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Honorable Mayor and City Council Persons
<br />City of Santa Ana
<br />Hearing: October 4, 2022; Item: 25
<br />September 30, 2022
<br />Page 2 of 11
<br />set forth: (i) for the City Council Hearings on September 21, 2021, October 5, 2021, October 19, 2021,
<br />adopting Rent Stabilization Ordinance, NS-3009 (RSO) and Just Cause Eviction Ordinance, NS 3010;
<br />(ii) September 6, 2022, Resolution No. 2021-054, Adoption of the Long -Term Implementation Plan and
<br />direction of direction from City Council; (iii) for preparation and completion of the Staff Report and all
<br />documents, exhibits, correspondence (electronically transmitted and hard copies), in the City records
<br />related to in connection with this matter in consideration of the matter before you, "Item 25" comments,
<br />documents, communications submitted for consideration or preparation of the Staff Report whether by
<br />City elected officials or City personnel, consultants, including RSG, experts; members of the public
<br />submitted to the City; the Staff Reports and all public records.
<br />This Opposition is an objection and challenge to the inaccurate findings that are the basis behind
<br />the proposed amendments and facts that lead to the proposed amendments leading to the RS/JCE
<br />Ordinance. Additionally, this Opposition objects to the legal basis for the proposed RS/JCE Ordinance,
<br />and the provisions therein, to the extent they violate, directly conflict with, or are preempted by as they
<br />violate and/or directly conflict with numerous state and federal statutes, and the case law related thereto,
<br />including without limitation, a local jurisdiction's authority to enact ordinances attempting to supersede
<br />and/or amend such laws. i
<br />The following "bullet points" relate to the application of the RS/JCE Ordinance to Mobilehome
<br />Parks. They are intended to be illustrative, but not inclusive, of all objections to the respective RS/JCE
<br />Ordinance. Our clients reserve all objections and rights under state and federal law, and the case law
<br />interpreting the same. For clarity, the discussion below is divided into three sections: the Implementation
<br />Plan, common comments to the Definitions, the Just Cause Eviction components, and the Rent
<br />Stabilization components.
<br />As background, mobilehome parks within the state of California are governed by an extensive
<br />and exclusive body of law and regulations, including, without limitation, the Mobilehome Residency
<br />Law, Civil Code Section 798 et seq., the Mobilehome Parks Act, Health and Safety Code Sec. 18200 et
<br />seq., the Manufactured Housing Act, Health and Safety Code Sec. 18000 et seq., and the implementing
<br />regulations at Title 25, 25 Cal. Code of Regs. Sec. 1000 et seq. Except where local law is allowed to
<br />regulate, the laws relating to the mobilehome park landlord -tenant relationship, including notices, lease
<br />terms, and termination provisions; the condition and maintenance of the mobilehomes; and the amount,
<br />manner and method of utility charges against tenants, are set forth in an extensive body of law. This
<br />body of law is preemptive of local regulation with limited exceptions. The gravamen of the litigation by
<br />and between our clients and the City relate to the original adoption of the RS/JCE Ordinance, the manner
<br />in which they conflicted with and were preempted by the state and federal body of law, and the impact
<br />thereon.
<br />The proposed amended RS/JCE Ordinance reflects the validity of the arguments presented in the
<br />litigation and the proposed amendments take necessary steps to bring the laws into compliance with state
<br />and federal laws and regulations, as specifically detailed in that litigation.2
<br />1 See, Correspondence dated October 1, 2021 from LofkinlBedell P.C. to the Honorable Mayor and Council Persons
<br />incorporated hereat as though fully set forth;
<br />2 Kingsley et al v. City of Santa Ana, U.S. District Court for the Central District of California, Case No. 8:22-CV-0076-
<br />CJC-JDEx (the "litigation" or "pending litigation").
<br />Kingsley — 426 Santa Ana Ordinances
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