June 26, 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



BOARD OF SUPERVISORS                            David Reetz, County Supervisor’s Analyst



COUNTY COUNSEL:                                       Not Present


SECRETARY:                                                                  Lee Ann Shenkman


LEGISLATIVE REPORT:                                  Jerry Bowles




Chair Carol Lerno called the meeting to order at 9:30 A.M.  There were 9 members of the public in the audience.  The minutes of the May 22, 2008, meeting were reviewed and upon motion by Commissioner ­Crowther seconded by Commissioner Cleveland, the May 22, 2008, minutes were approved. 


No additions or deletions.

II.         BUSINESS


A.         Commissioner Reports


Commissioner Halterman informed the Commission that the backers of Proposition 98 will pursue the issues legislatively since the Proposition lost in the June election.  On another issue, residents at Cabrillo Mobilehome Park in Capitola were successful in seeking rent reduction from the Capitola City Council and won the resulting suit brought by the park owners. 

Commissioner Crowther will report back next month on whether or not the City of Watsonville has an ordinance similar to the Santa Cruz County ordinance which addresses the process required for mobilehome park “sham” conversions.  Commissioner Crowther also





reported that a representative from Community Emergency Response Team (CERTS) attended the Homeowner’s Association meeting at Monterey Vista Mobile Estates.  CERTS (www.certs.org) educates teams in neighborhoods on how to respond to emergencies. 


 Commissioner Brocklebank reported that the appeal regarding a rent issue in Yacht Harbor Manor has not yet been resolved.


B.         Legislative Report 


Jerry Bowles updated the Commission regarding the following bills:


 SB 900 (Corbett) is dead; author withdrew it because this bill did not have the necessary support and anticipated it would not be signed by the governor;


SB 127 (Kuehl); resale disclosure; on Assembly floor for 3rd reading today;


SB 541 (Alquist); income requirements for residency is in an inactive file and may not be brought back out because there was not much support for it;


SB 1107 (Correa); disabled accommodations is on the 3rd reading today on the Assembly floor;


SB 1122 (Correa); mobilehome park inspection program is in Assembly Appropriations Committee but because of the funding and budget shortfall it may not make it through this year;


            SB 1386 (Lowenthal); carbon monoxide warning devices is in Assembly Appropriations Committee; no date for a hearing is set at this time;


SB 1498 (Committee on the Judiciary); omnibus judiciary maintenance of the codes is on the consent agenda for today; it passed the Senate Floor and Judiciary Committee;


AB 567 (Saldana); common interest development is in the Senate Judiciary Committee; it is a controversial bill;


AB 822 (Levine); recycling for multiple residential facilities is on its 3rd reading today;


AB 952 (Mullin); common interest development assessments; this bill will not be pushed by the author and will probably die on the Senate floor;


AB 1111 (DeSauliner); senior mobilehome parks is on its third reading today;


AB 2554 (Mullin); mobilehome parks act – inspections is on its 3rd reading today in the Senate and looks like it will be signed; 


AB 2586 (Torrico); notice of utility transmission and notice to quit on property foreclosure has no hearing date set;


AB 2733 (Brownley); real property resale disclosure is on its second reading in the Senate today;


AB 2806 (Karnette); common interest developments – board education requirements is in the Senate judiciary;


AB 2857 (Lieber); mobilehome park master metered parks – CARE program is in the Senate Appropriations committee.


Today is the last day for legislative measures in the Assembly and Senate to qualify for the November 4, 2008, general election.  The last day for the Policy Committees to meet the report on bills is June 27, 2008.  If a bill does not make it out of committee by tomorrow, it will be dead for the season.  Summer recess is July 3 through August 4, 2008; then the legislators will return, and the end of the session is August 31, 2008.  At that time, the governor has 30 days to sign the bills. 



C.                 Election of Chair and Vice Chair


Each June, elections are held for Chair and Vice Chair of the Mobilehome Commission.  The terms are for one year.


By a majority vote, Henry Cleveland was elected the Chair of the Mobilehome Commission and Rick Halterman was elected Vice Chair of the Mobilehome Commission, effective July 1, 2008.   



D.                 Discussion Of:  (A) Park Owners’ July 1, 2008, Last Day To Submit Data And Supporting Documents On Reasonable Rate Of Return On Capital Improvements, And (B) Date Of July Public Hearing On Reasonable Rate Of Return In Accordance With Santa Cruz County Code Section 13.32.092


The public hearing on the reasonable rate of return is held annually at the Commission’s July meeting, which this year is on July 24, 2008.  The June Mobilehome Commission agenda was mailed to park owners to remind them of the public hearing next month and the July 1 deadline date to submit information regarding reasonable rate of return.



E.         County Counsel Report


County Counsel provided the Commissioners with a “Summary of Procedures for Motions & Meeting Rules.”                        



            No Correspondence. 




            A resident of Blue Pacific reported that they have been in mediation with the park owner for failure to maintain.  They have had meetings with the mediator, and now the park owner has offered to sell the park to the residents in exchange for dropping the lawsuit.  The park residents are now in the process of purchasing the park.  Suggestions were made by Commissioners that residents look into MPROP money and contacting the redevelopment agency or planning department to see if there is money available to help the residents purchase the park.   


            A resident from Pacific Cove Mobilehome Park in Capitola reported that the park residents are requesting that the City of Capitola sell the park to the residents.  The residents are in the process of collecting signatures and a community support petition.  The City of Capitola plans to remove the coaches from the lower portion of the park in order to create a parking lot. 





            A resident from Smithwoods Mobilehome Park reported that the residents are attempting to resolve several issues with the owners of this park.  Terry Hancock is involved in resolving these issues.      


            Two residents from El Rio Mobilehome Park reported several issues regarding lot line movement.  The Department of Housing and Community Development has visited the park and reported on the issues. Mobilehome Commissioners informed the residents that Articles 1-8 of the Mobilehome Residence Law do not apply to this park, however Article 9 does apply to this park.  The CC&R’s of this park are not recorded and therefore it is not covered by the Davis Sterling Act.    





The meeting was adjourned at 10:50 A.M.  The next meeting will be July 24, 2008, at 9:30 AM.


Respectfully submitted,




                                                            Lee Ann Shenkman, Staff Secretary to the

Mobilehome Commission