HomeMy WebLinkAbout2017-10-10 - AGENDA REPORTS - HEARING OFFICER SERVICES (2)0
Agenda Item: 7
CITY OF SANTA CLARITA
Q:° AGENDA REPORT
NEW BUSINESS
7,
CITY MANAGER APPROVAL: fAl
DATE: October 10, 2017
SUBJECT: AWARD CONTRACT FOR HEARING OFFICER SERVICES FOR
MANUFACTURED HOME RENT ADJUSTMENT APPEAL
HEARINGS
DEPARTMENT: Community Development
PRESENTER: Erin Lay
RECOMMENDED ACTION
City Council:
Award a one-year professional services contract with the Law Firm of Richards, Watson &
Gershon for Manufactured Home Hearing Officer services for an amount not to exceed
$25,000 per year; and
2. Authorize the City Manager or designee to execute the contract and all associated documents,
including up to two additional one-year extensions, for a total annual amount not to exceed
$25,000; and
3. Appropriate funds in the amount of $25,000 from Contingency Account 19300-5401.001 to
Expenditure Account 13000-5161.002.
BACKGROUND
On July 11, 2017, the City Council adopted Ordinance No. 17-09, updating Santa Clarita
Municipal Code, Chapter 6.02 - Manufactured Home Park Space Rent Adjustment Procedures
(Chapter 6.02). The most significant change was replacing the space rent appeal process led by
the Manufactured Home Park Rental Adjustment Panel with a Hearing Officer -led space rent
appeal process. The goals of moving to a Hearing Officer -led process included: shortening the
time needed to adjudicate appeals; eliminating the perception of bias in the execution of appeals;
and reducing the costs associated with administering Chapter 6.02.
During the Chapter 6.02 update process, Council adopted language that addressed the Hearing
Officer -led appeal process, and specified the following qualifications for Hearing Officers,
which are outlined in Section 6.02.040:
Page 1
PacketPg. 41
A. Appeals shall be heard by an impartial Hearing Officer. A Hearing Officer selected by
the City Council, consistent with the City of Santa Clarita's request for qualifications
process undertaken by City staff, shall consider and decide appeals for rental increases.
The Hearing Officer shall be assigned to hear the appeal by the Director within a
reasonable period of time after the Director has accepted an appeal petition as complete.
The Hearing Officer shall have knowledge of and experience with generally accepted
accounting principles, and meet one of the following criteria:
1. Completion of a Juris Doctor or equivalent degree from a school of law, and
experience in arbitration, mediation, or conflict resolution which provides that
person with the knowledge and skills to conduct a manufactured home space rent
hearing in a professional and successful manner; or
2. Possession of the knowledge and skills to conduct a rent increase hearing, and
completion of at least three (3) rent increase appeal proceedings that involved issues
similar to those raised in space rent appeals.
Also during the Chapter 6.02 update process, the City Council directed staff to conduct a
Request for Proposal (RFP) process to identify potential Hearing Officers qualified to hear space
rent appeals. Staff was directed to highlight the language contained in Section 6.02.040 in the
RFP process. Staff was also directed to present the results of the RFP process to the City
Council for approval and award of contracts.
On August 18, 2017, the City of Santa Clarita (City) released the RFP for Hearing Officer
services on an as -needed basis. The RFP was posted on the City's website and on PlanetBids,
and the submittal period closed on September 18, 2017, at 11:00 a.m. Responses from the
following were received (Attachments A, B, C, and D):
• Alex Dukhovny, Los Angeles, CA
• Dr. Mark Elfont, Valencia, CA
• Richards, Watson & Gershon, Attorneys at Law, Brea, CA
• Michael H. Roush, Attorney at Law, Pleasanton, CA
The City's Purchasing Division determined the proposals from Alex Dukhovny and Dr. Mark
Elfont were non-responsive due to the omission of the following information required by the
RFP:
• Alex Dukhovny: Did not provide three references
• Dr. Mark Elfont: Did not include a Statement of Professional Services
Did not provide three references
Did not provide availability information
Both individuals were informed in writing of the determination of non -responsiveness.
(Attachments E and F)
Page 2
Packet Pg. 42
The proposals from Richards, Watson & Gershon, Attorneys at Law, and Michael H. Roush,
Attorney at Law, were determined to be responsive to the RFP. The following cost conditions
were included:
Michael H. Roush, Attorney at Law, (located in Pleasanton, California): Proposed an
hourly fee of $250, and indicated that additional costs for airfare, hotel, and car rental
to attend appeal hearings in Santa Clarita would apply.
Richards, Watson & Gershon, Attorneys at Law, (located in Brea, California): Proposed
an hourly fee of $285, and indicated that travel time between Brea to Santa Clarita to
attend appeal hearings would be charged at the proposed hourly rate, plus mileage
(approximately 70 miles each way) to be charged at the rate of 53.5 cents per mile.
Staff recommends that the City Council award the contract to provide Hearing Officer services
to Richards, Watson & Gershon, Attorneys at Law. Amy Greyson would serve as the lead
attorney and primary contact for these services. However, Kayser Sume, Chairman of the Board
of Directors for Richards, Watson & Gershon, confirmed that the firm has multiple attorneys
who are experienced in manufactured home rent control issues, and has the ability to conduct
multiple appeal hearings during the appeal period. They would assign as many attorneys and
paralegals as needed to assist the designated Hearing Officers with research, organization,
background tasks, and the timely issuing of Notices of Determination, in order to meet the time-
frame established in Chapter 6.02.
FISCAL IMPACT
Appropriate $25,000 from Contingency Account 19300-5401.001 to Expenditure Account
13000-5161.001.
ATTACHMENTS
Attachment A: Alex Dukhovny - Proposal
Attachment B: Dr. Mark Elfont - Proposal
Attachment C: Richards, Watson & Gershon, Attorneys at Law - Proposal
Attachment D: Michael H. Roush, Attorney at Law - Proposal
Attachment E: Alex Dukhovny - Non -Responsive letter
Attachment F: Dr. Mark Elfont - Non -Responsive letter
0
Page 3
Packet Pg. 43
7.a
CITY OF SANTA CLARITA
REQUEST FOR PROPOSAL INVITATION
PROPOSAL # CD -17-18-01
ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Monday, September 18, 2017
The City of Santa Clarita invites electronic proposals for:
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
1. Proposal responses must be uploaded to Planet Bids at:
http://www.planetbids.com/portal/portal.cfm?CompanylD=16840#
2. Prices shall be D.D.P. Destination or for the service rendered.
3. Proposer shall honor proposal prices for Ninety (90) days or for the stated contract period, whichever is
longer.
