MOBILEHOME COMMISSION MEETING
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
COMMISSIONERS ABSENT: None
BOARD OF SUPERVISORS Janet K. Beautz
GUESTS: Jerry Bowles
Chair Carol Lerno called the
meeting to order at There were members of the public in the audience. The minutes of the
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.
A. Commissioner Reports MAKE SURE WHAT THE COMMISIONERS SAID
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.
Halterman reported on two litigation items.
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
The Senate Select Committee has a paragraph on each legislative bill pertaining to mobilehomes on their website http://www.sen.ca.gov/mobilehome.
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
Commission agreed that the next meeting date for the November/December meeting
will be on
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;
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.
Of Civil Code Section 798.75.5
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
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
A resident of
The meeting was adjourned at 10:55
A.M. The next meeting will be