This statement about public records request 16-2124 includes copies of a chain of requests made thus far in 2016 from the Linda Vista Village of San Diego Home Owners Association (HOA). The requests are for records of dialogue between the City of San Diego Real Estate Assets Department (READ) and the leaseholder of Linda Vista Village Mobilehome Park (LVV) about the LVV Rules and Regulations and most recently parking and land status discussions.
1. The first request was part of a large submittal to the city of San Diego READ and City Attorney, in February over a week of time. That public records request was included in three large packets of documents, over 40 pages long, that reminded the city to fulfill its responsibilities to review our Rules and Regulations and insist that they be reasonable and legal before approving them. The HOA requested that all subsequent correspondence between the LVV leaseholder and the City regarding those rules and regulations be copied to the HOA.
The following are subsequent reminders of that first request. The HOA also added to the scope of the request to include discussions of the status of the City land in September. (Note: Only after we requested assistance, from our Council member's office, were we provided with the only two documents we have received.)
The following is the trail of requests since the initial request in February 2016, of our efforts to receive records of dialogue and correspondence.
2. April 18 2016 email from K. Stewart to HOA Board members:
R&R Update: I called READ Friday and Heide Farst informed me that the City Attorney has sent a letter to Inspire. I asked for a copy and pointed out that if READ forces us to make a formal public records request that we will be granted access but it will be almost a month from now, , and time is of the essence. She said she would
ask her supervisor. I will call tomorrow if she fails to respond today.
3. April 21 2016 email from Kay Stewart to HOA Board members:
Last Friday the 15th I called Heide Farst, the staffer in READ assigned to the LVV lease, if anything had come from the City Attorney’s office.
She told me that the City Attorney had sent a letter to Inspire a few days before.
She didn’t say that the HOA had been copied.
So I said the HOA wants to see that correspondence, and I hoped that READ would provide it without our having to make another formal Public Records Request. That would just delay the inevitable, which is that we would be granted access, but it would take weeks and we need to know as soon as possible what is happening, because no-one knows what rules to follow. She said she would ask her supervisor if we could receive a copy and she would know by Wednesday yesterday
I called her today because she missed her offer of a reply.
I’ll do it again tomorrow.
Darn it all!
4. April 28 2016 reply from Heide Farst to HOA member Kay Stewart:
In response to your request, attached is the City’s written response to Linda Vista Village Mobile Home Park regarding the proposed rules and regulations for Linda Vista Village Mobile Home Park. By providing you with this document, the City is in compliance with the 10-day public record’s notice period.
Heide E. Farst, CSM Property Agent City of San Diego
Real Estate Assets Department 1200 Third Avenue
Suite 1700 – MS51 San Diego, CA 92101
T (619) 236-6727 F (619) 236-6706
5. From: Kay [mailto:firstname.lastname@example.org]
Sent: Monday, May 30, 2016 7:31 PM
To: Farst, Heide <HFarst@sandiego.gov>
Subject: Information request
Dear Ms. Farst,
On April 25 you provided me with a copy the City's April 15 letter from your office to the leaseholder of Linda Vista Village Mobile Home Park (variously identified as Inspire Communities,Tecolote Investors, Follette Investors, and Cal-West Diversified).
The letter from the City READ to the leaseholder noted ten issues in the amended Rules and Regulations that needed attention, and also advised the leaseholder that the City might have additional concerns. The letter stated that READ expected a prompt response.
A month has passed, and we have received no further correspondence from READ. Our residents are living in a state of limbo without clear Rules & Regulations. Please advise us of the status of your communications with the leaseholders and provide copies of any and all such communications.
We appreciate your continued courtesies and assistance in this matter.
Kay Stewart (as Chairman of Rules & Regulations Committee) Linda Vista Village San Diego Home Owners Association c/o 2750 Wheatstone Street Space # 104, San Diego CA 92111
cc: members of the Board of Directors of LVVSDHOA
6. July 7 email from our city council member's aide, Sheldon Zemen, who I had called and asked him to again intervene to make READ send us any dialogue between City and leaseholder per our standing public records request:
Please see response below from Heide Farst, property agent for City of San Diego Real Estate Assets Department.
I spoke with the Park Manager and she stated their attorney will be sending out their reply to City’s April 15, 2016 letter either today or tomorrow. I will let you know once we receive it.
With regards to the rules and regulations, their attorney is still fine tuning the document. Once the City provided the Lessee with a copy of the Conditional Use Permit, parking is being addressed. This also entails changing rules and regulations with respect to parking, permits, locations of additional spaces, towing, etc. This may take a bit longer to complete, but their attorney is working on it. Thank you.
Heide E. Farst, CSM Property Agent
We received a letter drafted by the leaseholder's attorney on July 12, and we responded to the content of that letter immediately.
7. September 7 2016 email to READ from HOA w/ expanded request:
Dear Ms. Farst,
The Linda Vista Village of San Diego Home Owners Association (LVVSDHOA), which has been legally recognized as the representative of the home owners of manufactured homes in Linda Vista Village Mobilehome Park (LVV), has been advised that Matthew Follette, who is the principal partner in the corporation that the City of San Diego assigned in the mid-1990's as leaseholder for Linda Vista Village, has been negotiating with the City on matters to do with the status of the property, parking on the property, and other issues that affect the well-being of the homeowners in LVV. We invoke the state of California Public Records Act for the City to provide us copies of transcripts or other written records of telephone conversations, minutes or transcripts of meetings, and correspondence by postal mail or email, on these topics between the two parties and/or their delegated representatives.
This Public Records Request is in addition to our prior standing Public Records Request for any form of communication between these two parties that relates to the Rules and Regulations which the leaseholder issued in August 2015, which have yet to be amended and approved by the City, and which in their current form fail to meet the requirements in the lease to be reasonable and not contradict any other laws that apply to the homeowners and residents of LVV.
The City collects roughly $250,000 from the over $2.5M per year space rents that the homeowners in LVV pay. This assessment goes into the City general fund. The homeowners in LVV also collectively own 220 homes with a combined value far in excess of $12M. In addition to the fact that we are citizens of the City and are deserving of fair and just treatment under City law, we believe that our contribution to the City through this assessment, and our personal investments that are part of the good housing of the City, should matter to the parties on whom we rely for fair treatment in LVV.
We await your reply.
Kay Stewart, member-at-large for LVVSDHOA 2750 Wheatstone Street # 102 San Diego CA 92111-5451