to the City. CHS is committed to fundraising for
room modifications and future archiving projects.
Conclusion
Cotati is fortunate to have dedicated individuals in our community who recognize the value of
preserving our history. Approval of the proposed License Agreement will facilitate the
preservation of our history for current and future generations.
Attachments:
1. Proposed Cotati Historical Society License Agreement
page 2 of 2
REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF COTATI AND THE
COTATI HISTORICAL SOCIETY CONCERNING THE COTATI HISTORICAL SOCIETY
ROOM IN CITY HALL, 201 WEST SIERRA AVENUE, COTATI, CALIFORNIA
THIS AGREEMENT, made and entered into this___day of________, 2008,
by and between the CITY OF COTATI, a California municipal corporation, ("City"), and the Cotati
Historical Society, a California nonprofit 501(c)(3) corporation organized in accordance with the laws of
the State of California ("CHS"), who agree as follows:
RECITALS
WHEREAS, the City owns, operates and maintains Cotati City Hall, located at 201 West Sierra
Avenue; and
WHEREAS, CHS seeks to utilize a portion of Cotati City Hall, formerly space which was
partially used by the Police Department, for the purpose of the storage and display of archival information
for and about the City of Cotati; and
WHEREAS, the mission of CHS benefits the City of Cotati residents and the public generally
because preserving and archiving the City's history and heritage benefits current and future generations.
NOW, THEREFORE, City and CHS agree as follows:
1.
License. City hereby licenses to CHS, on the terms and conditions hereinafter set forth,
the Cotati Historical Society Room in the premises of City Hall at 201 West Sierra Avenue ("Premises").
The Premises are more fully described in Exhibit A which is attached to and made a part of this License
Agreement. The right to use the Premises granted pursuant to this License Agreement consists only of the
permitted uses specified in provision 3, below. The rights granted pursuant to this License Agreement
expressly exclude and the City reserves the right to maintain and control the Premises without limitation.
The City reserves all other rights in the Premises that do not conflict with the permitted uses specified in
provision 3, below, or any other rights of the CHS pursuant to this License Agreement or applicable law.
2.
Term. The initial term of this License Agreement shall consist of a ten (10) year term
commencing on _______ 1, 2008 and concluding on _______ 1, 2018, unless terminated earlier in
accordance with this License Agreement.
3.
Use of Premises. It is understood and agreed that CHS may utilize the Premises for: (i)
archival storage of Cotati history under responsible adult supervision at all times the facilities are in use
by CHS; (ii) display of archival materials relevant to Cotati history; (iii) development of 620 square feet
as usable space for permitted Cotati Historical Society activities and, (iv) signage as approved by the City
Manager. The City Manager shall approve the hours of operation for CHS use of the Premises. The City
Manager shall review and approve all programs sponsored by CHS on the Premises. CHS shall not use or
permit others to use the Premise for any other purpose without the prior written consent of the City
Council. CHS shall have exclusive use of that portion of the Premises identified as "administrative
space" as shown on Exhibit A.
Cotati Historical Society
License Agreement
July, 2008
4.
Prohibited Use of Premises.
(a) CHS shall not do or permit anything to be done in or about the Premises, nor bring or
keep anything therein, which will in any way increase the existing rate of or affect any fire or other
insurance upon the Premises or any of its contents, or cause cancellation of any insurance policy covering
said premises or any part thereof or any of its contents. Nor may CHS cause a cancellation of any
insurance policy covering the Premises or any part thereof, or permit to be kept or used in or about the
Premises any article, which may be prohibited by standard form fire insurance policies or by any Cotati
City Codes or any other applicable laws. CHS shall not use or allow the Premises to be used for any
improper, unlawful, or objectionable purpose, nor shall CHS cause, maintain or permit any nuisance in,
on or about the Premises. CHS shall not commit or suffer to be committed any waste in or upon the
Premises.
(b) No goods, merchandise, or material shall be kept, stored, generated, produced,
disposed or transported to or from, used or sold in or on the Premises which constitute “hazardous
materials” and no offensive or dangerous trade, business, or occupation shall be carried on therein or
thereon. No machinery or apparatus shall be used or operated on the Premises which will in any way
injure said Premises, or improvements thereon, or adjacent or other Premises, or improvements thereon.
For purposes of this lease, “hazardous materials” are defined as, but shall not be limited to: flammable
explosives, asbestos, radioactive materials, hazardous waste, toxic substances or related injurious
materials, whether injurious by themselves or in combination with other materials, substances defined as
“hazardous substances,” “hazardous materials,” or “toxic substances,” in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601,
et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and those
substances defined as “hazardous waste” in Section 25316 of the California Health and Safety Code; and
in the regulations adopted and publications promulgated pursuant to said laws. CHS acknowledges that
CHS is not looking to or relying upon City to disclose any matters which City might be required to
disclose under California Health & Safety Code Section 25359.7 and that all such matters have been
investigated by CHS to CHS’s satisfaction.
5.
Condition of Premises.
(a) Inspection by CHS. CHS represents that CHS has inspected and examined the
Premises for purposes of this License Agreement.
(b) CHS Maintenance and Cleaning. CHS shall, at its own expense and cost, keep and
maintain the Premises in a clean and sanitary condition and free from any hazardous or dangerous
conditions caused by CHS. CHS will be responsible for:
(i) Maintaining the Premises interior, including, but not limited to, window
coverings, furnishings, floors, and carpets.
(ii) Routine repair of Premises for which the City is not responsible for under
provision 6, below, or other provisions of this License Agreement. Routine repairs must be performed
using licensed contractors, subject to City approval.
(iii) Regular janitorial service sufficient to maintain the Premises in a clean and
sanitary condition.
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1128505.1
CHSLease.att.lease.doc
License Agreement
July, 2008
(iv) Supplies required to operate the Premises, including, but not limited to,
janitorial supplies, including paper supplies and light bulbs.
(v) Furnishings as required for CHS programs.
(vi) Maintaining all computers and computer support equipment used by CHS.
Prior approval of the City is required for alterations or additions to the Premises electrical system to
support CHS's computer systems or other CHS equipment.
(vii) Installing and maintaining the CHS building telephone system.
(viii) When Premises interior repainting is required, City and CHS agree to
consult on the best repainting strategy and cost sharing plan.
(ix) Recycling, litter, garbage, and debris removal.
6.
City Maintenance and Repair. The City will be responsible for maintaining the following
and for consulting with CHS on building mechanical systems and maintenance as requested:
(i) CHS Premises building exterior and supporting systems (HVAC, plumbing,
electrical, lighting, roof, etc.)
(ii) CHS Premises exterior painting
(iii) CHS Premises installation and maintenance of Premises fire extinguishers
(iv) Subject to City budget constraints and the availability of funds, the City will
endeavor to maintain the Premises in a condition that is comparable to the condition of the Premises upon
execution of this License Agreement. The City will keep the roof and structural part of the walls of the
Premises in good repair and tenantable condition. If, at any time during the License term, the roof or
structural part of the walls are not in good tenantable condition, the City may, at its option, either repair
the roof or structural part of the walls within a reasonable time after notice in writing by CHS or terminate
this License Agreement in accordance with its terms.
7.
Notification.
(a) CHS shall send the City the CHS newsletter and a calendar of all scheduled events at
the Premises.
(b) CHS shall provide the City Manager with information regarding all special events
which have potential traffic impacts, all significant problems (i.e. scheduling conflicts, financial
insolvency, changes in CHS Board or its charter, etc.) and all scheduling changes pertaining to the use of
the Premises. Use of premises for any activity requires prior written consent of the City Manager. Such
authorization shall be in the form of an approved annual calendar. In the event there is a need to amend
the annual calendar, CHS must receive written authorization from the City Manager no later than 30 days
prior to event.
(c) CHS shall immediately notify the City of hazards and injuries occurring at the
Premises.
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1128505.1
License Agreement
July, 2008
8.
Alterations. CHS shall not allow any alterations, additions or improvements to or of the
Premises, or any part thereof, without the prior written consent of the City Manager.
9.
Volunteers.
For any work performed by volunteers, all volunteers shall sign and
return to the City, City-approved hold-harmless forms provided by the City prior to the commencement of
volunteer work.
10.
CHS’s Covenant to Pay. For the term of this License, CHS shall pay $1.00 (one dollar)
per annum for use of premises with said amount due on July 1st of each year.
11.
Possessory Interest. CHS expressly recognizes and understands that this Agreement may
create a possessory interest subject to property taxation and that CHS may be subject to the payment of
property taxes levied on such interest. CHS is responsible for determining whether this possessory
interest is subject to property taxation.
12.
Compliance with Laws. CHS has represented to the City and hereby warrants that CHS
has complied with all laws applicable to the acceptance and use of the License herein granted. CHS shall
observe and comply at all times with all applicable federal, state, county and city statutes and ordinances,
rules, regulations, directives, and orders of governmental agencies now in force or which may hereinafter
be in force relating to or affecting the use of the License herein granted.
13.
Waste; Nuisance. CHS shall not commit, suffer, or permit the commission by others of:
(i) any waste or nuisance on the facilities; (ii) any action or use of the facilities which interferes or
conflicts with the use of the facilities by City or any authorized person; or (iii) any action on the facilities
in violation of any laws, regulations, or ordinances.
14.
Inspection. City shall be permitted to enter and inspect the licensed facilities at any and
all times. City is not required to provide CHS with advanced notice of said inspection.
15.
Extent of Grant of License. This Agreement and the License herein granted are valid
only to the extent of City’s jurisdiction as a land owner or tenant of the facilities. Acquisition of any
other necessary permits or entitlements for use are the responsibility of CHS. Nothing contained in this
Agreement shall be construed as a relinquishment of any rights now held by the City.
16.
Assignment. The License herein granted is personal to CHS and shall not be assigned,
sublet, or otherwise transferred in whole or in part without the prior written consent of City, and any
attempt to assign, sublet or transfer shall be of no force or effect whatsoever unless and until City shall
have given its written consent thereto. City may withhold its consent for any reason.
17.
Provisions are Conditional of Use/Occupancy. Each provision of this Agreement shall be
deemed a condition of the right of CHS to use or continue to occupy the Premises. Notwithstanding
anything stated to the contrary herein, if CHS fails to perform any provision of this Agreement at the time
and in the manner herein provided, City may, at its own option, immediately terminate this Agreement.
The City's right to terminate shall be cumulative to any other legal right or remedy available to City.
18.
CHS No Agent. CHS, its officers, agents, employees, and volunteers shall act in an
independent capacity and shall not represent themselves whatsoever as an agent of the City. CHS shall
have no authority, express or implied, pursuant to this Agreement to bind City to any obligation
whatsoever.
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1128505.1
License Agreement
July, 2008
19.
License Not a Lease. This Agreement does not constitute a lease, but constitutes a
revocable License and CHS is limited to the use of the Premises expressly and specifically described
above. CHS shall have no right or privilege in any respect whatsoever to use any other part of the
property of City for any purpose whatsoever. CHS does not claim any interest that when coupled with the
License herein granted would render it irrevocable.
20.
NonWaiver. The City's failure to enforce any provision of this Agreement or the waiver
thereof in a particular instance shall not be construed as a general waiver of any part of such provision.
The provision shall remain in full force and effect.
21.
Relationship. The parties intend by this Agreement to establish the relationship of
licensor and licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any
business relationship other than that of licensor and licensee.
22.
Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the City and CHS at their respective addresses
specified below or to such other addresses as a Party may designate by written notice delivered to the
other Party.
For all issues
City
City Manager or designee
665-3623
CHS
INSERT INFO
23.
Indemnification. CHS shall indemnify, defend with counsel acceptable to City, and hold
harmless City and its officers, officials, employees, agents and volunteers from and against any and all
liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs
and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with CHS
performance of the Agreement or its failure to comply with any of its obligations contained in this
Agreement, including, but not limited to, damage or loss of the archived materials, except such Liability
caused by the sole negligence or willful misconduct of the City.
24. Insurance. As a condition precedent to the CHS's rights pursuant to this License Agreement
becoming effective, the CHS must obtain and provide the City certificates of insurance and endorsement
evidencing the kinds and amounts of insurance specified in this provision and otherwise comply with all
of the requirements of this provision. Failure by CHS to maintain the kinds and amounts of insurance
specified in this provision throughout the License Term may be deemed a default.
A.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1.
Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
2.
Insurance Services Office form number CA 0001 (Ed. 12/90) covering
Automobile Liability, code 1 (any auto), or code 8, 9 if no owned auto.
3.
Workers’ Compensation Insurance as required by the State of California and
Employers’ Liability Insurance. If no employees are utilized, the CHS shall sign
a declaration as described in California Health and Safety Code Section 19825.
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1128505.1
License Agreement
July, 2008
B.
Minimum Limits of Insurance. CHS shall maintain limits no less than:
1.
General Liability: $2,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2.
Automobile Liability: $2,000,000 per accident for bodily injury and property
damage.
3.
Employers Liability: $1,000,000 per accident for bodily injury or disease
4.
Worker’s Compensation, Statutory Limits: $1,000,000 per accident for bodily
injury or disease.
C.
Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the City,
its officers, officials, employees and volunteers, or the CHS shall provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
D.
Other Insurance Provisions. The Commercial General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
E.
1.
The City, its officers, officials, employees and volunteers are to be covered as
Insureds as respects: liability arising out of work or operations as performed by
or on behalf of the CHS; or automobiles owned, leased, hired or borrowed by the
CHS.
2.
For any claims related to this project, the CHS’s insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the CHS’s insurance and
shall not contribute with it.
3.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, unless thirty (10) days prior
written notice by certified mail, return receipt requested, has been given to the
City.
4.
The Worker’s Compensation endorsement shall contain a Waiver of Subrogation
against the City. The CHS shall provide to the City an endorsement from the
Worker’s Compensation insurer, if any, agreeing to waive all rights of
subrogation against the City for injuries to employees of the Insured resulting
from work for the City or use of the City’s premises or facilities.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
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1128505.1
License Agreement
July, 2008
F.
Verification of Coverage. CHS shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this clause. The endorsements
should be on forms provided by the City or on other than the City’s forms provided those
endorsements conform to the City’s requirements. All certificates and endorsements are
to be received and approved by the City before work commences. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications at any time.
G.
Periodic Review. The City maintains the right to adjust the required limits of insurance
every five years during the term of this agreement.
25.
Ownership of Archives. All materials provided to CHS by the City shall remain the
property of the City. All other materials shall remain the property of CHS. If the CHS disbands, all CHS
materials shall become the property of the City of Cotati. If the City is unwilling or unable to take
possession of the materials, they shall become the property of the Sonoma County Museum upon
acceptance by the Sonoma County Museum..
26.
Termination of Agreement. The City or licensee may elect to terminate this Agreement
at any time, with or without cause upon ten (10) days written notice. There shall be no penalties for early
termination. Upon termination of this Agreeement, all materials of the CHS shall be removed by CHS
within ten days ( 10) days of notice to terminate. Faliure of CHS to remove said materirals wihin said ten
(10) days will result in the materials becoming the property of the City.
27.
both Parties.
Amendment. This Agreement may be amended only by a written instrument executed by
28.
Governing Law; Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Cotati. Any action arising from or brought in connection
with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State
of California.
29.
Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
30.
Entire Agreement. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties and supersedes by all prior
agreements or understandings, oral or written, between the Parties in this regard.
Each person executing this Agreement warrants that s/he has been duly authorized to execute the
Agreement on behalf of the entity s/he represents and that this is a legally binding Agreement enforceable
against the entity s/he represents in accordance with its terms.
ACKNOWLEDGED AND AGREED
City of Cotati
_______________________
By:
________________________
By:
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1128505.1
License Agreement
July, 2008
President
City Manager
Approved as to Form
_______________________
City Attorney
8
1128505.1
Item No. 6
City Council Agenda
Regular Agenda
Subject:
Introduction of an Ordinance to Regulate the Conversion of Mobile Home Parks
to Other Uses, and Introduction of an Ordinance to Regulate the Subdivision of
Mobile Home Parks.
Date:
August 27, 2008
______________________________________________________________________________
RECOMMENDATIONS
It is recommended that the Council 1) introduce an ordinance to regulate the conversion of
mobile home parks to other uses; and, 2) introduce an ordinance to regulate subdivision of the
mobile home parks.
__________________________________________________________________________
Background
On November 8, 2006, the City Council adopted Ordinance No. 789, an urgency ordinance,
imposing a temporary moratorium on the conversion of mobile home parks to other uses and the
subdivision of mobile home parks. The City Council adopted Ordinance No. 791 on December
13, 2006, extending Ordinance No. 789 for an additional ten months and fifteen days. On
October 24, 2007, the City Council adopted Ordinance No. 810, extending Ordinance No. 789
for twelve months. The temporary moratorium will expire on October 24, 2008.
The Council adopted the urgency ordinances to address an immediate threat to the public health,
safety and welfare of residents within the City of Cotati due to identified interests in the
conversion of existing mobile home parks in the City to other uses, including closing or ceasing
using the land for a mobile home park, or subdividing the parks to another use or to resident
ownership. The foreseeable consequence was the displacement of residents within those parks
and the loss of needed affordable housing within the City.
During the past two years staff has met with mobile home park residents, researched and shared
information with other jurisdictions, such as Sonoma, Santa Rosa, the County of Sonoma and
Rohnert Park, who were also developing mobile home park regulations, and reviewed existing
ordinances and state legislation. These jurisdictions all now have adopted regulations. The
attached proposed ordinances are a result of this research.
C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\CCstaffreport08_27_08.doc
Mobile Home Park Ordinances
August 27, 2008
Planning Commission Hearing and Action
The Planning Commission held a public hearing on July 21, 2008, to consider recommending
both ordinances to the City Council. The Planning Commission minutes and staff report, which
contains a summary of the ordinances, are attached.
The Planning Commission was supportive of the public interest being served by both ordinances.
Many park residents spoke of their fears of losing their homes due to rent control concluding or
other additional financial burdens related to a mobile home park conversion.
The Planning Commission unanimously recommended to the City Council that the mobile home
park subdivision ordinance be adopted with the inclusion of additional language found in Section
17.79.100E, of the draft mobile home park subdivision ordinance. The Planning Commission
also unanimously recommended to the City Council that the ordinance regulating the conversion
of mobile home parks to others uses be adopted.
Analysis/Discussion
A.
How will the ordinances be utilized?
The ordinances address applications for closure of a mobile home park, conversion of a mobile
home park to another use, and conversion of a mobile home park to resident ownership under the
Subdivision Map Act. The two ordinances being considered are designed to provide protections
to mobile home park residents for all three types of conversions to the fullest extent of the law:
1. For applications for closure of a mobile home park or a conversion to another use (other than
resident ownership).
The regulations set forth in the ordinances adding Chapter 17.46 to the City's Land Use Code
govern the conversion of mobile home parks to another use, closure, or cessation of use of a
mobile home park. In addition, the regulations established in Section 17.79.030-17.79.040
govern conversions to another use when the change of use is made in accordance with the
Subdivision Map Act. In either application the proposed regulations will:
a. Provide early notification to mobile home park residents of the park owner’s intent to
change the use, close the park, or cease using the land as a mobile home park.
b. Provide detailed analysis of the impacts on mobile home park residents through the
required conversion impact report.
c. Provide the first right of refusal to purchase the park by mobile home park residents.
d. Require mobile home park owners to mitigate the adverse impacts of conversion on
existing residents, including providing relocation assistance to displaced residents.
It is important to note that state law authorizes the City to adopt regulations governing the
conversion process, including the adoption of measures to mitigate the adverse impacts resulting
from conversion.
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August 27, 2008
2.
For applications to convert the mobile home park to resident ownership under the
Subdivision Map Act.
State law authorizes the City to adopt regulations governing the conversion of mobile home
parks to resident ownership under the Subdivision Map Act. Prior to approval of a tentative or
parcel map, the subdivider must: (i) offer each existing tenant an option to either purchase or rent
the subdivided unit, (ii) file a report on the impact of the conversion upon residents, (iii) obtain a
survey of resident support, and (iv) avoid the economic displacement of nonpurchasing residents
by following certain requirements for residents who continue to rent the subdivided unit.
In addition, the Legislature has expressed its intent that conversions to resident ownership be
"bona fide resident conversions." To achieve this legislative intent, many cities have adopted
ordinances which require the legislative body to make certain findings prior to approving the
tentative map or parcel map. Section 17.79.100(E) of the City's Ordinance requires the City
Council to make such findings as are established in Section 17.79.100(E)(1)-(5).
With the inclusion of the criteria located in Section 17.79.100(E) this type of conversion will
afford opportunities for the mitigation of impacts as do the other two conversions described
under (1) above.
B.
What goals do these ordinances further?
1.
2.
3.
4.
5.
They provide clear and precise instruction to anyone interested in changing the
use or subdividing the park.
Impacts are analyzed and addressed.
Residents forced to relocate will be adequately compensated.
Protection of an important affordable housing resource.
The true costs to the community and to the existing residents is factored into any
conversion.
Both ordinances are categorically exempt from environmental review pursuant to CEQA
Guidelines Section 15061(b)(3) based upon the determination that there is nothing in these
ordinances or their implementation that could foreseeably have any significant effect of the
environment in that the adoption of these ordinances will not result in any physical change to the
environment.
Financial Considerations:
There are no financial considerations.
Conclusion:
These ordinances serve a vital public interest. They are designed to provide existing mobile
home park residents with the maximum protections allowed by law. They guarantee residents
that there will be public dialogue regarding all applications for mobile home park conversions
page 3 of 4
August 27, 2008
and a process for ensuring that the requirements of any City-approved mobile home park
conversion or subdivision are completed.
Attachments:
1. Proposed Subdivision Ordinance
2. Proposed Conversion Ordinance
3. Government Code 66427.4
4. Government Code 66427.5
5. AB 930 – Un-codified Intent Language
6. Planning Commission Resolutions Nos. 08-12 and 08-13
7. July 21, 2008, Planning Commission Staff Report and minutes
8. KGO article
9. Correspondence
1136878.1
page 4 of 4
Attachment 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI ADDING
CHAPTER 17.79 "MOBILE HOME PARK SUBDIVISIONS" TO TITLE 17 OF THE
CITY OF COTATI MUNICIPAL CODE
WHEREAS, there are three mobile home parks in the City of Cotati ("Cotati") containing
approximately 107 mobile home spaces; and
WHEREAS, a substantial number of Cotati's mobile home park residents are seniors, lowincome, and/or disabled, many of whom live on limited or fixed incomes; and
WHEREAS, mobile home parks provide a significant source of affordable housing for Cotati
residents; and
WHEREAS, the rent mobile home park residents pay for their spaces is regulated through the
rent control standards administered by the City of Cotati through Chapter 19.14 of the Cotati
Municipal Code; and
WHEREAS, among other things, Cotati's mobile home park residents have significant personal
and social ties to the community and have made a substantial financial and personal investment
in their mobile homes; and
WHEREAS, Cotati's mobile home owners will face significant cost and risk of potential damage
in locating an alternative site for moving and reinstalling their mobile homes; and
WHEREAS, given the scarcity of mobile home sites in Cotati and Sonoma County and the very
low vacancy rates at such sites, mobile home owners cannot relocate easily within Cotati or
Sonoma County; and
WHEREAS, the California State Legislature recognizes the need to protect mobile home owners
and has enacted legislation to achieve such end; and
WHEREAS, the Subdivision Map Act, through Government Code Section 66427.4, permits an
owner of a mobile home park to convert a mobile home park to another non-mobile home park
use; and
WHEREAS, Government Code Section 66427.4 authorizes local agencies such as the City of
Cotati to adopt regulations governing this conversion process governed by the Subdivision Map
DRAFT DATED August 2008
PAGE 1
Act, including the adoption of measures to mitigate the adverse impacts of the conversion on the
existing mobile home park residents; and
WHEREAS, it is desirous to adopt regulations governing the conversion process because once
the conversion of a mobile home park to a non-mobile home park use is completed all of the
existing residents of the mobile home park will be evicted; and
WHEREAS, on November 8, 2006, the Cotati City Council adopted an urgency ordinance,
Ordinance Number 789, imposing an initial 45-day moratorium on the conversion of mobile
home parks to other uses; and
WHEREAS, on December 13, 2006, the Cotati City Council adopted a subsequent ordinance,
Ordinance Number 791, extending the urgency ordinance to October 28, 2007; and
WHEREAS, on October 24, 2007, the Cotati City Council extended the moratorium for a period
of one additional year, Ordinance Number 810, to October 24, 2008; and
WHEREAS, there is a growing move by mobile home park owners in Sonoma County to initiate
the conversion of mobile home parks; and
WHEREAS, the conversion of a mobile home park to another use will have a substantial
adverse economic effect on the mobile home park residents; and
WHEREAS, when a mobile home in an existing park is sold it is generally sold in place, thus a
mobile home in an existing mobile home park is not often moved from its location once it has
been placed in a mobile home park; and
WHEREAS, relocating homeowners in an area in excess of fifty (50) miles from their existing
home creates a special hardship, particularly for elderly and/or disabled residents who need to be
in social service support networks and close to social services; and
WHEREAS, a move in excess of fifty (50) miles would seriously disrupt these support
resources, would jeopardize the jobs of those residents currently employed, and would not
constitute adequate replacement housing for such residents; and
WHEREAS, due to the preceding circumstances, spaces in the existing mobile home parks in
Cotati represent an important component of the housing stock in the City especially for senior
citizens, the disabled, and/or persons of low/moderate income; and
WHEREAS, unless mitigation measures are undertaken, the conversion of mobile home parks
to other uses under the Subdivision Map Act would have a substantial adverse economic effect
upon the mobile home residents in terms of cost of relocation, including the significantly higher
PAGE 2
cost of other types of housing in the immediate area if such mobile home residents cannot
relocate to other mobile home parks; and
WHEREAS, mobile home owners have invested substantial sums in the acquisition, installation
and maintenance of their mobile homes, and these units represent their sole or principal financial
asset; and
WHEREAS, one result of conversion, unless mitigated, can be the destruction of the value of
the mobile home; and
WHEREAS, this destruction of value would be a direct cost of relocation and would adversely
affect the homeowners' ability to find adequate replacement housing, so that it is important to
provide reasonable relocation assistance to avoid such an adverse effect; and
WHEREAS, it is the policy of State law, as enunciated in Government Code Sections 66427.4,
that prior to the conversion of a mobile home park to other uses, the proponent of the proposed
change of use must file a report on the impact of such change with the public agency having
jurisdiction over the mobile home park, and the agency shall have the power to require measures
to be undertaken to mitigate the adverse impacts of such conversion upon the ability of displaced
residents to find adequate replacement housing; and
WHEREAS, Government Code Section 66427.5 permits the conversion of a mobile home park
to resident ownership and such a process involves the subdivision of an existing mobile home
park into separate lots or the creation of a mobile home park condominium so that mobile home
park residents could own not only their mobile homes but also the land space on which the
mobile home rests; and
WHEREAS, Government Code Section 66427.5 provides that existing mobile home park
residents must be given the opportunity to either purchase the land on which their mobile home
rests or to continue residency in the mobile home park as tenants after the conversion of the
mobile home park to resident ownership; and
WHEREAS, in some instances, the conversion of a mobile home park to resident ownership
may provide existing mobile home park residents with the security and advantages of full home
ownership; however, in other instances the benefits of a mobile home park conversion to resident
ownership will prove more illusory than real; and
WHEREAS, the land underlying the mobile home park is often valued in the millions of dollars
and since most mobile home park residents are lower income, they will be financially unable to
purchase the land on which their mobile homes rest; and
WHEREAS, although Government Code Section 66427.5 allows existing mobile home park
residents to continue to reside in the mobile home park as tenants after the park is converted to
PAGE 3
resident ownership, Government Code Section 66427.5 provides that rent control protection will
no longer apply to these tenancies; and
WHEREAS, in the case of non-lower income households, rents may increase to market levels
over a four year period; and
WHEREAS, in the case of lower income households, Government Code Section 66427.5
provides restrictions on the amount of rent which may be charged, but since rent control
protections will no longer apply, these rents may exceed the amount certain lower income
households can afford and/or exceed the amount of rent otherwise permissible under Cotati's rent
control provisions and, furthermore, rent control protections do not appear to extend to new
tenants who move to the mobile home park after it is converted to resident ownership; and
WHEREAS, the Cotati City Council wishes to follow the policy of State law; and
WHEREAS, regulating the conversion of mobile home parks to other uses or to resident
ownership is consistent with the City's General Plan, Municipal Code, and Land Use Code; and
WHEREAS, Policy H-2.10 of the Housing Element of the Cotati General Plan provides that the
City will "[e]ncourage the preservation and maintenance of the community's mobile home
parks"; and implementing policy IP-2.10.2 provides that the City will "[w]ork with residents and
owners to facilitate resident purchase of mobile home parks, including identifying sources such
as HCD's Mobilehome Park Resident Ownership Program;" and
WHEREAS, at a duly noticed public hearing and public meeting in accordance with
Government Code Section 65854 on July 21, 2008, the Planning Commission reviewed the
proposed amendments to Cotati's Land Use Code and recommended the proposed amendments
to the Cotati City Council; and,
WHEREAS, the on July 21, 2008, the Planning Commission received compelling public
testimony provided by mobile home park residents which articulated that the tenants live on
limited fixed incomes, have invested their limited life savings, enjoy the community camaraderie
of their park, and overall have a concern that they will be without a home or options if their
mobile home park were converted; and
WHEREAS, on July 21, 2008, the Planning Commission found that the proposed ordinance is to
be categorically exempt from environmental review pursuant to CEQA Guidelines Section
15061(b)(3) in that it found and determined that there is nothing in this ordinance or its
implementation that could foreseeably have any significant effect on the environment in that the
adoption of this ordinance will not result in any physical change to the environment; and
Government Code Section 65856, on August 27, 2008, the Cotati City Council, upon hearing
PAGE 4
and considering all testimony and arguments, if any, of all persons desiring to be heard, the
Council considered all the facts relating to the proposed amendments to the City of Cotati Land
Use Code.
NOW, THEREFORE, the Cotati City Council does ordain as follows:
SECTION I.
The above recitations are true and correct.
SECTION II:
Article 6 of Title 17, the Land Use Code, is hereby amended to add a new
Chapter 17.79 entitled, "Mobile Home Park Subdivisions," to read and provide as follows:
17.79.010
Purpose
A. The California Subdivision Map Act distinguishes between subdivisions created from
the conversion of rental mobile home parks to resident ownership (Government Code Section
66427.5) and subdivisions created from the conversion of mobile home parks to uses other than
resident ownership (Government Code Section 66427.4).
B. In the case of a subdivision of a mobile home park to a use other than as resident
ownership, Government Code Section 66427.4 requires that the conversion be preceded by
adequate notice, the filing and distribution of a conversion impact report on the effect of a
conversion on mobile home park residents and the adoption of mitigation measures imposed on
the applicant to mitigate the adverse effects on mobile home park residents displaced by such
conversion.
C. In the case of a subdivision of a mobile home park to resident ownership,
Government Code Section 66427.5 requires that existing tenants of the mobile home park be
provided the option to either purchase his or her subdivided unit created by the conversion to
resident ownership, or to continue residency as a tenant. For residents who desire to continue
residency as a tenant, Government Code Section 66427.5 allows rent to increase to market levels
subject to certain restrictions regarding the timing of rent increases and certain protections for
lower income households. Government Code Section 66427.5 further requires that the applicant,
as part of the tentative map application, file a report on the impact of the conversion upon the
existing residents of the mobile home park.
D. It is the intent and purpose of the Cotati City Council in adopting this chapter, to
establish reasonable standards and requirements in accordance with the authority granted by
Government Code Sections 66427.4 and 66427.5.
17.79.020
Definitions
As used in this chapter, the following words and phrases shall have the following
meanings:
PAGE 5
A. "Applicant" means the person, firm, corporation or other entity having leasehold
interest or fee ownership in the operation of a Mobile home park or any part thereof.
B. "Comparable housing" means housing that is comparable in floor area and number of
bedrooms to the Mobile home to which comparison is made, which housing meets the minimum
standards of the State Uniform Housing Code.
C. "Comparable mobile home park" means any other Mobile home park substantially
equivalent in terms of park conditions, amenities, rent and other relevant factors, such as
proximity to public transportation and shopping, the job market where a displaced resident is
gainfully employed, social services which are used by a displaced resident, and proximity to
schools if the resident has school-age children.
D. "Conversion of a mobile home park" means a change in the use of a Mobile home
park to a purpose other than the rental, or the holding out for rent, of some or all of the Mobile
home lots at the Mobile home park to accommodate Mobile homes used for human habitation.
The "Conversion of a mobile home park" shall include, but is not limited to, a change of a park
or any portion thereof to a condominium, stock cooperative, planned unit development,
commercial use, industrial use, or vacant land.
E. "Designated resident organization" means any association of Mobile home owners
and/or Mobile home residents within a Mobile home park which has, not later than fifteen days
after issuance of a notice of intent to convert a Mobile home park, provided the owner or
manager of the Mobile home park written notice of the following:
1. The name and address of the organization.
2. The name and address of the representative of the organization to whom all
notices under this chapter shall be given.
3. A statement that the organization is interested in purchasing the Mobile home park.
F. "Disabled mobile home owner" means a Mobile home owner who is the primary
wage earner of a household, or a single person, with any medically determinable physical or
mental impairment limiting his or her mobility, substantially affecting his or her ability to
obtain employment, or requiring special care facilities in the Mobile home. "Physical or mental
impairment" is an impairment that results from anatomical, physiological or psychological
abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic
techniques.