4. Proposals must include this Proposal form and be signed by the contractor's authorized representative. R
This signature acknowledges the proposer has read and understands the requirements contained on W
0
pages 1 to 22 and attachment A. c
1L
a
S. The last day for questions will be 10:00 AM, Monday, September 11, 2017. Questions should be a
submitted electronically to:
httpi//www.olanetbids.com/portal/portal.cfm?Comr)anylD=16840# 0
t
Y
6. The contractor is responsible for the accuracy and completeness of any solicitation form not obtained p
directly from the City. x
W
PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned
agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company: Address:g9Z-
Name (Print): A 4 X 1DH 40 FAY Signature:
323 -'Y4 M l
Company Phone No.: Title of Person Signing Bid: inf/,-g,Ce�
PROPOSAL # CD -17-18-01
Packet Pg. 44
co
7.a
9/16/2017
Proposal # CD -17-18-01
Manufactured Home Park Space Rent Adjustment Hearing Officer
Prepared by:
Alex Dukhovny
A non -attorney Mediator
Statement of Qualifications
I have served two three-year terms as the Fifth Panel member on the Santa Clarita
Manufactured Home Rental Adjustment Panel since 2010. In the process I have heard dozens
of disputes and have become an expert on the SCMC 6.02 as well as participated in
restructuring and rewriting the latest iteration. I have been a professional mediator for over 10
years and have successfully settled numerous disputes. I believe that all my years of
experience and gained expertise gives the skillset necessary to conduct a professional and
successful hearing.
Statement of Professional Services
List of 3 hearings in no particular order.
MHP 14-03 -- Sand Canyon Mobile Home Park
Hearing Date: 12/3/2014
My Role: Fifth panel member.
Nature of the issue: Issues with timing of the rent adjustment increase and amortized costs of
tree trimming.
Outcome: approval of base rent adjustment of 3% as permitted by section 6.02.120 for all Sand
Canyon Residents to be imposed Jan 1, 2015
MHP 16-06 - Cordova Estates
Hearing Date: 1/28/2016
My Role: Fifth panel member.
Nature of the issue: Contested increases based on Government Services and Capital
Improvement Charges.
Outcome: MHP 16-03, entered 2/22/16 addressed all items, but one - the asphalt slurry. (I have
also served as the fifth panel members in all of those hearings.)
On July 2016 the Panel voted to reduced total cost of the Asphalt Slurry from $70,254.48 to
$68,804.48 due to one incorrect invoice and broke up the per space cost into 36 month to $6.09
each effective immediately.
Packet Pg. 45
MHP 16-07 - Greenbrier Estates
Hearing Date: 6/23/2016
My Role: Fifth panel member.
Nature of the issue: The residents contested that proposed Government Required Services,
Capital Improvement, and Capital Replacement did not meet the definition of the SCMC 6.02.
Outcome: Panel found all government required services to be approved. Panel approved
contested Items 1, 3, and 4 (Asphalt Slurry, 50 Amp Electrical Panel, and 4x Safety Loops) as
Capital Improvement or Replacement. Panel found Items 7, 9, and 5 (Entrance Street Lights,
Office Carpeting, and 2x Security Cameras) do not meet the Capital Improvement or
Replacement definitions. Panel also reduced charges for Item 5 and Item 8 (Security Cameras
and Patio Furniture) Panel also determined that space increase shall be effective as of Jan 1,
2016.
Compensation
$350 per hour
Availability
Monday through Friday from 5 pm to 9 pm
Exceptions: Holidays and December 6 - 10, 2017
Alex Dukhovny
942 N. Gardner St., #105
Los Angeles, CA 90046
Tel: 323-428-8861
7.a
Packet Pg. 46
REFERENCES
PROPOSAL # CD -17-18-01
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which
BIDDER has performed work of a similar scope and size within the past 3 years:
1.
61 -4y a f' So, 4 s Clv A?t, t
Name and Address of Owner/ Agency
9
Lay G'//-2-Y6-YI714
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
Name and Address of Owner/ Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount Type of Work Date Completed
3.
Name and Address of Owner/ Agency
Name and Telephone Number of Person Familiar with Project
Contract Amount
Type of Work
Date Completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom
BIDDER intends to procure insurance bonds:
PROPOSAL # CD -17-18-01
7.a
Packet Pg. 47
Proposal
Manufactured Home park Space Rent Adjustment Appeal Hearing Officer
Submitted by; Mark Elfont, Ph.D.
27975 Red Pine Ct.
Valencia, CA 91354
(661) 513-0589
(215) 498-8061 (cell)
This proposal is submitted in response to the RFP for Manufactured Home park Space
Rent Adjustment Appeal Hearing Officer. I have over ten years of experience as a
member of the Lower Moreland Township (PA) School District Board of Directors.
During that time I had the opportunity to serve on the team to negotiate teacher
contracts and resolve disputes between the teachers' union and the District. I was also
involved with resolving disputes between residents and the District in a varied number if
issues including tax bills, fee assessments, and facility usage.
I have over 35 years of senior management experience in various business
environments with emphasis on Information Technology and Engineering. I was a
member of the American Arbitration Association Labor Panel and served as an arbitrator
for labor disputes between workers and management.
I also was employed as an adjunct professor at Temple University and LaSalle
University to teach undergraduate and graduate courses in management specializing in
operation management and industrial relations.
Specific rent increase appeal experience.
In 1987, 1 provided consulting services for William Meritz, LLC, of Huntingdon Valley,
PA, and tenants of the Village at Newtown, a newly constructed shopping center in
Newton, PA. Mr. Meritz and several tenants sought a neutral party to resolve rent
objections from tenants who felt that their rents were unreasonably high. The issues
were very complex as the diverse nature of the businesses within the shopping center
precluded a "one rent for all" policy. By the nature of their businesses, some tenants
were required to make substantial capital investments for specialized equipment related
to their business. They felt that the rents would not enable them to achieve profitability
while paying off the equipment. they sought a progressive rent structure that would
permit them to get a profitable start in the new shopping center. I was engaged as a rent
adjustment consultant approved by Mr. Meritz and the tenants. My membership in the
American Arbitration Association was the primary qualification for my selection, as well
as my diverse management and engineering background.
To resolve the rent complaints, I researched rents for similar businesses in the
surrounding area as well as historical data on startup costs related to the specific
businesses. I prepared structured rent modification proposals that permitted the tenants
7.b
Packet Pg. 48
7.b
to get rent relief until they had sufficient profitability to permit gradual rent increases that
would be comparable to similar businesses in the area. The proposals had to ensure
that Mr. Meritz, the property developer, had sufficient revenue flow to meet all of the
expenses associated with the operation of the shopping center and provide a
reasonable return on his investment. Each proposal was tailored to each tenant. Ten
individual rent modification proposals were approved by Mr. Meritz and the tenants.
The rent modification resolutions achieved for the Village at Newtown were similar to
expected space rent appeals in the manufactured homes parks in that each resident
has a unique situation in that they have different capital investments in their homes,
have diverse financial situations, and incur different expense burdens for the park
owners. It is also important to determine the need for rent increases and whether capital
improvements used as justification by park owners are appropriate and will provide
benefits to the residents.
To provide effective rent appeal resolutions, it is imperative that the Rent Appeal
Hearing Officer have an understanding of the local environment with respect to cost of c
living fluctuations, not only from government agency analysis, but a familiarity with costs
within the Santa Clarita Valley. The Rent Appeal Hearing Officer must also determine
the impact of any rent increase on the residents as well as the impact on the owners if
a
any rent increase denial.
