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LOFTIN I BEDELL P.C. Honorable Mayor and Councilmembers City of Santa Ana October 13, 2022 Page 2 of 5 as well as the legal issues raised by the JS/JCE Ordinance. This is an important Ordinance that will significantly impact the affordable opportunity mobilehome parks currently provide to the residents of the City of Santa Ana. This letter focuses solely on issues relating to conflicts within the ordinance, non -substantive corrections needing to be put in place and laws specifically relating to mobilehome parks. Separate, substantive, and legal issues are raised in the adjoining letter regarding violations of the Brown Act, substantive due process claims and equal protection issues, which letter is provided concurrently with this correspondence. Additionally, reference is made to the correspondence from this Firm dated September 30, 2022, regarding the JS/JCE Ordinance. All legal issues, comments and concerns raised in such correspondences are reiterated herein as though set forth In full. As has been noted on the dais, mobilehome parks present a unique and distinct landlord tenant relationship wherein the applicable laws are only those that apply to mobilehome parks. The structure of the landlord tenant relationship is so unique that special care needs to be made to ensure the City's RS/JCE Ordinance incorporates, reflects and gives necessary deference to that uniqueness. The proposed amended RS/JCE Ordinance reflects the validity of the arguments presented in the litigation and the proposed amendments take necessary steps to bring the laws into compliance with state and federal laws and regulations, as specifically detailed in that litigation; however, further modifications are necessary.' MODIFICATION OF NEW SECTION 8-3104 The addition of Section 8-3104 in the JC/RSO Ordinance takes important steps to ensure that the laws specifically affecting and wholly controlling the landlord tenant relationship in mobilehome parks is clearly and expressly preemptive of anything within the JC/RSO. However, additional laws regulating mobilehome parks should be expressly included within this provision. As such we recommend the section be revised to read as follows: "Section 8-3104 — Mobilehome Park Applicable Laws The provisions of this Article shall not supersede the regulation so the state Mobilehome Residency Law, Civil Code sections 798 et seq, Mobilehome Parks Act, Health and Safety Code Sec. 18200 et seq., the Manufactured Housing Act, Health and Safety Code Sec. 18000 et seq., and the implementing regulations at Title 25, 25 Cal. Code of Regs. Sec. 1000 et seq, as is applicable. If there is any conflict between the tenns of this Article and such laws, such laws shall prevail. JUST CAUSE EVICTION A. Section 8-3120(i) should be deleted in its entirety. This provision was amended to remove the provision that the sale of a mobilchome park is included in the term of a change of use under 'Kingsley et al v. City of Santa Ana, U.S. District Court for the Central District of California, Case No, 8:22-CV-0076-CJC- JDEx (the "litigation" or "pending litigation").