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SR-6-N (39) {;-IJ MAR 2 2 199't CA:f:\atty\muni\laws\barry\richard.hrg City Council Meeting 3-22-94 Santa Monica, California STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Appointment of David Pettit to Review and Reconsider Complaints Concerning Relocation Benefits That Are Being Offered Remaining Tenants At 505 Olympic Boulevard INTRODUCTION This report recommends that the City Council authorize the City to hire David Pettit of Hedges & Caldwell to act on behalf of the City Council in reviewing and reconsidering complaints raised regarding the relocation benefits that the City has offered the remaining tenants at 505 Olympic Boulevard. BACKGROUND In February 1992, the City purchased the property located at 505 Olympic Boulevard from Joel Hager. Mr. Hager operated this property as a mobilehome park. The City currently uses a portion of this property for a homeless services facility. The remainder of this property will be utilized by the City's Transportation Department. The city's current and anticipated uses of this property require the displacement of the tenants residing on this property. The City is required to provide relocation assistance to the displaced tenants. All tenants who resided in the mobilehome park at this site have been relocated to comparable replacement housing except the tenants residing on Space No.6, Benny Richardson and Pamela Summers ("the remaining tenants"). To assist the city in relocating the remaining tenants, the City hired Pacific Relocation Consultants ("PRC") in April 1993. PRC has been in constant contact with the remaining tenants since that date determining their relocation needs and providing them with comparable replacement housing listings. Based on the appraised value of the remaining tenants' mobilehome and other relocation assistance obligations, PRC has informed these tenants that the City is prepared to provide relocation assistance of $55,000.00- $58,000.00. In accord with this representation, as of this date, PRe has provided these tenants with eight (8) comparable replacement housing listings, all of which have been rejected by the remaining tenants. MAR 2 2 199't ~-N While it is this office's position that the City has fully complied with its relocation obligations under state and local law, the remaining tenants disagree. Pursuant to Title 25 California Code of Regulations section 6150 et seq. and Santa Monica City council Resolution 8615, Section 1000 et seq., the remaining tenants have the right to administratively challenge the propriety of the City's actions in relocating these tenants. An informal oral presentation before the city Manager or City Manager Designee is the first step in this administrative review process. The remaining tenants requested such a hearing on or about January 21, 1994. The city Manager appointed Jeff Mathieu, Director of Resource Management, as his designee. A hearing was held on February 8, 1994. Mr. Mathieu issued his decision on February 24, 1994 affirming the actions that the city has undertaken in seeking to relocate the tenants and the amounts of relocation assistance being afford. A copy of that decision is attached hereto as Attachment A. The remaining tenants have until April 10, 1994 to appeal this decision to the City Council. The city council is authorized to review and reconsider this matter itself or appoint an impartial designee to conduct this review and reconsideration on behalf of the Council. While the remaining tenants have not yet filed an appeal, we believe that such an appeal will be filed shortly. We also anticipate that the hearing on this matter could last 1 to 2 full days. since we anticipate a lengthy proceeding involving a detailed evidentiary presentation, we recommend that the city council appoint David Pettit as its impartial designee to review and decide this matter, rather than have this matter heard by the city Council itself. If appointed by the Council as recommended herein, Mr. Pettit's decision would be final subject to the remaining tenants' right to seek judicial review. Mr Pettit is an experienced civil litigator with a highly reputable law firm in downtown Los Angeles. He is currently on the list of pro tems who hear Small Claims appeals for the Los Angeles County Superior Court and typically sits as a Superior Court judge pro tern two or three times per year. He has particular expertise in landlord/tenant law and is very familiar with the regulatory protections afforded mobilehome tenants. A copy of Mr. Pettit's resume is attached hereto as Attachment B. Hr. Pettit's billing rate for this proceeding will be $150.00jhr. RECOMMENDATION It is recommended that the City council appoint David Pettit as the impartial designee to review and reconsider the remaining tenants' anticipated appeal from the February 24, 1994 decision of Jeff Mathieu regarding the remaining tenants' relocation assistance complaints. Prepared by: Marsha Moutrie, city Attorney Joseph Lawrence, Assistant City Attorney Barry Rosenbaum, Deputy city Attorney Attachments: A. Jeff Mathieu decision dated 2/24/94 B. David Pettit Resume ATTACHMENT A CITY OF SANTA MONICA CALIFORNIA RE~01JRCE f\.lA.'\AGEME\T DEPART~"IEl\T (310) 4582251 3223 Don,lId Dllugl...~ Loop South ~ul!e 2, S...rt.l .\hml~'" CA,. 