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