0
CL
0
RESUME a
Dr. Mark Elfont
0
27975 Red Pine Ct. w
Valencia, CA 91354
(215) 498-8061
L
0
Senior Vice President of Operations, Online Loyalty Solutions, Inc., King of Prussia, PA o0
June, 1999 to December, 2001.
Online Loyalty Solutions provides customized marketing services to Internet based
companies. The company offers a line of customized products that build customer
loyalty and reward customers for visiting clients' web sites. As Senior Vice President of
Operations, I am responsible for all operational activities of the company. Working with
senior corporate management, I translate business opportunities into specific,
computer-based processes. I identify the information and implementation requirements
and develop project plans to bring the concepts to fruition. I have developed
comprehensive database systems for the management of point based reward programs
capable of supporting millions of users. I have also developed systems to process
online requests for personalized services. I direct an internal staff responsible for
processing customer requests and negotiate contract services for computer system
development. I interface with senior management personnel from various clients to
determine the business requirements and direct the technical personnel performing
Packet Pg. 49
7.b
system development tasks. I develop program plans and track system progress and
expenditures. Pricing of process development to meet client requirements requires a
clear understanding of all risk factors and the establishment of contingency plans.
Head, IT Infrastructure Office, Federal Reserve Bank, Philadelphia, PA, April, 1997 to
June, 1999.
As head of the IT Infrastructure Office for the Federal Reserve System, I was
responsible for evaluating IT operations in the Supervision and Regulation functions of
the Federal Reserve System and developing processes to improve business
o
effectiveness. The 12 Federal Reserve Banks and the Board of Governors act as
quasi -independent activities. In recent years, this autonomy served to impede the
improved efficiency of operations available through IT processes. The IT Infrastructure
=
Office was created to bridge this gap and work within the autonomous nature of the
,0
banks to achieve improved efficiencies through IT improvements. I was selected as the
first Head of the IT Infrastructure Office. I worked with senior management from all 12
2
banks and the Board of Governors to identify opportunities for improving operational
c
effectiveness through IT solutions. Some of the initial analysis and developments
included standardization of office automation products, integrated communication
processes, universal reporting processes, and the development of an Intranet for
a
ubiquitous access to business information. I directed a staff of IT analysts who
analyzed business practices for IT applications and contracted with Bank IT staff and
c
outsourced IT resources to complete the IT projects. The conservative nature of the
o
Federal Reserve required extensive risk analysis and the implementation of strict
a
control processes. Project management tools were used to ensure timely completion of
projects within budget allocations. The diverse nature of the operating departments
c
within the scope of the IT Infrastructure Office and the independent nature of the
w
management personnel at the various Banks created a challenging environment within
which to operate. Due to the tactful manner in which it operated, the IT Infrastructure
Office was able to achieve measurable success from the outset of its creation.
o
Chief Information Officer, Naval Surface Warfare Center, Carderock Division,
Philadelphia, PA, January 1993 to April, 1997.
As CIO for a large government research and development laboratory, I was responsible
for all aspects of IT development and support. The merger of three separate
laboratories created the Carderock Division of the Naval Surface Warfare Center with
remote sites throughout the country. As the first CIO of the combined organization, I
was responsible for integrating the diverse and, sometimes, incompatible IT systems of
the previous independent labs. Although many of the high tech R&D IT processes
remained within the domain of the lab scientists, I was responsible for creating an
effective business and communications infrastructure across the new organization. The
responsibilities included an internal staff in excess of 20 IT personnel with support from
an additional 20 contracted personnel and a budget in excess of $67 million. Among
the IT improvements completed under my tenure was the development and
implementation of an organization wide network accessible from all remote sites,
Packet Pg. 50
7.b
installation of a fiber optic, Asynchronous Transfer Mode backbone at the two major
sites for high speed data access and file transfer, the creation of a common email
system to replace the 22 non -compatible systems previously used, and the initiation of
an Intranet for universal access to the network. I also served on a Navy -wide
committee to improve the communications across all Navy organizations and was
instrumental in establishing a universal system. I worked with the top level of
management at the organization to identify business application opportunities for IT
improvements.
Prior to my selection as CIO, I held various positions in business, IT, and systems
engineering management at government and commercial organizations. I have
presented papers at various professional symposia. I also taught courses as a part-
time instructor in the Business Schools of Temple University and LaSalle University.
Adjunct Professor, Temple University and LaSalle University, Philadelphia, PA, January,
1976 to June, 1982.
During my tenure as Adjunct Professor, I taught undergraduate and graduate courses in
organizational management, industrial relations, and management systems. I developed
a course to introduce the systems approach to management that demonstrated the
a
process to identify the environment within the organization operates and apply an
integrative approach to problem solving. c
EDUCATION a
B.S. in Mechanical Engineering, Drexel University, 1966 c
M.S. in Engineering Management, Drexel University, 1970 w
MBA, Temple University, 1972
Ph.D. in Management Systems, Southeastern University, 1980
L
0
MEMBERSHIPS
American Arbitration Association
CIVIC AND VOLUNTEER POSITIONS
Member, Board of Directors, Lower Moreland School District, Lower Moreland, PA,
October 2000 to July, 2010.
President, Santa Clarita Philharmonic, Valencia, CA, May 2011 to present.
President, Belcaro Garden Society, Valencia, CA, October 2014 to present.
Packet Pg. 51
7.b
CITY OF SANTA CLARITA
REQUEST FOR PROPOSAL INVITATION
PROPOSAL # CD -17-18-01
ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Monday, September 18, 2017
The City of Santa Clarita invites electronic proposals for:
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
1. Proposal responses must be uploaded to Planet Bids at:
htto://www.r)lanetbid5.com/portal/oortal.cfm?CompanvlD=16840#
2. Prices shall be D.D.P. Destination or for the service rendered.
3. Proposer shall honor proposal prices for Ninety (90) days or for the stated contract period, whichever is U
Monger.
4. Propdsals must Include this Proposal form and be signed by the contractor's authorized representative. Q
This signature acknowledges the proposer has read and understands the requirements contained on
pages 1 to 22 and attachment A. N
0
CL
S. The last day for questions will be 10:00 AM, Monday, September 11, 2017. Questions should be 0 -
submitted
submitted electronically to: a
http://www.planetbids.com/portal/oortal.cfm?ComoanvlD=16840# }
0
6. The contractor Is responsible for the accuracy and completeness of any solicitation form not obtained W
directly from the City. LU
L
C�
C
PROPOSER TO READ 0
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned
agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company: �A�K �1-44 P� . 9� Address: 2 97 s QE9 A J E GT, V n LG) p �'
�./� 4l.Fa J1
Name (Print): �' l��K - Signature: _
Company Phone No.: Z'1 r+ �� v g0� l Title of Person Signing Bid: U VJ 15A
-
Company
# CD -17-18-01
Packet Pg. 52
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
CITY OF SANTA CLARITA
RESPONSE TO REQUEST FOR PROPOSALS
MANUFACTURED HOME PARK SPACE RENT ADJUSTMENT APPEAL HEARING OFFICER
PROPOSAL # CD -17-08-01
September 18, 2017
For more information contact:
Amy Greyson
agreyson@rwglaw.com
Telephone 714.990.0901 I Facsimile 714.990.6230
1 Civic Center Circle, PO Box 1059
Brea, California 92822-1059
www.rwglaw.com
7.c
Packet Pg. 53
71
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
September 18, 2017
Ms. Heather Andrews
City of Santa Clarita
CD -Administration
23920 Valencia Boulevard, Suite 295
Santa Clarita, California 91355-2196
Re: Request for Proposals for Manufactured Home Park Space Rent Adjustment Appeal
Hearing Officer
Dear Ms. Andrews:
Richards, Watson & Gershon (RWG) is pleased to respond to the City of Santa Clarita's Request
for Proposals for Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer.
We propose Amy Greyson to serve as lead attorney and primary contact person for these
services. We anticipate that Amy would perform almost all of the work personally, which given
her experience will lead to both a high-quality product and high -time efficiency.
Amy works from the Firm's Orange County Office and I work from the Firm's Los Angeles office.
Our contact information is as follows:
Richards, Watson & Gershon
1 Civic Center Circle, PO Box 1059
Brea, California 92822
Amy G reyso In
Phone 1714.990.0901
Email I agreyson(@rwglaw.com
355 South Grand Avenue, 40th Floor E Kayser O. Sume
Los Angeles, California 90071 E Phone 1213.626.8484
Email I ksume(cDrwglaw.com
RWG is a professional corporation specializing in representing public entities of all types.
Having represented public entities for most of its over 60 -year history, RWG is keenly aware of
the pressures they face, and we structure our provision of legal services in a goal -oriented and
cost-efficient manner. Even in the most complex matters, we work closely with our clients to
achieve their goals quickly and economically. Complexity of a matter does not mean that it
must be unduly expensive.
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
We believe that Amy, backed by RWG's extensive resources, would provide exceptional
representation to the City of Santa Clarita, and we look forward to discussing our proposal with
you. If you have any questions or comments, please do not hesitate to contact us.
Very Truly Yours,
0
Ka C ser OtSume
Chairman, Board of Directors
7.c
Packet Pg. 55
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Table of Contents
Page No.
CoverLetter...................................................................................................................................
i
Historyof the Firm........................................................................................................................1
FirmExpertise...............................................................................................................................1
Request for Proposal Invitation....................................................................................................1
ClientService Team.......................................................................................................................1
RelationshipPartner.....................................................................................................................2
Statement of Qualifications and Professional Services - Attorneys.............................................3
HourlyRates/Fees.........................................................................................................................4
FeeSchedule.................................................................................................................................5
ItemsBilled Separately.................................................................................................................5
Availability.....................................................................................................................................
5
References....................................................................................................................................6
Sample Agreement for Professional Services...............................................................................6
Attachments:
Attachment A Request for Proposal Invitation
Attachment B Amy Greyson: Attorney Biography
Attachment C Amy Greyson: State Bar Certification
Attachment D References
Attachment E Statement of Professional Services
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 71
History of the Firm
Founded in 1954, RWG's dedicated team of lawyers has specialized in the representation of
public entities of all types. We take an interdisciplinary approach to the challenges faced by
California public agencies and municipalities from our offices located in Los Angeles, Orange
County, San Francisco, Temecula, and the Central Coast. Our attorneys deliver practical,
solutions -oriented advice tailored to the unique needs of our public clients. We have built a
reputation as the lawyers of choice for clients seeking reliable, efficient, and effective legal
counsel to help realize their goals.
RWG is proud of its longstanding commitment to helping California shape its future and the role
we have played in the state's legal history. Our attorneys were instrumental during the
incorporation of several California cities. We have a long track record of providing legal services
to cities in connection with rent stabilization issues, including advice on mobilehome rent
control ordinances; assistance in administrative proceedings related to permissive rent increase
applications and applications for mobilehome park conversions; and defense of judicial
challenges to cities' decisions in these areas.
Firm Expertise
RWG delivers advisory and litigation services with a specialized focus on matters involving:
public agency and municipal law; public finance; public works, construction, and contracting;
economic development; administrative law and government regulation; eminent domain; labor
and employment; environmental law; real estate; and redevelopment dissolution and advice to
successor agencies.
Request for Proposal Invitation
We have completed the Request for Proposal Invitation and included it as Attachment A.
Client Service Team
RWG is committed to giving the City the attention of our talented group of attorneys, and to
delivering timely, high quality, and practical advice on a cost-efficient basis.
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Relationship Partner
Amy Greyson I Lead Attorney and Point of Contact
Contact information: 1 Civic Center Circle, PO Box 1059
Brea, California 92822
Phone: 714.990.0901
Fax: 714.990.9330
Email: agreyson(cDrwglaw.com
Amy is a senior attorney in the Firm and a member of the Public Law Department and the Labor
and Employment Department. Amy has been with the Firm since 1999, and has specialized in
mobilehome, municipal, and labor and employment law for over 35 years, in both advisory and
litigation capacities.
• Amy regularly advises city councils and rent control bodies on mobilehome park rent
control and mobilehome park conversion issues, including drafting of ordinances and
administrative regulations; evaluation of federal and state court decisions; creation and
implementation of mobilehome park and rent registration procedures and applications
and forms relating to rent increases; conduct of local administrative proceedings to
consider rent increase applications; and conduct of public workshops for park owners
and park residents regarding administration and implementation of ordinances. She has
been working in the area of mobilehome park rent control since 1984.
• Amy has obtained several published appellate court decision victories, including
Robinson v. City of Yucaipa, 28 Cal.App.4th 1506 (1994), in which the California Court of
Appeal upheld the decision of the City of Yucaipa granting a capital improvement rent
adjustment; and City of Highland v. County of San Bernardino, 4 Cal.App.4th 1174
(1992), in which the California Court of Appeal ruled that the County of San Bernardino
failed to properly calculate Highland's property tax share following incorporation.
• Amy also has defended public entities in mandate proceedings, including the defense of
cities involving challenges to mobilehome park rent control ordinances and apartment
rent control ordinances; defended public agencies in litigation challenging disciplinary
actions; and represented public agencies in proceedings before the California Public
Employment Relations Board and in arbitrations on grievances and collective bargaining
disputes.
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 71
• Amy has previously served on the Ad Hoc Due Process Committee for the League of
California Cities, City Attorney's Department. Amy also has presented a paper on due
process in quasi-judicial proceedings at the Annual Conference of the League of
California Cities, and authored an article in Western City on due process issues. Amy has
also previously served as a chapter chair for the Municipal Law Handbook Committee
for the League of California Cities, City Attorneys Department.
• Amy is licensed to practice law in the State of California and is a member in good
standing with the State Bar of California. She received her J.D. in 1980 from the
University of California, Los Angeles, School of Law and her B.A. from the University of
California, Santa Cruz in 1976. Amy was admitted to the State Bar of California in 1980
and joined RWG in 1999. A copy of Amy's biography is included in Attachment B and a
copy of Amy's California State Bar Certification is included as Attachment C.
Statement of Qualifications and Professional Services - Attorneys
Over the past 35 years, Amy has represented cities and other public agencies in advisory and
advocacy capacities in administrative proceedings before mobilehome rent stabilization boards
and commissions, and planning commissions, and has represented public agencies in litigation
defending administrative decisions, involving often complex and controversial issues. She has
extensive experience in evaluating on -the -spot legal issues and conduct of proceedings
requiring a balancing of public agency interests with the interests of applicants, opponents, and
the general public. She assists decisionmakers in ensuring compliance with laws, ordinances,
and regulations to ensure due process and fair hearings, including the following:
• Serving as neutral legal advisor to city mobilehome park rent control boards and
commissions with regard to the interpretation and application of mobilehome park rent
control ordinances, public hearing proceedings for presentation of written and oral
evidence and argument relating to rent increase applications, advice during
deliberations, and preparation of written decisions based on board/commission action.
• Serving as staff advocate on mobilehome park rent control applications before city
mobilehome park rent control boards and commissions, including evaluation and
analysis of rent increase applications under maintenance of net operating income
(MNOI) and fair return methodologies, capital improvement applications, assistance in
preparation of staff reports, presentation of witnesses, and argument in support of staff
position.
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
• Serving as neutral legal advisor to city planning commissions and city councils on land
use, planning, zoning, and CEQA issues related to land use applications Amy helps to
ensure compliance with state and city land use laws, ordinances and policies, Brown Act,
and fair hearing principles, including assistance in preparation of staff reports, and
proposed ordinances and resolutions, and responding to commission/council inquiries
during public hearings and appeals.
• Serving as neutral legal advisor to city personnel boards and commissions with respect
to disciplinary appeals and grievances, including interpretation and application of
statutes, ordinances, and memoranda of understanding regulating personnel and labor
relations, and preparing written decisions based on board/commission actions.
• Serving as neutral legal advisor to public agency departments with regard to complaints
of discrimination and harassment, including oversight of investigations, evaluation of
investigation reports and recommended discipline of sustained complaints, and
preparation of disciplinary documents memorializing action.
• Serving as presenter of public workshops with owners and residents of mobilehome
parks to obtain input for development, updating and implementation of mobilehome
park rent control ordinances, including explanation of state and federal laws and court
decisions regulating mobilehome parks and rent control and municipal ordinances and
procedures, and responding to questions from stakeholders.
• Conducting training sessions for public agency staff with regard to requirements for due
process and fair hearings in administrative proceedings, Ralph M. Brown Act, Public
Records Act, and conflicts of interests statutes and court decisions regulating
administrative hearing bodies.
Participating in mediation sessions in pending litigation or PERB administrative proceedings to
resolve disputes.Attached as Attachment E is a list of Amy's Professional Services.
Hourly Rates/Fees
Time incurred in providing legal services will be billed in increments of one-tenth of an hour.
Our invoices provide detailed explanations of tasks performed, dates of work, and the name of
the attorney that performed the work.
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services jo
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Fee Schedule
The proposed hourly billing rate for Amy is as follows:
NAME RATE
Amy Greyson $285
To the extent that the services of other Firm attorneys are utilized, such services would be
billed at a rate of $285 per hour for shareholders and senior attorneys, $$225 per hour for
associate attorneys, and $135 per hour for paralegals and legal assistant.
Items Billed Separately
Items such as mileage, photocopying, facsimiles, long distance telephone charges, messenger
and delivery services, and legal research services will be billed separately at the rates detailed
below.
Travel and Mileage. The Firm will bill actual travel time for visits to the City and will bill
mileage at the standard rate established by the IRS for calculating the operating expenses of an
automobile used for business purposes, which currently is 53.5 cents per mile.
Photocopying. Copies will be billed at five cents per page.
Facsimile. Outgoing faxes will be billed at $1.00 per page with a maximum charge of $25.00,
for any one fax. We endeavor to avoid faxing documents whenever possible and, instead will
provide documents by e-mail at no cost to the City.
All other costs, including long distance telephone charges, messenger and delivery services, and
legal research services will be charged at the rate of the Firm's actual out-of-pocket expense.
The Firm will not charge for word processing and similar clerical tasks.
Availability
We regard accessibility and responsiveness as critical factors in the provision of legal services.
Amy can be reached by telephone, cell phone, and e-mail. Our Firm's use of smartphone and
other mobile computerized devices allows for real-time exchange of e-mail with our attorneys,
including when the attorney is out of the office or traveling. We have 24-hour access to e-mail,
the Internet, video conferencing, database services, and legal research facilities, as well as word
Proposal for Legal Services
City of Santa Clarita —Appeal Hearing Officer Services
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
processing and other computer-based automation tools. Using the latest technology, we are
able to stay in immediate contact with our clients and with one another to provide timely and
economical delivery of legal services. It is our practice to be available to clients on very short
notice. Furthermore, we take pride in our ability to provide a complete and accurate response
to assignments and inquiries within whatever reasonable time constraints are imposed and to
manage our cases with substantial client communication and input.
Amy will be available to conduct hearings in the months of November through February, and if
necessary thereafter and is available to attend evening meetings in Santa Clarita, subject to the
following exceptions. Amy will not be available on the first and third Mondays of each month;
and the fourth Thursday of each month, due to client commitments.
References
We have completed the City's Reference Form and it is attached as Attachment D
Sample Agreement for Professional Services
We have reviewed the sample Agreement for Professional Services included with the Request
for Proposals and find its basic structure to be an acceptable form for an agreement. If
selected, RWG would request revisions to better reflect the engagement for a hearing officer.
Insurance
RWG maintains insurance coverage in all areas detailed in this RFP. Our insurance coverage
portfolio has been carefully selected to provide adequate and comprehensive coverage from
reputable carriers specifically tailored to our municipal and public agency clients.
7.c
Packet Pg. 62
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Attachment A
Request for Proposal Invitation
Proposal for Legal Services Attachment A
City of Santa Clarita —Appeal Hearing Officer Services Request for Proposal Invitation
7.c
CITY OF SANTA CLARITA
REQUEST FOR PROPOSAL INVITATION
PROPOSAL # CD -17-18-01
ELECTRONIC PROPOSALS ARE DUE BEFORE: 11:00 AM, Monday, September 18, 2017
The City of Santa Clarita invites electronic proposals for:
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
1. Proposal responses must be uploaded to Planet Bids at:
http://www.planetbids.com/portal/portal.cfm?CompanVID=16840#
2. Prices shall be D.D.P. Destination or for the service rendered.
3. Proposer shall honor proposal prices for Ninety (90) days or for the stated contract period,
whichever is longer.
4. Proposals must include this Proposal form and be signed by the contractor's authorized
representative. This signature acknowledges the proposer has read and understands the
requirements contained on pages 1 to 22 and attachment A.
5. The last day for questions will be 10:00 AM, Monday, September 11, 2017. Questions should be
submitted electronically to:
http://www.planetbids.com/i3ortal/i3ortal.cfm?Comi3anvlD=16840#
6. The contractor is responsible for the accuracy and completeness of any solicitation form not
obtained directly from the City.
PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The
undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above.
Company: Richards, Watson & Gershon, A Professional Corporation Address: 355 S. Grand Avenue, 40th floor
Los (Ay/nelles, California 90071
Name (Print): Kayser O. Sume Signature:Vlfterv^' &-M�
Company Phone No.: 213.626.8484 Title of Person Signing Bid: Chairman, Board of Directors
Packet Pg. 64
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Attachment B
Amy Greyson Biography
RICHARDS I WATSON I GERSHON
ff ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Amy Greyson I Senior Attorney
Practice Areas:
Mobilehome Parks and Rental Control
Public Agency and Municipal Law
Climate Change
E -Documents and Public Records
Labor and Employment
Education:
B.A., University of California, Santa Cruz, 1976
J.D., University of California, Los Angeles, School
of Law, 1980
T 714.990.0901
F 714.990.6230
E agreyson@rwglaw.com
W www.rwglaw.com
Amy Greyson is a senior attorney in the Public Law
and Labor and Employment Departments at
Richards, Watson & Gershon. She has specialized
in the areas of public agency and municipal law and
labor and employment law in both advisory and
litigation capacities for over 35 years. Ms. Greys on
has extensive experience in drafting and advising
cities on drafting and implementation of
mobilehome park rent control ordinances and
mobilehome park conversion issues, serving as legal
advisor to mobile home park rent control boards and
commissions, and in defending cities in litigation
resulting from rent control decisions.
In the areas of labor and employment, Ms. Greyson
has extensive experience in all aspects of the
employment relationship, including development of
personnel rules and policies; handling of discipline
and grievance matters and labor arbitrations;
litigation defense of employee disciplinary actions;
investigation of harassment and misconduct
complaints; and advice in labor relations and
general employment matters. Ms. Greyson has
represented public entities in administrative appeal
hearings and grievances, and also served as legal
advisor to civil service boards and personnel appeals
boards on disciplinary appeals, unfair labor practice
charges and civil service system administration.
She has also participated in mediation and
settlement conferences.
Ms. Greyson also has broad expertise in advising
public agencies on all stages of land use process,
including drafting and interpretation of ordinances
and statutes, preparation of resolutions, and legal
advice on land use issues, and has served as legal
advisor to planning commissions. Ms. Greyson has
additional experience representing newly
incorporated cities in challenging property tax
determinations made by Local Agency Formation
Commissions and counties in the incorporation
process; and has represented cities and other public
agencies in land use and CEQA litigation matters.
7.c
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Ms. Greyson has conducted trainings for public
agency elected and appointed officials and staff on
AB 1234, the Ralph M. Brown Act, conflicts of
interest, Public Records Act, due process in
administrative proceedings, fitness for duty,
preventing harassment and discrimination,
conducting investigations, and family and medical
leave laws. Ms. Greyson served on the 2009 Ad Hoc
Due Process Committee of the City Attorneys
Department of the League of California Cities, and
previously served as a chapter chair for the Municipal
Law Handbook Committee for the City Attorneys
Department.
Prior to joining the Firm, Ms. Greyson served as
Litigation Specialist -Deputy City Attorney for the
City of Anaheim, and has also served as a Partner
with the law firm of Brunick, Alvarez & Battersby in
San Bernardino, where she was Assistant City
Attorney for the City of Yucaipa, Deputy City
Attorney for the City of Highland, and served as
Special Counsel to the San Bernardino County
Superintendent of Schools, the San Bernardino
Community College District, and several county
water districts and personnel commissions.
Ms. Greyson also previously served as Assistant City
Attorney for the City of Oceanside and Deputy City
Attorney for the cities of Claremont and LaVerne.
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Attachment C
State Bar Certification
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Amy Greyson - #93921
Current Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
The following information is from the officral records of The State Bar of California
Bar Number. 93921
Richards Watson & Gershon phone Number.
(714} 990-0901
PC Box 1059
Address:
Brea, CA 52822
Map it Fax Number:
(14) 990-6230
Email: agreyson@rvrglaw.com
Undergraduate
Univ of California
county: Orange
School:
Santa Cruz. CA
District: District
Labor & Employment
Sections: Public Law Law School:
UCLA SOLLas
:
Angeles CA
Real Property Law
Status History
Effective Date Status Change
Present AC: -e
12,.16; 1980 Admitted to The State Bar of California
Explanation of member status
Actions Affecting Eligibility to Practice Law in California
Disciplinary and Related Actions
This member has no public record of d sc pline.
Administrative Actions
This member has no public record of administrative actions.
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Attachment D
References
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
REFERENCES
PROPOSAL # CD -17-18-01
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
City of Santa Clarita, California
The following are the names, addresses, and telephone numbers of three public agencies for which BIDDER has
performed work of a similar scope and size within the past 3 years:
1. City of Yucaipa. 37472 Yucaipa Blvd., Yucaipa CA 92399
Name and Address of Owner / Agency
Ray Casey, City Manager 909.797.2489
Name and Telephone Number of Person Familiar with Project
Provided pursuant to City Attorney Services Contract See next line 1991-1998: 2004 to present
Contract Amount Type of Work Date Completed
Type of Work: Legal advisor on drafting, updating and administering mobilehome rent stabilization program,
legal advisor to Yucaipa Mobilehome Rent Review Commission on rent adjustment applications.
2. City of Calimesa, 908 Park Avenue, Cal imesa, CA 92320
Name and Address of Owner / Agency
Bonnie Johnson, City Manager 909.795.9801
Name and Telephone Number of Person Familiar with Project
Provided pursuant to City Attorney Services Contract See next line 1991-1998: 2004 to present
Contract Amount Type of Work Date Completed
Type of Work: Legal advisor on implementation and administration of mobilehome rent stabilization program,
staff advocate on rent increase application hearings before Calimesa Mobile Home Rent Stabilization Board.
3. City of Santa Barbara, 735 Anacapa Street, Santa Barbara, CA 93101
Name and Address of Owner / Agency
Ariel Ca tonne. City Attorney 805.564.5326
Name and Telephone Number of Person Familiar with Project
$285/per hour See next line 2016 to present
Contract Amount Type of Work Date Completed
Type of Work: Advice and assistance in updating mobilehome park conversion and mobilehome park rent
control ordinances.
7.c
9 RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER
intends to procure insurance bonds:
7.c
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
Attachment E
Statement of Professional Services
9 RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION
The following chart provides a list of matters that Amy Greyson has handled that have provided her
with the knowledge and skills to conduct a manufactured home space rent adjustment appeal
hearing.
