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Honorable Mayor and City Council Persons City of Santa Ana Hearing: October 4, 2022; Item: 25 September 30, 2022 Page 7 of 11 (1) Subparagraph (a) l) requires a notice of termination to be served in accordance with Civil Code §§ 1946 — 1946.5; however, the Mobilehome Residency Law is preemptive of such ordinances and expressly sets out the content, manner and service of all termination notices within a mobilehome park. (2) Subparagraph (a)2) prohibits the Owner from accepting rent after the notice of a termination has expired "in compliance with Civil Code section 1945 through 1946.5" however, mobilehome park tenancies are exclusively governed by the Mobilehome Residency Law. (3) There is internal conflicting language in that subparagraphs (a)1) and (a)3) require notice that a tenant's occupancy is being terminated in accordance with 8-3120(b); however, mobilchome park tenancies are expressly excluded from the termination requirements in 8- 3120(b). Since a mobilehome park tenants' occupancy is not governed by 8-3120, the park owner cannot and should not be required to give notice relating to such compliance. (4) Submittal of the termination notice within five days of service upon the resident to the City (i) makes the notice now subject to disclosure through the public records act process, and (ii) does not take into consideration that tenants may comply with a notice to pay or cure prior to a termination being triggered. Such provisions create a disclosure risk of confidential information about tenancies which are otherwise protected under California law. C. Section 8-3122 Retaliatory Eviction and Anti -Harassment. Section (b)(9)(A)(iii), and (b)(12). This proposed language appears to conflict with California law that provides state regulation of the formation of contracts and notices in foreign languages. In particular, Cal. Civ. Code § 1632 was intended to only regulate "[a]ny person engaged in a trade or business who negotiates primarily [in one of the named foreign languages]." Cal. Civ. Code § 1632(h)(1). It also specifically exempted contracts negotiated "through the party's own interpreter." Id. The proposed subparagraph have the effect of making requiring a landlord to prepare leases in a tenant's primary language or else having such failure be deemed harassment of the tenant -- this conflicts with state law and imposes substantial additional costs and burdens on landlords beyond the state intended laws. As noted above, although the amendment proposes and attempts to satisfy the issues, claims and causes of actions raised in the pending litigation, and demonstrates the City's acknowledgement of the accuracy of claims raised, the proposed amended ordinance continues to require corrective work to avoid preemption by the various laws specifically impacting mobilehome parks; being vague and ambiguous and constituting an unlawful taking in violation of the constitution. RENT STABILIZATION ORDINANCE First, we appreciate the numerous changes ostensibly made in response to the pending litigation. We respectfully submit the following comments for consideration to the new proposed language. The prior rent adjustment procedure clearly "[withheld] powers by which the [City Manager] could adjust maximum rents without unreasonable delays and instead [required] the [City Manager] to follow an Kingsley — 426 Santa Ana Ordinances