5 9.82.035(C). Relocation impact report does not include the impact required by Government Code Section 66427.5(b) for conversion to resident ownership. “Resident” meansincludes a homeowner or tenant.
“Tenant” means a personand all persons who occupieslawfully occupy a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement and who, during his or her tenancy, is not the owner or member of the immediate household of the owner of the mobilehome. .
9.82.020 Applicability.
A. For applications involving the redevelopment, closure, or conversion, or cessation of use of a mobilehome park that include a subdivision map, the provisions of Chapter 9.849.84 SMC shall apply. The provisions of this chapter shall not apply to such applications, except as specifically referenced in Chapter 9.84 SMC.
9.82.025 Disclosure of notification requirements.
B. When anAn application has been made to the city for the redevelopment, closure or, conversion, or cessation of use of a mobilehome park, the city shall be considered concurrently with, and as a necessary prerequisite to, any required planning permit(s) or approval(s) for the new intended use, if any, of the mobilehome park, with review being the responsibility of the higher decision-making body.
9.82.025 Application for conversion permit.
No conversion of a mobilehome park is allowed except upon issuance and in compliance with a conversion permit issued by the city council under this chapter. An applicant desiring to close, convert, or cease the use of a mobilehome park or a portion thereof shall apply for a conversion permit, in addition to any necessary discretionary land use permit and development applications, as follows:
A. The applicant shall submit an initial application that includes, at a minimum, the following:
1. A detailed narrative description of the proposed use to which the mobilehome park or a portion thereof is to be converted or the reason for the closure or cessation of use of the mobilehome park or a portion thereof.
2. The proposed timeline for closure, conversion, or cessation of use.
3. Evidence of compliance with the notice requirements of SMC 9.82.030 regarding notification of homeowners and residents of the applicant’s intent to apply for closure.
Agenda Item #9.1:
6 When an initial application for a conversion permit has been submitted, the director shall inform the applicant, in writing, of local regulations regarding notifications to residents and mobilehome owners within the affected park, as well as the notification requirements set forth in Section 798.56798.56 of the Civil Code. This disclosure shall be made at least 30 days prior to any hearing on the application or the relocation impact report. No hearing on the application shall be held or any other action on the application taken until the applicant has satisfactorily verified that required notices have been provided to residents.
B. A final application shall include, at a minimum, the following:
1. The relocation impact report required under SMC 9.82.035 and Government Code Section 65863.7, as amended from time to time.
2. The resident questionnaires required under SMC 9.82.040.
Within 30 days after an applicant submits their final application to the department, the director shall review the initial and final applications for completeness and shall notify the applicant in writing that their application is complete or incomplete. After the applicant submits a complete application to the department, the director shall forward the application to the city council for final action. No conversion permit application shall be deemed complete, and processing for consideration will not commence, until the initial application and final application have been reviewed and approved as to their completeness by the director and all applicable application fees have been paid.
9.82.030 Notice of intent to residents.
At least 30 days prior to filing the conversion permit initial application with the department, the applicant shall give written notice to residents in the affected mobilehome park, in the manner prescribed by Section 1162 of the Code of Civil Procedure, of the applicant’s intent to convert the mobilehome park. Such notice shall be provided in both English and Spanish.
9.82.035 Relocation impact report required.
A. A. Any person who files an final application with the city for a general plan amendment or for a rezoning of land use type or density, or for approval of a conditional useconversion permit or any other application for the purpose of converting a mobilehome park to another use, close a mobilehome park or cease to use land as a mobilehome park, shall concurrently file with the city a mobilehomeinclude a relocation impact report that complies with this section. No such applications shall be considered or deemed complete or processed for consideration or approved unless and until such relocation impact report is filed and approved in accordance with this chapter.Government Code Section 65863.7, as amended from time to time.
B. B. At any time at which the occupancy of a mobilehome park is such that it meets the definition of “closure” as set forth in this chapter, the owner shall immediately provide written notification to the city of the event and shall either file a request for the Agenda Item #9.1:
7 preparation of a relocation impact report or shall petition the city council to make a finding that a closure is not occurring as set forth in SMC 9.82.015(A).9.82.015(A).