9'J+-)') February 24, 1994 Benny Richardson Pamela Summers 505 Olympic Blvd., #6 Santa Monica, CA 90401 Re: Review of Relocation Benefits Complaint Dear Mr. Richardson and Ms. Summers: As you know, on or about January 21, 1994, you submitted a relocation benefits complaint form to the City requesting a hearing before the Clty Manager or his designee to review your complaints concerning the relocation benefits that were being offered you to relocate from the City-owneQ property at 505 Olympic Boulevard. Attached to this complaint form was a several page document setting forth approximately forty-three (43) issues that you wanted addressed. A hearing on this matter was held on February 8, 1994. I have now completed my review of all the exhibits that you presented me at the hearing; a transcript of the February 8, 1994 proceeding, a copy of which is attached hereto; relevant correspondence between the City and Pacific Relocation Consultants ("PRC); the April 12, 1993 Schenberger, Taylor, McCormick & Jecker, Inc. appraisal of your mobilehomej the city's updated relocation plan; the various notices of termination and displacement served upon you; and all relevant rules and regulations. Since your presentation at the February 8th hearing tracked the issues presented in the complaint form document, I think it would be most appropriate to proceed in the same issue by issue format in my response to your complaint. ISSUE 1 Whether the six Month Notice of Termination of Tenancy for Cause served on July 15, 1993, allegedly authorized by Civil Code section 798.56(g) and Santa Monica city Charter section 1a06(i), the 90 Day Notice of Displacement allegedly served on or about October 19, 1993 and allegedly authorized by Title 25 California Code of Regulations section 6042(d) and Santa Monica City Resolution No. 8615, section 1202, the 60 Day Notice of RE~OURCI:. !\;1A..'iAGH1ENT DEPARTMENT A.......<..l " In 19.t:ment B.J.\....lllt... J)....lrlc..t l--oLOOUmEl De.....t-..lopnlenl F ...rm H' \1.uke. ''.In... Moln.... AJrpurl ....Im.. MonKa P,er "r>eu.d I-'rOle'-l~ Tlun.l ".reel Promen.!de HUU....Ulp; Aurhor1t'L HOu....Lng Dr\.Ic;;lun Re...1 i-,[.![L Admlnl,.r.![llm Redt:,<:lupment A~enl\ Benny Richardson Pamela Summers February 24, 1994 Page 2 Termination for Cause served on November 18, 1993, allegedly authorized by Civil Code section 79B.56{g), the 30 Day Notice of Termination of Tenancy for Cause served on December 17, 1993, allegedly authorized by civil Code Section 798.56(g) and Santa Monica City Charter section la06{i) and the 30 Day Notice of Termination of Tenancy for Cause served on December 21, 1993, allegedly authorized pursuant to Title 25 California Code of Regulations Section 6042 (c) and 6058 (b) and Santa Monica City Council Resolution 8615, Section 1203(6) are all unlawful and void ab initio under established law. RESPONSE TO ISSUE 1 As I discussed with you at the February 8, 1994 hearing, the scope of review of your complaint is established by state and local relocation assistance law. These statutory provisions provide that any person who believes himself aggrieved by a determination as to eligibility for relocation assistance, the amount of payment, the failure of the City to provide comparable permanent replacement housing, or the City'S property management practices may have his claim on these issues reviewed by the city Manager designee. with this scope of review in mind, I believe that only your challenge to the October 19, 1993 90 Day Notice of Displacement and the December 21, 1993 30 Day Notice of Termination are appropriately the subject of review in this proceeding. Title 25 California Code of Regulations Section 6042(d) provides in relevant part that "[nJo eligible person occupying property shall be required to move from a dwelling . . without at least 90 days written notice from the public entity requiring the displacement.., Santa Monica city Council Resolution No. 8615, Section 1202 imposes the same requirement. On October 19, 1993, the City served a 90 Day Notice of Displacement on you informing you that the use of the property at 505 Olympic Boulevard, Santa Monica, California by the Cityfs Transportation Department will require your displacement by January 17, 1993. This Notice was served by posting a copy of the notice on your premises and by mailing a copy of the notice to you. At the hearing, you challenged the propriety of serving this notice by mail. However, both state law and local law specifically authorize service in this manner. See Title 25 California Code of Regulations Section 6196; Santa Monica City Council Resolution No. 8615, Section 1210. Moreover, as discussed, this notice was also posted on your property after attempts to personally deliver the notice were unsuccessful. Benny Richardson Pamela Summers February 24, 1994 Page 3 You further contended that you did not receive this notice untll much later in time. The City, however, is at a loss to understand this contention in light of the fact that the City employed two distinct methods to serve this notice on you -- one by posting, the other by mail. The city has signed proofs of service from the individuals responsible with serving these documents on you in the manner discussed. The December 2~, 1993 Thirty Day Notice of Termination was served on you pursuant to Title 25 California Code of Regulations Section 6058(b) (5) and 6042(c) as well as Santa Monica city Council Resolution 8615, Section 1203(6). These sections authorize eviction where a tenant has refused to accept one of a reasonable number of offers of replacement dwellings. The Thirty Day Notice addressed in detail the basis for this notice. More specifically, on or about May 13, 1993, the city of Santa Monica through its consultant Pacific Relocation Consultants ("PRC") provided you with a listing of seven (7) comparable replacement dwellings. These comparable replacement dwellings were located in Santa Monica and Culver City, California. On about July 20, 1993, PRC sent you a follow-up letter indicating that these listings were still available and stating that PRe was prepared to provide you all necessary relocation assistance. Finally, on or about November 11, 1993, PRC sent you another letter, PRC sent you another letter indicating that another comparable replacement dwelling had become available in Culver city and specifying which of the previously offered units were still available. Thus, as of the date of the Thirty Day Notice, the City had provided you with at least eight (8) offers of comparable replacement dwellings, yet you have refused to accept any of these offers. Additionally, PRC has~continued to attempt to work with you since the service of the Thirty Day Notice. For instance, as you acknowledged at the hearing, on or about January 28, 1994, PRe notified you that at least three (3) comparable replacement dwellings remained available in Culver city. You emphasized at the hearing on this matter that there are currently no comparable replacement dwellings available in Santa Monica. However, the fact that you refused to consider