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HomeMy WebLinkAboutReso 2011-070RESOLUTION NO. 2011-070 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING ASSEMBLY BILL NO. 579 (MONNING) ALLOWING LOCAL GOVERNMENTS TO RECOVER ATTORNEYS' FEES AFTER SUCCESSFULLY DEFENDING LOCAL MANUFACTURED HOME RENT CONTROL ORDINANCES, AND RELATED MANUFACTURED HOMEOWNER PROTECTIONS, AND PROVIDING A SPECIAL MOTION TO DISMISS SUCH LAWSUITS WITH NO PROBABILITY OF SUCCESS WHEREAS, existing law permits a court to award attorneys' fees to a successful party in an action that has resulted in the enforcement of an important right affecting the public interest, but does not allow an award of attorneys' fees in favor of public entities, who successfully defend against lawsuits challenging an important right affecting the public interest, except in very limited circumstances; and WHEREAS, existing law requires the court to determine and award to a successful plaintiff in an inverse condemnation proceeding certain costs, disbursements, expenses, and fees as provided by law, but does not allow an award of attorneys' fees in favor of public entities who successfully defend against such proceedings; and WHEREAS, existing law permits a complainant to collect specified attorneys' fees in a civil action to appeal or review an administrative proceeding where the proceeding was the result of arbitrary or capricious actions or conduct by a public official or officer but does not allow an award of attorneys' fees in favor of public entities, who successfully defend against such litigation; and WHEREAS, manufactured home park owners' have utilized the above statutes to challenge local jurisdictions' adoption and enforcement of manufactured home rent control ordinances, and other related manufactured homeowners protections, with the admitted goal of forcing cash-strapped cities, who cannot afford the defense of such expensive litigation, into abandoning their manufactured homeowner protections even when there is almost no likelihood of the manufactured park owner prevailing in thaC litigation; and WHEREAS, since local jurisdictions currently cannot recover their attorneys' fees, under the above statutes, when they prevail against such lawsuits, they must divert limited funds from other crucial local programs and services to the defense of those lawsuits without the ability to recover those funds; and WHEREAS, these circumstances have caused local jurisdictions to abandon their manufactured homeowner protections because they cannot afford the costs of defending against multiple such lawsuits, even they have repeatedly prevailed against such lawsuits and when there is a high probability that they cannot recover their attomeys' fees when they prevail against these lawsuits; and Resolution No. 2011-070 Page 2 WHEREAS, AB 579 would permit the awazd of attorneys' fees and, in some cases, other litigation expenses, under the above statutes, to a local government entity in an action brought by the owner of a manufactured home pazk to challenge the validity or application of a local ordinance, rule, regulation or initiative measure that regulates space rent of a manufactured home pazk, is intended to benefit or protect residents in a manufactured home pazk or is an action that challenges the local government's application or enforcement of a state statute that is intended to benefit or protect residents in a manufactured home park, if the local government entity is determined to be the prevailing party; and WHEREAS, AB 579 would also subject a cause of action that challenges the validity or application of a local ordinance, rule, regulation or initiative measure that regulates the space rent of a manufactured home park, is intended to benefit or protect residents in a manufactured home park or is an action that challenges a local governrnent's application or enforcement of any state statute that is intended to benefit or protect residents in a manufactured home pazk, to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will reveal in the cause of action. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, supports AB 579 and requests that all members of the State Legislature approve and pass it, and that the Governor of the State of California sign it into law, as soon as possible so as to grant local jurisdictions with manufactured home rent stabilization ordinances, or who aze required to enforce state statutes protecting manufactured homeowners, a "level playing field" in the event of litigation, filed by manufactured park owners, challenging the local jurisdictions' enforcement of such laws in the courts of California and to discourage manufactured park home owners from filing and pursuing such litigation that has the purpose of forcing local jurisdictions to abandon the protection of manufactured homeowners because they cannot afford to defend against such lawsuits rather then the manufactured pazk owners having a probability of prevailing in those lawsuits. Presented by and Approved as to form by '' ~ ~ len R. oogins rney Resolution No. 2011-070 Page 3 PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista, California, this 19th day of April 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA l:~ Cheryl Cox, ay I, Donna R Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-070 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of April 2011. Executed this 19th day of Apri12011. Donna R. Noms, CMC, City Clerk