C. C. The Within 90 days of an applicant’s filing of an initial application, the city shall select one or more consultants, each of whom may retain subconsultants as necessary, including a consultantstate-certified appraiser with experience establishing the value of mobilehomes, and a housing relocation specialist with expertise in the fields of housing and relocation of persons displaced from housing to performprepare the relocation impact report within 90 days of a written request from the applicant.. The applicant shall be noticednotified in writing of the estimated cost of the relocation impact report and shall deposit that sum with the city prior to commencement of any work on the relocation impact report. The city will then contract with athe consultant(s) for the preparation of the relocation impact report. Once an application is filed, the residents of the mobilehome park shall be notified by the city that an application has been filed and that the preparation of a relocation impact report will be required. The relocation impact report shall contain, but need not be limited toat a minimum, the following information:
1. 1. A legal description of the property.
2. 2. A map and a detailed description of the condition of the mobilehome park, including the nature and location of structures, landscaping, easements, utilities and other on-site features and amenities.
3. 3. The names and addresses of all mobilehome owners within the parkresidents (including absentee mobilehome owners), as shown on the rental agreement for the mobilehome park spaces, homeowners owners and the names and addresses of allpersons who physically occupy a mobilehome tenants within the park) as of the date of the application.
4. 4. The characteristics of each mobilehome within the park, listed by space number and address, including the date of manufacture, type, width, living area, and number of bedrooms.
5. 5. The number of spaces within the park, length of occupancy by the current occupantresidents of each space and the current lease rate for each space.
6. 6. The total number of mobilehome residents, listed by space identifying owner or renter occupancy, principal or second home occupancy, and the number of residents who are physically disabled, including the chronically illwith disabilities.
7. 7. A description of the proposed new use and all discretionary approvals necessary therefor, if any.
8. 8. The proposed timetable for conversion, closure, or cessation of use of the land as a mobilehome park and for obtaining other discretionary approvals for the proposed use, if any.
Agenda Item #9.1:
8 9. 9. The location of all comparable mobilehome parks within Sonoma County, including the park name, number of mobilehome lots, number of vacancies, lease rates and terms, policies and restrictions on the type of mobilehomes and residents accepted, amenities offered and proximity to services (bus stops, grocery stores, hospitals, etc.).
10.10. A determination based on the information provided in subsections (C)(4), (5)(C)(4), (5) and (9)(9) of this section of the total number of mobilehome units that are eligible to be relocated to a comparable mobilehome park.
11.11. The estimated cost of relocating the mobilehomes identified in subsection (C)(10)(C)(10) of this section to available mobilehome lots in mobilehome parks within the study area. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding and unpacking, as necessary, the mobilehome, all personal property, skirting, tie-downs and all other associated structures and property.
12.12. An estimate of the fair market value of each mobilehome and all associated fixed property that cannot be relocated to a comparable mobilehome park. In determining fair market value, the consultantappraisal shall considerbe based upon the mobilehomes in their current locations assumingin-place location of the mobile home and shall assume the continuation of the mobilehome park in a safe, sanitary and well maintained condition with competitive lease rates. The consultant shall specify the basis for a conclusion that any mobilehome cannot be relocated to a mobilehome park and the basis for determining the value of the mobilehome. The estimated fair market value shall be completed by a state-certified appraiser with experience establishing the value of mobilehomes. This subsection 12 shall not apply if the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as defined in Civil Code Section 798.64, as amended from time to time.
13.13. The availability and cost of rental housing of comparable size and qualityhousing in the city of Sonoma for each resident living in a mobilehome in the mobilehome park tenant..
14.14. A replacement and relocation plan, prepared with the assistance of a relocation housing specialist, to assist the residents in finding and moving to relocation mobilehome lots and comparable housing. The plans shall propose measures to mitigate the adverse impacts of the conversion on the residents in the park that will include a timetable for physically relocating the mobilehomes, or payment of relocation assistance, and additional options for assistance available to residents deemed necessary to mitigate impacts.
15.15. Proposed measures to mitigate the adverse impacts of the conversion upon each park resident based on SMC 9.82.055.9.82.065.
Agenda Item #9.1:
9 16. A list of persons, firms and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. This list shall include the names, addresses, telephone numbers, and fee schedules of persons who are qualified as mobilehome movers and appraisers of mobilehomes. The information shall include an explanation of the services that the housing specialists can provide.
16.17. A technical service inspection report from the Department of Housing and Community Development that identifies the observed conditions within the mobilehome park if the closure, cessation, or change of use is related to damage or destruction by a disaster, as defined in Civil Code Section 798.64, as amended from time to time.