any of the dwellings that were available in Santa Monica and that they have now been sold can hardly be a legitimate challenge to the City's actions in this matter. The City offered you several comparable replacement dwellings in Santa Monica and you refused all of these offers. You contended at the hearing that the City is required to relocate you in your neighborhood. However, this does not accurately reflect the requirements of state law. More Eenny Richardson Pamela Summers February 24, 1994 Page 4 specifically, state law simply requires the Clty to make every reasonable effort to relocate you within or near your existing neighborhood. Where as here it is impossible for the City to relocate you within the immediate vicinity of the existing rnobilehome park since this is the only such park within a couple mile radius, the City does not believe it is precluded from relocating you to other comparable housing not precisely within your existing neighborhood Moreover, as noted above, you were offered several mobilehomes in the two other parks in the City, both within relatively close proximity to your current residence, i.e., near your existing neighborhood. Given these circumstances, the city believes that it has proceeding properly. The fact that one of you is now sixty three (63) years of age does not alter this analysis. ISSUE 2 Whether established law requires the City to appraise our lease and negotiate its value fairly? RESPONSE TO ISSUE 2 The city is unaware of any provision of law which would require the city to appraise and purchase your lease, a month-to- month tenancy terminable upon establishment of just cause. certainly, there is no provision in state or local relocation assistance law which remotely suggests that this is required. For instance, Title 25 California Code of Regulations section 6104 requires the city to provide you with the amount of financial assistance necessary to enable a displaced person to lease or rent comparable replacement dwelling for a period of 48 months. This amount is determined by subtracting the amount of rent you are currently paying from the amount of rent you will have to pay for a comparable dwelling and multiply this figure by 48. Surely, if state law required the city to purchase your lease, this section of state law would so provide and the requirements set forth in this section as discussed above would be eliminated as being irrelevant to this calculation. Additionally, Title 25 california Code of Regulations Section 6008(q) identifies the types of leasehold interests that can be classified as ownership interests. Your lease is not one of these types of leasehold interests. Relatedly, you contended at the hearing that under santa Monica's Rent Control Law, you have the right to lease you space pad in perpetuity. However, as you are well aware, under the Rent Control Law, the owner of rental property is authorized to evict tenants for certain specified reasons, one of which is having obtained a removal permit from the Rent Control Board. On Benny Richardson Pamela Summers February 24, 1994 Page 5 May 27, 1993, the City obtained such a removal permit and therefore was expressly authorized by the Rent Control Board to serve you with an eviction notice on this basis. While you contend that the removal permit is invalid, that contention is beyond the purview of this review. However, I note that you have never challenged the issuance of this permit in the manner established by law, namely through the filing of a timely administrative mandamus petition. As such, the removal permit granted by the Board is valid and the City has acted properly in proceeding in the manner authorized by the permit and the agreement signed thereunder. While you stated at the hearing that you desired to live at the 505 Olympic site forever, you were aware at the inception of your lease that a change in use of 505 Olympic property was envisioned. Indeed, on May 10, 1984, you acknowledged that the park would be closing and indicated that you would be moving your mobilehome to Mexico prior to the park's closure. ISSUE 3 Whether the appraisal of our mobilehome and real property interest in space number 6 was untimely and unfairly made and whether the amount of the appraisal is lnadequate based upon its location and condition? RESPONSE TO ISSUE 3 On April 12, 1993, an appraisal report was issued by Schenberger, Taylor, McCormick & Jecker which appraised the value of your mobilehome. The City considers this organization to be highly skilled in conducting appraisals of this nature. The appraisal is extremely detailed and thorough. At the hearing on this matter, you presented absolutely no evidence to rebut the validity of this appraisal other then your mere contention that it is inadequate. Moreover, while you contend that the value of the mobilehome has increased since it was appraised, you failed to provide any evidence to establish this claim except to state that this assertion is based upon people knowledgeable in real estate in the area. General market conditions in Southern california would certainly suggest otherwise. Given the above, the City remains quite confident in the reliability of its appraisal. As discussed in Response to Issue 2, the City did not independently appraise you interest in Space Number 6 and does not believe that it has any obligation to do so. The city notes, however, that when your mobilehome was appraised, a significant portion of its value was attributable to the increased amount Benny Richardson Pamela Summers February 24, 1994 Page 6 that a purchaser of the home would be willing to pay due to the buyers' anticipation that their rents would continue to be below market rents due to the presence of rent control. In essence, your rent-controlled lease was valued through the appraisal of your mobilehome. ISSUE 4 Whether the appraisal of our mobilehome in space number 6 was untimely and unfairly made and whether the amount of the appraisal is inadequate based upon its location and condition and whether its value presently exceeds the appraisal? RESPONSE TO ISSUE 4 See Response to Issue 3. ISSUE 5 Whether we have a real property interest in mobilehome space number 6 under