G. "Mobile home" means a structure designed for human habitation or for being moved
on a street or highway with a permit pursuant to Section 35790 of the Vehicle Code. Mobile
PAGE 6
home includes a manufactured home, as defined in Section 18007 of the Health and Safety
Code, and a mobile home as defined in Section 18008 of the Health and Safety Code, but does
not include a recreational vehicle, as defined in Civil Code Section 799.29, a commercial
modular, as defined n Section 18001.8 of the Health and Safety Code, or factory-built housing,
as defined in Section 19971 of the Health and Safety Code.
H. "Mobile home lot" means a portion of a Mobile home park designated or used for
the occupancy of one Mobile home.
I. "Mobile home owner" means a person who has the right to use of a Mobile home lot
within a Mobile home park on which to locate, maintain, and occupy a Mobile home, lot
improvements and accessory structures for human habitation, including the use of the services
and facilities of the park.
J. "Mobile home park" means an area of land where two or more Mobile home lots are
rented or leased, or held out for rent or lease, to accommodate Mobile homes used for human
habitation.
K. "Mobile home resident" means a person, including Mobile home owner, who
occupies a Mobile home.
L. “Resident ownership” means either the ownership of the Mobile home park after
conversion by a resident organization of an interest in the Mobile home park that entitles the
resident organization to control the operations of the Mobile home park for a term of no less than
15 years, or the ownership of individual interests in the Mobile home park, or both.
17.79.030
Subdivisions Governed by Government Code Section 66427.4 (Conversion of
a Mobile Home Park to Another Use); Incorporation of Sections from
Chapter 17.46, Mobile Home Park Conversions
A. The following sections from Chapter 17.46 , Mobile Home Park Conversions, are
incorporated herein to this Chapter and shall apply to subdivisions created under the authority of
Government Code Section 66427.4. In this instance, the application for the conversion of a
Mobile home park shall mean the application for a tentative map or parcel map. A discretionary
permit or a discretionary land use permit shall refer to a tentative map or parcel map.
Section 17.46.040 – Disclosure of Notification Requirements
Section 17.46.050 – Applicability
Section 17.46.060 – Right of Negotiated Purchase
Section 17.46.070 – Notice to Prospective Residents
Section 17.46.080 – Supplemental Information Required
Section 17.46.090 – Conversion Impact Report
Section 17.46.100 – Special Notice and Informational Meeting Requirements
PAGE 7
Section 17.46.110 – Mitigation of Adverse Impacts and Reasonable Costs of Relocation
Section 17.46.130 – Applicant Obligations After Approval of the Conversion Impact
Report
Section 17.46.140 – Issuance of Grading and/or Building Permits
B. The conversion of a rental Mobile home park to Resident ownership shall be
governed by Section 17.79.050 through Section 17.79.100 of this chapter.
17.79.040
a Mobile Home Park to Another Use); Public Hearings, Findings
A. A public hearing on the conversion impact report shall be held in conjunction with
any public hearing by the Planning Commission and Cotati City Council on the tentative map or
parcel map and any legislative action or further discretionary land use approvals required for the
subdivision of the Mobile home park.
B. The Planning Commission shall make a recommendation to the Cotati City Council
on the adequacy of the conversion impact report.
C. Upon receipt of the Planning Commission’s recommendation, the City Council shall
hold a public hearing. City Council approval of the conversion impact report shall require that
the Council make the following determinations:
1. That the conversion impact report complies with the requirements of this
chapter. If the City Council determines that the conversion impact report does not comply with
the requirements of this chapter, the City Council shall specify in which respects the conversion
impact report fails to comply with such requirements. TheCity Council may condition any
legislative actions and approval of the tentative or parcel map upon the completion of specific
amendments to the conversion impact report. In the alternative, the City Council may continue
further action on the map until the conversion impact report is found by the City Council to
comply with the requirements of this chapter.
2. That specified conditions shall be imposed upon the approval of the tentative
map or parcel map to mitigate adverse impacts upon the ability of displaced Mobile home
owners and Mobile home residents to find adequate housing in a Mobile home park and to
require that reasonable costs of relocation be paid as set forth in this chapter.
D. No legislative action or tentative map or parcel map approval shall be taken until the
City Council has first determined that the conversion impact report complies with the
requirements of this chapter, or by specific amendments, will comply with this chapter, and
conditions have been imposed on the applicant to mitigate adverse impacts on the displaced
Mobile home owners and Mobile home residents through the requirement that the Applicant pay
the reasonable costs of relocation as set forth in this chapter.
PAGE 8
E. Prior to approving the tentative map or parcel map, the Planning Commission and
City Council shall consider the following factors:
1. Whether there will exist at the time of the conversion of the Mobile home park
to the use contemplated by the map application available Mobile home lots and other comparable
housing within Sonoma County to accommodate the present Mobile home owners and Mobile
home residents of the Mobile home park.
2. If the proposed subdivision will create other residential uses, whether the
Mobile home owners and Mobile home residents will have the opportunity to purchase or rent
the residential units, and whether the Applicant is providing financial incentives and financial
assistance to present Mobile home owners and Mobile home residents to allow for such purchase
or rental.
3. Whether the proposed conversion will be detrimental to the public health,
safety and general welfare.
17.79.050
a Mobile Home Park to Resident Ownership); Applicability
Sections 17.79.060 through 17.79.090 shall apply to all conversions of Mobile home
parks to Resident ownership, except those conversions for which mapping requirements have
been waived pursuant to Government Code Section 66428.1.
17.79.060
a Mobile Home Park to Resident Ownership); Survey of Resident Support
A. No later than 90 days before the Applicant intends to file an application for a tentative
map or parcel map to convert a rental Mobile home park to Resident ownership, the Applicant
shall mail a notice to each Mobile home owner, Mobile home resident and the Designated
resident organization. The notice shall: (1) describe the proposed Resident ownership project,
(2) describe the approval process which will be required in order that the present Mobile home
park may be converted to a Resident ownership project, (3) include a projected time line for the
conversion, (4) state that if the Resident ownership project is approved, each existing tenant shall
have the option to either purchase his or her condominium or subdivided unit or to continue
residency as a tenant provided that such tenant remains in possession at such time as the tentative
map or parcel map is approved, (5) state that if the Resident ownership project is approved, and
after the conversion of the Mobile home park occurs, Mobile home owners and Mobile home
residents who choose to continue residency as a tenant shall be required to pay rent at market
rate levels subject to the protections provided by Government Code Section 66427.5(f) which
shall be described in the notice, (6) state that each Mobile home owner and Mobile home
resident shall be provided with notice of any hearings before the Planning Commission or City
PAGE 9
Council regarding the proposed resident ownership project and that such Mobile home owner
and Mobile home resident shall have the right to appear and be heard at such meeting, (7) state
that a survey shall be conducted by an independent entity to determine whether there is support
for the proposed Resident ownership project, and (8) state any other information the Applicant
deems relevant concerning the proposed Resident ownership project.
B. Within 15 days of the date the notice was mailed, the Applicant and representatives
from the Designated resident organization shall meet to discuss and agree on the manner in
which the survey shall be conducted as required by Government Code Section 66427.5(d)(2).
The Applicant and the representatives from the Designated resident organization shall also agree
on the person or entity who shall conduct the survey. Such person or entity must be independent
of the Applicant and the Mobile home park owner.
C. The survey shall be conducted by written ballot. Each occupied Mobile home space
shall be entitled to one vote.
D. The person or entity conducting the survey shall also circulate the Mobile home park
petition and disclosure statement provided for in Government Code Section 66428.1(b) for the
purpose of allowing the City to determine whether the requirement for a parcel map or a
tentative map shall be waived as permitted by Government Code Section 66428.1 for resident
ownership projects.
E. The Applicant shall be responsible for paying the full and complete costs of the
survey. The notice provided for above, the survey and the survey results shall be submitted by
the Applicant at the time the application for the tentative map or parcel map is filed. No
application for a tentative map or parcel map shall be deemed complete until the Applicant has
submitted the survey to the City and the City has determined that the survey complies with the
requirements of Government Code Section 66427.5(d).
17.79.070
a Mobile Home Park to Resident Ownership); Notice to Prospective
Residents
A. Commencing at a date not less than 60 days prior to the filing of a tentative map or
parcel map to convert the mobile home park to a Resident ownership project, the Applicant, or
his or her agent, shall provide notice to each prospective Mobile home owner and each
prospective Mobile home resident who proposes to rent a Mobile home lot or rent a Mobile
home within such park. The notice shall be in writing and in the form outlined in Government
Code Section 66452.8(b). The notice shall be given prior to the acceptance of any rent or
deposit from the prospective tenant.
B. Failure by the Applicant or his or her agent to give the notice required above, shall
not be grounds to deny the project. However, if the Applicant or his or her agent fails to give
PAGE 10
such notice, and the prospective tenant moves into the Mobile home park and must later vacate
the park, the Applicant shall be responsible for paying the tenant the following:
1. In the case of a Mobile home owner, the reasonable cost of relocating the
home owner’s Mobile home, accessories, and possessions, including the costs for disassembly,
removal, transportation, and reinstallation of the Mobile home and accessories at the new site,
and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings,
storage sheds, cabanas, and earthquake bracing if necessitated by the relocation; indemnification
for any damage to personal property of the Mobile home owner caused by the relocation;
reasonable living expenses of displaced Mobile home owner from the date of actual
displacement to the date of occupancy at the new site; and payment of any security deposit
required at the new site.
2. In the case of a Mobile home tenant, or a Mobile home owner who sells his or
her Mobile home and decides to move to alternate housing, the actual moving expenses incurred
when moving from the Mobile home park plus the payment of any security deposit required at
the new housing site.
3. The first month’s rent at the new rental unit or at the new Mobile home park,
whichever is applicable.
C. Notice that the Applicant intends to apply for tentative or parcel map approval to
convert the Mobile home park to Resident ownership shall be posted by the Applicant at all
entrances to the Mobile home park and in a conspicuous location in the Mobile home park office
and clubhouse.
17.79.080
a Mobile Home Park to Resident Ownership) ; Conversion Impact Report
A. As part of the application for a tentative map or parcel map to convert the Mobile
home park to Resident ownership, the Applicant shall file a conversion impact report as required
by Government Code Section 66427.5(b). No application shall be deemed complete unless a
conversion impact report has been filed and the City has determined that the report complies
with the requirements of this section.
B. At a minimum, the conversion impact report shall include the following, as well as
any other information deemed necessary and appropriate by the City.
1. Identification of all Mobile home owners and Mobile home residents who
reside in the Mobile home park as of the date the application was filed. Of the Mobile home
owners, the Applicant shall identify those on rent control. The Applicant shall also identify
those Mobile home owners and Mobile home residents who are lower income as defined by
Section 50079.5 of the Health and Safety Code, seniors, and/or disabled.
PAGE 11
2. A listing of those Mobile home owners and Mobile home residents in the
Mobile home park who, as of the date the application was filed, would be entitled to purchase his
or her condominium or subdivided unit or continue residency at the Mobile home park as a
tenant after it is converted to a resident owner project, if such project is approved, as required by
Government Code Section 66427.5(a). The Applicant shall also list those Mobile home owners
and Mobile home renters whom the Applicant believes are not entitled to the protections of
Government Code Section 66427.5(a) and the reasons therefor.
3. A list of all Mobile home parks within Cotati, Sonoma County and within a
50-mile radius and an identification of which of those Mobile home parks have vacancies and an
identification of which of those Mobile home parks are comparable to the Mobile home park
which is the subject of the conversion application. This list shall include the age of the Mobile
home park and the Mobile homes therein, a schedule of rents for each park listed including the
types of leases offered, the reported rent, and the criteria of the management of each park for
acceptance of new tenants and used Mobile homes. Information pertaining to rent control, the
availability of medical and dental services, shopping facilities, and all nearby social and religious
services and facilities shall also be included. The report shall also include any written
commitments from the Mobile home park owners that they are willing to accept displaced
Mobile home owners with the listing of known available mobile home lots.
4. The availability and cost of rental housing of comparable size and quality in
the Cotati and Sonoma County. The report shall include the identification and rent levels for all
apartment complexes of 40 or more units within a 15-mile radius of Cotati.
5. The report shall also contain the Applicant’s best estimate of the number of
Mobile homes in the park that may be accommodated in other locations and the number of
Mobile homes for which no reasonable alternative location exists.
6. A description of the improvements the Applicant proposes to make to the
Mobile home park prior to the park being marketed as a Resident ownership project and a
timetable for the performance of those improvements.
7. An estimate of the purchase price projected for each condominium or
subdivided unit and the terms and conditions under which each condominium or subdivided unit
will be offered for sale to the general public.
8. An estimate of the monthly rent projected for each condominium or
subdivided unit and the terms and conditions which will be applicable to the rental of such units.
9. A list of any incentives and/or financial assistance the Applicant proposes to
make available to Mobile home owners and Mobile home residents residing in the Mobile home
park as of the date of the application in order to assist the purchase or lease of condominium or
subdivided units.
PAGE 12
10. A discussion of whether any of the present Mobile home owners or Mobile
home residents will be temporarily displaced during the conversion process to Resident
ownership, the length of time for such expected displacement and the manner in which the
Applicant proposes to mitigate the impacts caused to the Mobile home owner or Mobile home
resident as a result of such displacement.
11. A list of any incentives and/or financial assistance the Applicant proposes to
make available to Mobile home owners and Mobile home residents residing in the Mobile home
park as of the date of the application who may seek to move to other housing instead of
executing the right to purchase his or her condominium or subdivided unit or continue residency
at the Mobile home park as a tenant after it is converted to a Resident owner project.
12. Such other documents or information as the City Manager may reasonably
require as part of the conversion impact report.
C. The City, at its option and sole discretion, may have the conversion impact report
reviewed by a qualified consultant. The Applicant shall pay the full cost and expense of such
review. Upon notification by the City Manager that the City desires a review of the conversion
impact report, the Applicant shall pay to the City, within ten days of date of notice from the City,
the amount determined necessary by the City to perform this review. If the City’s initial
estimate is not sufficient, the Applicant shall pay all other reasonable amounts determined to be
necessary by the City to complete this review within ten days of the date of notice by the City for
such additional funds. If the City Manager determines it necessary, the Applicant shall revise
the conversion impact report in conformance with the consultant review.
D. The Applicant shall provide a copy of the conversion impact report to each Mobile
home owner and Mobile home resident of the Mobile home park at least 15 days prior to the first
hearing on the tentative map or parcel map by the Planning Commission.
17.79.090
a Mobile Home Park to Resident Ownership); Rights of Existing Mobile
Home Owners and Mobile Home Residents Upon Conversion of a Mobile
Home Park to Resident Ownership
A. All Mobile home owners and all Mobile home residents who resided in the Mobile
home park on the date notice was provided pursuant to Section 17.79.060 and who have
continued to reside in the Mobile home park as of the date the tentative map or parcel map was
approved, shall be entitled to either purchase his or her condominium or subdivided unit that was
created by the conversion of the park to resident ownership, or to continue residency as a tenant.
B. The Mobile home owner or the Mobile home resident shall have the right to purchase
his or her condominium or subdivided unit upon the same terms and conditions that such unit
PAGE 13
will be initially offered to the general public or on terms more favorable. The right to purchase
shall include the provision of any incentives or financial assistance identified by the Applicant in
the conversion impact report.
C. If the Mobile home owner or Mobile home resident decides to continue residency as a
tenant, market rate rents shall apply and rent control protections shall no longer be available.
The market rate rental amount shall require City Council discussion at a public hearing. The
Applicant shall be required, prior to the date of the hearing, to provide the City with an appraisal,
conducted in accordance with nationally recognized professional appraisal standards, supporting
the proposed market rate rent. After City Council discussion, market rate rents shall not go into
effect until the first subdivided unit in the Resident ownership project is sold. Until the sale of
the first unit has closed escrow and title has transferred, rent control protections shall continue to
apply.
D. For those Mobile home owners or Mobile home residents who decide to continue
residency as tenants and who are not lower income households as defined by Section 50079.5 of
the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of
any pre-conversion amenities, shall increase from the pre-conversion rent to the market levels
discussed by the City Council, in equal annual increases over a four-year period. In the event the
City Council does not discuss the market level rental amount until after the first subdivided unit
in the Resident ownership project has sold, the Mobile home owner or Mobile home resident
shall owe rent in accordance with this section from the date of the sale of that unit.
E. For those Mobile home owners or Mobile home residents who decide to continue
residency as a tenant and who are lower income households, as defined by Section 50079.5 of
the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of
any pre-conversion amenities, may increase from the pre-conversion rent by an amount equal to
the average monthly increase in rent in the four years preceding the conversion, except in no
event shall the monthly rent be increased by an amount greater than the average monthly
percentage increase in the Consumer Price Index for the most recently reported period. This rent
increase shall not go into effect until the first subdivided unit in the Resident ownership project
has sold. Until such time, rent control protections shall continue to apply.