16.17. Any information which the city managerdirector determines is necessary to address the specific issues raised by the application or the impact study and any information that may be necessary to implement the provisions of this chapter or Government Code Section 65863.7, as amended from time to time.
9.82.035 Notice and distribution of relocation impact report.
D. After completing the relocation impact report, the consultant(s) shall promptly file the complete report with the department together with the resident questionnaires required under SMC 9.82.040.
E. Any unused portion of the deposit required under this section shall first be applied to any outstanding conversion permit application fees established by the city council. Any remaining unused funds shall be returned to the applicant.
9.82.040 Resident questionnaire required.
A. A confidential resident questionnaire shall be sent to each park resident, in English and Spanish, on a form provided by the city or its consultant(s) within 30 days of the applicant paying the deposit required under SMC 9.82.035. The questionnaires shall be kept separately from the rest of the application materials and shall not be included in the relocation impact report sent to each resident. The identity of each resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided to a particular resident. If a questionnaire contains insufficient information, the city or its consultant(s) may seek the information directly from the resident. The questionnaire shall require the following information for each mobilehome space in the park:
1. The registered owner and legal owner of the mobilehome;
2. The identity, ages, number and any disabilities of the residents occupying the mobilehome;
Agenda Item #9.1:
10 3. The date of manufacture of the mobilehome, the name of the manufacturer, the size of the mobilehome, the number of bedrooms in the mobilehome, any special amenities in the home, including, but not limited to, equipment needed because of the medical condition, age, or disability of any resident in the home;
4. Any improvements or renovations to the mobilehome or improvements to the mobilehome lot made by the current resident, including, but not limited to, a new roof, porches, patios, awnings, siding, carports, pop-out rooms, recreational equipment, barbecue equipment, landscaping, etc., whether such improvements are movable and the cost of such improvements;
5. The purchase price paid by the current homeowner of the mobilehome and the amount and terms of any remaining mortgage or loan on the home;
6. Any special circumstance that would limit the area to which the resident or tenant is able to relocate;
7. Whether the residents receive Supplemental Social Security Income or qualify as moderate- or low-income household;
8. A notice that the identity of the resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided; and
9. A notice that the acceptance of relocation assistance from the applicant may limit or waive their rights to any assistance as provided by this chapter.
B. Any affected resident may decline to provide any information requested, but the city’s determination of the reasonableness of the level of relocation assistance proposed in the relocation impact report will be based on information provided in response to the questionnaire, and the level of assistance deemed reasonable in an individual case may be limited, or the relocation assistance requirement may be eliminated, based on the owner's or resident's verified refusal to provide information necessary to make such a determination.
9.82.045 Notice of relocation impact report and hearing on conversion permit application.
A. Not less than 1560 days prior to a scheduled hearing before the city council, the park ownerapplicant shall transmitgive to the owner or occupant of each resident of a mobilehome occupying a sitemobilehome lot within the mobilehome park and to, including all other persons described in SMC 9.82.030(C)(3),9.82.035(C)(3), in the manner prescribed by Section 1162 of the Code of Civil Procedure, a copy of the relocation impact report, a copy of this chapter, and notices of the dates, times and places of the public hearings or any informational meetings. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the city managerdirector at least seven days prior to the hearing and shall be signed under penalty of perjury. Notice shall be provided in Agenda Item #9.1:
11 both English and Spanish, and a copy of the relocation impact report, a copy of this chapter shall be available in Spanish upon request.
B. Not less than 30 days before the scheduled hearing before the city council applicant shall hold an informational meeting for the affected residents. A Spanish translator shall be provided or an additional meeting held in Spanish.
C. At least 20 days before the hearing, the director shall mail notice to the applicant and to the residents at the addresses identified report of the date, time and place of the hearing. At least 20 days before the hearing, the director shall cause the property to be posted with a notice of the date, time and place of the hearing. The notice of the hearing shall contain a general explanation of the matters to be considered by the city council and shall be provided in both English and Spanish.
9.82.040050 Notice to newprospective residents.
WhenAfter an application for a change of use and/or closure of a mobilehome park conversion permit has been filed with the citydepartment, the park owner shall advise each prospective new resident who proposes to occupy a mobilehome or mobilehome lot within such park after the filing of such application, in writing, that such application has been filed prior to the execution of a rental agreement or commencement of such occupancy, whichever occurs first, that such application has been filed.. Such notice shall be provided in both English and Spanish.
