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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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City Clerk
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8/29/2023
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LAW OFFICE OF <br />JAMES P. BALLAWINE <br />ATTORNEY AT LAW <br />329 EAST ANAPAMU STREET <br />SANTA BARBARA, CALIFORNIA 93101 <br />(805)962-2201 <br />(805) 564-2M — FAcsIMILE <br />JPB@BALLANTINELAW.COM - E-MAIL <br />August 29, 2023 <br />By Electronic Mail: <br />City Clerk <br />Mayor, Mayor Pro Tem, and Members of the City Council <br />Santa Ana City Council <br />22 Civic Center Plaza <br />Santa Ana, California 92701 <br />Re: Opposition to Agenda Item 21 — Supermajority Motion <br />August 29, 2023 Santa Ana City Council Special Meeting <br />Dear Mayor, Mayor Pro Tem, and Members of the City Council: <br />I represent Park Management of Taggin Wagon Mobile Home Park located at 2767 West <br />1st Street, in the City of Santa Ana. <br />I am writing to OPPOSE the proposal set forth in Agenda Item 21 of your special <br />meeting set for today that the City Council consider directing the preparation of an <br />Ordinance ("Proposed Ordinance") to amend the City's Rent Stabilization and Just Cause <br />Eviction Ordinance ("Rent Ordinance") to require a supermajority approval of the total <br />number of Councilmembers for certain future amendments to that Rent Ordinance. <br />The supermajority requirement imposed under the Proposed Ordinance is ill-conceived <br />and ill-advised. If enacted, the Proposed Ordinance would be in patent violation of state <br />law and the City's own Charter, and therefore illegal and void. Moreover, enactment of <br />the Proposed Ordinance would offend all fundamental principles of democratic <br />governance and the rule of law. If the City Council were to engage in such a gambit, it <br />would subject the City and the members of the City Council to further legal proceedings, <br />and subject the taxpayers to yet additional unnecessary legal expenses and costs. <br />The Rent Ordinance itself is of dubious legality and is already being challenged in the <br />Courts. Singling out the Rent Ordinance for this unprecedented and illegal treatment of <br />
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