established law? RESPONSE TO ISSUE 5 See Responses to Issues 2-3. ISSUE 6 Whether we may lawfully refuse to accept the $56,000.00 offer made by the City to purchase our mobilehome and relocate us elsewhere? RE~PONSE TO ISSUE 6 See Responses to Issues 1-3, 7, 9. ISSUE 7 Whether the City has failed or refused to acquire our dwelling and real property interest in mobilehome space number 6? RESPONSE TO ISSUE 7 On September 10, 1993, the City made a formal offer to purchase your trailer at the appraisal price established in the April 12, 1993 appraisal report issued by Schenberger, Taylor, McCormick & Jecker which appraised the value of your mobilehome at $33,800. The City has on other occasions indicated that it anticipated paying you additional relocation assistance in the Benny Richardson Pamela Summers February 24, 1994 Page 7 $20,000-$25,000 range. The exact amount will depend on the specific mobilehome park that you chose and the rents and other expenses therein. Thus, the total amount of relocation assistance that the City believes it is responsible to pay is approximately $55,000-$58,000. While I have reviewed all the evidence that you presented at the hearing on this matter, including the transcript of your testimony, I find no basis for requiring the city to bear a greater relocation obligation. since you have never accepted the City's offer to purchase, it has been impossible for the City to actually acquire your mobilehome. The city remains ready and able to do so immediately upon your acceptance of the city's offer. As already discussed in detail, the City does not believe it has any independent obligation to purchase your mobilehome space. You expressed concern at the hearing that the City may revoke its offer of relocation assistance. I am aware of no basis for this concern. The city understands its obligations under State and local law and unquestionably intends to meet these obligations. You also emphasized at this hearing that the state Relocation Guidelines only establish minimum requirements for relocation assistance and payments. However, the city is unaware of any other authority or obligation which would require it to offer you a greater amount of relocation assistance than has already been offered you. You did not specifically identify any. ISSUE 8 Whether we have the continued right of possession to our mobilehome absent acquisition by the city of our real property interest in mobilehome space number 67 RESPONSE TO ISSUE 8 since the City does not believe that it has any obligation to pay you for your leasehold interest at the premises, the city does not believe that you have any continued right of possession based on this claim. See also Responses to Issues 2-3. ISSUE 9 Whether the allegedly comparable replacement housing units offered by the City lack comparability under established law and, if comparable, whether there is justification for refusing it? Benny Richardson Pamela Summers February 24, 1994 Page 8 RESPONSE TO ISSUE 9 On or about May 13, 1993, the City through PRC provided you with a total of seven (7) mobilehome referrals. Two referrals were identified in the Mountain View Mobile Inn, 1930 stewart Avenue, in Santa Monica. Space 40 and space 1-2 were available with asking prices of $47,000 and $43,900. space rents for these units were in the $300 to $350 range. Two additional referrals were identified in the village Trailer Park, 2930 Colorado Ave., in the City. Space B-3 and Space B-4 were available with asking prices of $34,000 and $25,000 respectively. Finally, three additional referrals were identified in the City Terrace Mobile Home Park, 11250 Playa street in Culver city, California. Space 82, Space 59, and Space 36 were available in the park. The asking prices were $34,900, $33,000 and $48,000 respectively. On or about July 20, 1993, you were provided with a follow- up letter indicating that the referrals of May 13, 1993 were still available and setting forth two examples of the relocation benefits that would be available to you. On or about November 11, 1994, an update was provided to you stating that mobilehomes in the city Terrace Mobilehome Park were still available. These were the mobilehomes located in spaces 59 and 36. In addition, you were informed that a new unit had become available. Space 77 was available with an asking price of approximately $42,000. On or about January 28, 1994, another update was provided to you advising you that the units in the city Terrace Park in Culver city were still available. These units are spaces 59, 36 and 77. The replacement options clearly meet the requirements of State law regarding comparable units. The available homes in the Culver city park are in fact superior to your existing coach. The others that were available in the Santa Monica parks were at a minimum equal to your present coach. In the instance of the Culver city units, the amenities are better than the existing park, even when the park was in full operation. This park is in close proximity to all the same type of facilities that you currently enjoy and is not an unreasonable distance from Santa Monica where you currently spend a lot of your working hours. The City does not believe that you are justified in refusing to accept any of the comparable housing units that have been offered to you. Moreover, given these legitimate offers of comparable replacement mobilehome housing, the City has no obligation to provide you with conventional housing as you Benny Richardson Pamela Summers February 24, 1994 Page 9 suggested at the hearing on this matter. See 25 California Code of Regulations Section 6112(c) (5) (A). ISSUE 10 Whether the City has made every reasonable effort to acquire our real property interest in mobilehome space number 6? RESPONSE TO ISSUE 10 See Responses to Issues 2-3. ISSUE 11 Whether prior to the purchase of the Civic Center Trailer Park by the City, Joel Hager and the city agreed to withhold mobilehome spaces from the housing market in violation of established law? RESPONSE TO ISSUE 11 This issue is not properly a subject of this proceeding. ISSUE 12 Whether the City purchased the Civic Trailer Park subject to the existing rights of tenants in possession? RESPONSE