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Timothy D. Cremin
[email protected]
A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN DIEGO May 30, 2024
VIA ELECTRONIC MAIL AND US MAIL
Andrew Espinoza Jr.
Interim City Manager
City of Barstow
220 East Mountain View St., Suite A
Barstow, CA 92311
Email: [email protected]
Re: Application for Closure of Midway Mobilehome Park 24644 Main Street, Barstow
Dear Mr. Espinoza:
This letter constitutes the Application of BNSF Railway Company (BNSF) to formally close and terminate the use of the Midway Mobilehome Park located at 24644 Main Street, Barstow (MHP or Property). The site was vacant with no tenants, occupants or mobilehomes at the time BNSF acquired the Property in November 2023, has remained vacant since, and is currently vacant. BNSF has reviewed the City Code and understands that there is no City application for, nor local ordinances or regulations governing, the closure of mobilehome parks. Therefore, BNSF will submit the closure materials required under the California Mobilehome Residency Law (Civil Code section 798, et seq) and referenced Government Code provisions (collectively, State Law).
This Application sets forth the materials BNSF will submit to the City to obtain approval by the City Council of the MHP closure in accordance with State Law. It also sets forth why notice to affected residents and mobilehome owners of the mobilehome park (collectively, Residents) under State Law of the proposed closure is not required, because there are currently no Residents located on the Property. BNSF will submit the information required for the City approval of the MHP closure under State Law in early June. Therefore, BNSF requests that the City schedule the MHP closure for consideration by the City Council at its first meeting in July (July 1st).
The Property is not required, and will not be used, for the Barstow International Gateway Project (BIG) which is currently being processed by the City. The Property is located outside the boundaries of the proposed Specific Plan area for BIG and is not needed for any off-site improvements relating to BIG. For these reasons, BNSF is pursuing the MHP Closure separately and independently from BIG.
Andrew Espinoza Jr., Interim City Manager
Application for Closure of Midway Mobilehome Park 24644 Main Street, Barstow May 30, 2024
5733756.5 A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN DIEGO Notice of MHP Closure
The City is required under State Law to inform BNSF of the notice requirements of Civil Code section 798.56 and any local law at least 30 days prior to the City Council’s consideration of the MHP closure. (Government Code section 65863.8(a).) The City must verify BNSF has provided such required notice before the City Council’s consideration of the closure. (Id.) The City Code contains no applicable requirements for providing notice to Residents related to mobilehome park closures. State law only requires notice be provided to Residents who own their mobilehomes.
Here, there are neither Residents nor mobilehomes located on the Property. In fact, the Property has been vacant with no Residents or mobilehomes since BNSF acquired the Property in November 2023. Therefore, no notices to Residents of the Property are required under local or State law. Based on foregoing facts, under these circumstances, we believe that BNSF is not required to provide notice of the MHP closure to Residents under State or local law.
MHP Closure Materials
BNSF will submit the following materials relating to the proposed MHP closure to the City in early June, in compliance with State Law:
1. Reason for MHP Closure and Cessation of Use
2. Summary of Legal Inapplicability of Notice Provisions and City Verification
3. Preliminary Information Relating to Statutory Finding (Govt. Code § 65863.7(e)(1)(B))
4. Preliminary information on CEQA exemptions applicable to MHP Closure
5. Explanation of Legal Inapplicability of Replacement and Relocation Plan for displaced mobilehome owners located on Property since there are no such tenants located on Property. (Govt. Code § 65863.7(a))
6. Explanation of Legal Inapplicability of Appraisal of mobilehomes owned by residents located on the Property since there are no such residents located on Property. (Govt.
Code § 65863.7(a))
In conclusion, we request that the City: (1) confirm receipt of this Application; (2) inform BNSF of the applicable notice requirements and verify no notice requirements apply for this Application for the reasons discussed herein; and (3) schedule the matter for hearing before the City Council on July 1st. We appreciate the City’s processing and consideration of this Application. Please let us know if you have any questions.
Sincerely,
Timothy D. Cremin
c Matthew Summers, City Attorney, Genesis Crank, Planning & Community Development Administrator