DATE(S) MATTER CONSIDERED: SEPTEMBER 201S- UGUST ZO16
Other Parties
Park Owner:
Park Owner
Board Attorney: City Council
Resident
AVMGH III -Golden
Attorney:
Don Lincoln, Esq. Attorney:
Representatives:
Palms Limited
Boyd Hill, Esq.,
Tim Giles, Esq.
Robin Minnear
Partnership;
Hart, King
and Peter Gallant
Bruce A. Hohn
(representatives)
Description of Proposer's Role And Nature Of Issues:
Staff advocate with regard to Maintenance of Net Operating Income
(MNOI)/Fair Return Rent Increase for 208 -space senior citizen mobilehome
park, before Mobilehome Rent Stabilization Board and City Council on appeal,
including over 4,000 page record; seven hearing dates; examination of multiple
witnesses including park owner, residents, Dr. Baar, James Brabant, John Neet,
and Ed Gogin; presentation of argument; preparation of comprehensive Board
and Council resolutions of decision.
Other Parties:
Park Owner: Park Owner Attorney:
Peter Wang/Wang Discovery LP Mark Alpert, Esq., Rudderow Law Group
Description of Proposer's Role And Nature Of Issues:
Legal advisor to Yucaipa Mobilehome Rent Review Commission on MNOI/Fair
Return Rent Adjustment application for 97 -space park; evaluation of evidence
presented by Dr. Kenneth Baar, James Brabant, John P. Neet, Michael
McCarthy.
Final Outcome:
Board and City Council denied
rent adjustment; Superior Court
denied petition for writ of
mandate filed by park owner;
litigation pending.
Park Residents Attorney:
Bruce Stanton
Final Outcome:
One -day Commission hearing;
Commission awarded $95.94
MNOI rent adjustment; no
appeal filed to City Council;
decision final.
7.c
7.c
9 RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Other Parties:
Owners and residents of eight mobilehome parks MHET
Description of Proposer's Role And Nature Of Issues:
Update Mobile Home Park Rent Control Ordinance and Regulations based on
comprehensive legal review, presentation of workshops for Board members,
park owners, residents and City Council.
Other Parties:
1n,ILMM
Final Outcome:
Board review and
recommendations to City
Council, City Council adopted
amendments to Municipal Code
and Board rules.
Owners, managers and residents MHET WMA Yucaipa Mobilehome Residents Association
from 42 mobilehome parks
Description of Proposer's Role And Nature Of Issues:
Legal advisor to Mobilehome Rent Review Commission and City Council during
Biennial Review of Mobilehome Rent Stabilization Program, and preparation of
updates to Ordinance and Administrative Rules.
Other Parties:
Final Outcome:
Proposed amendments adopted
by City Council from time to time
following review and
recommendations from
Commission and public input
from stakeholders.
Park owners and residents: from Park owner attorneys including: Bill Dahlin and Mark Alpert of Hart, King &
various parks Coldren, Terry Dowdall
Description of Proposer's Role And Nature Of Issues: Final Outcome:
Legal advisor to Mobilehome Rent Review Commission on MNOI, Fair Return Outcome dependent on
and Capital Improvement Rent Adjustment applications; size and complexity application and other evidence.
dependent on individual applications.
7.c
9 RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION
Other Parties:
Park owners, managers and residents of seven mobilehome parks in City
Description of Proposer's Role And Nature Of Issues: Final Outcome:
Legal advisor to City staff and assistance in negotiating renewal of Accord renewed based on
comprehensive mobile home accord between City and parks establishing mutual agreement between City,
voluntary rent control; conducted public workshops and meetings with park park owners and residents.
owners, residents and representatives.
Other Parties:
Park Owner: La Quinta Ridge LLC Norton S. Karno, Trustee
for La Quinta Ridge Mobile Estates of the Carolyn Artis Trust, Manager
Description of Proposer's Role And Nature Of Issues:
Review and evaluation of Petition for Extraordinary Hardship/Fair Return Rent
Increase filed by 151 -space mobilehome park.
Other Parties:
La Quinta Ridge Mobile Estates park residents
Park Owner Attorney:
Anthony C. Rodriguez
Final Outcome:
Petition deemed incomplete;
park owner did not re -submit
application.
Description of Proposer's Role And Nature Of Issues: Final Outcome:
Co -presenter of public workshop for park residents regarding rent control Information provided to park
exemptions. residents to assist in elimination
of confusion over application of
ordinance.
RICHARDS I WATSON I GERSHON
ATTORNEYS AT LAW —A PROFESSIONAL CORPORATION
ORANGE COUNTY OFFICE
1 Civic Center Circle, PO Box 1059
Brea, California 92822-1059
Telephone: 714.990.0901
Facsimile: 714.990.6230
e-mail: oc@rwglaw.com
LOS ANGELES OFFICE
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Telephone: 213.626.8484
Facsimile: 213.626.0078
e-mail: la@rwglaw.com
SAN FRANCISCO OFFICE
44 Montgomery Street, Suite 3800
San Francisco, California 94104-4811
Telephone: 415.421.8484
Facsimile: 415.421.8486
e-mail: sf@wglaw.com
TEMECULA OFFICE
41000 Main Street, Suite 309
Temecula, California 92590-2764
Telephone: 951.695.2373
Facsimile: 951.695.2372
e-mail: tem@wglaw.com
CENTRAL COAST OFFICE
847 Monterey Street, Suite 201
San Luis Obispo, California 93401
Telephone: 805 439-3515
Facsimile: 800-552-0078
e-mail : cc@rwglaw.com
7.c
Packet Pg. 77
7.d
Michael H. Roush
Attorney at Law
5571 Corte Sierra
Pleasanton, CA 94566
925-876-7525
mhrlegal C@ comcast.net
Re: Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
This responds to the City's Request for Proposals for a Manufactured Home Park Space Rent Adjustment
Hearing Officer (CD -17-18-01). I have read, understood and agree to the terms and conditions on all
pages of the Proposal. I agree to furnish the services stipulated in the Proposal.
State Bar Number 72456; license held since December 1976.
Statement of Qualifications. I have been appointed as the Hearing Officer for the City of San Juan R
Capistrano concerning its mobile home rent control ordinance and have conducted lengthy hearings in a
that City in 2015 and 2016. 1 am Legal Counsel for the City of Richmond Rent Board created by a voter
approved residential rent control initiative in November 2016. 1 have also provided (and as to the City of c
Alameda, continue to provide) legal services to the City of Alameda and the City of Santa Rosa in 0-
0
drafting and implementing their recently adopted residential rent control ordinances. (The Santa Rosa a`
ordinance was subsequently set aside by referendum.) Accordingly, I have the requisite experience and 3
expertise to provide the hearing officer services required under the Santa Clarita Ordinance.
In addition, I was the full time City Attorney for the City of Pleasanton for 21 years, retiring in 2009.
Currently, I am of counsel with the San Francisco law firm of Renne Sloan and, through the firm, serve as
the contract City Attorney for the City of Brisbane. Separate from my association with the Renne Sloan
firm, I have provided legal services to a number of cities including Alameda, Santa Rosa, Stockton, San
Ramon and San Luis Obispo. (For clarity, any agreement with the City of Santa Clarita for hearing officer
services would be in my personal capacity, not through the Renne Sloan firm.)
I also have experience as a hearing officer for the Cities of East Palo Alto (residential rent control),
Walnut Creek (appeals of administrative citations), Hayward (rent differentials) and Albany (medical
marijuana). I have also served as a judge pro temp in Alameda County for 18 years.
Statement of Professional Services. The City of San Juan Capistrano has a mobile home rent control
ordinance that provides for an appeal process following an owner's notice of a rent increase. I have a
contract with the City of San Juan Capistrano to serve as its hearing officer for such appeals and I have
conducted appeal hearings in two matters arising under that ordinance. In both cases, one in 2015, the
other in 2016, the owner of the EI Nido Mobile Home Estates, a 151 unit mobile home park, noticed a
rent increase of several hundred dollars per space and the residents appealed. I conducted pre -hearing
conferences with legal counsel for both parties so that the hearings could proceed smoothly, for
example, coordinating the timely exchange of documents and the names of expert witnesses,
determining who had the burden of proof and issuing other pre -hearing orders. Because of the
complexity and number of issues, there were expert witnesses for both sides, resulting in my conducting
the hearings over the course of two days. Following the hearings, I prepared timely detailed Findings,
Conclusions and Recommendations.
Packet Pg. 78
7.d
As stated, the issues in those cases were complex and numerous, including whether the appeal s had
been filed timely, the rent increases exceeded the maximum allowable increase under the ordinance
and the rent increases were required in order for the owner to receive a fair return. Under that City's
ordinance, the hearing officer's decision is advisory to a Committee and then, ultimately, to the City
Council. In both cases, the City Council adopted my decisions as its own. The 2015 case is final; the
owners have challenged the 2016 decision and that matter is still pending in the Superior Court.
Since March 2017, 1 have served as Legal Counsel for the City of Richmond Rent Board. As such, I have
drafted numerous Board regulations to implement the voter approved residential rent control
ordinance, such as tenant relocation benefits, owner move in, withdrawal of the rental unit from the
rental market and warning notices to cease. I provide advice to the Board and Rent Program staff
concerning the interpretation of the Ordinance and its application to factual issues raised by owners and
tenants.
Moreover, for the past two years, I have provided legal services to the City of Alameda concerning
residential rent control issues in that community. I drafted in 2016 the City's Rent Review, Rent
Stabilization and Limitations on Evictions Ordinance and implementing regulations. The City's rent
program is administered by a Rent Program Administrator and staff and I routinely provide legal advice R
to the Program Administrator and to a Rent Review Advisory Committee, a Council appointed p
committee which renders decisions (some of which are binding but subject to a hearing officer process) c
when a rent increase is greater than 5%. a
Compensation. My hourly rate for hearing officer services is $250/hour. Because I live in Northern
California, I would request reimbursement for reasonable travel expenses (air fare, car rental, overnight
accommodations). Travel time would not be charged. (This is the arrangement I have with the City of
San Juan Capistrano.)
Availability. I am generally available during the months of November through January, including evening
meetings.
Additional Personnel. None.
References. Attached.
Insurance. Professional liability insurance coverage is provided through Arch Insurance Company, Policy
Number 11LPL7433705 ($1 M, each claim, $1 M aggregate). I have the automobile insurance coverage
as set forth in the proposed Agreement. I would request that the general liability insurance requirement
be waived as it has no particular application to the services that would be provided and other cities with
which I have similar professional services agreements have agreed to waive that requirement.
Thank you for your consideration of my Responses. Please contact me if you need anything additional
from me.
/s/ Michael H. Roush
Michael H. Roush
Packet Pg. 79
REFERENCES
Proposal # CD 17-18 01
Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer
The following are the names, addresses, telephone numbers and email addresses of three public
agencies for which I have performed work of the same or similar to the services requested in this
proposal.
1. Jeff Ballinger, City Attorney, City of San Juan Capistrano
32400 Paseo Adelanto, San Juan Capistrano, CA 92675
619-525-1343; jeff.ballinger@bbklaw.com
2. Janet Kern, City Attorney, City of Alameda
2263 Santa Clara, Alameda, CA 94501
510-747-4750; Jkern(cDalamedacityattorney.org
3. Nicolas Traylor, Executive Director, City of Richmond Rent Board
440 Civic Center Plaza, Richmond, CA 94804
510-620-6564; ntraylor@ci.richmond.ca.us
3
7.d
Packet Pg. 80
City of
SANTA CLARITA
23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
www.santa-clarita.com
September 25, 2017
Alex Dukhovny
942 N. Gardner St
Apt 105
Los Angeles, CA 90046
Dear Mr. Dukhovny:
Subject: Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer,
Request for Proposal #CD -17-18-01
The City of Santa Clarita received your proposal for the Manufactured Home Park Space Rent
Adjustment Appeal Hearing Officer.
The proposal you submitted is deemed "non-responsive" and is rejected for the following missing
documents/information:
Failure to supply 3 references per the Proposal Instructions and Evaluation and Selection
Factors.
Please contact me if you have any questions at (661) 286-4184.
Sincerely,
Joseph Oerum
Clerk & Contract Services Manager
JO:CS:kh
SAPURCH\Letters and CorrespondanceNon-Responsive — Alex Dukhovny.doc
cc: Tom Cole, Director of Community Development
Erin Lay, Housing Program Administrator
Packet Pg. 81
City of
SANTA GLARITA
23920 Valencia Boulevard • Suite 300 • Santa Clarita, California 91355-2196
Phone: (661) 259-2489 • FAX: (661) 259-8125
www.santa-clarita.com
September 25, 2017
Mark Elfont, Ph.D.
27975 Red Pine Ct
Valencia, CA 91354
Dear Mr. Elfont:
Subject: Manufactured Home Park Space Rent Adjustment Appeal Hearing Officer,
Request for Proposal #CD -17-18-01
The City of Santa Clarita received your proposal for the Manufactured Home Park Space Rent
Adjustment Appeal Hearing Officer.
The proposal you submitted is deemed "non-responsive" and is rejected for the following missing
documents/information:
• Failure to supply 3 references per the Proposal Instructions and Evaluation and Selection
Factors.
• Failure to supply a Statement of Professional Services. c
• Failure to supply an hourly rate of compensation that would be charged for providing w
Hearing Officer services.
• Failure to supply information on availability to conduct Manufactured Home Space Rent
Adjustment Appeal Hearings in the months of November through January. o
Please contact me if you have any questions at (661) 286-4184.
Sincerely,
tc�r
Joseph Oerum
Clerk & Contract Services Manager
JO:CS:kh
S APURCHEetters and Con-espondanceWon-Responsive — Mark Elfont.doc
cc: Tom Cole, Director of Community Development
Erin Lay, Housing Program Administrator
Packet Pg. 82