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LOFTIN I BEDELL P.C. Santa Ana Mayor and Council Members c/o City Clerk October 3, 2023 Page 2 of 6 proposed Ordinances and related actions or create separate Ordinances applicable to that Body of Law. This body of law impacts both rent control and just cause eviction ordinances and is distinguishable from law applicable to other residential rental properties. Combining the two distinct bodies of law has created facial issues related to both types of housing rental properties. to engage Additionally, rental owners and organizations representing rental owners, including Kingsley Management Corporation, have requested to meet and discuss the issues to arrive at fair, balanced, and legal program for all — renters and rental property owners. To take the actions proposed under the four remaining Options based on the existing Ordinance No. 3027 ignores the fact the State legislature has passed statutes which will require Ordinance No. 3027 to comply with statutes approved by the Governor, who has approved some but has until October 14, 2023 to consider all of the legislative passed statutes. Approving Options 2, 3, 4, and 5 will have as the basis an Ordinance which has portions of it that conflict with State law. Based on the foregoing, the following objections to Options 2, 3, 4, and 5, and the incorporate record in this matter, please approve Option 1, which is to take no action. Please consider sending Ordinance 3027 to the City Attorney for either separating the two distinct rental property bodies of law or amending Ordinance 3027 to comply with both bodies of law. No comment or assertion contained herein or below is a waiver or amendment of the assertions, contentions and allegations presented in opposition contained in the incorporated Record of the related proceedings before the City or other actions by elected officials or staff and/or in court pleadings filed in the actions, as incorporated in footnote 3. Nothing said herein waives any legal or regulatory rights of Kingsley to oppose City actions related to the adoption of Resolutions, Ordinances, Measures, or regulations and policies related to the same. GENERAL OBJECTION TO ALL OPTIONS 2, 3, 4, and 5. 1. TIMING OF REQUEST FOR APPROVAL OF AN ORDINANCE CONFLICTING WITH 2O23 STATE STATUTES : There have been 2023 state legislative bills passed and signed by the Governor will be effective January 1, 2024 which statutes will amend the state statutory scheme related to the Ordinance. The Ordinance attached is in conflict with the new statutes and may be in conflict with the numerous other bills pending the Governors consideration no later than October 14, 2023. Therefore, the action taken at this time will require further amendment to the Ordinance to comply with 2023 State Statutes. The foregoing does not concede the Ordinance complies with current state or federal law. Therefore, all proposed Resolutions and attached proposed ordinances should be denied or referred back to the City Attorney for amendment to the Ordinance. 2. GOVERNMENT CODE sections 54950, 36934 and 84308. All prior objections to the adoption of the 2021, 2022 and attempted amendment in contravention of City Charter in KMC700426.CCH9.3.2023