F. The Applicant may file an application for City Council discussion of the market rate
rent proposed by the Applicant any time after escrow has been established for the sale of the first
subdivided unit in the Resident ownership project. The appraisal submitted by the Applicant as
part of the market rate setting discussion must have been completed within 60 days of the date
the Applicant’s application was filed. The City shall not discuss the market rate setting if the
appraisal is older than 60 days.
G. The City shall provide notice of the hearing before the City Council at least 15 days
prior to the hearing to each Mobile home owner and Mobile home resident of the Mobile home
park. At the hearing, the City Council shall determine if the appraisal submitted by the
PAGE 14
Applicant was conducted in accordance with nationally recognized professional appraisal
standards. If the City Council determines that the appraisal was not conducted in accordance
with nationally recognized professional appraisal standards, the City Council shall order that a
second appraisal be performed by an appraiser selected by the City Council. The Applicant shall
be responsible for paying the full cost of this second appraisal. Once the second appraisal is
complete, the City Council shall schedule another public hearing with 15 days' notice to each
Mobile home owner and Mobile home resident.
H. Mobile home owners and Mobile home residents who, pursuant to paragraph A, are
entitled to either purchase their condominium or subdivided units or continue residency as
tenants shall have until 30 days after the City Council discusses the market rate rent to decide
whether to purchase or rent. If the Mobile home owner or Mobile home resident decides to
purchase, written notice to that effect must be mailed to the applicant within 30 days of the City
Council decision. Mobile home owners or Mobile home residents who exercise the right to
purchase by providing the 30 days' notice shall pay rent in accordance with paragraphs D and E
until escrow on the purchase has closed. Mobile home owners and Mobile home residents who
do not exercise the option to purchase within the time provided above shall continue their
residency as tenants subject to the rental obligations outlined in this section. No tenancy in the
converted ownership project may be terminated except in accordance with Civil Code Section
798.56. For purposes of Civil Code Section 798.56, conversion of the Mobile home park to
Resident ownership shall not be deemed a change in use of the park pursuant to subsection (g) of
Civil Code Section 798.56.
17.79.100
a Mobile Home Park to Resident Ownership); Public Hearings and
Conditions of Approval
A. In addition to notice requirements otherwise imposed by law, the Applicant shall post
at all entrances to the Mobile home park and in a conspicuous location in the Mobile home park
office and clubhouse, notice of the time, place and location of any public hearings before the
Planning Commission or the City Council concerning the review of the tentative map or parcel
map to convert the Mobile home park to Resident ownership. The notices shall be posted at least
15 days before the date of such hearing.
B. At the public hearing, the Planning Commission shall determine whether the
conversion impact report complies with the requirements of Section 17.79.080 and shall make a
recommendation to the City Council on the adequacy of the conversion impact report.
C. The City Council, as part of the public hearing on the tentative map or parcel map,
shall approve the conversion impact report if the City Council determines that it complies with
the requirements of Section 17.79.080.
D. If the City Council approves the tentative map or parcel map to convert the Mobile
PAGE 15
home park to resident ownership, the City Council shall include as part of the conditions of
approval the rights of existing Mobile home owners and Mobile home residents as specified in
Section 17.79.090 above.
E. A tentative or parcel map for the subdivision of a Mobile home park shall be
approved if the following findings are made:
1. A survey of resident support has been conducted and the results filed with the
City in accordance with the requirements of Government Code Section 66427.5 and this Chapter.
2. A conversion impact report has been completed and filed with the city in
accordance with the requirements of Government Code Section 66427.5 and this Chapter.
3. The conversion to resident ownership is consistent with the General Plan, any
applicable Specific or Area Plan, and the provisions of Title 17 of the Cotati Municipal Code.
4. The conversion is a bona-fide resident conversion. For purposes of
determining whether a proposed conversion is a bona-fide resident conversion, the following
criteria shall be used:
(a) Where the survey of resident support is conducted in accordance with
Government Code Section 66427.5 and with this Chapter shows that more than 50% of resident
households support the conversion to resident ownership, the conversion shall be presumed to be
a bona-fide resident conversion.
(b) Where the survey of resident support conducted in accordance with
Government Code Section 66427.5 and with this chapter shows that at least 20% but not more
than 50% of residents support the conversion to resident ownership, the sub-divider shall have
the burden of demonstrating that the proposed conversion is a bona-fide resident conversion. In
such cases, the sub-divider shall demonstrate, at a minimum, that a viable plan, with a reasonable
likelihood of success as determined by the City, is in place to convey the majority of the lots to
current residents of the park within a reasonable period of time.
(c) Where the survey of support conducted in accordance with
Government Code Section 66427.5 and with this Chapter shows that less than 20% of residents
support the conversion to resident ownership, the conversion shall be presumed not to be a bonafide resident conversion.
5. Appropriate provision has been made for the establishment and funding of an
association or corporation adequate to ensure proper long-term management and maintenance of
all common facilities and infrastructure.
17.79.110
Fees for Costs Incurred
The City Council may, by resolution, adopt a fee schedule for the costs incurred by the
City in implementing the provisions of this chapter.
17.79.120
Violations
In addition to any remedies or penalties for noncompliance with this chapter, as provided
elsewhere in the Cotati Municipal Code, any owner of a Mobile home park or Applicant who
PAGE 16
violates any rights of any Mobile home owner or Mobile home resident established under this
chapter shall be liable to that person for actual damages caused by such violation, plus costs and
reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten,
retaliate against or harass any Mobile home owner or resident with the intent to prevent such
person from exercising his or her rights under this chapter.
SECTION III.
Environmental Determination. This ordinance is hereby found to be
categorically exempt from environmental review pursuant to CEQA Guidelines Section
15061(b)(3) in that the City Council finds and determines that there is nothing in this ordinance
or its implementation that could foreseeably have any significant effect of the environment in
that the adoption of this ordinance will not result in any physical change to the environment.
SECTION IV.
Severability. If any section, subsection, sentence, clause or phrase or
word in this ordinance is for any reason held to be unconstitutional, unlawful or otherwise
invalid by a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions may be declared unconstitutional, unlawful or otherwise
invalid.
SECTION V.
Effective Date. This ordinance shall take effect thirty (30) days from its
passage. Before the expiration of fifteen (15) days after its passage, this ordinance, or a
summary thereof, as provided in Government Code Section 36933, shall be published at least
once in a newspaper of general circulation published and circulated in the City of Cotati.
IT IS HEREBY CERTIFIED that the foregoing ordinance was duly introduced at a regular
meeting of the City Council of the City of Cotati on the
day of
, 2008, and legally
day of
, 2008, by the following vote, to wit:
adopted on the
GILARDI
GUARDINO
FOX
MINNIS
ORCHARD
APPROVED:
Mayor
ATTEST:
Deputy City Clerk
City Attorney
PAGE 17
1132479.1
PAGE 18
Attachment 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI ADDING
CHAPTER 17.46 "CONVERSION OF MOBILE HOME PARK TO OTHER USES" TO
TITLE 17 OF THE CITY OF COTATI MUNICIPAL CODE
WHEREAS, there are three mobile home parks in the City of Cotati ("Cotati") containing 107
mobile home spaces; and
WHEREAS, a substantial number of Cotati's mobile home park residents are seniors, lowincome, and/or disabled, many of whom live on limited or fixed incomes; and
WHEREAS, mobile home parks provide a significant source of affordable housing for Cotati
residents; and
WHEREAS, the rent mobile home park residents pay for their spaces is regulated through the
rent control standards administered by the City of Cotati through Chapter 19.14 of the Cotati
Municipal Code; and
WHEREAS, Cotati's mobile home park residents have significant personal and social ties to the
community and have made a substantial financial and personal investment in their mobile home;
and
WHEREAS, Cotati's mobile home owners will face significant cost and risk of potential damage
in locating an alternative site for moving and reinstalling their mobile homes; and
WHEREAS, given the scarcity of mobile home sites in Cotati and Sonoma County and the very
low vacancy rates at such sites, mobile home owners cannot relocate easily within Cotati or
Sonoma County; and
WHEREAS, the California State Legislature recognizes the need to protect mobile home owners
and has enacted legislation to achieve such end; and
WHEREAS, state law, through Government Code Section 65863.7, permits an owner of a
mobile home park to convert a mobile home park to another non-mobile home park use or to
close the mobile home park; and
WHEREAS, Government Code Section 65863.7 authorizes local agencies such as Cotati to
adopt regulations governing this conversion process, including the adoption of measures to
mitigate the adverse impacts of the conversion on the existing mobile home park residents; and
PAGE 1
WHEREAS, it is desirous to adopt regulations governing the conversion process because once
the conversion of a mobile home park to a non-mobile home park use is completed or closure of
the mobile home park, all of the existing residents of the mobile home park will be evicted; and
WHEREAS, on November 8, 2006, the Cotati City Council adopted an urgency ordinance,
Ordinance Number 789, imposing an initial 45-day moratorium on the conversion of mobile
home parks to other uses; and
WHEREAS, on December 13, 2006, the Cotati City Council adopted a subsequent ordinance,
Ordinance Number 791, extending the urgency ordinance to October 28, 2007; and
WHEREAS, on October 24, 2007, the Cotati City Council extended the moratorium for a period
of one additional year, Ordinance Number 810, to October 24, 2008; and
WHEREAS, there is a growing move by mobile home park owners in Sonoma County to initiate
the conversion of mobile home parks; and
WHEREAS, the closure of a mobile home park will have a substantial adverse economic effect
on the mobile home park residents; and
WHEREAS, when a mobile home in an existing park is sold, it is generally sold in place, thus a
mobile home in an existing mobile home park is not often moved from its location once it has
been placed in a mobile home park; and
WHEREAS, there are few vacant spaces in mobile home parks within the immediate vicinity of
the City of Cotati, and the number of vacant spaces in Sonoma County is limited; and
WHEREAS, relocating homeowners in an area in excess of fifty (50) miles from their existing
home creates a special hardship, particularly for elderly and/or disabled residents who need to be
in social service support networks and close to social services; and
WHEREAS, a move in excess of fifty (50) miles would seriously disrupt these support
resources, would jeopardize the jobs of those residents currently employed, and would not
constitute adequate replacement housing for such residents; and
WHEREAS, due to the preceding circumstances, spaces in the existing mobile home parks in
Cotati represent an important component of the housing stock in the City especially for senior
citizens, the disabled, and/or persons of low/moderate income; and
WHEREAS, unless mitigation measures are undertaken, the conversion of mobile home parks
to other uses would have a substantial adverse economic effect upon the mobile home residents
in terms of cost of relocation, including the significantly higher cost of other types of housing in
PAGE 2
the immediate area if such mobile home residents cannot relocate to other mobile home parks;
and
WHEREAS, mobile home owners have invested substantial sums in the acquisition, installation
and maintenance of their mobile homes, and these units represent their sole or principal financial
asset; and
WHEREAS, one result of conversion, unless mitigated, can be the destruction of the value of
the mobile home; and
WHEREAS, this destruction of value would be a direct cost of relocation and would adversely
affect the homeowners' ability to find adequate replacement housing, so that it is important to
provide reasonable relocation assistance to avoid such an adverse effect; and
WHEREAS, it is the policy of State law, as enunciated in Government Code Sections 65863.7,
that prior to the conversion of a mobile home park to other uses, or prior to the closure of a park
or the cessation of use of the land as a mobile home park, the proponent of the proposed change
of use must file a report on the impact of such change with the public agency having jurisdiction
over the mobile home park, and the agency shall have the power to require measures to be
undertaken to mitigate the adverse impacts of such conversion upon the ability of displaced
residents to find adequate replacement housing; and
WHEREAS, the Cotati City Council wishes to follow the policy of State law; and
WHEREAS, on regulating the conversion of mobile home parks to other uses or the cessation of
use is consistent with the Cotati's General Plan, Municipal Code, and Land Use Code; and
WHEREAS, Policy H-2.10 of the Housing Element of the Cotati General Plan provides that the
City will "[e]ncourage the preservation and maintenance of the community's mobile home
parks;" and implementing policy IP-2.10.2 provides that the City will "[w]ork with residents and
owners to facilitate resident purchase of mobile home parks, including identifying sources such
as HCD's Mobilehome Park Resident Ownership Program;" and
Government Code Section 65854 on July 21, 2008, the Planning Commission reviewed the
proposed amendments to the Cotati's Land Use Code and recommended the proposed
amendments to the Cotati City Council; and
WHEREAS, the on July 21, 2008, the Planning Commission received compelling public
testimony provided by mobile home park residents which articulated that the tenants live on
limited fixed incomes, have invested their limited life savings, enjoy the community camaraderie
of their park, and overall have a concern that they will be without a home or options if their
mobile home park were converted; and
PAGE 3
WHEREAS, on July 21, 2008, the Planning Commission found that the proposed ordinance is to
be categorically exempt from environmental review pursuant to CEQA Guidelines Section
15061(b)(3) in that it found and determined that there is nothing in this ordinance or its
implementation that could foreseeably have any significant effect on the environment in that the
adoption of this ordinance will not result in any physical change to the environment; and
Government Code Section 65856, on August 27, 2008, the City Council, upon hearing and
considering all testimony and arguments, if any, of all persons desiring to be heard, the Council
considered all the facts relating to the proposed amendments to the City of Cotati Land Use
Code.
NOW, THEREFORE, the Cotati City Council does ordain as follows:
SECTION I.
The above recitations are true and correction.
SECTION II:
Article 4 of Title 17, the Land Use Code, is hereby amended to add a new
Chapter 17.46 entitled, "Conversion of Mobile Home Park to Other Uses," to read and provide as
follows:
17.46.010.
Purpose
A. The purpose of this chapter is to ensure that any proposed conversion of an existing
mobile home park to another use, including a proposal to close a mobile home park or to cease
using the land upon which the mobile home park is located as a mobile home park, is consistent
with the provisions of this chapter, Section 65863.7 of the Government Code and Section 798.56
of the Civil Code. This requires that the conversion of a mobile home park be preceded by
adequate notice, the filing and distribution of a conversion impact report on the effect of a
conversion on mobile home park residents, and the adoption of measures imposed on the
applicant to mitigate the adverse effects on mobile home park residents displaced by such
conversion.
B. The City Council finds and declares that unless mitigation measures are required in
conformance with Government Code Section 65863.7 and this chapter, the conversion of mobile
home parks could have a substantial adverse effect upon park residents in terms of cost of
relocation, the scarcity of similar comparable housing within a reasonable proximity to Cotati,
and significantly higher costs for other types of housing in the immediate area if park residents
cannot relocate to other mobile home parks.
C. It is the intent and purpose of the City Council in adopting this chapter to establish
reasonable standards and requirements in accordance with the authority granted by State law to
PAGE 4
mitigate the adverse effects of relocation upon mobile home park residents who are confronted
with a proposed conversion of their mobile home park or portions of the park.
17.46.020
Definitions
As used in this chapter, the following words and phrases shall have the following
meanings:
A. “Applicant” means the person, firm, entity or corporation applying for the conversion,
closure or cessation of the use of the land at issue as a mobile home park or any part thereof. If
the owner of the controlling interest in the mobile home park is not the Applicant, then the
Applicant must provide evidence of the controlling owner’s consent to the filing of the
application.
B. "Comparable housing" means housing that is comparable in floor area and number of
bedrooms to the mobile home to which comparison is being made, which housing meets the
minimum standards of the State Uniform Housing Code.
C. "Comparable mobile home park" means any other Mobile home park substantially
equivalent in terms of park conditions, amenities, rent and other relevant factors, such as
proximity to public transportation and shopping, the job market where a displaced resident is
gainfully employed, social services which are used by a displaced resident, and proximity to
schools if the resident has school-age children.
D. "Conversion of a mobile home park" means a change in the use of a Mobile home
park to a purpose other than the rental, or the holding out for rent, of some or all of the Mobile
home lots at the Mobile home park to accommodate Mobile homes used for human habitation.
A conversion shall also include the closure or cessation of all or a portion of the park as a
Mobile home park, whether immediately or on a gradual basis.
E. "Designated resident organization" means any association of Mobile home owners
and/or Mobile home residents within a Mobile home park which has, not later than fifteen days
after issuance of a notice of intent to convert a Mobile home park, provided the owner or
manager of the Mobile home park written notice of the following:
1. The name and address of the organization.
2. The name and address of the representative of the organization to whom
all notices under this chapter shall be given.
3. A statement that the organization is interested in purchasing the mobile home
park.
F. "Disabled mobile home owner" means a Mobile home owner who is the primary
PAGE 5
wage earner of a household, or a single person, with any medically determinable physical or
mental impairment limiting his or her mobility, substantially affecting his or her ability to
obtain employment, or requiring special care facilities in the Mobile home. "Physical or mental
impairment" is an impairment that results from anatomical, physiological or psychological
abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic
techniques.
G. "Mobile home" means a structure designed for human habitation or for being moved
on a street or highway with a permit pursuant to Section 35790 of the Vehicle Code. Mobile
home includes a manufactured home, as defined in Section 18007 of the Health and Safety Code,
and a mobile home as defined in Section 18008 of the Health and Safety Code, but does not
include a recreational vehicle, as defined in Civil Code Section 799.29, a commercial modular,
as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing, as defined
in Section 19971 of the Health and Safety Code.
