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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 14 <br />bereft of merit as a matter of law. By way of illustration and not exhaustion, the recital set forth <br />the following: <br />The findings in Ordinance No. NS-3009 and Ordinance No. NS-3010 articulate <br />that significant rent increases and housing instability pose a threat to public <br />health, safety and welfare, and a particular hardship for senior citizens, persons <br />living on fixed incomes, and other vulnerable persons living in Santa Ana. These <br />findings are still true and incorporated herein. <br />F. Since the adoption of the RSO and JCEO, Santa Ana residents have made <br />multiple reports about landlords who have refused to comply with the law relating <br />to rent increase and improper evictions. <br />G. Requiring supermajority approval for changes to certain provisions in Article <br />XIX in Chapter 8 of the Santa Ana Municipal Code pertaining to the RSO and <br />JCEO shall help to provide tenants, landlords, Mobilehome residents, and <br />interested parties with consistency and ongoing stability relating to the <br />implementation of the RSO and JCEO as well as the programs and services <br />related thereto. <br />H. Pursuant to the City's police power, as granted broadly under Article XI, <br />section 7 of the California Constitution, and Santa Ana Charter section 200, the <br />Santa Ana City Council has the authority to enact and enforce ordinances and <br />regulations for the public peace, health, and welfare of the City and its residents. <br />L The City Council finds, determines, and declares that the threat to the public <br />health, safety and welfare of the City and its residents necessitates the enactment <br />of the Ordinance. <br />Section 2. The recitals and statements of fact set forth in the preamble to this <br />Ordinance are true and correct, constitute a substantive part of this Ordinance, and <br />are incorporated herein by this reference. <br />These recitals are false and fraudulent as a matter of law. The recitals appear to <br />intentionally misstate the requirements of the Santa Ana charter which protect the rights of the <br />voters to make any changes or take any action inconsistent with the current content of the <br />charter. All justifications that were proffered for the initial interdiction of the marketplace by <br />passage of compulsory price ceilings do not apply to the intent or effect of this proposed <br />ordinance. None of the facts recited relevant to the intent and effect of the proposed ordinance, <br />as explained below. <br />-14- <br />
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