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Correspondence - #26
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Correspondence - #26
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9/19/2023 3:00:07 PM
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City Clerk
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26
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9/19/2023
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LOFTIN I BEDELL P.C. <br /> Clerk of City of Santa Ana <br /> September 19, 2023 <br /> Page 3 of 4 <br /> REQUEST TO AMEND EXISTING ORDINANCE NO. NS-3027 <br /> The 2021 Ordinances—the Rent Stabilization Ordinance and the Just Cause Eviction Ordinance, <br /> - were consolidated into one ordinance and amended as the City of Santa Ana Rent Stabilization and <br /> Just Cause Eviction Ordinance, Ordinance No. NS-3027, the 2022 Ordinance. The litigation filed in <br /> 2022 challenged the constitutionality of the 2021 Ordinance challenging whether various portions of <br /> the 2021 Ordinances were in violation of State and Federal laws specifically relating to mobilehome <br /> parks. Some of the issues and factual contentions raised in the litigation against the 2021 Ordinances <br /> were addressed and corrected in the 2022 Ordinance, including clarifying that the 2022 Ordinance is <br /> preempted by the Mobilehome Residency Law, but failed to include the preemptive nature of other <br /> State and Federal laws applicable to mobilehome parks. The issues raised in the litigation were provided <br /> to the Public Record and raised at the 2021 public hearings.3 <br /> Unfortunately, the 2022 Ordinance continues to contain provisions and policies adopted to <br /> implement those provisions that continue to violate both State and Federal statutes and regulations <br /> including the related case law. This Firm, as well as many others, have reached out to the City <br /> Attorney's Office and other City departments in an effort to offer collaboration in addressing the legal <br /> issues but, at least as this office has been informed, the City is not interested in collaborating to resolve <br /> the legal issues and thus the ongoing pending litigation. The goal of the attempted discussions through <br /> collaboration, transparency and responsibility, was to work with the City and any other group to craft <br /> and encourage the adoption of a legally appropriate ordinance which recognizes and protect the rights <br /> of all players in the rental housing market, specifically within mobilehome parks, and to provide the <br /> structure for all players under which to live their lives and to operate their businesses. The refusal <br /> during 2020 through 2023 adoption of Ordinances, amendments and policies, to meet with the owners, <br /> managers, attorneys and other agents, has been and is disappointing. This position to refuse to <br /> collaborate, act with transparency, honesty, responsibility and fairness is contrary to the Guiding <br /> Principles adopted by the City and to the code of Ethics and Conduct adopted by the City.4 <br /> As the video record in this matter shows, it appears certain members of the former and present <br /> council concur with the former Mayor's statement made at the hearing prior to the adoption of the 2021 <br /> Ordinances in response to another councilperson's Motion to refer the Ordinance back to staff for <br /> further refinement was that we have to pass this, this is what the voters elected us for. The attitude was <br /> confirmed by one councilman at the August 29, 2023 hearing when in his emphatic manner stated, "we <br /> have to do this [adopt the amendments] because they are coming after us!" It appears the attitude of <br /> some members of the council is "Votes before Law". <br /> Based on the above and the immense amount of assets expended on defective ordinances, the <br /> request to you, the elected officials, is expend the time and money to amend the existing Ordinance to <br /> comply with the Federal and State Statutes, regulations and relevant case law, rather than a ballot <br /> measure and litigation. This approach provides the protection you seek for renters while also <br /> 3 It is assumed for this letter that the City Attorney's Office has kept the City Council informed as both challenges to the <br /> Ordinance have progressed through the courts,and that as to the challenge to the Ordinances,the Ninth District Court has <br /> provided its ruling. <br /> 4 See, among other City policies: City of Santa Conflict of Categories, Resolution No.2002-075;and The City of Santa <br /> Ana Code of Ethics. <br /> KMC7000SA0102023.9.19(v5)Fina1 <br />
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