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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 6 of 10 The purpose of the "amendments to the RSO and JCEO as evidenced in the ordinance attached Exhibit A are crucial for ensuring the continuity and longevity of these protections." The change is to require a "Super -Majority" to approve a change to specified provisions in the RSO and JCEO ordinances.12 Staff Report 21-2, 8/29/2023. The following comments incorporate the basis of Opposition set forth above. Santa Ana is a Charter City.13 Its Charter appears modeled after state law Government Code section 36936 which requires: Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council. (2023). Santa Ana's Charter requires "...the affirmative vote of the majority of the full membership of the City Council. ("Charter") Charter section 410 Quorum. If Santa Ana wants to amend its Charter, it "shall be proposed and submitted to the electors of the City in the manner provided by the Constitution of the State of California. Section 1500 Amendment to Charter. Attorney Terry Dowdall is submitting a separate opposition to Agenda Item 21 providing a more detailed discussion of this objection and said Dowdall Opposition is hereby incorporated as though fully set forth. The proposal is further designed to, based on the stated purpose, permanentize the current provisions as set forth in bullet points 1-6 in the Agenda 21 Staff Report, page 21-2. Both the RSO and JCEO are currently the subject of litigation challenging specific provisions therein, specifically as related to mobilehomes and mobilehome parks except some challenges may benefit all residential rental housing regardless of type of units or ownership.14 Both rent control and eviction state statutes have additional specific and related legislation pending. Ordinance No. 3022 and Resolution No. 2023-031 do not distinguish the Federal and State Laws including the Regulatory Systems adopted for implementation thereof and the case law related thereto applicable to mobilehomes and mobilehome parks from other the Federal and State Laws including the Regulatory Systems adopted for implementation thereof and the case law related thereto applicable to other types of rental housing units. See Opposition Footnote 11. 12 The statement confirms the violation of Gov't Code sections 54950 and 36394. 13 The charter was adopted by the electors on November 4, 1952; and subsequently amended by them on November 2, 1954; April 9, 1957; November 4, 1958; April 2, 1963; and June 7, 1966. 14 See, Kingsley Management Cor, et al. v. City of Santa Ana, et al. United States District Court, Central District, Case No. 8:22-cv-0076-CJC-JDEx (03/04/2022); Kingsley Management Corp, et al. v. City of Santa Ana, et al. United States District Court, Central District, Case No. 8:23-cv-00102-CJC-JDE (01/17/2023).