TO ISSUE 12 This issue is not properly a subject of this proceedi~g. ISSUE 13 Whether Civic Center Trailer Park was a mobilehome park on the date the City and Joel Hager entered into an option and Purchase Agreement and whether it ceased to be a mobilehome park when the next to the last tenant vacated the park? RESPONSE TO ISSUE 13 This issue is not properly a subject of this proceeding. ISSUE 14 Whether the City is required to make every effort to relocate us within our existing neighborhood and whether we are entitled to special consideration as to location because we are an elderly household? Benny Richardson Pamela Summers February 24, 1994 Page 10 RESPONSE TO ISSUE 14 See Response to Issue 1. ISSUE lS Whether civil Code section 798.56(g) is being tortiously and unconstitutionally used by the City to terminate our tenancy in the Civic Center Trailer Park in violation of our 5th and 14th Amendment right? RESPONSE TO ISSOE 15 This issue is not properly a subject of this proceeding. ISSUE 16 Whether the City undertook or participated in activity that would result in displacement of persons prior to adopting rules and regulations that would implement the requirements of the Act and Guidelines? RESPONSE TO ISSUE 16 Title 25 california Code of Regulations section 6006(a) provides that before undertaking or participating in an activity that will result in displacement of persons, a public entity shall adopt rules and regulations implementing the California Relocation Assistance Law. You assert that the city failed to comply with this provision since it did not adopt the required rules and regulations until the adoption of Resolution 8615 on June 29, 1993. However, as Resolution 8615 expressly states, that resolution amended the City's preexisting rules and regulations for implementation of the California Relocation Assistance Law and property acquisition procedures. The City had already adopted rules and regulations iEpleEenting the Act and Guidelines well before it purchased the 505 Olympic Boulevard property. The City believes that its actions in attempting to relocate you from the City's property at 505 Olympic complies with state law and the City's resolution implementing state law. You argued at the hearing that all actions that the City undertook prior to the June 29, 1993 resolution were improper since before that time it had not enacted rules and regulations implementing State Relocation law. However, as stated above, your assertion is incorrect. Moreover, even if the June 29, 1993 resolution had constituted the Council's first enactment of rules and regulations for the implementation of state Relocation law, the City was clearly authorized to proceed with its displacement Benny Richardson Pamela Summers February 24, 1994 Page 11 activities in light of the resolution's adoption. See Title 25 California Code of Regulations, Section 6016(a). ISSUE 17 Whether the City after it purchased the civic Center Trailer Park continued to withhold mobilehome lots from the housing market in violation of established law? RESPONSE TO ISSUE 17 This issue is not properly a subject of this proceeding. ISSUE 18 Whether the City denied us procedural due process by proceeding with any phase of the project or other activity that will result in displacement prior to the Relocation Plan being submitted to the city councilor the head of the state agency? RESPONSE TO ISSUE 18 This issue is not properly a subject of this proceeding. ISSUE 19 Whether the city deprived us of procedural due process when it failed to give us an opportunity to participate in reviewing the relocation plan and monitoring the relocation assistance program required by established law? RESPONSE TO ISSUE 19 While this precise issue is not properly a subject of this proceeding, the City does believe that it has provided you with ample opportunity to review and comment on the relocation plan and to monitor the City's relocation assistance program. ISSUE 20 Whether the city removed tenants from Civic Center Trailer Park in order for the Transportation Department to use the property in violation of established law? RESPONSE TO ISSUE 20 This issue is not properly a subject of this proceeding. Benny Richardson Pamela Summers February 24, 1994 page 12 ISSUE 21 Whether the city continued to pursue Removal Permit Application No. 296-R on May 27, 1993 in violation of established law? RESPONSE TO ISSUE 21 This issue is not properly a subject of this proceeding. ISSUE 22 Whether the city failed to have the hearing set on Removal Permit Application No. 296-R in violation of established law? RESPONSE TO ISSUE 22 This issue is not properly a subject of this proceeding. ISSUE 23 Whether the provisions of the Rent Control Charter Amendment and Chapter 5 of the Rent Control Board's Rules and Regulations are mandatory? RESPONSE TO ISSUE 23 This issue is not properly a subject of this proceeding. ISSUE 24 Whether registration and penalty fees were due and owing on the date the city's Removal Permit Application was set for hearing? RESPONSE TO ISSUE 24 This issue is not properly a subject of this proceeding. ISSUE 2S Whether the city submitted an incomplete removal permit application to the Rent Control Board on May 6, 1991? RESPONSE TO ISSUE 25 This issue is not properly a subject of this proceeding. Benny Richardson Pamela Summers February 24, 1994 Page 13 ISSUE 26 Whether the word "site" as used in Rent Control Charter Amendment section 1803(t) (2), (ii) means only the property in question to the exclusion of contiguous property? RESPONSE TO ISSUE 26 This issue is not properly a subject of this proceeding. ISSUE 27 Whether the Relocation Plan submitted to the Rent Control Board on December 12, 1991 is inadequate under established law? RESPONSE TO ISSUE 27 This issue is not properly a subject of this proceeding. ISSUE 28 Whether the updated Relocation Plan is inadequate under established law? RESPONSE TO ISSUE 28 I have reviewed the updated Relocation Plan. It appears to thoroughly cover all areas required by state and local law. ISSUE 29 Whether the Rent Control Charter Amendment and Rent Control Board rules and Regulations apply to all Category D removal permits? RESPONSE