15-0709_ROUSH, MICHAEL H. _Agenda Report_C1a7/9/2015
C1a
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey Ballinger, City Attorney
DATE: July 9, 2015
SUBJECT: Consideration of Appointing a Hearing Officer to Conduct a Review of the
Proposed Rent Increase for the El Nido Estates Community; Adopt a
Resolution Re-Establishing the Housing Advisory Committee; and
Appropriation of Funds
RECOMMENDATION:
By motion,
1. Appoint Mr. Michael Roush as Hearing Officer for the El Nido Estates Rent
Control Hearings; and,
2. Adopt a Resolution re-establishing the Housing Advisory Committee; and,
3. Appropriate $10,000 from the General Fund Reserves.
EXECUTIVE SUMMARY:
The Municipal Code of the City of San Juan Capistrano, Title 2 Chapter 2, Article 9
establishes a Mobile Home Rent Control Program for Mobile Home Communities
located in the City. Under this chapter annual rent increases are governed by a specific
formula and any proposed rent increase in excess of the .. maximum allowable increase"
is subject to review by a Hearing Officer, Housing Advisory Committee and the City
Council.
On June 4, 2015, the City received the required $500.00 deposit and a valid petition
signed by more than 50% of the residents of the El Nido Estates Community requesting
review of a rent increase in excess of the .. maximum allowable rent increase" for their
community. On June 10, 2015, the City received the required $500.00 deposit from the
property owner to comply with the requirements set forth in Section 2-2.904 (b) of the
Municipal Code.
City Council Agenda Report
July 9, 2015
Pa e 2 of 4
In the interest of completing the rent control review process in as timely a manner as
possible, staff recommends the City Council appoint the Hearing Officer and Housing
Advisory Committee. Additionally, the cost of the Hearing Officer is estimated to be
approximately $10,000 and requires an appropriation of General Fund Reserves to fund
this cost.
DISCUSSION/ANALYSIS:
The duties of the Hearing Officer are described in Section 2-2.903 (a) (b) (c) and the
duties of the Housing Advisory Committee are described in Section 2-2.903 (d). As
described the Hearing Officer will conduct an investigation to determine if the rent
increase in question exceeds the maximum allowable rent increase as defined in
subsection (d) of Section 2-2.902 and if the conclusion is reached that the increase
exceeds the maximum allowable continue the hearing process to receive all relevant
evidence for the purpose of rendering findings and conclusions as to the propriety of the
rent increase in accordance with 2.2-903 (g).
The City Attorney solicited proposals from four individuals with experience acting as a
City Council appointed Hearing Office for consideration of appointment for this rent
control hearing. Below is a brief summary of the qualifications and rates.
NAME RATE RELEVANT EXPERIENCE
Michael Roush $225/hr+ travel • Negotiated a series of Rent Stabilization
expenses (from Agreements between the City of Pleasanton
Pleasanton) and mobile home park owners
• Assumed the lead role in the City of
Pleasanton's negotiation concerning a mobile
home park's conversion to residential
ownership
• Personally handled CaiPERS appeals
Suzanne $170/hr +travel • Served as hearing officer for mobile home
Nusbaum expenses (from Los rent adjustment cases for the City of San
Gatos) Jose
• Served as hearing officer for the City of San
Jose Rent Control Program
• Served as Senior Hearing Examiner, and
Exec Director of City of Brookline, MA Rent
Control Board
• Experienced arbitrator, serves on panels
including American Arbitration Association,
FINRA, and BBB
Michael Lowy $500/hr + travel • Drafted the Mobile Home Rent Control
expenses (from Ordinance for Rohnert Park
Palo Alto) • Served as hearing officer for Hayward Rent
Review Office
• Served as hearing officer for San Jose
Rental Dispute Mediation Agency
• Served as a Mediator on the Palo Alto Rental
HousinQ Mediation Task Force
City Council Agenda Report
July 9, 2015
Pa e 3 of 4
Barry Ross $400/hr • Has not been retained by public agency in
rent control matters
• Has represented private parties in Los
Angeles County regarding rent control
disputes
After reviewing the qualifications and availability to schedule a timely hearing process,
staff recommends the City engage Mr. Michael Roush to conduct the Hearings for the El
Nido Rent Control.