H. "Mobile home lot" means a portion of a Mobile home park designated or used for the
occupancy of one mobile home.
I. "Mobile home owner" means a person who has the right to the use of a Mobile home lot
within a Mobile home park on which to locate, maintain, and occupy a Mobile home, lot
improvements and accessory structures for human habitation, including the use of the services and
facilities of the park.
J. "Mobile home park" means an area of land where two or more Mobile home lots
are rented or leased, or held out for rent or lease, to accommodate Mobile homes used for
human habitation.
K. "Mobile home resident" means a person, including a Mobile home owner, who
occupies a mobile home.
17.46.030
Exemptions
A. This chapter shall not apply to conversion projects which include a subdivision
map except as specifically required by Chapter 17.79 of this Code.
B. This chapter shall not apply when the closure or cessation of use of a mobile
home park results from an adjudication of bankruptcy. It shall be the responsibility of the
Applicant to present Cotati with certified copies of all court documents which establish that
the closure or cessation results from a bankruptcy adjudication.
17.46.040
Disclosure of Notification Requirements
When an application has been made to the City for the conversion of a Mobile home
park, the City shall inform the Applicant, in writing, of the provisions of Civil Code
Section 798.56 and of all applicable City requirements which impose on the Applicant the
PAGE 6
duty to notify the residents and Mobile home owners of the Mobile home park about the
conversion application. Notice shall be transmitted to the residents and Mobile home
owners by either mail, return receipt requested, or by personal service. When personal
service is made, a written certificate of proof of service shall be filed with the City. This
disclosure shall be made at least 30 days prior to any hearing on the application. No
hearing on the application shall be held or any other action taken on the application until
the Applicant has verified, to the satisfaction of the City, that required notices have been
provided to the residents and Mobile home owners.
17.46.050
Applicability
A. No legislative action or discretionary land use permit for the conversion of a
Mobile home park shall be approved until a conversion impact report has been submitted as
required by this chapter and the Cotati City Council, at a public hearing, has considered and
approved the conversion impact report and the City Council has imposed conditions to
mitigate the adverse impacts on Mobile home owners and Mobile home residents caused by
the conversion of the Mobile home park. The conditions imposed by the City Council to
mitigate the adverse impacts on Mobile home owners shall not exceed the reasonable cost
of relocation.
B. No closure of a Mobile home park or cessation of the use of the land as a Mobile
home park shall occur until a conversion impact report has been submitted as required by
this chapter and the Cotati City Council, at a public hearing, has considered and approved
the conversion impact report and the City Council has imposed conditions to mitigate the
adverse impacts on Mobile home owners and Mobile home residents caused by the closure
of the Mobile home park or the cessation of the use of the land as a Mobile home park. The
conditions imposed by the City Council to mitigate the adverse impacts on Mobile home
owners shall not exceed the reasonable cost of relocation.
17.46.060
Right of Negotiated Purchase
A. At least 90 days prior to the date of filing an application to convert a Mobile
home park to another use, to close the Mobile home park or to cease the use of the land as a
Mobile home park, the Applicant shall notify, in writing by certified mail, each Mobile
home owner, Mobile home resident and the Designated resident organization of the
proposed project of the Applicant’s intention to convert. Said notice of intention to convert
shall contain a statement that (1) the Applicant proposes a conversion of the Mobile home
park; (2) the Applicant will file an application for conversion with Cotati; (3) a Designated
Resident Organization has the rights set forth in subsection 17.46.060(C); and, if
applicable, (4) the Applicant shall file an application for a final public report with the
California Department of Real Estate.
B. A Designated resident organization shall have the right to negotiate for purchase of a
PAGE 7
Mobile home park for which a conversion is proposed, if the designated resident organization
mails a written notice of its intention to exercise this right to the Applicant within 30 days of the
date of issuance of the notice of intention to convert.
C. If the Designated resident organization has provided written notice to the
Applicant within the time provided for above, the Applicant and the Designated resident
organization shall enter into good faith negotiations for the purchase of the Mobile home park
by the Designated resident organization. This good faith negotiation period shall continue
until the end of the 90-day notice period provided for above. The Applicant and the
Designated resident organization may agree to shorten the good faith negotiation period and
the Applicant may agree to extend such period. Cotati shall not accept an application for the
conversion of the Mobile home park as complete unless the Applicant verifies, under penalty
of perjury, compliance with this section and compliance with the good faith negotiation
obligation with the Designated resident organization which is imposed by this section.
17.46.070
Notice to Prospective Residents
When an application to convert a Mobile home park to another use, to close the
Mobile home park or to cease the use of the land as a Mobile home park has been filed with
the City, the Mobile home park owner shall advise each prospective Mobile home owner and
each prospective Mobile home resident who proposes to rent a Mobile home lot or rent a
Mobile home within such park in writing of such application and of the Mobile home park
owner’s desire to convert the Mobile home park. This written notice shall be provided to
each prospective Mobile home owner or Mobile home resident either prior to the execution
of a rental agreement or commencement of occupancy, whichever occurs first. Notice that an
application to convert the Mobile home park to another use, to close the Mobile home park or
to cease the use of the land as a Mobile home park shall also be posted at all entrances of the
Mobile home park and in a conspicuous location in the Mobile home park office and
clubhouse.
17.46.080
Supplemental Information Required
A. In addition to the materials which must be submitted in connection with any
legislative action or discretionary land use permit for the conversion of a Mobile home park to
another use, the Applicant shall file the following information as part of the application to
convert a Mobile home park to another use, to close the Mobile home park or to cease the use
of the land as a Mobile home park:
1. A declaration that, after the date of filing of such application, each
prospective Mobile home owner and Mobile home resident of the Mobile home park shall
receive written notice that complies with the requirements of Section 17.46.070, and that the
mobile home park owner has posted the signage also required by Section 17.46.070.
PAGE 8
2. A declaration, under penalty of perjury, that the Applicant has complied
with the right of negotiated purchase obligations provided for in Section 17.46..060.
3. A statement detailing the current ownership of all improvements and
underlying land; the name and address of each present Mobile home resident and Mobile home
owner within the Mobile home park on three sets of gummed labels for the mailing of public
hearing notice.
4. A timetable for conversion, closure or cessation of the Mobile home park use.
5. A conversion impact report on the impact of the conversion project on the
Mobile home park residents which complies with the requirements of Section 17.46.090 and
Section 65863.7 of the California Government Code.
6. A boundary map and survey showing the location of all existing easements,
structures, mature and/or scenic trees, and other improvements upon the property.
7. If applicable, the proposed organizational documents and true copies of
any and all documents submitted to the California Department of Real Estate for the
proposed conversion project subject to the following provisions:
a. The Applicant shall file with Cotati a true copy of any amended,
revised or additional documents submitted to the Department of Real Estate ten days prior to
the public hearing before the Planning Commission on the conversion project.
b. The applicant shall file with Cotati a true copy of the final public
report within ten days of issuance by the Department of Real Estate.
8. An official site plan for the Mobile home park.
9. Such other documents or information as Cotati may require to further the
purposes of this chapter.
B. Copies of the complete application to convert a Mobile home park to another use,
including the application materials required in connection with any legislative action or
discretionary approvals for the conversion, plus the supplemental information required by this
section, shall be made available upon request at the on-site office of the Mobile home park,
during regular business hours, to Mobile home owners and Mobile home residents. In the event
the application is revised in order that the City may accept the application as complete, a copy of
the revised application shall be made available at the on-site office of the Mobile home park,
during regular business hours, to Mobile home owners and Mobile home residents.
17.46.090
Conversion Impact Report
PAGE 9
A. All Applicants filing an application to convert a Mobile home park to another use, to
close the Mobile home park or to cease the use of the land as a Mobile home park shall file a
conversion impact report as part of the application. No application shall be deemed complete
unless a conversion impact report has been filed and the City had determined that the report
complies with the requirements of this section.
B. At a minimum the conversion impact report shall include the following, as well as
any other information deemed necessary and appropriate by the City:
1. A detailed description of the Mobile home spaces within the Mobile
home park, including but not limited to:
a. The total number of Mobile home spaces in the park and the number
of spaces occupied; the monthly space vacancy over the preceding two years of each Mobile
home lot proposed to be converted;
b. The square footage of each Mobile home lot and the length of
time each space has been occupied by the present resident(s) thereof;
c. The age, size, and type of Mobile home occupying each space;
d. The current or last monthly rent charged for each space, including any
utilities or other costs paid by the present resident(s) thereof, and the rental rate for the
preceding two years.
2. Identification of all residents sixty-two years and over, all residents with
minor children, all permanently disabled residents, all Mobile home owners on rent control, all
Mobile home owners on leases and all residents of the Mobile home park who live in a parkowned Mobile home and pay rent for both the Mobile home and the Mobile home lot. The
number of very-low, low, and moderate income residents shall also be provided.
3. A listing of those Mobile home owners and Mobile home residents in the
Mobile home park entitled to relocation assistance benefits pursuant to the provisions of this
chapter and a listing of those Mobile home owners and residents whom the Applicant believes
are not entitled to such assistance as well as the reasons therefor.
4. A list of all Mobile home parks within Cotati, Sonoma County, and within a
50-mile radius and an identification of which of those Mobile home parks have vacancies and
an identification of which of those Mobile home parks are comparable to the Mobile home park
which is the subject of the conversion application. This list shall include the age of the Mobile
home park and the Mobile homes therein, a schedule of rents for each park listed including the
types of leases offered, the reported rent, and the criteria of the management of each park for
PAGE 10
acceptance of new tenants and used Mobile homes. Information pertaining to rent control, the
availability of medical and dental services, shopping facilities, and all nearby social and
religious services and facilities shall also be included. The report shall also include any written
commitments from the Mobile home park owners that they are willing to accept displaced
Mobile home owners with the listing of known available mobile home lots.
5. A detailed analysis of the economic impact of the relocation on the Mobile
home owner, including comparisons of current rents paid for Mobile home lots and rents to be
paid for Mobile home lots at comparable Mobile home parks within Cotati, Sonoma County and
other mobile home parks within a 50-mile radius.
6. The identification of two moving companies, which must be approved by the
City, along with the address and telephone numbers of these moving companies, with estimates
as to the per mile costs of moving Mobile homes of various sizes including, but not limited to,
tear down and set up of Mobile homes, and the moving of personal property, and any direct or
indirect costs associated with a relocation of a Mobile home to another Mobile home park.
7. The availability and cost of rental housing of comparable size and quality in
Cotati and Sonoma County. The report shall include the identification and rent levels for all
apartment complexes of 40 or more units within a 15-mile radius of Cotati.
8. The identification of two moving companies, which must be approved by
Cotati, along with the address and telephone numbers of these moving companies, with estimates
as to the costs by weight, volume or other identified basis for the moving of the furnishings and
personal possessions of the Mobile home owners and residents to other rental housing if it
becomes infeasible to move to another Mobile home park.
9. The identification of three Members of the Appraisal Institute ("MAI"),
appraisers of mobile homes, who must be approved by Cotati, along with the address, telephone
number and fee schedule for each approved appraiser.
10. The identification of three housing specialists, who must be approved by the
City, along with the address, and telephone number of each housing specialist. The services
which shall be provided by the housing specialists include, but are not limited to, assistance in
locating a suitable replacement Mobile home park, coordination of moving the Mobile home
and personal property, assistance in locating comparable rental housing, the moving of
furnishings and other possessions to such rental housing and any other tasks necessary to
facilitate the relocation to other comparable housing.
11. The report shall also contain the property owner's best estimate of the
number of Mobile homes in the park being closed that may be accommodated in other
locations and the number of Mobile homes for which no reasonable alternative location
exists.
PAGE 11
12. A relocation plan, which must include a timetable for implementing the
physical relocation of Mobile homes, the securing of comparable housing for persons whose
Mobile homes cannot be relocated and the implementation of other relocation assistance.
13. Such other documents or information as the city manager may
reasonably require as part of the conversion impact report.
C. Cotati, at its option and sole discretion, may have the conversion impact report
reviewed by a qualified consultant. The Applicant shall pay the full cost and expense of
such review. Upon notification by the City Manager that the City desires a review of the
conversion impact report, the Applicant shall pay to the City, within ten days of date of
notice from the City, the amount determined necessary by the City to perform this review.
If the City’s initial estimate is not sufficient, the Applicant shall pay all other reasonable
amounts determined to be necessary by the City to complete this review within ten days of
the date of notice by the City for such additional funds. If the City Manager determines it
necessary, the Applicant shall revise the conversion impact report in conformance with the
consultant review and recommendations.
17.46.100
Special Notice and Informational Meeting Requirements
A. In addition to the notice otherwise required in connection with any legislative
action or the issuance of discretionary permits in connection with the proposed conversion
of a Mobile home park to another use, the following notice shall be given in all instances
involving an application to convert a Mobile home park to another use, to close the Mobile
home park or to cease the use of the land as a Mobile home park.
1. At least 15 days before the date set for hearing before the Planning
Commission and City Council, a notice of the time, place, and purpose of any public hearing
on an application for a conversion of the Mobile home park shall be sent by the City to each
resident and Mobile home owner of the Mobile home park.
2. A copy of the staff report prepared for the hearing before the Planning
Commission and City Council on the Mobile home park conversion application shall be mailed
to each Mobile home owner and each Mobile home park resident at least five days before the
date set for hearing.
3. The failure of the City to mail any notice or report, or the failure of any
Mobile home owner or resident to receive the same, shall not affect the validity of any
proceedings taken under this chapter, nor prevent the Planning Commission or City Council
from proceeding with any hearing at the time and place set therefor.
B. In addition to the above noticing requirements and at least 15 days prior to the date
of a public hearing before the Planning Commission and/or City Council, the Applicant shall
PAGE 12
cause to be prepared and installed at all park entrances signage describing the proposed
conversion project and the date, time and location of the public hearing. The sign material,
color, type style, size and installation shall be approved by the City Manager.
C. Within five days of receipt of a final public report on the proposed project from the
California Department of Real Estate, if applicable, the Applicant shall notify each of the
Mobile home owners and residents of the Mobile home park of the issuance of said report. The
notice shall indicate that copies of said report are available on request.
D. At the time an application is filed to convert a Mobile home park to another use, to
close the Mobile home park or to cease the use of the land as a Mobile home park, and prior to
the Planning Commission public hearing on the application, the City Manager shall hold an
educational forum for the Mobile home owners and Mobile home park residents to explain the
application process and the requirements for, and components of, a conversion impact report.
Simplified educational materials regarding the ordinance shall be prepared, as appropriate, for
distribution to the residents and Mobile home owners.
E. The cost to the City in providing the notice and conducting the educational forum,
including the preparation of educational materials, shall be included as part of the fees
established by the City in implementing this chapter as provided for in Section 17.46.150.
17.46.110
Mitigation of Adverse Impacts and Reasonable Costs of Relocation
A. All Mobile home owners who rented a Mobile home lot in the Mobile home park,
and all Mobile home residents who rented a Mobile home from the park owner as of the date of
the notice provided in Section 17.46.060(A) shall be entitled to the reasonable costs of
relocation as provided for herein.
B. The City Council, upon reviewing the conversion impact report and the
recommendation of the Planning Commission, shall require the Applicant to mitigate the
adverse impacts caused by the conversion of a Mobile home park to another use, the closure of
the Mobile home park or the cessation of the use of the land as a Mobile home park in a manner
not to exceed the reasonable costs of relocation.
C. As used in this chapter, the reasonable costs of relocation shall include:
1. The reasonable cost of relocating a displaced Mobile home owner’s Mobile
home, accessories, and possessions, including the costs for disassembly, removal,
transportation, and reinstallation of the Mobile home and accessories at the new site, and
replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage
sheds, cabanas, and earthquake bracing if necessitated by the relocation; indemnification for any
damage to personal property of the Mobile home owner caused by the relocation; reasonable
living expenses of displaced Mobile home owner from the date of actual displacement to the
PAGE 13
date of occupancy at the new site; payment of any security deposit required at the new site; and
the difference between the rent paid for a Mobile home lot in the existing park and any higher
rent for a Mobile home lot at the new site for the first 24 months of the relocated tenancy. For
Disabled mobile home owners, the reasonable cost of relocation shall mean any higher rent for a
Mobile home lot at the new site for the first 36 months of the relocated tenancy.
