October 25, 2007

Elena Baskin Live Oak Senior Center


COMMISSIONERS PRESENT: Jean Brocklebank, 1ST District

Henry Cleveland, 2ND District

Mary L. Hanley, 3rd District

Mary Crowther, 4th District

Bonnie Lund, WMHA Representative

Rick Halterman, 5TH District

Carol Lerno, GSMOL Representative







SECRETARY: Lee Ann Shenkman


GUESTS: Jerry Bowles


Chair Carol Lerno called the meeting to order at 9:30 a.m. There were members of the public in the audience. The minutes of the September 27, 2007, meeting were reviewed and upon motion by Commissioner Crowther, seconded by Commissioner Hanley, the September 27, 2007, minutes were approved.


Commissioner Halterman made a motion to add to the agenda a discussion of two possible eminent domain initiatives in 2008, Commissioner Brocklebank seconded, motion carried. Commissioner Brocklebank made a motion to add to the agenda a discussion the mobilehome park disclosure form; Commissioner Halterman seconded, motion carried.





Commissioner Lerno stated that a couple of resident owned parks questioned if they were part of the Davis-Sterling Act, and they are coming to the understanding that they are.


Commissioner Halterman reported on two litigation items. Cabrillo Mobile Estates were successful in get a $68,000 rent reduction; the City acts as a rent board and they approved it. Although the City and residents have not yet been served, they have received notice that the City will be served and 95 residents of the park will be sued, not as a homeowner’s association, but as individual defendants. The second suit is by the owners of Surf and Sand over the sham conversions; they are suing the City for $20 million.

B. Legislation


Jerry Bowles informed the Commission that legislative year has ended for this year. The summary includes some 2-year bills that have to be taken up in January and moved to the second house if still in the first house of origin. The Governor waited until the last minute, but he vetoed AB 1542. The Governor’s veto message for AB 1542 only tells part of the story; he talks about the two sides getting together but on AB1542 the two sides (the City of Santa Rosa and the residents) could not negotiate an agreement. SB 900 is still alive, however, as a 2-year bill.


The Senate Select Committee has a paragraph on each legislative bill pertaining to mobilehomes on their website http://www.sen.ca.gov/mobilehome.


C. Discussion of 2007 Annual Report


Commissioner Cleveland made a motion to include Rod Quartarraro and Jerry Bowles as special guests who are valuable assets to the Commission; seconded by Commissioner Brocklebank, motion approved. Supervisor Beautz recommended adding to the Commission’s future goals a goal to continue support of SB900 and other statewide legislative mobilehome issues. Commissioner Brocklebank made a motion to add an Item 4 or a #2 to study, discuss, and make recommendations regarding state and local legislative and mobilehome issues; seconded by Commissioner Cleveland; motion carried.


This will be brought back to the next Commission meeting for approval.


D.                 Schedule of Commission Meeting Date for November/December


The Commission agreed that the next meeting date for the November/December meeting will be on November 29, 2007.



E.                  Draft Letter to Board of Supervisors Requesting Legislation Regarding the Impact of Park Residents Signing a Lease Greater than 12 Months


(starts at 28:08) After discussion of the letter and requirements of Civil Code section 798.17 to _____________, Commissioner Brocklebank made a motion to approve the letter with the following additions: the last paragraph of the letter should say “the mobilehome commission requests you’re your board, as part of your legislative program for 2008: (1) recommend that our state legislators introduce a measure which would require the mobilehome owner acknowledge in writing that they have received written notice of the consequences of a lease…. And (2) recommend that these particular civil code sections be provided in both English and Spanish. seconded by Commissioner Halterman; all in favor; motion carried. request the supervisors recommend the state legislature require that Spanish is available recommend state legislature that mobilehome owners received notice, and that these particular codes sections be provided. There was discussion regarding the Lerno: civil code requires bold and 12 point font, etc. It should be on 2 separate pices of paper and should be in a packet it should be separated out. To have 798.17 included and bring people’s attention that anything over 12 months they are going over rent control. Qartarraro asked if it has to be in Spanish. Bowles that would be a good addition amendement in law to make a bill requiring Spanish also. Let them know it is available to them in Spanish if they would like that rather than giving everyone Spanish. Brock moves to accept draft letter as is requesting large font w/o the addition of the Spanish; Cleveland seconds. Brock w/drew motion. Nw a new motion = w/addition that supervisors that make Spanish available upon request – per brock motion. Move that last paragraph of draft letter = mh commission 1. recommend state legist that mh owners received notice… 2. recommend that these particular codes setions be provided in Halter man seconded. All in favor.



F.                  County Counsel Report


The Mobilehome Commission’s pamphlet “To Prospective Mobilehome Owners: Things You Should Know Before You Sign” is complete and includes the pamphlet revision date and the Mobilehome Commission website URL. Commissioner Lerno requested that a Spanish version of the pamphlet be made available and to state its availability on the English version.


The Mobilehome Commission’s website is now up and running.


G.                 Discussion Of Civil Code Section 798.75.5 Mobilehome Park Disclosure Form (Added to the Agenda By Commissioner Brocklebank)


The Commission discussed whether or not the loss of landscaped areas of a park would be included as encroachment of a “common area facility“ in Column H of the Disclosure Form. Commissioner Halterman suggested that this would be a legal question depending upon the specific facts.


H.                 Discussion Of Two Possible Eminent Domain Initiatives In 2008 (Added To The Agenda By Commissioner Halterman)


There is a possibility there will be 2 propositions concerning eminent domain. On the face of them they will appear to say the same thing, which is that there shall be no taking of property for a private use. The difference in the propositions is in the details. There are two initiatives because rather than just fighting one initiative, the League of Cities decided to create their own initiative which opposes the other initiative. The League’s initiative deals with the eminent domain issues rather than restricting rent control. Commissioner Halterman suggested that residents circulate and sign the petition for the League of Cities initiative. The League wants to receive all of the petitions back no later than November 13, 2007.


Commissioner Brocklebank’s understanding is that the first initiative, called “The California Property Owners and Farmland Protection Act,” has been qualified. The Commission discussed the implications of the initiative and that at this point it is open to interpretation. Commissioner Halterman recommended reading the initiative. For anyone who wants to read the complete text of the opposition’s initiative, it can be accessed on the WMA website: http://www.wma.org/index.cfm.



Reminder Letter to Mobilehome Park Management Regarding Disclosure Forms


A resident of Blue Pacific Mobilehome Park updated the Commission that mediation is scheduled for the end of October.




The meeting was adjourned at 10:55 A.M. The next meeting will be November 29, 2007.


Respectfully submitted,


Lee Ann Shenkman, Staff Secretary to the

Mobilehome Commission