9.82.045055 Hearing on relocation impact report.
A. A. When an application has been filed for a general plan amendment, rezoning, or conditional use permit for the proposed change of use and/or closure ofBefore approving a mobilehome parkconversion permit, the city managercouncil shall scheduleconduct a public hearing onto consider the conversion permit application. At the public hearing, the city council shall review the relocation impact report beforeand any additional relevant documentation provided to the city council within 30 days of receivingat the relocation impact reporthearing. The city council, in considering the relocation impact report and the application, shall make written findings based on evidence regarding the factors outlined in SMC 9.82.050.9.82.060. The city council may continue the public hearing from time to time.
B. B. At the public hearing, all interested parties will be allowed to present evidence to the city council on any aspect of the application., including the sufficiency of the relocation impact report. The evidence may include, but is not limited to, justification for the payment of relocation costs, including the fair market value of any mobilehome, evidence why a mobilehome cannot be relocated to a comparable mobilehome park, and similar information.
C. C. If the city council is unable to make findings consistent with SMC
9.82.0509.82.060 and is unable to impose reasonable measures as provided in SMC
9.82.0559.82.065 to mitigate the adverse impact(s) of relocationconversion, the city council shall deny the application for a conversion permit, unless the proposed Agenda Item #9.1:
12 conversion, closure or cessation of use.city council makes the finding under SMC
9.82.070(D). No other permit or approval shall be granted in furtherance of the proposed conversion, and no conversion, including change of use, including cessation or closure, shall occur unless a relocation impact reportconversion permit has been approved.
9.82.050060 Findings.
The city council, in considering the relocation impact report and conversion permit application, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate:
A. A. That the relocation impact report provides the information required by state law and this chapter and that it provides the city council with adequate information on the impacts of the park conversion in terms of disruption to and displacement of affected residents and the methods available for addressing relocation needs.
B. B. ThatWhether there will exist, at the time of conversion, closure or cessation of use available mobilehome lots within Sonoma County to accommodate the mobilehomes to be displaced.
C. C. That adequate options are available forto adequately mitigate the impact onimpact on residents who would be disrupteddisplaced by the conversion.
D. D. That the relocation plan provides for reasonable costs of relocation based on the findings of the relocation impact report.
E. E. If the proposed conversion is to another residential use, whether the residents of the mobilehome park will have an opportunitythe right of first refusal to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably long-term displacements.
F. F. That the proposed conversion will not be detrimental to the public health, safety and general welfare.
G. G. Whether, taking into consideration, both the relocation impact report as a whole and the overall housing availability within the local jurisdiction, the conversion will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the city.
G.H. That all reports and notices required by law have been properly prepared and properly served.
9.82.055065 Relocation assistance.
In approving a relocation impact report an application for a conversion permit, the city council may attach reasonable conditions to the permit in order to mitigate the impacts Agenda Item #9.1:
13 associated with the conversion, closure or cessation of use. The specific conditions of approval of a particular application shall be determined on an application-by-application basis with regard to the actsfacts and circumstances of the application and the relocation impact report, but shall not exceed the reasonable cost of relocation, as documented in the relocation impact report. The city council shall require the applicant to enter into a written agreement with the city to ensure compliance with and fulfillment of the conditions of approval, whichas described in SMC 9.82.075. The conditions of approval may include but are not limited to the following matters:
A. A. Payment of relocation assistance to each resident who resided in the mobilehome park as of and after the date the application is filed or the date a closure, conversion or cessation of use is deemed by the city council to have commenced. If relocation assistance requires payment to a displaced resident of the mobilehome park, such payment shall be made not less than 90 days before the date that the resident is required to vacate the mobilehome park.
B. B. Payment to a homeowner whose mobilehome is being relocated to a mobilehome park of the:
1. The cost of physically moving the mobilehome to a new sitemobilehome lot, including teardown and setup of movable improvements such as patios, carports and porches; packing, moving and unpacking all personal property; and in-transit costs for meals, lodging and gas.
2. C. Payment of aA lump sum to compensate for payment of the first and last month rent and any security deposit at the new mobilehome park.
3. D. A lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome park during the first year of the new tenancy.
C. For non-homeowner residents:
1. The costs of all reasonable expenses incurred in moving to comparable housing, up to a maximum distance of 50 miles.
2. A lump sum to compensate for payment of the first and last month rent and any security deposit at the replacement rental housing.
1.3. Payment of a lump sum to compensate for any differential between rental rates at the closing mobilehome park and the new mobilehome parkreplacement rental housing during the first year of the new tenancy.
E. For tenants the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of 50 miles.
Agenda Item #9.1:
14 B.D. F. For homeowners who are unable to reasonably relocate their mobilehome to a comparable mobilehome park within Sonoma County, payment of in-place, fair market value for their mobilehome, based on information contained in the approved relocation impact report, and the costs of all reasonable expenses incurred in moving to comparable housing, up to a maximum distance of 50 miles.
C.E. G. Setting aside a certain number of affordable units for the residents of the park, if the park is to be converted to another residential use; or providing a certain number of affordable units on-site or off-site, if the park is to be converted to a use other than residential.
F. H. Providing the residents of mobilehomes a right of first refusal for new residential units, if the park is to be converted to another residential use. Income-eligible residents may have first priority to purchase or rent any below market rate (BMR) units which may be constructed on the park site, if they meet all eligibility requirements for the BMR housing program. To receive priority for BMR units, interested residents shall file a request with the director before vacating the park.
G. For low-income and/or residents with disabilities, payment of a rent subsidy of up to 36 months if needed to offset increased housing costs and secure comparable housing. The rent subsidy is the difference of rent paid by the resident in the mobilehome park and any higher rent for either a space at another park if the mobilehome is relocated, or rent for comparable housing if the resident moves to other rental housing. Mobilehome owners who are eligible to sell their mobilehome to the applicant at its in-place value may only receive the rent subsidy if the selling price is inadequate to secure comparable replacement housing for at least 36 months.
H. For residents with disabilities, an additional payment toward the cost of obtaining any assistance needed to enable the resident to move or to make reasonable modifications necessary for them to fully use and enjoy their replacement housing.
D.I. In order to facilitate a proposed conversion, closure, or cessation of use of a mobilehome park the residents and applicant may agree to mutually satisfactory conditions. To be valid, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly informs the resident of the right to seek advice of an attorney prior to signing the agreement with regard to the resident’s rights under such agreement, and shall be drafted in the form and content otherwise required by applicable state law.
J. 9.82.060That the applicant, mobilehome park owner (if the applicant is not the mobilehome park owner), and the mobilehome park owner’s successors in interest shall comply with the requirements of the Housing Crisis Act of 2019 (Government Code Sections 66300 to 66300.6.5), as amended from time to time.
9.82.070 Exemption from relocation assistance obligations.
Agenda Item #9.1:
15 If the applicant believes that providing the relocation assistance identified in the relocation impact report would impose an unreasonable financial hardship, is not economically feasible, or would eliminate substantially all reasonable use or economic value, the applicant may request total or partial exemption from relocation assistance obligations in accordance with this section.
A. The request shall be filed with the department at least 60 days before the city’s public hearing on the conversion permit application.
B. The applicant shall notify residents of the request for exemption from relocation assistance obligations by including the request with the relocation impact report that the applicant serves on residents under SMC 9.82.045.
C. To justify the basis for the request of exemption from relocation assistance obligations, the applicant shall provide the following information with the relocation impact report:
1. Statements of profit and loss from the operations of the park for the most recent five-year period before the date of the application or request, audited by a certified public accountant;
2. A statement made under penalty of perjury by a state licensed general contractor that repairs and improvements are necessary to maintain the park in a decent, safe and sanitary condition and to continue the use of the property as a mobilehome park. The statement shall include an itemized list of the necessary repairs and improvements, their costs, and the minimum period of time they shall be made. The applicant shall also submit a statement audited by a certified public accountant on the necessary increase in rental rates of mobilehome spaces within the park within the next five years necessary to pay for such repairs or improvements. At the director’s discretion, the applicant may be required to hire another licensed general contractor selected by the director to analyze the submitted information from another licensed general contractor selected by the director;
3. The estimated total cost of relocation assistance based on SMC 9.82.065 and as determined by a relocation specialist;
4. A comparison by an appraiser from the director’s list of the estimated values of the property if it were to continue as a mobilehome park, and if the park were developed according to the proposed conversion of the park; and
5. Other information the applicant believes to be pertinent, or which may be required by the director.
D. Where an exemption from relocation assistance obligations has been requested, the city council shall make an additional finding to exempt, in whole or in part, the relocation assistance if substantial evidence has been provided that the obligation would impose an unreasonable financial hardship, is not economically feasible, or would eliminate substantially all reasonable use or economic value.
