HomeMy WebLinkAbout1986-12-15 RRC Minutes MINUTES
PALM DESERT RENT REVIEW COMMISSION MEETING
MONDAY, DECEMBER 15, 1986
4:00 P.M.
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I. CALL TO ORDER
Chairman Jonathan convened the meeting at 4:10 p.m.
II. PLEDGE OF ALLEGIANCE - Commissioner Power
III. ROLL CALL
Present: Excused Absence:
Vice Chairman Joe Gibbs Commissioner Mike Isbell
Commissioner Patti Power Commissioner Lois Kent
Chairman Sabby Jonathan
Also Present:
Jean M. Benson, Council Liaison
Doug Phillips, Deputy City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Mary P. Frazier, Secretary
IV. OLD BUSINESS
A. CONSIDERATION OF LETTER FROM MR. JIM GOLDSTEIN DATED
NOVEMBER 10, 1986, RELATIVE TO ASSESSMENT OF PAYMENT OF J. K.
MORAN'S BILL FOR INDIAN SPRINGS MOBILE HOME PARK PETITION FOR
HARDSHIP RENT INCREASE.
Chairman Jonathan stated that several of the Commissioners had expressed
concern relative to payment of the bill for Mr. J. K. Moran. He asked for
comments from Mrs. Gilligan and Mr. Phillips regarding this matter.
Mrs. Gilligan reviewed the selection of Mr. Moran as hearing officer in this
petition for hardship rent increase, noting that Mr. Moran had been chosen
because of his background in rent control. The City had subsequently
received complaints from Mr. Goldstein, the park owner, stating that Mr.
Moran was biased in favor of the tenants. The Rent Review Commission had
then met and could find no evidence of bias on the part of Mr. Moran but
decided to retain Mr. Rick Erwood as the hearing officer for this case. She
added that this meeting had then been scheduled because of letters
received from two of the Commissioners.
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MINUTES
PALM DESERT RENT REVIEW COMMISSION MEETING DECEMBER 15, 1986
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Mr. Phillips stated that if the Commission decided to rescind its previous
decision relative to payment of Mr. Moran's bill, a unanimous vote would be
necessary. He reviewed the memorandum dated December 15, 1986, (on file
and of record in the City Clerk's Office) noting that the guidelines and
ordinance allowed the Commission to choose any of the options listed.
Upon question by Ms. Power, Mr. Phillips responded that Mr. Moran had
already been paid and that the first time the City became aware that Mr.
Moran had represented G.S.M.O.L. (Golden State Mobilehome Owners
League, Inc.) was at the November 3rd Commission meeting.
Upon question by Chairman Jonathan, Mrs. Gilligan responded that Mr.
Moran's bill was primarily for reviewing material provided by the park
owner and the City. She added that Mr. Moran had also met with her
regarding the City's ordinance and past history of Indian Springs Mobile
Home Park. The bill also involved telephone calls to the City and a letter
submitted to Mr. Goldstein.
Mr. Gibbs asked if the City would have the option of pursuing this matter
to see if some of the money paid to Mr. Moran could be recovered, and Mr.
Phillips stated that the Commission could make that recommendation to the
City Council.
Upon question by Chairman Jonathan, Mrs. Gilligan responded that Mr.
Moran was to be paid $125 per hour to include serving as hearing officer,
preparing for the hearing, writing a report of findings and
recommendation, and attending the Rent Review Commission meeting.
Mr. Phillips asked whether Mr. Erwood had used any of Mr. Moran's work.
Mrs. Gilligan responded that with the exception of reviewing Mr. Moran's
letter to Mr. Goldstein, Mr. Erwood had not used any of that information.
Mr. Gibbs stated that he had been surprised to see Mr. Moran at the
November 3rd Commission meeting as the homeowners' representative and
that he had submitted a letter dated November 18th because of his concern
regarding Mr. Moran's objectivity. He said he felt it would be unfair to
impose this on the park owner or the homeowners. He strongly
recommended that the City Council look into this matter and take any action
they would consider appropriate.
Commissioner Power stated she agreed with Mr. Gibbs' comments and added
that she did not think the City should be penalized either.
Chairman Jonathan agreed and stated that he had also written a letter to the
City expressing concern. He stated he did not feel either side should be
made to pay for the selection of Mr. Moran.
Mr. Phillips stated that half of the bill had already been reimbursed to the
City out of the registration fee fund.
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MINUTES
PALM DESERT RENT REVIEW COMMISSION MEETING DECEMBER 15, 1986
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Mr. Gibbs moved to: 1) Rescind the Commission's previous decision requiring that
half of Mr. Moran's bill be paid by Mr. Goldstein and half by the homeowners; 2) Recommend
to the City Council that 100% of Mr. Moran's bill be paid from the City's General Fund, with the
registration fee fund being reimbursed for the amount already charged; 3) Recommend that the
City Council take whatever steps necessary to recover the amount paid to Mr. Moran,
$2,237.75; and 4) Advise Mr. Goldstein that half of Mr. Rick Erwood's bill is still to be paid by
him. Motion was seconded by Ms. Power and carried by unanimous vote of the Commission
members present.
V. ADJOURNMENT
With consensus of the Commission members present, Chairman Jonathan adjourned
the meeting at 4:28 p.m.
RESPECTFULLY SUBMITTED,
MARY P. R ZIER, SECRt.' ARY
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