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LAW OFFICES <br /> GILCHRIST RUTTER <br /> PROFESSIONAL CORPORATION <br /> Jennifer Pearce, Chairperson <br /> Arne Olson, Vice Chairman <br /> Commissioner Philip Blank <br /> Commissioner Anne Fox <br /> Commissioner Kathy Narum <br /> Commissioner Gregory M. O'Connor, Alternate <br /> Pleasanton Planning Commission <br /> January 22, 2009 <br /> Page 3 <br /> The owners of the Carson Harbor Village and Palm Springs View mobilehome parks are <br /> both now pursuing damages claims against those cities for millions of dollars as a result of the <br /> delay caused by those cities' illegal actions which delayed the Conversions. <br /> Similarly, in Palo Mobile Associates v. City of East Palo Alto, San Mateo Superior Court <br /> Case No. 467731, the Honorable Quentin Kopp of the San Mateo Superior Court issued an <br /> opinion in a facial challenge to that city's ordinance, stating, "The 2002 amendment to section <br /> 66427.5 [to require the survey of residents] clearly did not alter state preemption or overrule the <br /> preemption language of El Dorado; it simply added one more informational requirement in the <br /> form of a survey of residents." <br /> Happily, in the present Application, the majority of residents who expressed an opinion <br /> in responding to the Survey support the Conversion of Vineyard Mobile Villas. According to the <br /> City Attorney, 41 residents were in favor, 38 opposed and 40 declined to respond. <br /> One other topic that often leads to misunderstanding in some cities is the question of the <br /> prices at which units will be offered. In the present Application, because the owner has agreed <br /> not to sell lots for ten years after City approval of the subdivision, such an appraisal today would <br /> be completely uninformative and useless. Furthermore, the City has no legal role in evaluating <br /> the amount that the owner will price the units. As the Court of Appeal stated in El Dorado, <br /> "section 66427.5 does not require disclosure of the tentative price, or the proposed rental prices, <br /> at the time of the filing of the tentative map application." <br /> We hope addressing these two issues before the Hearing will make for a smoother <br /> process. We look forward to addressing any further questions the Commission may have at the <br /> Hearing. <br /> Very truly ours, <br /> GII,C RUTTER <br /> Pr* o .oration <br /> Richard H. Close <br /> For the Firm <br /> cc: ichael Roush, City Attorney <br /> v Ms. Maria Hoey (for inclusion in the record) <br /> T W C: aap /168901_1.DOC/012209/4640.001 <br />