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Mayor and Members of the City Council <br />August 29, 2023 <br />Page 4 <br />super majority vote for an amendment to the Rent Ordinance, if it were even legally <br />possible. Further, there are no findings proposed that justify eliminating democratic <br />principles guaranteed in State law and the Charter, or that would allow the violation of <br />the clear requirements for a majority vote to amend an Ordinance. Any claim that the <br />Rent Ordinance actually does anything to "stabilize" housing has no support in any <br />evidence submitted, and has been challenged in litigation. <br />Conclusion <br />The Proposed Ordinance would establish limitations upon the amendment of a rent <br />control law that are inconsistent with the City Charter, California Government Code, and <br />the California Constitution. It is also anti -democratic. In Howard Jarvis Taxpayers Assn. <br />v. City of San Diego (2004) 120 Cal.App.4th 374, 386-387, the court concluded that <br />when the "constitutional language clearly and unambiguously ... requires only a majority <br />vote, and a two-thirds vote cannot be required." Clearly, purporting to amend the Rent <br />Ordinance to require an amendment by a super majority, when the Government Code or <br />City Charter requires only a majority, cannot be supported legally. <br />For the reasons set forth herein, the Proposed Ordinance requiring that any amendment to <br />the Rent Ordinance be made by a super majority vote would be directly contrary to State <br />law and the City's Charter. Accordingly, the City Council should NOT vote to proceed <br />any further along this misguided path. <br />JPB/lp <br />Sincerely yours, <br />JA S . BAL TINE <br />JAMES P. BALLANTINE • ATTORNEY AT LAW <br />