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HomeMy WebLinkAbout1986-08-04 RRC Minutes w MINUTES PALM DESERT RENT REVIEW COMMISSION MONDAY, AUGUST 4, 1986 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER City Attorney David J. Erwin advised that the first order of business was for the Commission to appoint an acting chairman inasmuch as the Chairman and Vice Chairman would be absent. Commissioner Michael Isbell was selected to act in this capacity. Acting Chairman Isbell convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Power III. ROLL CALL Present: Excused Absence: Commissioner Lois Graham Vice Chairman Joe Gibbs Commissioner Michael Isbell Chairman Sabby Jonathan Commissioner Patricia Power Also Present: David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Mary P. Frazier, Secretary IV. APPROVAL OF MINUTES OF JULY 21, 1986 Upon motion by Graham, second by Power, the Minutes of the meeting of July 21, 1986, were approved as presented by unanimous vote of the Commissioners present. MINUTES PALM DESERT RENT REVIEW COMMISSION MEETING AUGUST 4, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONTINUED BUSINESS A. CONSIDERATION of Continuation of J. K. Moran as Hearing Officer (Continued from the Meeting of July 21, 1986) . Mr. Erwin reported that as a result of the July 21, 1986, meeting he had provided Mr. Paul Selzer (attorney for the park owner, Mr. Jim Goldstein) and Mr. Loren Steward (representative for the tenants of Indian Springs Mobilehome Park) with a list of four individuals to be considered for the position of Hearing Officer for this case. The four individuals were: Attorney J. K. Moran, Attorney Jeff Patterson, Deputy District Attorney Rick Erwood, and Attorney Henry Cleary. Mr. Isbell invited input from the tenants. MR. LOREN STEWARD spoke on behalf of the park tenants and reviewed his letter dated July 31, 1986. Upon question by Mr. Isbell, Mr. Steward responded that the tenants were opposed to Mr. Patterson because of decisions reached on the two previous hardship rent increase petitions. He added that the tenants had not been able to contact Mr. Cleary directly but from information they had received, they felt he would not be able to represent them fairly. Mr. Isbell invited input from the park owner. MR. PAUL SELZER of Best, Best and Krieger stated he and Mr. Goldstein had discussed the individuals recommended by Mr. Erwin and that their first choice was Jeff Patterson inasmuch he was involved in the two previous cases. Their second choice would be Mr. Cleary because of his arbitration experience. He added that their third choice would be Rick Erwood, with their only objection being his lack of expertise in civil matters. With respect to Mr. J. K. Moran, Mr. Selzer stated that he had expressed his concern and opposition at the previous meeting. Mr. Isbell reminded everyone that although the Hearing Officer reviews all testimony and documentation and makes recommendations, the final decision as to any hardship rent increase will be made by the Commission. Commissioner Graham moved to appoint Mr. Rick Erwood as Hearing Officer for the Indian Springs Mobilehome Park rent increase petition. Motion was seconded by Power and carried by unanimous vote of the Commission members present. Mr. Selzer asked the Commission if it could appoint an alternate in the event Mr. Erwood was not able to act in this capacity. Mr. Steward asked whether the hearing could be delayed inasmuch as he would be receiving some medical treatment in September. Mr. Selzer stated that he and his client would do everything necessary to accommodate Mr. Steward's request. 2 , MINUTES PALM DESERT RENT REVIEW COMMISSION MEETING AUGUST 4, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin advised that this request should be made to the Hearing Officer, not to the Commission. After additional discussion, Commissioner Graham moved to appoint Mr. Henry Cleary as the alternate Hearing Officer in the event Mr. Erwood is unable to act in that capacity. Motion was seconded by Power and carried by unanimous vote of the Commission members present. VI. ADJOURNMENT Upon motion by Graham, second by Power, and unanimous vote of the Commission members present, Acting Chairman Isbell adjourned the meeting at 4:35 p.m. RESPECTFULLY SUBMITTED, MARY P. ZIER, SECRE RY 3