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LfiW OFFICES GILCHRIST ~ RUTTER PROFE6810NAI. CORYOIUTION Jennifer Pearce, Chairperson Arne Olson, Vice Chairman Commissioner Philip Blank Commissioner Anne Fox Commissioner Kathy Narum Commissioner Gregory M. O'Connor, Alternate Pleasanton Planning Commission January 22, 2009 Page 3 The owners of the Carson Harbor Village and Palm Springs View mobilehome parks are both now pursuing damages claims against those cities for millions of dollars as a result of the delay caused by those cities' illegal actions which delayed the Conversions. Similarly, in Palo Mobile Associates v. City of East Palo Alto, San Mateo Superior Court Case No. 467731, the Honorable Quentin Kopp of the; San Mateo Superior Court issued an opinion in a facial challenge to that city's ordinance, stating, "The 2002 amendment to section 66427.5 [to require the survey of residents] clearly did not alter state preemption or overrule the preemption language of El Dorado; it simply added one more. informational requirement in the form of a survey of residents." Happily, in the present Application, the majority of residents who expressed an opinion in responding to the Survey support the Conversion of Vineyt>rd Mobile Villas. According to the City Attorney, 41 residents were in favor, 38 opposed and 40 declined to respond. One other topic that often leads to misunderstanding in some cities is the question of the prices at which units will be offered. In the present Application, because the owner has agreed not to sell lots for ten years after City approval of the subdivision, such an appraisal today would be completely uninformative and useless. Furthermore, the City has no legal role in evaluating the amount that the owner will price the units. As the Court of Appeal stated in EI Dorado, "section 66427.5 does not require disclosure of the tentative price, or the proposed rental prices, at the time of the filing of the tentative map application." We hope addressing these two issues before the Hearing will make for a smoother process. We look forward to addressing any further questions the Commission may have at the Hearing. Very truly ours, GILC [ RUTTER Pr s~ o oration Richard H. Close For the Finn cc: 1Vlrchael Roush, City Attorney Ms. Maria Hoey (for inclusion in the record) T W C:aap/168901_ I . DOGO 122 09/4 6 4 0.00 l