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Correspondence - #21
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08/29/2023 Special
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Correspondence - #21
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10/25/2023 12:56:43 PM
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8/28/2023 3:28:39 PM
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City Clerk
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8/29/2023
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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTORNEYS AT LAW <br />City of Santa Ana <br />August 28, 2023 <br />Page 4 <br />ideals by any vote. <br />The procedure to change the charter is set forth in the charter, itself. See, Santa Ana city <br />charter, § 1500 (below). If the city proposes to change the rent control law by imposing a super <br />majority vote, a charter amendment is required. A charter amendment would be required to <br />specify that ordinances having to deal with compulsory government interdiction of rental prices <br />may only be entertained upon a super majority vote, when and if approved by the electorate. <br />Sec. 1500. - Amendments to charter. <br />Amendments to this charter shall be proposed and submitted to the electors of the <br />City in the manner provided by the Constitution of the State of California. <br />Without an amendment to the charter, the Council would be violating its terms and <br />subject to criminal prosecution. The charter says: <br />Sec. 1501. - Violations. <br />The violation of any provision of this charter shall be deemed a misdemeanor and <br />be punishable upon conviction in the same manner as provided in the Penal Code <br />of the State of California as the same now reads or as hereafter amended. <br />(Ord. No. NS-2074, § 9, 8-6-90, approved at election 11-6-90)4 <br />The legislative privilege would not apply to actions which require city Council approval, <br />when the policy to do so promotes the violation of civil rights. Each individual Council member <br />is subject to punishment in the event that the ordinances squelch on the grounds that its effect <br />would be to deprive the citizens of Santa Ana have the right to vote, and to deprive the <br />mobilehome park owners have the right to enforcement of ordinances duly enacted in accordance <br />with the majority vote requirements of the charter and the government code. These are the <br />policies subverted by intended proposed and collective effort of individuals sitting on the city <br />Council. <br />Due to the importance of indicating the rights to enforce democracy, the city would be <br />liable for private attorney general attorneys fees for the actions taken to set aside and squelch the <br />subversive legislative tactics sought to be employed by passing the proposed ordinance. Santa <br />Ana would be hard-pressed to explain to the taxpayers why they are footing the bill for the illicit, <br />4 The ordinance would also be a violation of the state law which provides: Government Code <br />§36900. Violation as misdemeanor or infraction; Prosecution or redress; Penalties "(a) Violation <br />of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation <br />of a city ordinance may be prosecuted by city authorities in the name of the people of the State of <br />California, or redressed by civil action." <br />
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