Agenda Item #9.1:
16 9.82.075 Written agreement.
A. A. Subsequent to the approval of a conversion permit, the applicant and the mobilehome park owner, or their successor in interest, shall enter into a written agreement with the city to ensure compliance with the provisions of this chapter and any conditions, mitigation, or relocation assistance approved by the city.
B. The agreement shall bind the applicant, mobilehome park owner, and their successors in interest, and shall be recorded within 30 days of approval of the conversion permit and before issuance of any permit in connection with the approved conversion permit to constitute legal notice to any prospective buyers of the property or successors in interest.
C. The agreement shall provide that the conversion permit may be revoked for noncompliance with any term or condition thereof, or any enforceable permit, permit condition or legal provision applicable to the mobilehome park.
1. When the director finds reason to believe that grounds for conversion permit revocation exist, the director shall send written notice by certified U.S. mail, return receipt requested, to the applicant that states the nature of the noncompliance as grounds for approval revocation. The applicant shall have a reasonable time from the date of the notice, but no more than 30 days unless authorized by the director, to cure the noncompliance or show that no noncompliance ever occurred.
2. If, after notice and opportunity to show that noncompliance did not occur or to cure the noncompliance, the applicant fails to cure the noncompliance, the city council shall conduct a noticed public hearing to determine whether to revoke the conversion permit for uncured noncompliance. The applicant shall be afforded an opportunity to be heard and may speak and submit written materials to the city council. After the noticed public hearing, the city council may revoke or suspend the conversion permit when it finds that the applicant had notice of the noncompliance and remained in noncompliance with any term or condition of the conversion permit and its related agreement, an enforceable permit, permit condition or law applicable to the mobilehome park. Written notice of the city council’s determination and the reasons therefor shall be served by certified U.S. mail, return receipt requested, to the applicant’s address as provided in the agreement.
Upon revocation of approval, the city council may take any legally permissible action or combination of actions necessary to protect public health, safety, and welfare.
9.82.080 Expiration of approval.
Unless the conditions of approval establish a different time limit, any conversion permit granted under this chapter shall expire two years after city council approval. The applicant may be granted no more than one extension for a one-year period. The director may grant a request for an extension based upon a showing that good faith progress has been made toward fulfilling the conditions of approval or some intervening event not the fault of the park owner has prevented timely compliance with the Agenda Item #9.1:
17 conditions of approval. The applicant may appeal the denial of a request for an extension to the city council.
9.82.085 Bankruptcy exemption.
The provisions of this chapter shall not apply if it is determined that the closure of a mobilehome park or cessation of use of the land as a mobilehome park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobilehome park is necessary. The documentation shall include the title, case number and court in which the bankruptcy proceedings were held and certified copies of all pertinent judgments, orders and decrees of the court.
9.82.065090 Administration fee.
The city council may establish by resolution reasonable fees to cover any costs incurred by the city in implementing this chapter. Such costs include, but are not limited to, the reasonable costs to the city to process and review the conversion permit application, including, without limitation, the costs of the relocation impact report consultant(s), the costs of preparing and procuring resident questionnaires, and staff time to process and review the conversion permit application. Such fees shall be paid by the park owner or applicant subject to the provisions of this chapter, in accordance with the limitations of Section 65863.7(g) of the Government Code.
9.82.100 Interpretation
If any portion of this chapter conflicts with state law as set forth in Government Code Section 65863.7 and Civil Code Section 798.56, or other applicable state or federal law, the applicable state or federal law shall supersede this chapterthat portion of this chapter to the extent of the conflict. Any ambiguities in this section shall be interpreted to be consistent with state and federal law.
Agenda Item #9.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Administration
Staff Contact
Cristine Alilovich, City Manager, David J.
Ruderman, City Attorney, Rebekah Barr, MMC,
City Clerk
Agenda Item Title
Discussion, Consideration, and Possible Adoption of an Ordinance Amending Sonoma Municipal Code Section 2.01.020 Councilmember's Salaries to Increase Councilmember Compensation to $950 Per Month
Summary
At its meeting on July 15, 2026, the City Council received an informational report regarding Council compensation. Following discussion, a majority of the City Council expressed interest in increasing the monthly Council stipend from the current $300 per month to $950 per month.
At its August 5, 2026 meeting, the City Council considered an ordinance increasing Council compensation consistent with that direction and introduced the ordinance for first reading.