TO ISSUE 29 This issue is not properly a subject of this proceeding. ISSUE 30 Whether the provisions of the Rent Control Charter amendment and Rent Control Board Rules and Regulations apply only to landlords and tenants and whether homeless persons that have no landlord tenant relationship are excluded from the operation of the provisions? Benny Richardson Pamela Summers February 24, 1994 Page 14 RESPONSE TO ISSUE 30 This issue is not properly a subject of this proceeding. ISSUE 31 Whether the city and Jay Johnson agreed to remove civic Center Trailer Park from rent control in violation of established law? RESPONSE TO ISSUE 31 This issue is not properly a subject of this proceeding. ISSUE 32 Whether the Removal Permit Agreement, executed on June 29, 1993, violates the City Charter and Rent Control Rules and Regulations? RESPONSE TO ISSUE 32 This issue is not properly a subject of this proceeding. ISSUE 33 Whether the Removal Permit Agreement signed on June 29, 1993 is against public policy, unlawful and an unenforceable contract? RESPONSE TO ISSUE 33 This issue is not properly a subject of this proceeding. ISSUE 34 Whether the city's action in fencing off the laundry room and showers and turning them over to the Salvation Army to operate a homeless facility constitutes a partial constructive eviction? RESPONSE TO ISSUE 34 While the City indeed operates a homeless facility on a portion of the 505 Olympic site, the city is unaware of any instances in which your rights and privileges as a tenant have been disturbed. While the laundry room and showers have been enclosed, you have full access to these facilities at all times. Your claim of partial constructive eviction does not seem well taken. Benny Richardson Pamela Summers February 24, 1994 Page 15 ISSUE 35 Whether the Removal Permit Agreement impacted on the serious housing crisis in the city? RESPONSE TO ISSUE 35 This issue is not properly a subject of this proceeding. ISSUE 36 Whether the removal of 42 units of single family dwelling units would have a serious disruptive consequences for persons in need of protection and the supply of affordable housing in the city? RESPONSE TO ISSUE 36 This issue is not properly a subject of this proceeding. ISSOE 37 Whether the project implementation on the site be suspended or terminated pursuant to established law? RESPONSE TO ISSUE 37 The City does not believe there is any requirement which would mandate that the project implementation on the site be suspended or terminated. ISSUE 38 Whether the Civic Center Trailer Park be returned to a mobilehome park pursuant to established law? RESPONSE TO ISSUE 39 This issue is not properly a subject of this proceeding. ISSUE 39 Whether another mobilehome park should be created on a contiguous site? RESPONSE TO ISSUE 39 This issue is not properly a subject of this proceeding. Benny Richardson Pamela Summers February 24, 1994 page 16 ISSUE 40 Whether any of the above described issues constitutes a regulatory and/or possessory taking in violation of the 5th and 14th Amendment? RESPONSE TO ISSUE 40 This issue is not properly a subject of this proceeding. ISSUE 41 Whether any of the above described issues deprived, or is a threat to deprive, us of our rights under the 5th and 14th Amendment to the federal constitution, the laws of the state of California, and whether any of the above constitutes unlawful or criminal conduct by the city or others? RESPONSE TO ISSUE 41 This issue is not properly a subJect of this proceeding. ISSUE 42 Whether funding for the 502 Colorado Avenue site was included in the original LACTC funding approved in 1991? RESPONSE TO ISSUE 42 This issue is not properly a subject of this proceeding. ISSOE 43 Whether the city improperly used $1,000,000.00 of transportation trust funds to purchase the property at 502 Colorado Avenue? RESPONSE TO ISSUE 43 This issue is not properly a subject of this proceeding. Based on the above-discussed factual and legal analysis and explanation, I believe that the efforts that the city has undertaken to relocate you have been in compliance with applicable state and local law. I further find that the relocation assistance package that has been offered you to be in conformity with the City'S legal obligations. Benny Richardson Pamela Summers February 24, 1994 Page 17 You have the right to seek further review of your claim by requesting a formal hearing before the City Councilor its designee within forty five (45) days of the date of this decision. To obtain a formal hearing before the City councilor its designee, you must request such a hearing in writing with the City Manager. You may include in the request, any statement of facts within your knowledge or belief or other material which may have a bearing on the appeal. The hearing will be scheduled within forty five (45) days from the rec~'Pt of your hearing request. (J 111. ~ A Dated: February 24, 1994 I'l~~ .)f:FF MATHIEU Director of Resource Management Enclosure ATTACHMENT B LAW OFFICES HEDGES M CALDWELL A PROFHSJO"^L CORPORATION BE~NA~O ,JOHN BA~~ETT. ,JR CHRISTOPHE'" G CA'-OWEL.'- GEORGE ~ HEDGES I"IIANCv C KIA!AyBILL MICHAEl.. ~ '-ESUE MA~Y NEWCOMBE OAVIO pETTIT 606 SOUTH OLIVE STREET, SUITE 500 LOS ANGELES. CALifORNIA 90014-1507 TELEPHONE (213) 629.9040 TElECOPIER (213) 629-9022 FlA'-PH 1-1 NUTTER 0"- CouNSI!.L Hedges & Caldwell, an eight-lawyer firm In downtown Los Angeles, specializes In complex htlgation. We offer our clients sophisticated, creative and vigorous representation, combining the skills of a large firm With the responsiveness of a small firm In addition to Wide experience in commercial litigation, we offer particular expertise In areas as diverse as environmental law, intellectual property and entertainment law, municipal and land use law, white collar crimInal law, constitutional law, and banking, Insurance and Insolvency litigation. Our lawyers are experienced negotiators and trial lawyers, and have handled cases In state and federal trial and appellate courts In California and elsewhere We strive to meet our chents' goals and to manage senSibly the costs of litigation by uSing efficient staffing, small teams, and early planning. Our profeSSional standards are the