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Regular City Council Meeting Monday, March 09, 2009 Page 11 Norm Jones, Attorney for owner Mr. Jones opined that there were at least three issues occurring between the owner and residents: 1) legal and factual issues surrounding non-compliance; 2) substantial rent increases between former and current ownership of the building; and 3) complaints about management and construction. Mr. Jones concurred that there needed to be better communication between ten- ants and the owner, without necessarily going through the management company, and that those conversations should address operational and management issues specifically. Mr. Jones opined that comments needed to be restricted tonight to non- compliance issues; and reviewed the history of the issue; previous allegations of Mr. Cann and the owner's response to those concerns; and the error identified in October of 2008, and subsequent remedies made by the developer in addressing those issues, for which Mr. Jones took full responsibility based on information provided to him through various sources and their interpretations. Mr. Jones opined that the purpose of the penalty as addressed in State Statute, was to ensure compliance, which had already been achieved; and noted immediate re- calculation by the owner of rents as calculated by a third-party advisory; and the compensation paid by the owner to those affected property owners over and above that indicated; and operational changes made in accordance. Mr. Jones referenced his letter and his interpretation of compliance; and assured Councilmembers that the owner was motivated to ensure that this situation did not reoccur. Councilmember Pust reviewed the owner's original response to Mr. Cann's 20 is- sues. Mr. Jones reiterated that the client had responded to each point; and initially to this non-compliance issue, until further interpretation and advice was sought and received. Discussion between Councilmember Pust and Mr. Jones included the other pro- jects in which this developer is involved and their experience with this Statute. Further discussion among Councilmembers and staff included clarifying the num- ber of units and number of months in non-compliance; tabulation of each unit and staff's interpretation of that data, and the request of Councilmembers for this in- formation to be provided to them by staff;