With mobile home residents crying, holding sleepy children and begging for help, the City Council voted 4-1 on Feb. 9 to side with the owner of Conejo Mobile Home Park, Joseph Bednar.

The council granted Bednar’s appeal of a previous planning commission decision, and by doing so it approved the closure of the mobile park. The vote also meant the residents, who include low-income, disabled and elderly people, will get less money for help with relocation.

“We will be homeless,” said park resident Edna Paras, the mother of six boys.

Park resident Jim Strong said, "If the park closes, there will be plenty of us on the street.”

Gordon Manley, a World War II veteran who has lived at the park for more than 30 years, said he did not "elect to abandon" his home.

The closing of Conejo Mobile Home Park at 1200 Newbury Road was announced in 2005 when Agoura resident Joseph Bednar, owner of the property, said his intention was to close the park and build a medical office building and an assisted living facility on the site.

At that time, the mobile home park homeowners association president Richard Erickson said he asked the city for a loan of about $4 million so residents could purchase the land beneath the mobile home coaches they owned. The request was denied, and Erickson died before finding a way to secure a loan.

On Jan. 31, 2006, the City Council adopted a temporary moratorium on approvals for the closure of mobile home parks that extended two years. In March that year, the council changed the city’s municipal code on mobile home park closures to include relocation assistance requiring fairmarket value for coaches. This was called Erickson’s Law after the late association president.

When the moratorium ended, in January 2008, the City Council amended the city’s general plan land-use element, changing the park’s designation from commercial to high-density residential.

But in spring 2008, proponents of a citywide mobile home park initiative collected enough signatures to get their proposal on the November ballot. The initiative changed the zoning to trailer park development and the land-use element to mobile home exclusive, and required voter approval before the city could change that again. It also set relocation costs to include a lump sum for in-place market value.

The City Council didn’t wait for the November election but adopted the initiative into law on July 8, 2008.

On Feb. 17, 2009, the park owner filed a complaint for damages and equitable relief in Ventura County Superior Court because of requirements for the amount of relocation assistance to be paid upon the park’s closure.

Then in June, the planning commission used the July 2008 ordinance to determine that the proposed payments for the coaches were inadequate, according to a city report.

On Aug. 4, 2009, the city sued the applicant, seeking a declaration from the court as to whether the payment of in-place market value was a reasonable cost of relocation. The court’s decision on Jan. 8 determined that the payment of in-place market value was unreasonable. The court also determined the city had exceeded its authority by mandating that payment.

The cost of outside legal counsel to obtain this decision will cost the city about $10,000, City Attorney Amy Albano said.

Outside attorney fees cost $350 an hour. Staff time wasn’t tracked, but it was estimated at fewer than l0 hours, according to city spokesperson Andrew Powers.

The City Council heeded city staff’s warning that appealing the decision in hopes of helping these residents would be financially risky for Thousand Oaks.

Residents, who may now be required to move out of the park in six months, have three options.

Option one is the park will pay $14,983 to $16,054 for a singlewide coach and $17,801 to 19,331 for a double-wide coach to relocate. The actual amount will be determined by the number of people living in the household.

Option two allows the coach owner the same amount as option one along with permission to sell the coach to someone who will remove it from the park. Option three allows the coach owner to receive six months’ free rent at the park and 90 percent of the amount offered in option one.

Thousand Oaks resident Charles Oaks said the city was required to set “reasonable relocation” fees, noting that Oxnard coach residents got $70,000 to relocate.

“This is the most unfair, unjust thing I’ve seen in my life,” said park resident Dan Douglas.

Park resident Rodney Buell said he paid $61,000 in 2004 and still owes $36,000 on his coach’s mortgage.

Councilmember Claudia Billde la Peña said she voted against the decision because it wasn’t morally right.

“It does not, in my opinion, offer a reasonable cost of relocation to those families who will be displaced,” she said.

She also said the city recently spent about $3 million for properties adjacent to the Civic Arts Plaza, for which the city has no current plans.

“When I think we have money to purchase properties and then we don’t have $3 million to help you with your transition, I find that hurtful,” Bill-de la Peña said.

City staff is studying options on how redevelopment money can be used to help, City Manager Scott Mitnick said.

To appeal would be “financially reckless. . . . We simply can’t put the city at risk,” said Councilmember Andy Fox.

“Twelve-hundred Newbury Road will do everything they can to insure an amicable, professional and safe park closure and relocation process,” Bednar said.

“Society will be evaluated by how it treats its elderly, poor and its children,” said Thousand Oaks resident Alyce Klussman.