The Housing Advisory Committee is responsible for reviewing the finding of the Hearing
Officer and making a recommendation to the City Council regarding the proposed rent
increase.
FISCAL IMPACT:
The cost of the Hearing Officer is estimated to be approximately $10,000. This cost was
not included in the Fiscal Year 2015-2016 Amended Budget. Therefore, an
appropriation from the General Fund Reserve is needed to fund this cost. As of the
Fiscal Year 2015-2016 Mid-Term Budget Update (presented to the City Council on June
15, 2015), the City's General Fund Reserves (contingency reserve and available
reserve) are projected to be $11.89 million (47.7%) by June 30, 2016. If approved, the
General Fund Reserves are projected to be $11.88 million (47.6%) by June 30, 2016.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
El Nido residents via email
Bruce E. Stanton, Esq.
RobertS. Coldren, Esq.
Thomas Whaling
ATTACHMENT(S):
Attachment 1 -Resume of Michael Lowy
Attachment 2 -Resume of Barry Ross
Attachment 3-Resume of Suzanne Nusbaum
City Council Agenda Report
July 9, 2015
Pa e 4 of4
Attachment 4 -Resume Michael Roush
Attachment 5-El Nido Resident Petition
Attachment 6 -Resolution
2600 EL CAMINO REAL, SUITE 506 • PALO ALTO, CA 94306
PHONE E~MAIL
MICHAEL J. LOWY
PROFESSIONAL WORK EXPERIENCE
Positions Held
2004
Hearing Officer for the City of San Juan Capistrano, California
2003
Hearing Officer for the City of Carpinteria, California.
2000 -Present
1991
1987
Trainer for the Collaborative Law Association
Hearing Officer for the City of Salinas, California.
Code drafted for Mobile Home Rent Control Ordinance for
Rohnert Park.
Jan. 1985-1990
Occasional Adjunct Instructor, Stanford Law School.
Feb. 1984-@ 1990
Hearing Officer (Mediator/Arbitrator), Hayward Rent Review Office.
July 1980-Present
Attorney. Private Practice. Palo Alto, CA
Jan. 1982-Jan. 1984
Senior Scientist, URSA Institute
Nov. 1979-Present
Hearing Officer (Mediator/Arbitrator), San Jose Rental Dispute Mediation
Agency.
Sept. 1978 -Present
Part-time instructor of Anthropology, Administration of Justice, and Paralegal. De
Anza College
Jan 1979-Sept. 1980
1 ATTACHMENT 1
MICHAEL J. LOWY
Director. Northern California Public Interest Research Group.
Spring 1979
Consultant to Legal Service Corporation of Puerto Rico on the Establislunent of
Citizen Dispute Settlement Mechanisms.
Oct. 1978 -June 1979
Evaluation Consultant. Santa Clara County Justice Division Evaluation Unit.
Sept. 1977-Jan. 1978
Law Clerk. San Francisco Neighborhood Legal Assistance Foundation. Bay
View-Hunters Point Office.
1976-1978
Mediator. Palo Alto Rental Housing Mediation Task Force.
June 1976-Dec. 1977
Field Research Consultant. Reactions to Crime Project. Sponsored by
Northwestern University Urban Research Institute.
1973-1975
Adjunct Professor of Anthropology and Law. University of Pittsburgh Law
School.
1970-1975
Assistant Professor of Anthropology. University of Pittsburgh.
Field Experience
1975-1978 Stanford, California
Participm1t observation at the Stanford Law School. Investigation of socialization
strategies and use of social science in legal education.
Jan. 1968-June 1969 Koforidua, Ghana
An ethnographic investigation of the relationship between law, society, and
culture in a changing Ghanaian town. The effects of urbanization on law were
examined by focusing on strategies of conflict resolution in cases brought to
remedy agents.
Jan. 1968 -June 1969
Residence Summer 1966. Big Valley Rancheria, Lakeport, California.
Field Investigator, "Comparative Village Law Project," Dr. Laura
Nader, Director. University of California Subvention funds.
Investigation of the factors responsible for conflict resolution in a Porno Indian
Community.
Visiting Professorships and Conferences (Partial List)
2
MICHAEL J. LOWY
Nov. 2002
Participant, panel on "Conflict resolution between traditional adversaries".
American Anthropological Association. New Orleans, LA.
Jan. 1985
Visiting Professor (Spring Semester). Stanford University Law School.
Nov. 1984
Participant, Panel on "Ethics and Grievances". American Anthropological
Association Meeting. Denver, CO.
July 1984
Participant at the Conference on Marital Mediation. Dominican College.
March 1984
Participant at the Conference on Law and Anthropology. University of San Diego
Law School.
April 1980
Keynote Speaker. Navajo Tribal Bar Association Annual Meeting.
Fall 1977
Visiting Professor of Anthropology. University of California, Berkeley.
Summer 1975
Visiting Professor. State University of New York at Buffalo Law School.
Sept. 1975
Participant at the Afrika-studiecentrum October 4,1974 Conference. "New
Directions in African Family Law," Leiden.
April 1974
"The Choice of Responsibility in the Law: Litigants' Views in Cross Cultural
Perspective." (Paper Read at University of California, Riverside Symposium on
Insanity and Diminished Responsibility).
Summer 1974
Visiting Assistant Professor of Anthropology. Stanford University.
April 1973
Visiting Lecturer. Department of African Studies. University of Notre Dame.
Oct. 1972
Visiting Lecturer. Department of Anthropology. University of North Carolina.
Nov. 1971
Participant at Yale Law School, Program in Law and Comparative Social
Research in Law. A conference held at Yale Law School.
3
MICHAEL J. LOWY
Summer 1971
Visiting Assistant Professor of Behavioral Science and Law. Summer
Institute for Law and Behavioral Science, sponsored by the National
Science Foundation. University of Wisconsin, Madison.
1975-1978
Stanford Law School.
J.D. Degree conferred June 1978.
Member of the State Bar of California.
1965-1971
University of California, Berkeley. Anthropology of Law, North
American Indians, Sub-Saharan Africa.
Field Work: 1968 -1969
Dissertation Title: The Ethnography of Law in a Changing Ghanaian
Town.
Ph.D. Degree Conferred December 1971.
1964-1965
Hunter College.
Anthropology of Law, Comparative Methodology.
M.A. June 1965.
Summer 1963
University of New Mexico
Field School of Archaeology.
1960-1964
City College of the City ofNew York.
Anthropology Major.
B.A. June 1964.
PUBLICATIO.:N .. : .. ~s: ..................................... ~·········-·················· -·-------··············································································-··-·····························--····
Book and Film Reviews
Book Review of No One Will Listen by Lois Forer. Pre-Trial Justice Quarterly. 1(4).
Book Review of Anthropology and Law: A Comparative Theory by Leopold Pospisil.
American Anthropologist. 75( 4). 953-957
"A Rebuttal to Pospisil." American Anthropologist. 75(4): 1173-1174.
4
MICHAEL J. LOWY
Film review of John Marshall's Pittsburgh Police Films. American Anthropologist. 76:
200-205.
Book Review of City Police by Jonathan Rubinstein. Pre-Trial Justice Quarterly. 3(2):
15-16.
Film Review of The Cop is in the Middle. American Anthropologist. 78(4): 956-957.
(With Craig Haney) Bargain Justice in an Unjust World: Good Deals in Criminal Courts?
A book review of Plea Bargaining: The Experience of Prosecutors, Judges and Defense
Attorneys by Milton Huemann. Law and Society Review. (1979). 13(2): 633-650.
Articles
"An Alternative to ARD-New Forums for Conflict Resolution." Pre-Trial Justice
Quarterly. 1(3). 18, 21, 26.
"Modernizing the American Legal System: An Example of the Peaceful use of
Anthropology." Human Organization. 32(2): 205-209.
"Me Ko Court: Studying the Impact of Urbanization on Conflict Resolution in a
Ghanaian Town." In Anthropologists in Cities. G. Foster and R. Kemper (eds.). (1974).
153-178.
(With Salley McLendon) "Eastern and Southern Porno." In The Handbook of American
Indians. ( 1978).
(With Paul Warhaftig) "Mediation at the Police State: a dialogue on the night
prosecutors program-Columbus, Ohio." Pre-Trial Justice Quarterly. 3(4): 37-40.
"The Shrines are There": The Treatment of Sorcery in a Ghanaian Court. Kronick Van
Afrika. I: 38-46.
"The Impact of Assistance Programs on Leadership in an American Indian Community."
(Manuscript in possession of author).
An evaluation of: Justice Under a Willow Tree. 4 Pre-Trial Justice Quarterly, 36.
(With Richard Danzig) "Everyday Disputes and Mediation in the United States: A
Reply to Professor Felstiner." Law and Society Review. 9(4): 675-694 (1975).
"Establishing Paternity and Demanding Child Support in a Ghanaian Town." Law and
the Family in Africa. Simon Arthur Roberts (ed.), pp. 15-37 (1977).
5
MICHAEL J. LOWY
"A Good Name is Worth More Than Money": Strategies of Court Use in Urban Ghana.
The Disputing Process: Law in 10 Societies. Laura Nader and Harry Todd (eds.), pp.
181-208 (1978).
"Efficiency and Community Empowerment: A Short Review of the Cooptation of
Decentralizing the Management of Interpersonal Disputes." Paper read at Law and
Society Association meetings, Minneapolis, Minnesota. May 18-20, 1978.
Final Evaluation Report, Social Advocates for Youth. 64 pp., appendices and charts
(May 1979). Santa Clara County Justice Division, Evaluation Unit.
Final Evaluation Report, Bill Wilson House. 54 pp., appendices and charts. (June 1979).
Santa Clara County Justice Division, Evaluation Unit.
(With Craig Haney) "The Creation of Legal Dependency: Law School in a Nutshell."
The People's Law Review. Ralph Warner (ed.). pp. 36-41 (1980).
"Law School Socialization and the Perversion of Mediation in the United States." 3
Windsor Yearbook of Access to Justice 245-255 (1983).
(With Sandra Wexler, Ernest Fazio, and Douglas Stewart) "Test of Reform: Evaluation
Issues in the Early Representation by Defense Counsel Field Test." Paper read at Law
and Society Association meetings, Denver, Colorado, June 2-5, 1983.
(With Richard Yuster) "Urbanization and Court Usage in Koforidua Ghana."
Proceedings of Anthropology and Law Conference 1984.
Final Evaluation Report. "Early Representation by Defense Counsel Field Test." (with
Ernie Fazio, Sandra Wexler, Thomas Foster, David Sheppard and Juliet Musso) 352 pp.,
appendices and charts (March 1985). The URSA Institute, for U.S. Department of
Justice, National Institute of Justice, Office of Program Evaluation.
Invited Response, "Ethical Dilemma." American Anthropologist Newsletter, p. 20,
February 1985.
"Collaborative Law: A Legal Innovation in Divorce". Paper read at the American
Anthropological Association Meeting, New Orleans, LA, November 2002.
6
MICHAEL J. LOWY
AWARDS
··························································································~-··················································································································
Super Law)rer. 2011-2013. Top So/o of Law-yers in J~orthern California.
Martindale Hubbell A V Rating
Eureka Award. 2007. For contributions to Collaborative Practice in California, presented
by CP Cal (Collaborative Practice California).
Russell Sage Foundation Residency in Law and Society Science. 1975-1976; 1976 --
1977.
ACLS Travel Grant. 1974.
Law and Modernization Fellowship. Yale Law School. 1973-1974.
University of Pittsburgh Faculty Research Grant. 1971.
NIMH Field Research Grant. 1968-1969.
NIMH Pre-Doctoral Fellowship. University of California. 1967-1970.
NIMH Traineeship. University of California. 1966-1967.
Tuition Scholarship. Hunter College. 1964-1965.
PROFESSIONAL SOCIETIES
Fellow of the Society for Applied Anthropology.
Fellow of the American Anthropology Association.
Society for Law and Society.
American Judicature Society.
Founding Member of the Collaborative Law Association
COMMUNITY ORGANIZATIONS
Internal Review Board, Pacific Graduate School of Psychology, Palo Alto, California,
2003 to present.
Founding Member of Collaborative Practice Silicon Valley (CPSV) formerly The
Collaborative Law Association. Corresponding Secretary 1993-2003, President 2003 ·-
2004.
San Mateo County Advisory Committee on Alternative Dispute Resolution,
1989-2003.
Member of the Board, Stanford Public Interest Law Foundation, 1984 to2000.
Trustee, Santa Clara County Bar Association, 1995-1996
Member of the Board, CASA SAY, Mt. View, California, 1982-1984.
7
MICHAEL J. LOWY
REFERENCES
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Dr. Laura Nader, Professor, University of California, Berkeley.
Dr. Elizabeth Colson, Professor, University of California, Berkeley. (Retired).
Dr. Craig Haney, Professor of Psychology, University of California, Santa
Cruz.
Dr. Richard Abel, Professor of Law, University of California, Los Angeles.
Professor Lawrence Friedman, Professor of Law, Stanford University.
Dr. Mick Sullivan, Social Science Division, DeAnza College.
8
2 VENTURE, SUITE 450
IRVINE, CA 92618
Sent Via E-Mail:
Victoria.Hester@bbklaw.com
June 11,2015
Victoria D. "Tori" Hester, Esq.
Best Best & Krieger, LLP
655 West Broadway, 15th Floor
San Diego, CA 92101
RE: Hearing Officer
Dear Ms. Hester:
BARRY A. ROSS
A PROFESSIONAL CORPORATION
www,rossrealestate!aw,com
Thank you for contacting me in connection with the position of hearing officer for the City of
San Juan Capistrano.
As you requested, I am enclosing my curriculum vitea.
My specialty is public agency real estate matters. This includes transactions, litigation and
pem1itting. This includes the representation of public agencies and private parties. I have taught
courses on Landlord-Tenant Law at EI Camino Community College.
While I have not been retained by any public agency in connection with rent control matters, I
have represented private parties in Los Angeles County with rent control disputes in the cities of
Los Angeles and Santa Monica.
I am currently serving as a hearing officer for the City of Santa Ana. I have previously served as
a hearing officer for the City of Lake Forest
Please give my regards to Sonia Carvalho.
If you wish to receive any additional information, please contact me.
Very truly yours,
~.A.~
BARRY A. ROSS
BAR:kj
Enclosure
ATTACHMENT 2
December, 1973
EXPERIENCE
3/86 to Present
]/80 to 8/86
12178 10 3/80
6176 to 12178
7174 to 6/76
8/73 to 7174
EDUCATION
BARRY A. ROSS
A PROFESSIONAL CORPORATION
2 Venture, Suite 450
Jrvine, Ciilifornia 92618
)YWW.:Iillil!:~a1estatelaw~~Oln
e-mail: ·
Admitted to California Bar (State Bar No. 58166)
.Q~llfi@..LPL?&.tke.. Real estate litigatlon~ transactions and development. Represent rea.!
estate brokers, property O\Vners, commercial tenants, developers, public agencies and
msurance companies; presented land use matters to Planning Commissions a.nd City
Councils: laud use litigation; municipal code enforcement; community association
matters.
J&n!d!yJ:iry_Attorney, City of Long Beach. Represented the Redevelopment
Agency, the Housing Authority and the Department of Community
Development; supervised outside counsel; negotiated and drafted real estate
development agreements and related documents; negotiated and litigated CalifOmia
r.::nvironmenlal Quality Act issues.
McDonough, T·Iollflild and AHen~ .. S.§.cramento, CalifonJi5-t(now kuown a$.~J3~9_t~-·~Ji_t &
Krieger). Established the Southern Califomia branch of!lce in Newport Beach;
represented cities and other government agencies throughout' Southem California;
negotiated and drafted real estate development agreements and related documents;
negotiated and litigated California Environmental Quality Act issues.
J&nuty City Attorney, City of Hawthorn~. Extensive jury and non-jury trial
experience as civil litigator1 criminal prosecutor and municipal code enforcement
officer in Municipal and Superior Courts; represented Planning Commission.
General Practice. Civil litigation, contracts and real estate.
Los .Angeles Countv Superior COlJrt. Sout-hwest and West Districtq_. L1w Cle.rk.
Loyola University, June 1973: J.D.
University of California Bl Los Angeles, June 1970: B.A.
PUBLICATIONS
Representinrt Real E~itate Developers BetQr.Q,PubliQ Agenci~,
Orange County Lawver, September 1988.
An lntroduc;.tion tpJlminent Domain,
Orange County Lmvyer, August 1994.
1
BARRY A-ROSS
PBge 2
Q.~Y~l2P~~]i.illl.!il1)il!litU.t CQ lJJJI:t unity i\s s o_(,;i.&.i91l,
Cmwnunily Assocforiow lnstirwe. March/April 1999.
ft~"(\:)f.lL~~t;:Y.~loprnenls in.)iqm_@_Wner Asso<;iatiol!. Law ... A Shift in the B.?J.§D.£9 ofJ2m~:,
Orauge Countv LOHJfl', May 2.006.
PUBLISHED APPELLATE COURT DECISIONS
Long Beach Sa1.'ings & Loan Association v. Long Beach Redendopmew Agemy (1986)
l 88 CA3d 249 (adequacy of an envirm11nental impact report).
People ex rei. Department ofTramportatioll ,1• Tanczos (1996) 42 CA 4111 1215
(admissibility of development plans).
Be/miwa/1·. Mix (2004) 124 Cai.AppAth 987 (standard applicable to e'11unging
a lis pendens on appeal).
Behniwa/ 1', 1vfix (2005) 13 3 Cai,App Ath 1 027 (specifrc performance action of a real
estate purchase contract against a seller based on ratification where the seller did not ~ign the
contract).
Belmiwal 1'. Superior Court (2005) 133 CaLApp.4th 1048 (exceptional circumstances for maintaining a lis
pendens on appeal).
Behniwa/F. Mix (2007) 147 Cal.App.4'" 621 (attorneys fees are not deductible from the purchase
price in a specific perfonnance action~ award of attorneys fees of $250,000 was reasonable),
Cabrera 1', A/am (2011) 197 Cal.App.4tb l 077 (applicability of SLAPP statute to fanner President of
Community Association as limited purpose public figure).
PROFESSIONAL ORGANIZATIONS
Orange County Bar Association, Real Estate Section and Business Litigation Section
OTHER PROFESSIONAL EXPERIENCE
Taught law school, college and continuing education courses in Real Estate Law, Real Estate Practice and
Procedures, Agency and Ethics.
Taught Annual Lorman Educational Seminars on Easements and Land Use.
Lecturer, Real Estate Section. Orange County Bar Association.
Lecturer, Orange County City Attomey Association.
COMMUNITY ORGANIZATIONS
Woodbridge Village Association, fmn1er Director and former President (10,000 homes; 30,000 residents; S8
million budget) 1993-2009
2
Los Gatos, CA 95030
Hon. Suzanne K. Nusbaum, FCIArb
lmpartia
Mobile Home Hearing Officer Experience:
Oak Crest MHC, LP, Case# 13133, a 158 space mobilehome park rent adjustment case,
pursuant to the City of San Jose Mobilehome Rent Ordinance, determining a fair and
reasonable return, decided June 2, 2015. Attorney Anthony C. Rodriguez appeared for the
park owner. Attorney Bruce Stanton for some mobilehome owners. Other mobilehome
owners appeared through a lay mobilehome owner.
COLONIAL MOBILE MANOR LLP, a 207 space mobilehome park rent adjustment
case, pursuant to the City of San Jose Mobilehome Rent Ordinance, determining a fair
and reasonable return, decided April4, 2012. Attorney Anthony C. Rodriguez appeared
for the park owner. Attorney Bruce Stanton for some mobilehome owners. Other
mobilehome owners appeared prose.
Other Rent Control Experience:
San Jose Rental Rights and Referrals, Hearing Officer, Arbitrator and Mediator, 2005 to
date.
Executive Director, former Senior Hearing Examiner, Brookline MA Rent Control
Board, 1988-1992 .
.Judicial Experience:
Administrative Law .Judge, Massachusetts Industrial Accident Reviewing Board, 1992-
2000.
Commissioner, Maine Workers' Compensation Commission. 1981-1988.
Education:
Santa Clara University School of Law, Santa Clara, CA, LL.M.
Boston University School of Law, Boston, MA, J.D.
Smith College, Northampton, MA, B.A. cum laude
Bar Admissions:
California, Massachusetts (inactive), Maine
U.S. District Courts for the Northern District of California and the District of Maine
U.S. Court of Appeals for the Federal Circuit.
For more information, see www.imj2])rtia.co_m.
Page l of l
ATTACHMENT 3
Michael H. Roush
Attorney at Law
Pleasanton, CA 94566
June 17, 2015
JeffreyS. Ballinger
Best Best & Kreiger
655 West Broadway
lS'h Floor
San Diego, CA 92101
Re: Letter of Qualifications: Hearing Officer
Dear Mr. Ballinger,
In response to your recent post concerning the City of San Juan Capistrano's need for a Hearing Officer
related to mobile home park issues, I am submitting this brief Letter of Qualifications.
I served as the full time City Attorney for the City of Pleasanton for 21 years, retiring in 2009. Currently,
I am of counsel with the law firm of Renne Sloan in San Francisco and, through that firm, serve as the
contract City Attorney for the City of Brisbane. I have also worked part time for numerous cities
including Stockton, Alameda, San Luis Obispo and San Ramon.
I have also served as a Hearing Officer for numerous cities including East Palo Alto (residential rent
control), Walnut Creek (administrative citations), Hayward (rent differentials) and Albany (medical
marijuana). I have also served a judge pro temp in Alameda County for 17 years.
Experience in Mobile Horne Park Matters
On behalf of the City of Pleasanton, I personally negotiated a series of Rent Stabilization Agreements
between the City and the mobile horne park owners that resulted in mobile home park rents remaining
affordable for mobile horne park residents, allowed the park owners to receive a fair return on their
investments and kept the City out of litigation concerning rent control. Key to those negotiations was
developing a formula-acceptable to the residents and the park owners-that included reasonable
annual rent increases for existing residents but allowed a park owner a larger increase when a new
resident moved Into the park.
I also assumed the lead in the City's negotiation efforts concerning one park's conversion to residential
ownership. Although many residents opposed the conversion (the park is an age restricted park and
most residents had no interest in purchasing their "lots"), the City reached agreement with the park
owner that defers conversion for a number of years but, even after conversion, protects the rents of the
current residents who elect not to purchase a lot.
ATTACHMENT 4
Experience in Administrative Hearings
In addition to my experience as a hearing officer as set forth above, I have represented the cities for
which I have worked in numerous administrative proceedings. For example, I personally handled
appeals concerning contested disability retirement applications and disputes with CaiPERS over
retirement issues. I have represented cities in disciplinary matters and have served as an advisor to Civil
Service Commissions when disciplinary matters have been before those Commissions.
Hourly Rate
My hourly rate for services would be $225/hour.
I have been brief in the interest of providing this information to you in a timely way. If you would like
additional information or wish to speak to me in person, please let me know. Thank you for your
consideration of this Letter of Qualifications.
.--}vII ciA aul Jl/lct~JL
Michael H. Roush
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECEIVED
JUN 0 3 2015
Qiljlibo qj;statc~ 3S.~ibeut~ PLANNING DEPT.
27703 ®rtega ~iJibli.Jap
~an ~umr «:apilitl:auo, «:1!! 1}2675
Attention: Laur-a Stokes, Housing Coordinator/Assistant Planner
Subject: Owner's Notice of Mobile Home Space Rent Increase, Dated May 13,2015.
Reference: El Nido Estates, 27703 Ortega Highway, San Juan Capistrano, CA 92675
Dear Laura Stokes,
The concerned residents of the El Nido Estates, in accordance with the City of San
Capistrano's Rent Control Regulation (Municipal Code Section2-2.903), are respectfully
submitting their petition, signed by residents (home owners), inhabiting more than 80%
of the park's mobile home spaces, opposing the proposed space rental increase. TI1e
signed petitions are included with this letter, along with our check for $500.00 for the
filing fee as specified and required.
Thank you for your assistance with this situation. lfthere is something more that we need
to submit with this petition, or if you have any questions or comments with regards to this
matter, please contact the undersigned.
Thomas Perrin, Jr.
Steering Group Chairperson
El Nido Estates ReE:ident
27703 Ortega Highway,
San Juan Capistrano, CA
1 ATTACHMENT 5
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
2
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
3
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
4
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
Resident Name
5
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
6
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
ber
7
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
Resident Name
8
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobi1e home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
9
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
Resident Name
10
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
in San Juan Capistrano, are opposed to the proposed rent increase. This petition
against the proposed rent increase is being submitted in accordance with the City's
Rent Control Ordinance in order to initiate the Hearing Officer review of the proposed
increase.
11
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
12
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
r Resident Name
13
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed incease.
14
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer review of the proposed in cease.
15
fL IJoo i~'vi&k ~vtre:s
We the undersigned, as residents of~\1Nioo~1A"'ft;->;U.C)nobile
home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being
submitted in accordance with the City's Rent Control Ordinance in
order to initiate the Hearing Officer review of the proposed increase.
r
16
el. IS li::}D ~~l~ \?s.-rAik-:5
We the undersigned, as residents of(j:W.& &!fi£1)\2:S-rAreEulL~ mobile
home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being
submitted in accordance with the City's Rent Control Ordinance in
order to initiate the Hearing Officer review of the proposed increase.
17
a_ 1\\~tW ~'cl£ll€ \?~~
We the undersigned, as residents of(/w&-€L0t{1{[) ~True;,W:;)mobile
home park in San Juan Capistrano, are opposed to the proposed rent
incrAal::e Thk m:.titinn ,.,,.in<:>f the nrnpocorl ront inf'ra<:>co ic hAinn ,. , "•...,; --. , • """" f'""""'"''"''.._..' • ..,...~.....,~~ '""'" .. , 1 ,...,, '-"' """'""""" I VI t\. II lVI VUVV I~ )..lVIII~
submitted in accordance with the City's Rent Control Ordinance in
order to initiate the Hearing Officer review of the proposed increase.
Resident Name • • • 0!_ -
------
18
We the undersigned, as residents of El Nido Mobile Estates (aka El Nido Estates, LLC)
mobile home park in San Juan Capistrano, are opposed to the proposed rent
increase. This petition against the proposed rent increase is being submitted
in accordance with the City's Rent Control Ordinance in order to initiate the
Hearing Officer revievv of the proposed incease.
19
RESOLUTION NO. 15-07-09-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO RE-ESTABLISHING THE HOUSING ADVISORY
COMMITTEE
WHEREAS, The City Council of the City of San Juan Capistrano ("City") may
establish commissions and boards pursuant to Title 2, Chapter 2 of the San Juan
Capistrano Municipal Code ("Municipal Code");
WHEREAS, The Housing Advisory Committee is necessary to facilitate the
mobile home rent control petition and hearing process regarding rent increases
described in Municipal Code section 2-2.903;
WHEREAS, The City ordinance which previously established the Housing
Advisory Committee was repealed by Ordinance No. 1001, adopted February 19, 2012;
WHEREAS, In order to facilitate the mobile home rent control petition and
hearing process regarding rent increases, the City Council now desires to re-establish
the Housing Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby re-establish the Housing Advisory Committee, as follows.
SECTION 1. Created. A Housing Advisory Committee for the City is hereby
created.
SECTION 2. Membership. The Housing Advisory Committee shall consist of
three (3)-five (5) members appointed by the City Council of City residents.
SECTION 3. Duties.
have the following duties,
incidental thereto:
The Housing Advisory Committee shall undertake and
responsibilities, and functions, together with the powers
a. Meet upon receiving Hearing Officer findings relating to the propriety of
rent increases brought into issue by the filing of a petition by residents of
or an owner of a mobile home park, and to conduct a de novo review of
Hearing Officer findings for the purpose of making its own
recommendation regarding the propriety of rent increases to the CounciL
b. To undertake such other duties as may be assigned by the City CounciL
I ATTACHMENT 6
PASSED APPROVED, AND ADOPTED this 9th day of July 2015.
DEREK REEVE, MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
APPROVED AS TO FORM:
City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing Resolution No. 15-was duly adopted by the City Council of the
City of San Juan Capistrano at a regular meeting thereof, held the 2nd day of June,
2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARIA MORRIS, City Clerk
3