February 28, 2008

Elena Baskin Live Oak Senior Center


COMMISSIONERS PRESENT:                               Jean Brocklebank, 1ST District

Henry Cleveland, 2ND District

Mary Crowther, 4th District

Rick Halterman, 5TH District

Mary L. Hanley, 3rd District

Carol Lerno, GSMOL Representative

Bonnie Lund, WMHA Representative


COMMISSIONERS ABSENT:                  None



BOARD OF SUPERVISORS                            Janet K. Beautz



COUNTY COUNSEL:                                       Marie Costa


SECRETARY:                                                                  Lee Ann Shenkman


GUESTS:                                                         None




Chair Carol Lerno called the meeting to order at 9:30 a.m.  There were 12 members of the public in the audience.  The minutes of the January 24, 2008, meeting were reviewed and upon motion by Commissioner Brocklebank, seconded by Commissioner Cleveland, the January 24, 2008, minutes were approved. 


Commissioner Cleveland added Item E to the agenda for a discussion regarding the Solutions Summit.

II.         BUSINESS


A.         Commissioner Reports

Commissioner Cleveland informed the Commission that there was an article by Patrick Dwire and Chris J. Magyar about Pacific Mobilehome Park, “This Land is Your Land, This Land is My Land” on Valentine’s Day in the Good Times, regarding sham conversions and Proposition 98.  The article can be obtained on the Good Times website, www.GTweekly.com.    

Commissioner Halterman discussed the following four items: (1) a portion of the lawsuit brought by the owners of Surf and Sand was dismissed by the Federal court because it was time- barred, and the sham conversion issue was also dismissed because the owners did not conduct a survey; the owners have 21 days to amend their complaint, and only if they have a good faith reason; the park owners can file in state court;  (2) a new eminent domain initiative (#1331) is circulating which seems to deal strictly with eminent domain; (3) it appears that the Democratic Women’s Club will be endorsing Proposition 99; and, (4) the Democratic Women’s Club is willing to have their April meeting hosted by and held at a mobilehome park if one is available.   

Commissioner Brocklebank reminded the Commission that the Blue & Gold Mobilehome Park residents are having a meeting tonight with Will Constantine, Supervisor Jan Beautz, and Commissioner Brocklebank.  The topics of discussion will include Propositions 98 and 99, and any questions the residents may have on the rent control ordinance and sham conversions.  Commissioner Brocklebank informed the Commission that Mr. Constantine is willing to go to mobilehome parks and conduct this same presentation on Propositions 98 and 99 for educational purposes.

Supervisor Jan Beautz informed the Commission that a lawsuit was filed by the Eminent Domain Reform Now Coalition in Sacramento County in Superior Court asking the judge to change the title of Proposition 98 (which will appear on the June 3rd ballot) to include mention of the measure’s rent control provisions.   The Coalition believes that challenging the inaccuracy of the official title is imperative because the title is what many voters read first; the voters should be informed upfront that Measure 98 abolishes rent control.  The official title of the measure prepared by the California Attorney General’s Office only mentions the eminent domain provisions and excludes any mention of eliminating rent control.  The position of the Coalition is that the official title of an initiative is supposed to summarize the principal provisions of a measure.  The lawsuit also contends that the principal provisions of Proposition 98 would interfere with local land use and environmental laws and regulations and should also be included in the title and summary.  There is no mention either in title or summary of these critical provisions.  The hearing on this lawsuit is set for March 7, 2008, in Sacramento County, Superior Court.    


B.         Legislation

Jerry Bowles informed the Commission that the League of California Cities and GSMOL and other organizations are working on an article regarding Propositions 98 and 99.  Mr. Bowles also distributed a list of bills which is updated every two weeks on the Senate Select Committee’s website, http://www.sen.ca.gov/mobilehome.  The hearing of SB 900 was cancelled at the request of the bill’s author.  This cancellation will provide extra time to possibly obtain enough votes to pass this bill out of committee. 

SB 1107 is a new bill for this year, and it will not be heard until March.  Other new bills for this year include SB1122, SB1226, SB1234, and SB1452.  The earliest these bills can be heard is March 11th for SB 1122; the other bills can be heard after March 16th.  All of these bills can be found on the Senate Select Committee website.   Bills that have died include AB217, AB285, and AB1309.    No date has been set for hearing AB567.  AB2050 can be heard after March 21st; AB952 is inactive and has too much opposition.


C.         County Counsel Report

County Counsel provided a status report to the Commission regarding Alimur Mobilehome Park.  No trial date has been set; the parties are in the discovery stage of the litigation.


D.                 Mobilehome Commission Website Update

Commissioner Cleveland prepared a draft press release regarding the existence of the Mobilehome Commission’s website.  Commissioner Lund made a motion that the Commission give County Counsel the authority to change the language of the press release where appropriate and issue the press release; seconded by Commissioner Crowther; approved.  Commissioner Brocklebank requested that the press release be sent to KUSP.

Commissioner Cleveland made a motion that the Mobilehome Commission meeting time and location be added to the “Meetings” page on the website; Commissioner Crowther seconded; approved.


E.                  Solutions Summit 2008 (add on)

On March 19th there will be a panel discussion regarding challenges to the communities of seniors and adults with disabilities.  The Area Agency on Aging Advisory Council is convening this summit to strategize how to work in collaboration to resolve some of these challenges.  Commissioners Crowther and Lerno may attend, and if so, they will report back to the Mobilehome Commission.





A resident from El Rio Mobilehome Park was provided information by the Commission as to whom to contact regarding property line issues in the park, including a recommendation that he contact the Housing and Community Development (HCD) Ombudsman at 800-952-5275.  The HCD deals with lot line issues in mobilehome parks, and the Ombudsman deals with most parks, including resident owned parks.  The resident was informed that Title 25 of the CA Code of Regulations, section 1000, applies to mobilehome parks throughout the state, and section 1105 refers to lot line changes.  

A resident of Blue Pacific Mobilehome Park informed the Commission that his park’s (a) rent adjustment hearing will occur on March 13th, and (b) mediation for the park’s lawsuit may be delayed.  



The meeting was adjourned at 10:35 A.M.  The next meeting will be March 27, 2008.


Respectfully submitted,



                                                            Lee Ann Shenkman, Staff Secretary to the

Mobilehome Commission