MINUTES

MOBILEHOME COMMISSION MEETING

______________________

July 24, 2008

Elena Baskin Live Oak Senior Center

 

COMMISSIONERS PRESENT: 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 NOT PRESENT: Jean Brocklebank, 1st District

BOARD OF SUPERVISORS Not Present

REPRESENTATIVE:

 

COUNTY COUNSEL: Marie Costa

 

SECRETARY: Lee Ann Shenkman

 

LEGISLATIVE REPORT: Jerry Bowles

 

Chair Henry Cleveland called the meeting to order at 9:30 A.M. There were 8 members of the public in the audience. The minutes of the June 26, 2008, meeting were reviewed and upon motion by Commissioner Lerno seconded by Commissioner Halterman, the June 26, 2008, minutes were approved.

I. ADDITIONS AND DELETIONS TO THE AGENDA

Commissioner Halterman added Item E to the agenda for a discussion regarding a possible GSMOL meeting in Santa Cruz.

II. BUSINESS

 

A. Commissioner Reports

 

Commissioner Cleveland thanked staff for providing the Santa Cruz Sentinel with a recently published press release regarding the Mobilehome Commission’s website.

Commissioner Crowther reported that she spoke to the City of Watsonville’s Planning Department and discovered that the City does not have a sham conversion ordinance. Commissioner Halterman recommended that the Watsonville City Council be contacted to see

 

 

 

if there is interest in modeling an ordinance after Santa Cruz County’s ordinance. Commissioner Halterman will obtain a Council member’s name and provide it to Commissioner Crowther to contact for further discussion of the possibility of passing an ordinance regarding sham conversions.

 

B. Legislative Report

 

Jerry Bowles distributed to the Commissioners a survey from the Senate Select Committee on Manufactured Homes and Communities that will go to resident owned parks in California. The purpose of the survey is to gather information to create basic statistical data to provide a better understanding of resident owned parks and issues. Mr. Bowles provided this survey for informational purposes only. The Senate Select Committee will be distributing it to the parks.

 

Two bills which have been signed are SB1234 (Entering Homeowners’ Enclosed Accessory Structures – Consent) and SB1107 (Disabled Accommodations). Many bills are waiting for the third reading.

 

Mr. Bowles provided the Commission with a status report regarding the following bills, which are updated on the Senate Select Committee, http://www.sen.ca.gov/mobilehome/:

 

       SB900 (Park Condo Conversion): bill is dead for this year

 

       SB1107 (Disabled Accommodations) [Correa]: was signed by the governor and will take effect 1/1/09 allowing outside ramps and handrails on a resident’s space so they can get in and out of their homes; also permits homeowners of any age to have caregivers reside with them in their home for health care reasons without paying additional rent for that person.

 

       SB1234 (Entering Homeowners’ Enclosed Accessory Structures – Consent); signed by the governor effective 1/1/09

 

       SB1386 (Carbon Monoxide Warning Devices) [Lowenthal]: bill is dead

 

       SB1498 (Omnibus Judiciary Maintenance of the Codes) [Committee on the Judiciary]: makes technical corrections in the Mobilehome Residency Law

 

       AB567 (Common Interest Development Bureau)[Saldana]: currently in Senate Appropriations

 

       AB952 (Common Interest Development Assessments) [Mullin]: currently in committee in the inactive file

 

       AB1069 (Abandoned Mobilehomes on Highways) [Cook]: bill is dead

 

       AB1111 (Senior Mobilehome Parks) [DeSauliner]: provides cities and counties with the authority to adopt ordinances to prevent mobilehome park management without local approval from changing or striking a park rule limiting residency to seniors in order to make the park open to all ages; pending on Senate floor

 

       AB2554 (Mobilehome Parks Act – Inspections)[Mullin]: requires HCD to assume responsibility for code inspection in mobilehome parks from local agencies which give up enforcement responsibility pursuant to agreements with HCD within 90 days after notice by the local agency, rather than the current law’s 30 day notice; signed into law; does not apply to Santa Cruz County because the parks are all under HCD

 

       AB2857 (Mobilehome Park Master Metered Parks – CARE Program) [Lieber]: provides that residents in mobilehome parks who are master-metered for electric and gas shall not be denied eligibility for the CARE utility discount program by the California Public Utilities Commission because the park has some units or spaces that are not sub-metered; held up in Senate Appropriations Committee; will be heard 8/4/08

 

C.                 Public Hearing on Reasonable Rate of Return on Capital Improvements (Santa Cruz County code Section 13.32.092) and Annual Recommendation to the Board of Supervisors

 

The Public Hearing was opened at 9:55 A.M. Public comment requested explanation that the 12% reasonable rate of return is only applied to half of the cost of a capital improvement. There were no further comments from the public. The Public Hearing was closed at 9:56 A.M.

 

After discussion, Commissioner Halterman made a motion that the Mobilehome Commission accept the draft letter and send it to the Board of Supervisors recommending retaining the 12% reasonable rate of return for the coming year; Commissioner Lerno seconded. All approved, motion carried.

 

D. County Counsel Report

 

The attorney in County Counsel who is handling the Alimur Mobilehome Park litigation is out of town. County Counsel will provide a status report at the next Commission meeting.

 

E.                  Item Added to the Agenda: GSMOL Meeting

 

Commissioner Halterman may arrange a GSMOL meeting in the County of Santa Cruz toward the end of September or early October, and he would like to invite Betty Danner and John Leopold to the meeting for a question and answer forum. The meeting will probably be held at the Capitola City Hall. Mr. Bowles suggested inviting the GSMOL zone vice president to the meeting. Commissioner Halterman will provide an update at the August Commission meeting.

III. CORRESPONDENCE

Approval of Draft Letter to the Board of Supervisors Recommending Reasonable Rate of Return for Qualified Mobilehome Park Capital Improvements Remain at 12%.

 

IV. COMMUNITY INPUT

 

A member of the public was informed that the County Assessor reports to the Board of Supervisors.

 

A resident of Blue Pacific reported the residents are in the process of settling their case with the park owner.

 

A resident of Shoreline Mobilehome Park asked what other mobilehome parks are doing regarding recyclables. He was informed by residents of other park of the different ways recyclables are handled, such as, in some parks each space has it’s own recyclable bin, other parks have a dumpster in one central location, in some parks the residents take their recycling to the recycling center to get reimbursement, and another park is working with Gray Bears to collect the park residents’ recycling bins and Gray Bears will retain the redemption money.

 

 Mr. Bowles informed the Commission that AB822 (Levine) is a pending recycling bill which would require, as of July 1, 2009, owners of a multifamily residential facility of five or more units to provide recycling services that are appropriate for the multifamily dwelling; this bill is on the Senate floor in an inactive file.

A resident of El Rio Mobilehome Park had questions regarding contracting with a management company. Commissioner Cleveland recommended he obtain a booklet on how to choose a management company for his park, which is available at www.echo-ca.org.

 

V. ADJOURNMENT

 

Commissioner Hanley made a motion to adjourn. The meeting was adjourned at 10:20 A.M. The next meeting will be August 28, 2008, at 9:30 AM.

 

Respectfully submitted,

 

 

Lee Ann Shenkman, Staff Secretary to the

Mobilehome Commission

 

 

Approved: