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Mayor and Members of the City Council August 29, 2023 Page 2 purporting to require a super majority to amend it would only add to these unnecessary legal expenses to the taxpayers of the City of Santa Ana. The Proposed Ordinance Directly Violates the California Government Code The Government Code expressly requires that all ordinances must be passed by a majority vote. Government Code Section 36936 imposes a mandatory duty on city councils to adopt ordinances by "recorded majority vote," and provides, in pertinent part, as follows: Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the city council. (Gov't Code § 36936, (emphases added).) The Government Code is a "general law," and is binding on the City. The City may not ignore it. Professional Fire Fighters (1963) 60 Cal. 2d 276, 384 P.2d 158, announced the doctrine that general law prevails over local enactments of a chartered city, even in regard to matters which would otherwise be strictly municipal matters, where the subject matter of the general law is of statewide concern. The court followed this position in Healy v. Industrial Accident Commission (1953) 41 Cal.2d 118, in which the compensation provisions of the Labor Code were held to prevail over the city charter's pension provisions. The Proposed Ordinance would therefore violate State law and be preempted by Government Code Section 36936, and therefore would be illegal and void. The City Charter Requires That Ordinances Are Passed with Majority Vote The City Charter of Santa Ana also requires that ordinances be passed by majority vote. There is no exception for rent control. There is no provision for a 5/7 vote on any given police power, ordinance, or other form of regulation, including rent control. Section 410 of the City Charter states: A majority of the members of the City Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time. Except as otherwise provided elsewhere in this charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative vote of a maiori of the full membership of the City Council.... (Proposition of 2-4-63, approved on 4-2-63; Res. No. 63-027; Ord. No. NS-1405, 3-13- 78, approved at election 6-6-78; Res. No. 2022-044, 8-2-22, approved at the election 11- 8-22 (emphases added). JAMES P. BALLANTINE • ATTORNEY AT LAW