The proposed increase is authorized by Government Code section 36516, as amended by Senate Bill 329 (SB 329). SB 329 increased the maximum compensation that may be provided to city councilmembers in general law cities and requires that an ordinance increasing compensation be considered at two public meetings before adoption.
At the July 15 meeting, the Council discussed both the potential benefits and concerns associated with increasing Council compensation. Reasons cited in support of an increase included making public service more accessible to individuals who may face financial barriers to serving, helping offset the costs associated with Council service, potentially encouraging a broader pool of candidates to seek office, and bringing Sonoma's compensation more closely in line with surrounding jurisdictions.
Concerns raised included the lack of available evidence demonstrating that increased compensation results in greater candidate participation or more diverse representation, questions about whether the proposed amount would be sufficient to materially affect an individual's decision to seek office, and the additional General Fund cost at a time of continued financial uncertainty.
As discussed in the prior staff report, there is currently limited data regarding the effects of compensation increases implemented under SB 329. The legislation took effect on January 1, 2024, does not require cities to report whether or by how much they increase Council compensation, and does not establish reporting requirements related to candidate participation, Council composition, or other potential outcomes. Staff also contacted other California cities, including neighboring jurisdictions, and did not identify additional studies or data evaluating the effects of SB 329.
The ordinance introduced on August 5, 2026 is now before the City Council for consideration of adoption.
Agenda Item #9.2:
Recommended Council Action
Adopt the Ordinance Amending Sonoma Municipal Code Section 2.01.020 Councilmember's Salaries to Increase Councilmember Compensation to $950 Per Month Alternative Actions
Council discretion.
Financial Impact
The current City Council salary totals $3,600 annually per Councilmember, or $18,000 annually for the five-member City Council. If the ordinance is ultimately approved, the additional annual cost to the City's General Fund would be $39,000, bringing the total annual Council compensation to $57,000.
For Fiscal Year 2026-27, the immediate impact to the General Fund would be an additional $19,500, as the increase would not take effect until January 1, 2027.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Council Pay Ordinance
Alignment with Council Goals:
Not Applicable
Agenda Item #9.2:
City of Sonoma
ORDINANCE #_______ - 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING SECTION 2.01.020 TO THE SONOMA MUNICIPAL CODE TO INCREASE
COMPENSATION FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, in 2023, the California Legislature adopted Senate Bill (SB) 329, which amended Government Code section 36516 to increase the maximum compensation authorized for council members serving in general law cities. For cities with populations of 35,000 or fewer, including the City of Sonoma (estimated population 10,739), the maximum authorized compensation is now $950 per month, subject to adoption of a local ordinance; and WHEREAS, the City of Sonoma has maintained the same compensation for Councilmembers of $300 per month since its establishment by Ordinance #06-2007 in 2007; and WHEREAS, the City Council of the City of Sonoma now finds increased compensation necessary and desirable to more closely align the City of Sonoma City Council salary with other neighboring cities, address rising inflation and costs of living, account for increased costs in serving in public office, ensure that Council service is not reserved only for those who can afford it, and create more access for underrepresented members of the public to pursue public office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference.
SECTION 2. Code Amendment. Section 2.01.020(A) of the Sonoma Municipal Code is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
2.01.020 COUNCILMEMBERS’ SALARIES
A. Each member of the council shall receive, as salary, the sum of nine hundred fifty dollars $300.00 per month, as prescribed in Section 36516 of the Government Code for cities of up to and including thirty-five thousand in population payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.
SECTION 3. CEQA Findings. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it establishes compensation, with no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any 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 adopted this Ordinance, and each section, subsections, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the cat that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Agenda Item #9.2:
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after passage thereof. However, the increased compensation provided by this Ordinance shall not take effect until the commencement of the terms of one or more councilmembers elected or reelected at the regular election in the City on November 3, 2026.
SECTION 6. Publication. This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 7. This Ordinance Prevails Where There is Conflict. To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or City ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
INTRODUCED and first read at a regular meeting of the City Council on the 5th day of August 2026.
PASSED, RESOLVED, AND ADOPTED, at a Regular Council Meeting of the City Council of the City of Sonoma held on the 19th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Ron Wellander, Mayor
ATTEST:
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
___________________________________
Date
Agenda Item #9.2:
I HEREBY CERTIFY that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on the 19th day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #9.2: