Resolution Number 15-10-26-01RESOLUTION NO. 15-10-26-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING THE APPEAL FROM
CALLAHAN AND BLAINE, REGARDING "EL NIDO MOBILE HOME
ESTATES RESIDENT RENT PROTEST PETITION" AND UPHOLDING
THE ACTIONS/DISCUSSIONS OF THE HOUSING ADVISORY
COMMITTEE
WHEREAS, on September 28, 2015, appellants Callahan & Blaine filed an
appeal on behalf of their clients, Richard Worley and EI Nido Mobile Home Estates,
which appeal challenged nine (9) actions/discussions of the Housing Advisory
Committee (HAC); and,
WHEREAS, on September 14, 2015, the HAC conducted a meeting at which four
items were on the agenda: (1) selection of officers; (2) adoption of HAC bylaws; (3)
approval of regular meeting dates; and (4) a discussion of rent control hearing
protocols; and,
WHEREAS, on that date, the HAC selected its officers, adopted its bylaws,
approved its meeting dates, and generally discussed protocols for mobile home rent
control hearings; and,
WHEREAS, following the September 14, 2015 meeting, on the evening of
September 14, 2015, the appellants alleged in an e-mail, that the HAC's discussion of
the rent control protocols was broader than described on the HAC agenda; and,
WHEREAS, at 9:19 a.m. on September 16, 2015, the appellants made an e-mail
demand to cure such alleged violation of the Brown Act. At 11:38 a.m. on September
16, 2015, the City Attorney advised the appellants by e-mail that, although he did not
believe there was a Brown Act violation, in the interests of transparency, he would
recommend that the HAC re-agendize the subject item (Mobile Home Rent Control
Hearing Protocol); and,
WHEREAS, when the HAC convened its September 16, 2015, meeting, the
appellants expanded the scope of their Brown Act objection, so as to also cover the
September 14th adoption of the HAC bylaws. As such, the City Attorney recommended,
and the HAC approved by a unanimous vote, the addition of both items (Bylaws
Adoption and Hearing Protocol discussion) to the September 16, 2015, HAC agenda;
and,
WHEREAS, this was done based on the findings of the HAC that there was a
need to take immediate action and that the need for action came to the attention of the
City after the agenda was posted. The need for immediate action was based on the fact
that the September 16, 2015, HAC agenda included the substantive review of the
hearing officer's rent control recommendation, which would be reviewed by the
Page 1 of 4 10/26/2015
Committee based on adopted HAC bylaws and with consideration of the general
discussion regarding rent control protocol. The agenda for the September 16, 2015,
HAC meeting was posted on Friday, September 11, 2015, at approximately 1:19 p.m.
The appellants made their demand for a cure of the alleged Brown Act violation on
September 16, after the agenda was posted; and,
WHEREAS, on September 25, 2015, the appellants left a telephone message
regarding a forthcoming appeal with Sergio Klotz, Acting Development Services
Director; and,
WHEREAS, on September 28, 2015, the City Clerk's Office received a Notice of
Appeal from appellants regarding "EI Nido Mobile Home Estates Resident Rent Protest
Petition"; and,
WHEREAS, as set forth in Municipal Code section 1-4.04, at the hearing on an
appeal pursuant to that section, "the appellant shall show cause on the grounds set
forth in the notice of appeal why the action appealed from should not be approved"; and,
WHEREAS, at its regular meeting of October 20, 2015, the City Council set this
matter for hearing, for the adjourned regular meeting of October 26, 2015; and,
WHEREAS, on October 26, 2015, the City Council conducted a duly noticed
hearing, in accordance with San Juan Capistrano Municipal Code sections 1-4.01 et
seq., at which time all persons wishing to be heard were afforded an opportunity to be
heard; and,
WHEREAS, on October 26, 2015, the City Council thoroughly considered the
written and oral evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Juan Capistrano does hereby adopt the above -referenced recitals, as though fully set
forth herein; and,
BE IT FURTHER RESOLVED that the City Council does hereby deny the appeal
from Callahan and Blaine regarding the "EI Nido Mobile Home Estates Resident Rent
Protest Petition", and upholds the actions/discussions of the Housing Advisory
Committee, based on the following findings, conclusions and rationale:
Items 1 through 3 identified within the notice of appeal are determinations
made by the HAC that there was an immediate need to take action to
correct alleged Brown Act violations. City staff and the City Attorney did
not, and do not, believe that there were any Brown Act violations, and the
City Council concurs in that determination. The HAC added those items
to the September 16, 2015, meeting, so that the HAC could thereafter
conduct the legally required review of the rent control recommendations.
Those items were added because appellants contested their valid
Page 2 of 4 10/26/2015
adoption/discussion at the prior HAC meeting. Therefore, there is no
reason why those actions/determinations should be overturned;
• Item 4 of the appeal is described by the appellants as the approval of the
HAC bylaws, "generally". The appellants' appeal does not explain why
those bylaws should not have been adopted, or how they were improperly
adopted. San Juan Capistrano Municipal Code section 2-2.107 provides,
"Each commission and board shall adopt rules for the transaction of its
business...." There is nothing in the bylaws that would be inconsistent
with the City's Municipal Code, and in fact, the bylaws carry out the intent
of Section 2-2.107. Therefore, the City Council finds and determines that
it was well within the HAC's authority to adopt the bylaws, as presented.
Therefore, there is no reason why this action should be overturned;
• Appellant's item 5 is a challenge to the adoption of the HAC bylaws.
Appellants state that the adoption of the bylaws "materially affect and alter
City of San Juan Capistrano Municipal Code — Title 2, Chapter 2, Article 9,
Section 2-1.901." Appellants have failed to demonstrate how the approval
of the bylaws alters such code section. San Juan Capistrano Municipal
Code section 2-2.107 specifically authorizes the HAC to adopt rules for
the transaction of its business, and the bylaws carry out the intent of that
Code section. Therefore, there is no reason why this action should be
overturned;
• Item 6 is a challenge to the HAC's action of "approving the Mobile Home
Rent Control Hearing Protocols". The City Council finds and determines
that the "Hearing Protocols" agenda item was a discussion item only.
There was no action, much less an action approving any protocols.
Therefore, there is no need to overturn such "discussion" item; and
• Items 7, 8 and 9 identified within the notice of appeal are not appealable
pursuant to Municipal Code sections 1-4.01 et seq., because those items
have an appeal/review procedure that is otherwise specifically set forth in
the Mobile Home Rent Control provisions of the Municipal Code. San
Juan Capistrano Municipal Code section 1-4.01 provides that the default
appeal process is available "except where an appeals procedure is
otherwise specified in this [Municipal] Code.";
BE IT FURTHER RESOLVED that the City Council finds that this appeal is
exempt from review under the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment. It can be seen with
certainty that there is no possibility that the appeal in question may have a significant
effect on the environment. Therefore, the appeal is not subject to CEQA (Section
15061(b)(3) of the CEQA Guidelines), and staff is directed to file a notice of exemption.
Page 3 of 4 10/26/2015
PASSED, APPROVED, AND ADOPTED this 261h day of October 2015.
ATT
DEREK REEVE, MAYOR
T:
I
MART O IS, C CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 15-10-26-01 was duly adopted by the
City Council of the City of San Juan Capistrano at an Adjourned Regular meeting
thereof, held the 26th day of October 2015, by the following vote:
AYES: COUNCIL MEMBERS: Perry, Patterson and Mayor Reeve
NOE COUNCIL MEMBERS: None
AB : COUNCIL MEMBERS: Ferguson and Allevato
Page 4 of 4 10/26/2015