2. If the City Council determines that a particular Mobile home cannot be
relocated to a Comparable mobile home park within Cotati or Sonoma County (and no other
identified location is acceptable to the homeowner) and the Mobile home owner has elected to
sell his or her Mobile home, then the City Council may, as a part of the reasonable cost of
relocation as provided in Government Code Section 65863.7(e) require the Applicant to provide
for the purchase of the Mobile home. The purchase price shall be determined based upon
consideration of factors, including the value of the Mobile home in its current location including
the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake
bracing, and assuming the continuation of the Mobile home park in a safe, sanitary, and well
maintained condition, and not considering the effect of the conversion on the value of the
Mobile home. The purchase price shall be determined by an appraisal of the Mobile home by
one of the appraisers listed in the conversion impact report. The Applicant shall be responsible
for the entire cost of the appraisal. If the Mobile home owner disputes the value of a Mobile
home, the Mobile home owner shall select one of the other appraisers listed in the conversion
impact report to prepare an appraisal. The Mobile home owner shall be responsible for paying
the costs of that appraisal. The appraisals shall be made no more than 60y days prior to their
submittal. The mobile home owner shall be entitled to the average of the appraisals performed
by the applicant and the mobile home owner.
3. For those Mobile home owners and Mobile home residents who move to other
rental housing, the reasonable cost of relocation shall include a rent subsidy for 24 months
based on the difference between the rent of the rental housing leased by the Mobile home owner
or Mobile home resident and the rent of the Mobile home lot or Mobile home on the date of the
notice provided for in Section 17.46.060(A). A Disabled mobile home owner shall be entitled
to a rent subsidy for 36 months. The reasonable cost of relocation shall also include reasonable
living expenses from the date of actual displacement to the date of occupancy at the new site,
payment of any security deposit required at the new site and reasonable moving expenses for
furnishings and personal property from the mobile home park to the new site.
D. The Applicant and a Mobile home owner or Mobile home resident may agree to
other mutually satisfactory relocation assistance. To be valid, such an agreement must be in
writing and must include a provision stating that the Mobile home owner or Mobile home
resident is aware of the provisions of this chapter and voluntarily agrees to the relocation
assistance contained in the agreement. A copy of this chapter shall be included as an attachment
to the agreement. The agreement shall contain a provision in at least 10 point type clearly
stating the importance of obtaining legal advice prior to the signing of the agreement and the
Applicant and Mobile home owner shall initial that portion of the agreement.
PAGE 14
E. When any Mobile home owner or Mobile home resident gave notice of his/her intent
to move prior to the date of the notice provided for in Section 17.46.060(A), eligibility for the
costs of relocation shall be forfeited.
F. A Mobile home owner or Mobile home resident who moves to the Mobile home park
after having received notice pursuant to Section 17.46.070 shall not be entitled to the reasonable
costs of relocation if such person has executed a written agreement waiving the receipt of the
reasonable costs of relocation. To be effective, the waiver must contain the text of this chapter
and must state that the person executing the waiver has read and understood his or her rights
pursuant to this chapter and knowingly agreed to waive those rights.
17.46.120
Public Hearings; Findings
A. A public hearing on the conversion impact report shall be held in conjunction with
any public hearing by the Planning Commission and City Council on any legislative action and
discretionary land use approvals required for the conversion of the Mobile home park to another
use. If the Applicant seeks only to close the Mobile home park, or cease the use of the land as a
Mobile home park, the Planning Commission and City Council shall conduct a public hearing
on the conversion impact report as a condition to the Applicant’s ability to close the Mobile
home park or cease the use of the land as a Mobile home park.
B. The Planning Commission shall make a recommendation to the City Council on the
adequacy of the conversion impact report.
C. Upon receipt of the Planning Commission’s recommendation, the City Council shall
hold a public hearing. City Council approval of the conversion impact report shall require that
the City Council make the following determinations:
1. That the conversion impact report complies with the requirements of this
chapter. If the City Council determines that the conversion impact report does not comply with
the requirements of this chapter, the City Council shall specify in which respects the conversion
impact report fails to comply with such requirements. The City Council may condition any
legislative actions and discretionary land use approvals required for the conversion to the
Mobile home park to another use upon the completion of specific amendments to the conversion
impact report. In the alternative, the City Council may continue further action on the
conversion project until the conversion impact report is found by the City Council to comply
with the requirements of this chapter.
2. That specified conditions shall be imposed upon the conversion of the Mobile
home park to another use, the closure of the Mobile home park, or the cessation of the use of the
land as a Mobile home park to mitigate adverse impacts upon the ability of displaced Mobile
home owners and Mobile home residents to find adequate housing in a Mobile home park and to
PAGE 15
require that reasonable costs of relocation be paid as set forth in this chapter.
D. No legislative action or discretionary permit for the conversion of the Mobile home
park to another use shall be approved unless and until the City Council has first determined that
the conversion impact report complies with the requirements of this chapter, or by specific
amendments, will comply with this chapter, and conditions have been imposed on the Applicant
to mitigate adverse impacts on the displaced Mobile home owners and Mobile home residents
through the requirement that the Applicant pay the reasonable costs of relocation as set forth in
this chapter.
17.46.130
Applicant Obligations After Approval of the Conversion Impact Report
A. In accordance with Civil Code Section 798.56(g), after all required legislative
actions and discretionary permits have been approved by the City Council, that Applicant shall
give the Mobile home owners and the Mobile home residents six months or more written notice
of termination of tenancy.
B. No later than 30 days after the City Council has approved the conversion impact
report and issued the findings as required by Section 17.46.120(C), or if a conversion to another
use governed by Section 17.79.030 the findings as required by Section 17.79.040(C), one of the
housing specialists identified in the conversion impact report shall make personal contact with
each Mobile home owner and Mobile home resident to determine the applicable costs of
relocation the Mobile home owner and/or Mobile home resident is entitled to and to outline the
services the housing specialist will provide the Mobile home owner and/or Mobile home
resident in securing alternate housing. The Mobile home owner and/or Mobile home resident
shall agree to a schedule of services to be provided by the housing specialist. All of the costs
associated with the services provided by the housing specialist shall be paid for by the
Applicant.
C. Not less than 30 days prior to the date a Mobile home owner or Mobile home
resident is required to vacate the Mobile home park, the Applicant shall pay any cash or
monetary relocation costs required by this chapter to the Mobile home owner or Mobile home
resident, or to any former Mobile home owner or Mobile home resident entitled to such costs.
The Applicant shall also pay relocation costs to any person, firm or corporation performing
relocation related services for the Mobile home owner or Mobile home resident as he or she
may direct. If the Applicant purchases the Mobile home pursuant to Section 17.46.110(C)(2),
the Mobile home owner shall promptly submit to the Applicant all documents necessary to
transfer complete title and ownership of the Mobile home to the Applicant, free and clear of all
security interests, liens and other encumbrances.
D. All mitigation measures imposed in the City Council’s approval of the conversion
impact report shall be fully performed prior to the required vacation of the Mobile home park by
the Mobile home owner or Mobile home resident, unless otherwise provided in the City Council
PAGE 16
approval. No Mobile home owner or Mobile home resident shall be required to vacate the
Mobile home park unless the Applicant is in full compliance with all mitigation measures
imposed by the City Council pertaining to that Mobile home owner or Mobile home resident.
17.46.140
Issuance of Grading and/or Building Permits
No building permit shall issue for the conversion of the Mobile home park until the
Applicant has filed with the City a verified statement, made under penalty of perjury, that all
required relocation assistance has been paid by the Applicant to each eligible Mobile home
owner or Mobile home resident. Such statement shall identify in itemized form each payee, the
amount paid, the date of payment, and the type of relocation or other assistance for which each
such payment was made.
17.46.150
Fees for Costs Incurred
The City Council may, by resolution, adopt a fee schedule for the costs incurred by the
City in implementing the provisions of this chapter.
17.46.160
Closure
Occupancy of Park Below Twenty Percent or Other Evidence of Park
A. The owner of a Mobile home park shall file a notice with the City Manager
whenever 20 percent or more of the total number of Mobile home lots in a Mobile home park
are uninhabited. For purposes of this chapter, a Mobile home lot is uninhabited when it is either
(1) unoccupied by a Mobile home or (2) occupied with a Mobile home in which no persons
reside. When 20 percent or more of the Mobile home lots are uninhabited, this shall be deemed
a conversion of the Mobile home park by closure or cessation of use in accordance with the
provisions of this section unless the owner of the Mobile home park demonstrates that closure
of the Mobile home park is not occurring. The owner of the Mobile home park shall provide the
City Manager with the reasons why this rate of vacancy does not constitute a conversion of the
Mobile home park through closure or cessation at the same time the owner provides the City
Manager with notice that 20 percent of the lots are uninhabited.
B. The City Manager, or the City Manager’s designee, shall investigate whether this 20
percent vacancy rate indicates a conversion of some or all of the Mobile home park. If, as a
result of the investigation, the City Manager determines that some or all of the Mobile home
park is being converted through closure or cessation, the City Manager shall provide the owner
of the Mobile park with written notice of this fact and the reasons upon which the City Manager
bases his or her conclusion. The Mobile home park owner shall be directed to prepare and file
with the City a conversion impact report by a designated date. When the conversion impact
report is deemed complete, a hearing shall be scheduled before the Planning Commission and
then the City Council.
PAGE 17
C. The determination of the City Manager may be appealed by the owner of the Mobile
home park by filing a written notice of appeal with the City Clerk not more than 15 days after
the receipt of the City Manager’s notice. A hearing on the appeal shall be scheduled before the
City Council which shall render a decision on the appeal.
17.46.170
Violations
In addition to any remedies or penalties for noncompliance with this chapter, as
provided elsewhere in the Cotati Municipal Code, any owner of a Mobile home park or
Applicant who violates any rights of any Mobile home owner or Mobile home resident
established under this chapter shall be liable to that person for actual damages caused by such
violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any
willful action to threaten, retaliate against or harass any Mobile home park owner or resident
with the intent to prevent such person from exercising his or her rights under this chapter.
SECTION III.
Environmental Determination. This ordinance is hereby found to be
categorically exempt from environmental review pursuant to CEQA Guidelines Section
15061(b)(3) in that the City Council finds and determines that there is nothing in this ordinance
or its implementation that could foreseeably have any significant effect of the environment in
that the adoption of this ordinance will not result in any physical change to the environment.
SECTION IV.
Severability. If any section, subsection, sentence, clause or phrase or
word in this ordinance is for any reason held to be unconstitutional, unlawful or otherwise
invalid by a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions may be declared unconstitutional, unlawful or otherwise
invalid.
This ordinance shall take effect thirty (30) days
SECTION V.
Effective Date.
from its passage. Before the expiration of fifteen (15) days after its passage, this ordinance, or a
summary thereof, as provided in Government Code Section 36933, shall be published at least
once in a newspaper of general circulation published and circulated in the City of Cotati.
IT IS HEREBY CERTIFIED that the foregoing ordinance was duly introduced at a regular
day of
, 2008, and legally
meeting of the City Council of the City of Cotati on the
adopted on the
day of
, 2008, by the following vote, to wit:
GILARDI
GUARDINO
FOX
MINNIS
ORCHARD
PAGE 18
APPROVED:
Mayor
ATTEST:
Deputy City Clerk
City Attorney
1132432.1
PAGE 19
Attachment 4
Government Code §66427.5
66427.5. At the time of filing a tentative or parcel map for a subdivision to be created from the
conversion of a rental mobilehome park to resident ownership, the subdivider shall avoid the
economic displacement of all nonpurchasing residents in the following manner:
(a) The subdivider shall offer each existing tenant an option to either purchase his or her
condominium or subdivided unit, which is to be created by the conversion of the park to resident
ownership, or to continue residency as a tenant.
(b) The subdivider shall file a report on the impact of the conversion upon residents of the
mobilehome park to be converted to resident owned subdivided interest.
(c) The subdivider shall make a copy of the report available to each resident of the mobilehome
park at least 15 days prior to the hearing on the map by the advisory agency or, if there is no
advisory agency, by the legislative body.
(d) (1) The subdivider shall obtain a survey of support of residents of the mobilehome park for
the proposed conversion.
(2) The survey of support shall be conducted in accordance with an agreement between the
subdivider and a resident homeowners' association, if any, that is independent of the subdivider
or mobilehome park owner.
(3) The survey shall be obtained pursuant to a written ballot.
(4) The survey shall be conducted so that each occupied mobilehome space has one vote.
(5) The results of the survey shall be submitted to the local agency upon the filing of the
tentative or parcel map, to be considered as part of the subdivision map hearing prescribed by
subdivision (e).
(e) The subdivider shall be subject to a hearing by a legislative body or advisory agency, which
is authorized by local ordinance to approve, conditionally approve, or disapprove the map. The
scope of the hearing shall be limited to the issue of compliance with this section.
(f) The subdivider shall be required to avoid the economic displacement of all nonpurchasing
residents in accordance with the following:
(1) As to nonpurchasing residents who are not lower income households, as defined in
Section 50079.5 of the Health and Safety Code, the monthly rent, including any
applicable fees or charges for use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal conducted in accordance
with nationally recognized professional appraisal standards, in equal annual increases
over a four-year period.
(2) As to nonpurchasing residents who are lower income households, as defined in
Section 50079.5 of the Health and Safety Code, the monthly rent, including any
applicable fees or charges for use of any preconversion amenities, may increase from the
preconversion rent by an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event shall the monthly
rent be increased by an amount greater than the average monthly percentage increase in
the Consumer Price Index for the most recently reported period.
A-1
Attachment 5
AB 930 (Keeley, 2002), Un-codified Intent Language:
SEC. 2. It is the intent of the Legislature to address the conversion of a mobilehome park to
resident ownership that is not a bona fide resident conversion, as described by the Court of
Appeal in El Dorado Palm Springs, Ltd. v. City of Palm Springs (2002) 96 Cal.App.4th 1153.
The court in this case concluded that the subdivision map approval process specified in Section
66427.5 of the Government Code may not provide local agencies with the authority to prevent
non-bona fide resident conversions. The court explained how a conversion of a mobilehome park
to resident ownership could occur without the support of the residents and result in economic
displacement. It is, therefore, the intent of the Legislature in enacting this act to ensure that
conversions pursuant to Section 66427.5 of the Government Code are bona fide resident
conversions.
B-1
Attachment 6
Exhibit A
To Resolution PC 08-12
SEE ATTACHMENT 2 OF CITY COUNCIL REPORT (PROPOSED
CONVERSION ORDINANCE)
Exhibit A
To Resolution PC 08-13
SEE ATTACHMENT 1 OF CITY COUNCIL REPORT (PROPOSED
SUBDIVISION ORDINANCE)
Attachment 7
MEMORANDUM
To:
Chairman Rock and Members of the Planning Commission
Subject:
Public Hearing to Consider Recommending to the City Council the
Adoption of an Ordinance to Regulate the Conversion of Mobile Home
Parks to Other Uses, and an Ordinance to Regulate the Subdivision of
Mobile Home Parks.
Date:
July 21, 2008
Recommendation: Staff recommends that the Planning Commission adopt Resolution
No. 08-12 and Resolution No. 08-13, recommending to the Cotati City Council an
Ordinance adding Chapter 17.46 and an Ordinance adding Chapter 17.79 to the City's
Municipal Code.
________________________________________________________________________
Background:
On November 8, 2006, the City Council adopted Ordinance No. 789, an urgency
ordinance, imposing a temporary moratorium on the conversion of mobile home parks to
other uses and the subdivision of mobile home parks. The City Council adopted
Ordinance No. 791 on December 13, 2006, extending Ordinance No. 789 for an
additional ten months and fifteen days. On October 24, 2007, the City Council adopted
Ordinance No. 810, extending Ordinance No. 789 for twelve months. The temporary
moratorium will expire on October 24, 2008.
The Council adopted the urgency ordinances to address an immediate threat to the public
health, safety and welfare of residents within the City of Cotati due to identified interests
in the conversion of existing mobile home parks in the City to other uses, including
closing or ceasing using the land for a mobile home park, or subdividing the parks to
another use or to resident ownership. The foreseeable consequence was the displacement
of residents within those parks and the loss of needed affordable housing within the City.
Currently, there are three mobile home parks in Cotati containing approximately 107
mobile home spaces. The parks provide a significant source of affordable housing for
Planning Commission Memorandum
Resolution Nos. 08-12 and 08-13
July 21, 2008
Cotati residents. The residents who live in these mobile home parks include individuals
who are older, disabled , and/or living on fixed incomes. Many of these individuals, as
well as many of the other households residing in these parks, may also be identified as
lower income households.
In most instances, the residents of mobile home parks own, or are in the process of
owning, the mobile homes in which they reside. They pay rent to the owner of the
mobile home park for the space on which their mobile home rests. The rents paid are
subject to City rent control protections making the rents affordable to the residents who
reside in these mobile home parks.
The City Council has been made aware that several mobile home park owners in Sonoma
County are exploring the conversion of mobile home parks to resident ownership and/or
other uses. Applications have been filed with the City of Santa Rosa and in the County of
Sonoma. Staff has been approached by a representative of a Cotati mobile home park to
discuss the park owner’s proposal for a resident-ownership subdivision.
Analysis:
A.
Conversion of Mobile Home Parks to Other Uses
Government Code Sections 65863.7 regulates the conversion of a mobile home park to
another use, the closure of a mobile home park, and the cessation of use of the land as a
mobile home park. Government Code 66427.4 regulates the conversion of mobile home
parks to another use under the Subdivision Map Act.
