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Mayor and Members of the City Council Page 3 August 29, 2023 Therefore, enactment of the Proposal Ordinance would violate not only California law, but also the Santa Ana City Charter. Passing the Proposed Ordinance would constitute a purported change in the City Charter, without the required voter approval, to add an impermissible provision. California Constitution Article XI, Section 3(a) provides that a city charter may be amended, revised or repealed only by the majority vote of the electorate. (Howard Jarvis Taxpayers Assn v. City of San Diego (2004) 120 Cal. App. 4th 374, 386.) In Howard Jarvis Taxpayers Assn. v. City of San Diego, the Court held that Article XI, Section 3(a) of the California Constitution must be construed to mean that the electorate of a city has the right, but not the obligation, to adopt or amend a charter, but if the electorate exercises that right, only a majority vote, not a supermajority vote, is required. Because the Charter requires a majority vote for the passage of ordinances, the Council cannot amend or change that provision without amending the charter. Amending the Charter requires a vote of the people. Therefore, the Proposed Ordinance would be illegal, ab initio, if passed. The Charter May Be Amended Only by Voter Approval The City Council cannot unilaterally change the City Charter. The procedure to change the Charter is set forth in the Charter, itself. If the City Council proposes to change the Rent Ordinance by imposing a super majority vote, if it were even permissible, a Charter amendment would be required. Sec. 1500. - Amendments to charter. Amendments to this charter shall be proposed and submitted to the electors of the City in the manner provided by the Constitution of the State of California. A Charter amendment would require the City voters to approve an amendment to the Charter. Without an amendment to the City Charter, the Council would be violating its terms and subject to criminal prosecution. The Charter says: Sec. 1501. - Violations. The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction in the same manner as provided in the Penal Code of the State of California as the same now reads or as hereafter amended. (Ord. No. NS-2074, § 9, 8-6-90, approved at election 11-6-90) The Proposal Violates Due Process of Law and is Not Supported By A" Findings The Proposed Ordinance has no rational basis. There are no findings proposed that justify treating the Rent Ordinance different from other laws, or that justify requiring a JAMES P. BALLANTINE • ATTORNEY AT LAW