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LAW OFFICES GILCHRIST &c RITi'PER PROF6SB10NAL COAPORATiON Mayor Jennifer Hosterman Vice Mayor Cheryl Cook-Kallio Councilmember Cindy McGovern Councilmember Matt Sullivan Councilmember Jerry Thorne Pleasanton City Council March 31, 2009 Page 4 In Palm Springs Investment, Inc. v. Ciry of Palm Springs, Riverside Superior Court Case No. INC070631, the Honorable James A. Cox, held, The language in EI Dorado at pages 1165-66, states that the determination of whether an application for a map is a "sham", is a decision to be made by the courts and not a local agency. This holding in El Dorado appears to have been left unaltered by the AB 930 amendments. Accordingly, the City's finding of a non-bona fide application does not provide a defense to the requested writ. Similarly, in Palo Mobile Associates v. Ciry 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] cleazly did not alter state preemption or overrule the preemption language of EI Dorado; it simply added one more informational requirement in the form of a survey of residents." Accordingly, any denial of the Conversion on the basis of the results of the Survey in Vineyazd Mobile Villas would be without factual or legal basis, and would be insufficient to legally support a denial. We hope addressing these two issues before the Hearing will make for a smoother process. We look forward to addressing any further questions the City Council may have at the Hearing. Very truly yours, GILCHRIST & RUTTER l~ichazd H. Close For the Firm cc: Michael Roush, City Attorney (via FedEz) Ms. Kazen Diaz, City Clerk (for inclusion in the record) (via FedEx) Mr. Brian Dolan, Director of Community Development (via U S Mai!) Ms. Natalie Amos, Assistant Planner (via US Mail) T W'C. s f/ 171279_2. DOC/033109 4640.001