The conversion to another use, closure, or cessation of use of a mobile home park has
significant impacts on existing mobile home park residents because it means the
discontinuance of the mobile home park and the displacement of all existing mobile
home park residents. In Cotati and Sonoma County there is a shortage of available mobile
home park spaces where a mobile home park resident can move his/her mobile home.
Given the shortage of existing space in Cotati and Sonoma County, it is unlikely that
existing park residents will be able to find housing in another mobile home park. In the
absence of an available mobile home park space, the existing resident will have no choice
but to sell their mobile home and secure other housing. Yet there is a limited market for
the sale of mobile homes and residents who have limited incomes and financial resources
may not be able to afford alternative habitable housing.
Government Code Sections 65863.7 and 66427.4 provides for the adoption of local
regulations to evaluate the impact of conversion on the mobile home park residents and to
impose measures on park owners to mitigate this impact. Staff has developed regulations
which are applicable to mobile home park conversions falling within the scope of
Government Code Section 65863.7 and 66427.4.
H:\CCREPORTS\2008\20080827\MHP\PC Staff Report MHP Ordinance (Final).DOC
2
July 21, 2008
Regarding the conversion of mobile home parks to another use, closure, or cessation of
use of a mobile home park, staff has drafted an ordinance adding Chapter 17.46 to the
City's Land Use Code. This ordinance establishes regulations requiring that the
conversion of a mobile home park be preceded by adequate notice, the filing and
distribution of a conversion impact report on the effect of a conversion on mobile home
park residents, and the adoption of measures imposed on the applicant to mitigate the
adverse effects on mobile home park residents displaced by such conversion.
For the conversion of a mobile home park to another use under the Subdivision Map Act,
staff has drafted an ordinance adding Chapter 17.79 to the City's Land Use Code. As is
discussed in further detail later in this staff report, Chapter 17.79 addresses the two types
of conversions of mobile home park under the Subdivision Map Act: (1) a conversion to
another use, other than a mobile home park and (2) a conversion to a resident-owned
mobile home park. Because the conversion of a mobile home park to another use under
the Subdivision Map Act results in the displacement of mobile home park residents, the
regulations set forth in Chapter 17.46 relating to adequate notice, filing and distribution
of a conversion impact report, and measures imposed on the applicant to mitigate the
adverse effects, particularly Chapter 17.46.040-17.46.110 and 17.46.130-17.46.140, have
been incorporated by reference into Chapter 17.79.030.
In summary, the regulations set forth in the ordinances adding Chapter 17.46 and 17.79 to
the City's Land Use Code which govern the conversion of mobile home parks to another
use, closure, or cessation of use of a mobile home park will:
1. Provide early notification to mobile home park residents of the park owner’s
intent to change the use, close the park, or cease using the land as a mobile home
park.
2. Provide detailed analysis of the impacts on mobile home park residents through
the required conversion impact report.
3. Provide the first right of refusal to purchase the park by mobile home park
residents.
4. Require mobile home park owners to mitigate the adverse impacts of conversion
on existing residents, including providing relocation assistance to displaced
residents.
B.
Subdivision of Mobile Home Parks to Resident Ownership
Government Code Section 66427.5 regulates the conversion of mobile home parks to
resident ownership under the Subdivision Map Act. This process involves the
subdivision of the existing mobile home park spaces into separate lots which can be
purchased. It is similar in concept to the conversion of an apartment complex to a
condominium development. The owner of a mobile home can then purchase the lot on
which thee mobile home is situated, thereby affording the opportunity for ownership of
both the mobile home and the land underneath the mobile home.
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July 21, 2008
Government Code Section 66427.5 provides that each resident of an existing mobile
home park the option to either purchase the lot which is to be created by the conversion
or to continue residency as a tenant. In addition, Government Code Section 66427.5
requires the subdivider to file a report on the impact of conversion upon the existing
residents and to make a copy of the report available to existing mobile home park
residents. Section 66427.5 also requires the subdivider to conduct a survey of support
among the residents. To avoid economic displacement of nonpurchasing residents,
Section 66427.5 provides that nonpurchasing residents who are not lower income be able
to rent subdivided space and that the rent may increase from the preconversion rent to
market levels over a four-year period. To avoid economic displacement of
nonpurchasing residents who are lower income, Section 66427.5 provides that the
monthly rent, including any applicable fees or charges for use of preconversion rent, may
increase from the preconversion rent by an amount equal to the average monthly increase
in rent in the four years immediately preceding the conversion, with no rent being
increased to an amount greater than the average monthly percentage increase in the
Consumer Price Index for the most recent reported period. Thus resulting in the end of
rent control.
The ordinance prepared by staff adding Chapter 17.79 to the City's Land Use Code
incorporates the requirements of Section 66427.5. Section 17.79.060 establishes
guidelines for the survey of resident support. Section 17.79.070 provides procedures for
notifying current and prospective mobile home park residents of the park owner's
intention to convert the park to resident ownership. Section 17.79.080 provides that all
applications for a tentative map or parcel map complete a conversion impact report and
specifies the information which must be covered in the report. Section 17.79.090
establishes procedures for existing mobile home owners to either purchase the subdivided
land or to be able to continue rent the lot, subject to applicable rent increases. Finally,
Section 17.79.100 provides for a compliance hearing.
The objective of Government Code Section 66427.5 and Chapter 17.79 is to avoid the
economic displacement of nonpurchasing tenants. However, the reality may be much
different because the land upon which the mobile home park rests is worth millions of
dollars which may make it financially infeasible for most existing park residents to
purchase lots in the subdivision. Although these residents have the legal right to remain
in the converted park as tenants, they may not be able to do so because they will no
longer be protected by rent control. Once subdivided, park owners will be able to set
rents at market rates. Although the market rate rents must be phased in, the market rate
rents may still exceed the rate which the residents may be able to afford. Consequently, it
seems likely that a significant number of existing mobile home park residents will be
displaced as a result of the conversion of mobile home parks to resident ownership.
Imposing Criteria for Approval of a Conversion to Resident Ownership
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July 21, 2008
In an effort to provide the greatest protections to existing mobile home park residents and
to prevent economic displacement, some cities have adopted ordinances which require
the following:
1. The survey of resident support has been conducted in accordance with
Government Code Section 664275,
2. A tenant impact report has been completed,
3. The conversion to resident ownership is consistent with the general plan and local
code,
4. The conversion is a bona-fide resident conversion,
5. there are no conditions existing in the mobile home park that are detrimental to
public health or safety, and
6. Submittal of additional documentation such as an engineering report indicating the
useful life of the common facilities and a Title 25 report.
Whether the inclusion of these findings in the ordinance actually results in heightened
protections for existing mobile home park residents is debatable. Locally, the County of
Sonoma and the City of Santa Rosa, have included provisions in their ordinances
requiring the city to make findings similar to those identified above. The failure of the
city to be able to make such findings can serve as a basis for the city not to approve a
tentative map or parcel map application.
The ordinance prepared by staff, adding Chapter 17.79, does not include any provision
requiring the City to make the findings discussed above. Attachment #7 to this staff
report, provides some sample language which could be added requiring the city to make
findings prior to approval. The County of Sonoma and the City of Santa Rosa have been
challenged in civil court because plaintiffs have alleged that the city was not authorized
under Government Code Section 66427.5 to require such findings be made as a condition
of approval. In light of the civil actions against the County of Sonoma and City of Santa
Rosa's ordinance, staff is recommending that the City adopt this ordinance without the
language and add as the issue is resolved.
The Mobile Home Park Subdivision Ordinance, for subdivisions other than for resident
ownership, will:
1. Provide early notification to mobile home park residents of the park owner’s
intent to change the use, close the park, or cease using the land as a mobile home
park.
2. Provide detailed analysis of the impacts on mobile home park residents through
the required conversion impact report.
3. Provide the first right of refusal to purchase the park by mobile home park
residents.
4. Require mobile home park owners to mitigate the adverse impacts of conversion
on existing residents, including providing relocation assistance to displaced
residents.
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July 21, 2008
The subdivision ordinance, for mobile home park subdivisions to resident ownership,
will:
1. Provide procedures to avoid economic displacement of nonpurchasing tenants.
2. Provide for a survey of resident support.
3. Provide an opportunity for those mobile home park residents who do not wish to
purchase the subdivided parcel to continue to rent the site and to provide for
phased in market rate rent.
4. Require the completion of a report on the impact of conversion.
5. Allow application of Cotati’s Inclusionary Housing Ordinance, as long as the
subdivision is found to not be exempt from the Map Act.
CEQA Compliance: Both ordinances are categorically exempt from environmental
review pursuant to CEQA Guidelines Section 15061(b)(3) based upon the determination
that there is nothing in this ordinance or its implementation that could foreseeably have
any significant effect of the environment in that the adoption of these ordinances will not
result in any physical change to the environment.
Conclusion: Cotati's mobile home parks provide substantial affordable housing to Cotati
and the County as a whole. Without these ordinances the only affordable housing the
City will be able to rely on, when mobile home park rent control is curtailed, will be the
20% inclusionary housing requirements which are triggered by an application to
subdivide. Far greater than 20% of the housing within the mobile home parks can be
classified as affordable housing.
Together, these ordinances will allow review and mitigation of overall impacts, including
the loss of affordable housing to the community. The goal of these ordinances is to
provide a clear process for the City to analyze and mitigate the impacts of changing uses
or subdividing within existing mobile home parks.
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
PC Resolution No. 08-12 Conversion to Other Uses (includes Draft Conversion Ordinance)
PC Resolution No. 08-13 Subdivision of Mobile Home Parks (includes Draft Subdivision Ordinance)
Government Code 66427.4
Government Code 66427.5
AB 930 – Un-codified Intent Language
City of Santa Rosa Resolution No. 26829
Sample Language Regarding Criteria for Approval
ABC News Assignment 7 Article about Sonoma, CA
6
CITY OF COTATI
MINUTES for the Regular Meeting of the Planning Commission
DATE OF MEETING: July 21, 2008
TIME OF MEETING:
7:00 p.m.
PLACE OF MEETING: Cotati City Hall, City Council Chambers
201 West Sierra Avenue, Cotati, CA 94931
I.
CALL TO ORDER
Chair Rock called the meeting to order at 7:00 p.m.
II.
ROLL CALL
Commissioners Present: Hardy, Kurvers, Pagnusat, Rock, and Coleman-Senghor
Commissioners Absent: None
Staff Present:
Kavanaugh-Lynch, Lustig, Harris, Pajon
City Attorney Pianca
III.
APPROVAL OF MINUTES
A.
For the Regular Meeting on May 5, 2008
Commissioner Hardy had a correction to the minutes on page 5, 8th paragraph, strike the word
applicant.
.
It was moved by Commissioner Pagnusat to approve the minutes of May 5, 2008, with the above
noted correction. Seconded by Commissioner Hardy.
Yes:
IV.
5
Noes:
0
Abstain:
0
Absent:
0
CHANGES TO THE AGENDA
Acting Planning Manager Kavanaugh-Lynch continued Item C, Request for Variance and
Design Review approval for a ten foot high fence to be installed along the rear property
boundary of Lots 4-7 of the Altman Acre Subdivision until September 2, 2008, Planning
Commission Meeting.
V.
There were no oral or written communications.
The PUBLIC HEARING was opened for comment at 7:05 p.m.
The PUBLIC HEARING was closed without comment.
Planning Commission Minutes
July 21, 2008
VI.
MATTERS AT HAND
A.
Public Hearing to Consider Recommending to the City Council the Adoption of
an Ordinance to Regulate the Conversion of Mobile Home Parks to Other Uses,
and an Ordinance to Regulate the Subdivision of Mobile Home Parks.
Assistant to the City Manager Lustig presented the staff report for Item A. The two Mobile Home
Ordinances were presented to the Planning Commission. Each ordinance was described in detail
including the history behind each ordinance. A moratorium had previously been adopted by the City
Council which highlighted their concern over this issue. Other cities have adopted ordinances similar
to this because of these important concerns. Assistant to the City Manager Lustig pointed out that the
Attachment 7 language was not included in the subdivision ordinance due to pending litigation in other
jurisdictions. She stated that without these ordinances the mobile home park residents were at risk and
valuable affordable housing could be lost. Staff is recommending the Approval of Resolutions PC 0812 and PC 08-13. She also recommended that one line be changed in section 17.46.110D.
Commissioner Coleman-Senghor said that he has concerns with the ordinances and would like to know
exactly what would not be protected. He described in more detail his concerns with not keeping the
language in the ordinance and asked what the timing of current litigation might be.
City Attorney Pianca responded to Commissioner Coleman-Senghor regarding the litigation on this
item and said that it is currently in appeal and it is unknown when that appeal will be resolved.
Commissioner Coleman-Senghor said that he is trying to understand the dangers to the City in respect
to litigation, which would allow this language in when other cities are already involved with it. He
asked about the timeline and when it would need to go before Council.
Assistant to the City Manager Lustig said that it was unlikely to be resolved through the courts before
winter.
Commissioner Coleman-Senghor stated that this would mean that Cotati wouldn't have to face this
issue until after winter and that the issue should be able to be resolved without going to litigation.
Commissioner Pagnusat asked for clarification on the changes with the ordinances that are being
introduced.
Assistant to the City Manager Lustig provided a brief summary of the two ordinances.
Commissioner Pagnusat asked if the Community Impact Report (CIR) was like an Environmental
Impact Report (EIR).
Assistant to the City Manager Lustig said that there were similarities, but the Community Impact
Report (CIR) was more about financial impacts which are not considered with an EIR. These impacts
can be mitigated so that residents can have the resources to move to another home.
Commissioner Pagnusat asked who would make that decision.
Assistant to the City Manager Lustig stated that the mobile home park owners would have to hire a
specialist to do a housing evaluation and the City determines if that analysis was adequate.
Commissioner Pagnusat confirmed that what was being done tonight was either accepting or not
accepting the two ordinances.
Y:\PLANNING\PLANCOMM\PCMIN\2008\07-21-08.doc
2
July 21, 2008
Commissioner Hardy asked Assistant to the City Manager Lustig that if the additional language
(Attachment 7) was added by the Planning Commission, could the City Council elect to approve it
without the language.
Assistant to the City Manager Lustig responded that the Council could accept it or they could take it
out.
Commissioner Hardy asked if the ordinance went through with Attachment 7 and City Council passes
it and it is challenged, she asked if the rest of the protections would hold up once the moratorium is up.
Assistant to the City Manager Lustig replied that the rest of the ordinance could be enforced even if the
language is challenged.
Commissioner Coleman-Senghor said that he has concerns about the language in the ordinance and
asked what guidelines would be used to describe displacement.
Assistant to the City Manager Lustig said that it would all be considered in the conversion impact
report and it would be analyzed by a housing specialist based on what is in our ordinance.
Commissioner Coleman-Senghor said that he has looked at other cities and the various examples and
that "displacement" varies between cities. He said that mileage should be included.
Assistant City Manger Lustig stated that mileage was included in the ordinance and was determined to
be 50 miles.
Commissioner Coleman-Senghor asked if staff had reviewed the cost if they were to go south.
Assistant to the City Manager Lustig said that there were many factors that were considered when
coming up with this criteria.
Commission Coleman-Senghor asked if mileage was calculated from the radius or the gross
determining factor. He also inquired about who would determine if the affected person was asking too
much.
Assistant to the City Manager Lustig stated that the City Council has the final determination.
Commissioner Coleman-Senghor asked why the language on page 5 was there, how was it going to be
used, and what counts as a bona-fide conversion.
Assistant to the City Manager Lustig responded to Commissioner Coleman-Senghor with clarification
of the language that was defined as bona-fide.
OPEN PUBLIC HEARING opened at 7:40 p.m.
Chris Cone a resident and also the President of the Sierra Mobile Home Park Association spoke about
the history of the park and that the reason for the park was to allow affordable housing. She discussed
the two types of resident owned parks and that it was low to moderate income people that reside at
these parks. She stated that the residents feel that the ordinances as written do not adequately protect
their interest. She explained that the Attachment 7 criteria for what constitutes a bona-fide resident
survey is in accordance with AB930 and that this language is very important to them. She explained
that without Attachment 7, mobile home owners would have no say in a decision that would directly
affect them and there would be no clear means to interpret or ensure bona-fide survey results per
AB930. This is a decision that directly affects their financial future. She expressed understanding to
the City's financial budget challenges and the risk of a lawsuit, but respectfully request the language
3
July 21, 2008
which is presented in Attachment 7 be added. She said that although the language is in appeal right
now, if it were to be adopted and the appeal prevail, Cotati would still have the option to remove the
language to lower the risk of a lawsuit. She strongly urges the Planning Commission to include the
Attachment 7 language on bona-fide resident criteria because it is the only way to have a legitimate
voice in any park conversion. She also discussed Section 17.46.160, Occupancy of Park Below
Twenty Percent or Other Evidence of Park Closure. She requested this section be removed from the
ordinance because it is unclear if this section provides another means for park closures. She would like
to replace it with the section that the Sonoma County Ordinance has. She said that it has been on the
books for 15 years and has provided adequate protection for the mobile home parks. She expressed a
desire to have more time to study the current section 17.46.160 before deciding if they could support it.
She strongly urged the Planning Commission to add the section with the Sonoma County text from
26.92.090. If the Planning Commission deemed that they need more time to review the ordinance they
would support the idea.
Dee Egbert of Sierra Creek Mobile Home Park expressed his concerns about the possibility of having
to move his mobile home and he would like to understand this issue and find out how much danger he
is in.
Robert Fleak, a representative of Golden State Manufactured-Home Owner League, which represents
500 parks in California, said that these conversions amount to economical eviction. He said that there
are no available places to move their homes and they will end up on the street. He recommended
looking at Rohnert Park or Sonoma's ordinance, which have already been tested in court.
Len Carlson, resident of Rancho Grande in Rohnert Park, also President of Sonoma County Mobile
Home Association said that he agrees with Robert and his comments. He said that the intent of the law
at the time it was written was 51% of the residents could approve any type of conversion or
condoization and that language was taken out. He is concerned about the changes of any ordinance.
He stated that to move a mobile home was not possible and there were no places to move. He stated
that the residents that live there must be protected.
Marion Koglin of Sierra Mobile Home Park said that she agrees with Chris Cone's comments. She
said that if the park is converted into condos she will not be able to stay and will become a displaced
resident.
Brenda Woods of Countryside Mobile Home Park spoke about the money she scraped together 6 years
ago to buy a mobile home realizing that when she soon retired it would be the only thing she could
afford. She said that she will have to report to her neighbors tonight and would like to understand the
details of what these ordinances are about. She understands that the moratorium is due to expire in
October and it appears that the ordinances will now allow the conversion but with protections for the
residents, possibly allowing them an opportunity to vote with a certain percentages for approval. She
explained that her park was just sold a couple days ago, and the person who purchased it owned at
least two of the homes in the park. She has heard that the owners intend to buy the mobile homes up.
She feels that it won't take too long to have their percentage. She is very concerned and feels that
maybe she should sell her mobile home.
Wayne Randall of Countryside Mobile Home Park request that the Planning Commission implement
the strongest language possible into the ordinances. He said that the residents need to be protected.
4
July 21, 2008
Joshua Gross, a mobile home park resident spoke about his history in the community and recommends
that the strongest language possible be put in the ordinances to help this group.
Joanne Rostco of Sierra Mobile Home Park spoke about her experience with the Neptune Society as a
funeral counselor and being involved with all of the surrounding mobile home parks. She chose
mobile home park living for the sense of community and heart. She said that mobile home living is not
just about affordable housing.
Karen Sharp, the daughter of a homeowner from Sierra Mobile Home Park has concerns about the
residents of these parks and where they would go. She said that the owners of the park are still making
a profit and she wonders what these residents are going to do if they have no place to live.
Craig Lindstrum, a mobile home park resident explained his personal situation and how he ended up
purchasing a mobile home. He explained that this opportunity had allowed him to provide for his
family. He asked for the protection needed to allow the residents to keep their homes.
Mary Maher said that she does not live in a mobile home but is a citizen of Cotati and is concerned
about what is happening. She would like to appeal to the Planning Commission's humanity. She
would like them to remember that the lives of these people are deeply involved.
Concetta DeLuca has been a resident of Sierra Mobile Home Park for 24 years and agrees with
everything that Chris Cone has said and asks for the protection that is needed.
Peggy Finley is a resident of Sierra Mobile Home Park and agrees with Chris Cone and said that she is
speaking for the residents of the park. Peggy described her personal situation including security and
finances. She request protection so that they do not have to move.
Pamela Born who lives at Sierra Mobile Home Park said that she also agrees with Chris Cone and
everyone else that has spoken. She said that she feels that they are being harassed and they are always
in fear of what is going to happen next. She is for non-profit resident owned parks. She understands
that if the park is converted to condos that she will have to pay $100,000 for the air, not even the
property.
Alfred Burges who lives in Sierra Mobile Home Park said that he moved there 16 years ago and retired
10 years ago. He can't afford to live anywhere else. He said that he agrees with Chris Cone and he
doesn't want to move out of Cotati.
Ida Luke, a resident of Ramble Creek Mobile Home Park and also a business owner in Cotati is
concerned about the improvements that aren’t done to the parks. She asked if there were any provision
in the ordinance that would make them complete the improvements. She is concerned about the
repercussions that might happen to her for speaking out on this issue.
Ingal Kaval, aka Brick Kaval agrees with Chris Cone and thanked her for her comments. She
expressed the importance of community that these parks provide.
Frances Cook of Sierra Mobile Home Park agrees with Chris Cone's comments and has concerns about
not having a place to live and not being able to afford a new place.
Teresa Mendoza of Sierra Mobile Home Park agrees with Chris Cone and asks the Planning
Commission for their help.
Doreen Strand agrees with Chris Cone and everything she had to say. She explained that she is
partially disabled and has two children. She is scared to death that she will not have a place to live.
5
July 21, 2008
She put everything she had into the mobile home she is in and can't afford to move or afford the cost if
the conversion were to happen.
Lillian Pane-Vaughn of Countryside Mobile Home Park would like the Planning Commission to keep
in mind the improvements that she has made on her property, including 5 trees, while the owners
haven’t kept up with the park. She explained that the people from Countryside Mobile Home Park are
not attending this meeting because they are afraid of the owners and they have been treated horribly by
them. She asked the Planning Commission what they would do with these people if they convert the
land because they will all be homeless. There aren’t enough shelters for all of the people that would
lose their homes. She would like the Planning Commission to take this under consideration.
Darby Gross who lives with his father in the mobile home park expressed his concern over this issue
and the chance that they might not have a place to live.
Ron.....(name not audible) wanted to remind the Planning Commission that these residents come from
divorce, financial disaster and many are elderly. He explained the extensive cost for the state to house
elderly if that were to happen. The lives of these people are in the Planning Commission's hands and
this should be considered. He stated that there are some really good people and their homes shouldn't
be taken away from them.
Bruce Randall explained his personal situation and the purchase of a mobile home just last month. He
is currently retired and had to walk away from his home. He was able to purchase the mobile home
and is concerned that if the residents cannot afford the conversion they will be on the street.
PUBLIC COMMENT closed at 8:32 p.m.
RECESS
RECONVENED AT 8:45 p.m.
Chair Rock asked Assistant to the City Manager Lustig to respond to the questions that have been
brought up by the public regarding these ordinances.
Assistant to the City Manager Lustig summarized the ordinances and stated that these ordinances can
help but state law will not prevent the sale of these properties.
Chair Rock agreed with Assistant to the City Manager Lustig's comments and said that they cannot
pass an ordinance that says they cannot convert. They can pass an ordinance that can provide
protection if and when a conversion happens.
Commissioner Coleman-Senghor said that he understands that they cannot prevent the sale of private
property.
Assistant to the City Manager Lustig stated that the ordinance allows for the mitigation of the impacts
of the conversion.
Commission Coleman-Senghor stated that the question of land use was raised and that the City, as he
understands it, made a determination of the land use and that the City approved that use of land.
Assistant to the City Manager Lustig stated that a request would have to be made for a change of the
land use.
Commissioner Coleman-Senghor said that it would be in fact a very interesting and technical way of
providing additional protection from what is in fact a belief by the park owner that they can do
6
July 21, 2008
anything with that property, he then asked if we could place additional language in our ordinance or at
least highlight it in the conversion.
Assistant to the City Manager Lustig responded to Commissioner Coleman-Senghor that because it
says in the ordinance that they must comply with all regulations including the Land Use Ordinance and
the General Plan it is already mentioned.
Commissioner Coleman-Senghor thanked Assistant to the City Manager Lustig.
Assistant to the City Manager Lustig said that she wanted to clear up some possible confusion
regarding section 17.46.160 in Ordinance 08-12, which is the Occupancy of Park Below 20% or Other
Evidence of Park Closure. She explained how that section was intended and why there is some
confusion. The section that Chris gave to the Planning Commission is related to mobile home park
conversion, but it is related to the county findings for a change of use and is in the report already.
Assistant to the City Manager Lustig advised that staff would be available to spend more time
explaining how this section works and why it is a benefit to the residents between the Planning
Commission and the time it will be taken to Council. She explained that the purpose was to ensure
that if there was a closure happening one unit at a time that residents were protected.
Commissioner Coleman-Senghor asked if this is in response to the question about an owner buying up
one unit at a time and asked if it occurred with the vacancy of the units or with the number of the
people living in the park.
In response to Commissioner Coleman-Senghor, Assistant to the City Manager Lustig said that there is
only one vote per unit.
Commissioner Coleman-Senghor asked if that was how our ordinance reads because he didn't read it
that way and stated that the owner could come in and buy the mobile homes and claim a stock share in
it.
Assistant to the City Manager Lustig explained that before it got to the 20% of ownership by the park
owner it would be deemed a conversion and that is when the protections would kick in.
Commissioner Coleman-Senghor inquired about having stronger language in the ordinance.
City Attorney Pianca clarified that portion of the ordinance that addressed occupancy for the park
below 20%. She also confirmed that it is one vote per mobile home site.
Commissioner Coleman-Senghor asked if that is how the state interprets it.
City Attorney Pianca responded that the language of the state says, each occupied mobile home space
has one vote.
Commissioner Coleman-Senghor said that this was how he read it, that there has to be a body there.
He stated that he wanted to make sure that it was clear that they are looking at occupancy and not just
a mobile home.
Chair Rock asked City Attorney Pianca where in the ordinance it says this.
City Attorney Pianca responded to Chair Rock with section 17.79.060, page 13 thru page 14.
Assistant to the City Manager Lustig stated that a conversion impact report would have to disclose
what offers have been made to residents.
7
July 21, 2008
Commissioner Hardy said that it says each occupied mobile home space. He asked if a trailer is there
would that be considered occupied or does someone have to be living in it.
City Attorney Pianca said that it is her understanding that occupied is defined as someone living in that
space.
Commissioner Coleman-Senghor asked about changing the language so that it says "each resident."
City Attorney Pianca said that the language in Subsection C 060 reflects and parallels that of state law,
which provides that there shall be one vote for each occupied mobile home space.
Assistant to the City Manager Lustig responded to an earlier question from a park resident that asked
about improvements that were done by the tenants.
Commissioner Hardy asked if the cost of the upgrade would be carried by the person who is doing the
subdividing.
Assistant to the City Manager Lustig responded that it could be passed through.
Commissioner Coleman-Senghor stated that would mean the residents would have to live in
substandard conditions.
Assistant to the City Manager Lustig said that it is consistent with any subdivision process, until it is a
health and safety issue.
Assistant to the City Manager Lustig explained to the Planning Commission that these ordinances can
protect affordable housing and compensate displaced residents but they will not prevent a sale.
Chair Rock asked about the modular home vs. a mobile home and if there something that states that a
modular home will be compensated.
City Attorney Pianca responded to Chair Rock that a modular home is defined as a mobile home.
Commissioner Kurvers stated that the park owners were in attendance and chose not to speak.
Commissioner Coleman-Senghor inquired about the deadline and said that he would like to explore the
possibility of continuing this item for more research.
Assistant to the City Manager Lustig said that they would like to adopt these ordinances because of the
critical timeline and they would be glad to hold a workshop after adoption to readdress these issues if
that is requested.
Commissioner Coleman-Senghor discussed the timeline and would like more time to look at these
issues, he wants the strongest document and doesn’t want the City exposed.
Assistant to the City Manager Lustig stated that after listening to the comments from park residents she
feels that they are in support of the ordinances, but would like to have Attachment 7 added.
Commissioner Kurvers said that he feels that the timeline is too tight to wait.
Chair Rock asked what would happen if they missed the timeline.
City Attorney Pianca said that the moratorium will expire and there would be no provisions in the
Land Use Code to afford those protections.
Assistant to the City Manager Lustig said that the City Council enacted the moratorium because of the
threat of conversion and the need for protection for the residents.
8
July 21, 2008
Commissioner Coleman-Senghor stated that if we are being cautious because of the litigation he feels
there are protections from state law.
City Attorney Pianca stated that state law only provides the bones and the local ordinances fill that in.
The state law is a minimum and the local law adds to that.
Chair Rock said that the ordinances that we have in front of us add more protections.
City Attorney Pianca agreed with Chair Rock and stated that setting forth the standards of state law
requirements and then adjusting them to reflect what the local needs and desires are.
Commissioner Pagnusat asked Commissioner Coleman-Senghor why he thinks that he needs more
time to address this issue.
Commissioner Coleman-Senghor responded that this was a complex issue and feels that they should
have the most protective and strongest ordinances for the citizens as well as the City.
Commissioner Pagnusat said that we should remember that the job of the Planning Commission is to
oversee this and not to write it.
Commissioner Coleman-Senghor stated that they should have clarity in the language and he doesn't
feel that they are there yet.
Commissioner Pagnusat stated that he felt differently.
Commissioner Hardy said that she agrees with Commission Coleman-Senghor and there was a lot of
language reviewed and the strongest language is necessary. If we were to pass it tonight she would
want to pass it with Attachment 7. Commissioner Hardy asked if we could do an amendment after it is
in place.
Assistant to the City Manager Lustig stated that this ordinance was designed in concert with the
County of Sonoma , the City of Santa Rosa and all of our attorneys. Normally we would not deter from
allowing more time but we do not want to allow the moratorium to lapse without ordinances in place.
Commissioner Coleman-Senghor asked Chair Rock if he could ask Chris Cone about her feelings on
these ordinances, Chair Rock agreed.
PUBLIC HEARING re-opened up at 9:28 p.m.
Chris Cone responded to the Planning Commission that she would like Attachment 7 included and
that it is very important to have both ordinances in place before the moratorium expires.
PUBLIC HEARING closed at 9:29 p.m.
Chair Rock felt the ordinances are well written and that staff did a good job. He suggesting voting on
the ordinances and requested that Attachment 7 be added. If there are additional issues that need to be
addressed they can be addressed at a later time.
Commissioner Hardy agreed that Attachment 7 needs to be included.
Commissioner Pagnusat asked why it has to be listed as an attachment and why it couldn't be apart of
the body of the ordinance.
Assistant to the City Manager Lustig said that Attachment 7 will now become part of the ordinance.
9
July 21, 2008
Motion:
Yes:
It was moved by Commissioner Kurvers and Seconded by Chair Rock to Approve
Resolution No. PC 08-12, to Regulate the Conversion of Mobile Home Parks to
Other Uses.
5
Motion:
Yes:
Noes:
0
Absent:
0
Abstain:
0
It was moved by Commissioner Kurvers and Seconded by Commissioner Hardy to
Approve Resolution PC No. 08-13 with Attachment 7 inserted in the body, to
Regulate the Subdivision of Mobile Home Parks.
5
Noes:
0
Absent:
0
Abstain:
0
10
Item No. 7
Joint Meeting of City Council and
Redevelopment Agency Board of Directors Agenda
Consent Calendar
Subject:
Receive and File Warrants and Audited Claims for July 24th, 2008 – August 13th,
2008
Date:
August 27, 2008
Written by: Jone Hayes, Director of Administrative Services
Recommendation
It is recommended that the City Council receive and file the warrants and audited claims (the A/P
Check Registers) as submitted.
Background
Warrants (checks) are created by City Staff in compliance with the following Municipal Code
Sections:
2.12.160 Expenditure control--Purchasing.
It shall be the duty of the City Manager to see that no expenditures shall be submitted or
recommended to the City Council except on approval of the City Manager or his
authorized representative. The City Manager, or his authorized representative, shall be
responsible for the purchase of all supplies for all the departments or divisions of the
City. (Ord. 97 §7.9, 1968).
3.36.010 Expenditures--Compliance required.
All expenditures of City funds in connection with purchases must be made strictly in
accordance with the duly adopted budget, and in order that budgetary control may be
effectively exercised, the procedures in this chapter shall be followed. (Ord. 575 §1(part),
1992).
Analysis/Discussion
Warrants and Audited Claims listings (now identified as the A/P Check Registers) list all
warrants issued for the period indicated. Per Council action on July 11, 2007 all warrants are
released as they are created.
All expenditures of City funds in connection with wages and benefits and purchases of services
or materials are strictly in accordance with the duly adopted budget and / or Council actions
H:\CCREPORTS\2008\20080827\Warrants.sr.doc
Warrants and Audited Claims
August 27, 2008
amending the adopted budget. Expenditures have been approved for payment by either the City
Manager or by Department Heads.
The following are the totals for the Warrants and Audited Claims (the A/P Check Registers)
issued for the period of July 24th 2008 – August 13th, 2008:
Aug 13, 2008
Aug 13, 2008
Aug 13, 2008
$
129.02
173.48
193,706.21
$ 194,008.71
None.
Attachments:
1. Check Registers (3) dated 8/13/08
Page 2 of 2

AGENDA REGULAR CITY COUNCIL MEETING AND JOINT

Transcription

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