highest. Our lawyers graduated at or near the top of their law school classes, and most served as law clerks in federal trial or appellate courts. Our chents Include Fortune 500 companies; small closely-held bUSinesses, major StUdiOS, artists and production companies, cities, counties and state and local agencies, and IndIViduals and community groups Major cases recently handled by Hedges & Caldwell include: o Representation of a California city in an environmental lawsuit brought against a major oil refinery After obtaining and analyzing millions of pages of documents from the refinery, our firm negotiated an unprecedented seven year consent decree that requires the refinery to submit safety and environmental Issues to supervIsion by an independent Court- appointed monitor at the refinery's expense. The settlement also reqUires the refmery to phase out the use of a highly tOXIC chemical by 1995. o Representation of clients in complex litigation involVing the apportionment of cleanup and response costs resulting from environmental contamination. o Representation of several State AgenCIes In complex environmental litigation brought in both federal and state court ansing out of the Huntington Beach Oil Spill. o Representation of chents In obtaining Insurance coverage for environmental claims. o Representation of a California city In a RICO action brought against an Insurance company which issued municipal liability policies to local governments throughout California. Our lawyers obtained a multi-million dollar settlement after the insurer had been taken over by state regulators. o Representation of a sittIng United States District Court judge in litigation against the Adminlstratwe Office of the United States Courts. Our work resulted In a precedent-settIng deCision from the Ninth CirCUit Court of Appeals In our client's favor. o Representation of a major motion picture studio in an international copynght infnngement action concerning the unlawful dlstnbutlon of the studio's films In Europe Our firm negotiated a comprehensive consent judgment wrth wide enforcement powers vested in a special master. o Representation of defrauded Investors In a fraud and RICO action against the promoters, finanCiers and attorneys for a failed reSidential hOUSing development In Northern California Our lawyers tried thIS case to a multi-million dollar verdict, resulting In complete recovery for our Sixty-two clients o Representation of a California bank In parallel litigation brought In United States and Taiwan courts resulting In enforceable iudgments of $1.8 million in favor of our client o Representation of a California mUnicipality In several parallel actions to recover more than $6 million lost through the fraudulent activitIes of the city's former Investment adVIsor. o Defense of a State agency In a multi-million dollar lawsuit Involving a fire at a State facility o Representation of several local governments In drafting a successful amicus brief in a major Unrted States Supreme Court land use case interpreting the scope of the "takings" clause of the Fifth Amendment - 2 - o Investigation and litigation of a case involVing the disappearance of hundreds of thousands of dollars worth of gold and diamonds from an internatJonal jewelry dealer. The case involved parallel proceedings in state court and before the American Arbitration AsSOCiation, and ultimately was settled In our client's favor. o Representation of the former president of a failed mortgage lender In concurrent civil and criminal proceedings. We have represented our client in a federal grand jury Investigation, SEe enforcement investigation, three state court civil actions, and a civil adversary action in the bankruptcy court. o Defense of a mSjor television network In a copyright infringement action regarding ownership of a movie broadcast by the network The case was resolved before tnal when the Court entered summary Judgment In our chent's favor. o Representation of one of the firm's financial institution chents In a breach of contract and defamation case flied by a former employee. When we came to the cllenfs assistance, the case was SIX weeks Into trial. We immediately filed motions seeking to dismiss the plaintiffs claims Before the motions were heard by the Court, the plaintiff accepted our chenfs settlement offer. Our subsequent interviews with the jurors suggested that the settlement saved our client millions of dollars. Later, we aSSisted our client in recovering suffiCient funds from Its Insurers to cover both the cost of the settlement and attorney's fees. Not all of our cases prove to be newsworthy Much of our work arises from the day-to-day operations of our varied clients What IS common to all of our work IS our dedIcation to excellence In the representation of each client We are committed to uSIng all of our Skills, energy and Ingenuity to assist our chents In obtaining their goals In the most cost-effective manner - 3 - AlTORNEY RESUMES Christopher G. Caldwell Born, Kansas City, Missouri, 1957 B.A University of Kansas, 1979 (with highest distinction and honors), Phi Beta Kappa J.D. Harvard Law School, 1982 (Cum Laude) Member, Board of Student Advisers; Teaching Assistant, Federal Litigation Law Clerk to Honorable A Wallace Tashima, U.S. District Court, Central District of California, 1982-1983 Member, 1982, California State Bar and U.S. District Court, Central District of California; 1984, U.S. Court of Appeals, Sixth Circuit; 1985, U.S Court of Appeals, Tenth CircUit; 1986, U.S. Court of Appeals, First Circuit; 1987, U.S. District Court, Western District of Texas; 1988, U.S. Courts of Appeals, Fifth and Ninth CirCUits, and US District Court, Southern District of California; 1989, U.S. District Court, Eastern District of California; 1990, U.S. Supreme Court Trial Attorney, U.S. Department of JustIce, Criminal Division, Public Integrity Section, 1983-1986 Editor, ABA Complex Crimes Journal, 1993 Member, California Attorneys for Cnmlnal Justice George R. Hedges Born, PhIladelphia, PennsylvanJa, 1952 B.A University of Pennsylvania, 1974 M.A. University of Pennsylvania, 1975 J D University of Southern Calrfornia, 1978 Member, Southern California Law Review Law