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LOFTIN I BEDELL P.C. City of Santa Ana City Council c/o Office of City Clerk City of Santa Ana August 28, 2023 Page 2 of 10 This Opposition is focused, but not exclusively, on mobilehomes ("MHs") and mobilehome parks ("MHPs"). MI -Is and MHPs are, with few exceptions, exclusively and preemptively controlled by State and Federal statutes and regulations including the case law derived therefrom.2 VIOLATION OF GOVERNMENT CODE Sections 54950 et seq.; 36900 et seq.; 81000 et seq. The title and publication of Agenda Item 21 is misleading and inaccurate; and therefore, the description fails to comply with the Ralph M. Brown Act [California Government Code ("Gov't Code") section 54950 et seq.; "Brown Act'' or "Act"). s The title and publication of Agenda Item 21 provides that matter to be heard is to provide "direction to the City Manager to prepare an ordinance", with full title set forth above. The Agenda Item 21 failed to mention that the Ordinance was already prepared, attached to the Staff Report as Exhibit A, and presumably would be reviewed and adopted at the August 29, 2023 Special Meeting.4 The Staff Report urges that Exhibit A be approved in the statement "The amendments to the RSO and JCEO as evidenced in the attached Exhibit A are crucial for ensuring the continuity and longevity of these protections." Assuming the intent was to discuss, consider and probably approve the Ordinance attached to the Staff Report for Agenda Item 21 as Exhibit A, this matter is improperly set to be considered at a Special Meeting of the City Council and violates Gov't Code section 36934 ("Ordinance Enactment Code" ).5 The mandate is that Ordinance adoption be heard and considered at Regular City Council Meetings. 2 California Manufacture Housing Act, Health & Safety Code ("HS") sections 18000 et seq. ("MHA"), National Manufactured Housing and Safety Standards Act of 1974 ("NMHC") 42 U.S.C. section 5401 et seq.; Code of Federal Regulations Title 24 et seq., and other Federal Building Codes; Mobilehome Park Act, HS 18200 et seq. and Title 25 CCR 1000 et.seq.; the Mobilehome Residency Law, California Civil Code ("CC") sections 798 et seq.; California Regulations 25 CCR 1000 et seq, which is list is not exclusive of the State and Federal Statutes controlling all aspects of MHs and MHPs. ' "The Brown Act, Open Meetings for Local Legislative Bodies", California Attorney General's Office, (2003). 4 San Diegans for Open Government v. City of Oceanside (2016) 4 Cal.App. 5t1i 637, 642; Olson v. Hombrook Community Services Dist., 33 Cal. App. 5th 502,515, 525-527. ' The violation of Gov't Code sections 54950 and 36934 are a continuation of the violations as set forth in the public records of City Council Hearings held on September 21, October 5 and November 19, 2021 ("2021 Record") for the adoption of Ordinance Nos. 3009 and 3027 and in the public records of City Council Hearings held on October 5, 2022 and October 18, 2022 for the adoption of Ordinance No. 3027. ("2022 Record"); for the adoption of Resolution No. 2023-031, June 6, 2023 ("2023 Resolution") The public records of these hearings include all memorandums, electronic transmissions, letters between among staff, excepting attorney -client privileged materials and between any City staff person, consultant or elected or appointed official with any third parry, and all opposition letters, emails and verbal presentations and the video recording of those hearings are hereby incorporated for the record in this matter.