Clerk to Honorable Lawrence T Lydick, U.S Dlstnct Court, Central District of California, 1978-1979 Member, 1978, Calrfornla State Bar and US. District Court, Central District of California; 1980, U.S Court of Appeals, Ninth Circuit and U.S. Dlstnct Court, Southern District of California, 1990, U.S. District Court, Eastern District of California; 1993, US. Supreme Court Member, Board of Advisors, Los Angeles Center for Photographic StudIes, 1981-1985 Member, Board of Trustees, PacifiC Oaks College, 1986-1987 Member, Board of Directors, Mental Health Advocacy Services, 1982-present Director, The Ubar fTransarabia Expedition, 1986-present Member, Association of Business Trial Lawyers Jack Barrett Born, Butler, Pennsylvania, 1953 B.A, Dartmouth College, 1975 J.D., Columbia University School of Law, 1978 Law Clerk to the Honorable Gus J. Solomon, U.S. District Court, District of Oregon, 1978-1979 Law Clerk to the Honorable Nathaniel R. Jones, U.S. Court of Appeals for the Sixth Circuit, 1979 Member, 1980. District of Columbia Bar; 1982. U.S. Distnct Court, District of Columbia, U.S. Court of Appeals for D.C. CirCUit; 1993, California State Bar, U.S. District Court, Central District of California, U.S. Court of Appeals for Ninth Circuit Associate Independent Counsel, Office of Independent Counsel James C. McKay (In the Matter of Edwin Meese III), 1987-1989 Assistant Chief Utigatlon Counsel, Division of Enforcement, Secuntles and Exchange Commission, Washington, D.C., 1982-1987 Ralph H. Nutter Born, Norwood, Massachusetts, 1920 A B., Harvard UniVersity, 1948 LL.B., Harvard Law School, 1948 Law Clerk to the U.S Dlstnct Court for the Eastern Dlstnct of New York, 1948 Member, 1948, Massachusetts State Bar (inactive); 1949, California State Bar, U.S. Court of Appeals for the Ninth CirCUit; U.S. Supreme Court; U S Dlstnct Court for the Central Dlstnct of California Retired Superior Court Judge on Assignment, Los Angeles Supenor Court, 1992-1993 Justice Pro Tern, California Court of Appeal, 1968 Judge, Los Angeles Superior Court, 1961-1969; PreSiding Judge of the Law Department, 1967 Judge, Los Angeles Municipal Court, 1959-1961 Attorney and Hearing Officer, National Labor Relations Board, 1948-1951 Contributing Author, California Trial ObjectIOns (2d ed.), C.E.B 1984 Author of published articles on Civil writs, receivers, injunctions, cnmlnal and Juvenile law Fellow, Amencan College of Trial Lawyers Adjunct Professor of Law for 10 years teaching corporation law and Civil procedure, Southwestern Law School, Beverly Law School, Whittier Law School Former Lecturer, Law and Psychiatry at U.S.C School of Law and MediCine Member, Los Angeles County Bar Assocation Former Member, California Law ReVISion Commission on Arbitration < Former Chairman, Los Angeles County Bar Committee on HOUSIng Former Member, Los Angeles County Bar Committee on No Fault Insurance Former Chairman, Los Angeles County Urban Coalition, Legal Section .. Nancy C. Krayblll Born, Dallas, Texas, 1954 A.B. Princeton University, 1976 M.A. University of Delaware, 1983 J.D. University of California at Los Angeles, 1986 Distinguished Advocate, Moot Court Honors Program; Teaching Assistant, UCLA Communications Department Law Clerk to Honorable David V. Kenyon, U.S. District Court, Central Distnct of California, 1986.1988 Member, 1986. California State Bar and US. District Court, Central District of California; 1990, U.S. Court of Appeals. NInth Circuit and U.S. Distnct Court, Eastern District of California; 1993, U.S. Supreme Court Member. Board of Directors, Harriett Buhai Center for Family Law. 1991-present Member, Women Lawyers of Los Angeles Member, Lawyers for Human Rights Michael R. Leslie Born, Erie, Pennsylvania, 1957 B.A Dartmouth College, 1980 (Summa Cum Laude) Phi Beta Kappa, Rufus Choate Scholar J.D. Stanford Law School, 1985 Managing Editor, Environmental Law Society, Project Editor and Co-Author, Land Use Regulation; Edrtor, W"z/demess Preservation; Mune Award In Environmental Law, R. Hunter Summers Award for Excellence in Trial Advocacy; Law Clerk to Honorable A Wallace Tashima, U.S. District Court, Central District of California, 1985-1986 Member, 1986, California State Bar and U.S. Dlstnct Court, Central District of California; 1987, U.S. Court of Appeals, Ninth CirCUit; 1993, US District Court, Eastern Dlstnct of California Member, Los Angeles County Bar AsSOCiation, American Bar Association Mary Newcombe Born, Chapel Hill, North Carolina, 1955 B.A. University of North Carolina, Chapel HIli, 1976 J. D. Universrty of California at Los Angeles, 1984 Order of the Coif Member, UCLA Law Review Law Clerk to Honorable Stephanie K. Seymour, U.S. Court of Appeals, Tenth Circuit, 1984.1985 Member, 1985, California State Bar, U.S. District Court, Central District of California; U.S. Courts of Appeals, Ninth and Tenth Circuits; 1992, U.S. Supreme Court; 1993, U.S. District Court, Western District of Washington Volunteer Attorney, ACLU Foundation of Southern California; Lambda Legal Defense and Education Fund ReCipient, Steve Kelber Courageous Advocate Award, ACLU Foundation of Southern California, 1991 Recipient, Kenny Award, National Lawyers Guild, 1993 David R. Pettit Born, Santa MOnica, California, 1950 B.A. University of California at Los Angeles, 1972 J.D. University of California at Los Angeles, 1975 Member, 1975, California State Bar and U.S District Court, Central District of California; 1979, U.S. Court of Appeals for the Ninth Circuit and u.s. Court of Claims; 1985 U.S. District Court, Southern District of California; 1990, U.S. District Court, Eastern District of California; 1991, U.S. Supreme Court Lecturer, UCLA School of Law, 1976-1979 Judge Pro Tern, Los Angeles County Superior Court, 1989-1993, Los Angeles MUnicipal Court, 1983, 1984, 1988 Faculty, National Institute of Trial Advocacy Training, 1990 Trainer, Legal Services Corporation New Lawyer Training, 1977-1978 panelist, California Continuing Education of the Bar, Representing Residential landlords and Tenants, 1979, 1982 Member, Board of Directors, San Fernando Valley Neighborhood Legal Services, Inc., 1989-present Member, Board of Directors, Community Corporation of Santa MOnica, 1991-present