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LOFTIN I BEDELL P.C.
<br />Santa Ana Mayor and Council Members
<br />c/o City Clerk
<br />October 17, 2023
<br />Page 2 of 3
<br />and October 17, 2023, agenda item 26 which are hereby incorporated as the Opposition to this
<br />Agenda Item. (October 3, 2023 Opposition to Agenda Item 16 is attached for your convenience)
<br />As further Opposition to this Agenda Item This Firm, on behalf of Kinsley Management
<br />Corporation and its affiliated companies, has noted in its correspondence to the City that
<br />commencing January 2, 2020, to the present, violations Government Code sections 54950 and
<br />36934, and potential violation of Government Code section 84308 in communications,
<br />correspondences, and statements related to and presented to the City Council at various stages of the
<br />City Council's consideration and adoption of the various rent control and eviction protection
<br />ordinances and related policies. Such prior violations and deficiencies noted previously in the public
<br />record are incorporated herein as though set forth in full, however, were presented in the following
<br />public records: (i) City Council Hearings held on September 21, October 5 and November 19, 2021
<br />("2021 Record") for the adoption of Ordinance Nos. 3009 and 3010 ("2021 Ordinances"); (ii) City
<br />Council Hearings held on October 5, 2022 and October 18, 2022 ("2022 Record") for the adoption
<br />of Ordinance No. 3027. ("2022 Ordinance"); (iii) City Council Hearings August 29, 2023 and
<br />September 19, 2023 ("2023 1st Amendment Hearings") and the opposition orally and in writing,
<br />including the correspondences dated August 28, 2023 from Sue Loftin, LoftinjBedell P.C. and Terry
<br />Dowdall, Dowdall Law to the attempted modification of the Ordinance, see record for City Council
<br />Hearing September 29, 2023, (iii) adoption all regulations, policies, retention of third -party
<br />vendors/agents, including the adoption of all Resolutions from 2021 to current date including all
<br />oppositions related thereto ("2023 Resolutions"). The public records commencing approximately
<br />January 2, 2020 of the meetings, communications and hearings include all memorandums, electronic
<br />transmissions, letters between and among staff, consultants, and members of the public, excepting
<br />attorney -client privileged materials; and between any City staff person, consultant or elected or
<br />appointed official with any third party, and all opposition letters, emails and verbal presentations
<br />and the video recording of those hearings are hereby incorporated for the record in this matter.
<br />Additionally, the Pleadings for cases naming the City of Santa Ana as the defendant in the Federal
<br />District Court Cases Nos. 8:22-cv-00076-CJC-JDEx and 8:33-cv-00102-CJC-JDE and the Ninth
<br />Circuit Court of Appeal for Case No. 8:22-cv-00076-CJC (JDEx) are hereby incorporated into
<br />this record.
<br />The Staff Report as well as all others submitted related to Rent Control and Just Cause
<br />Eviction Ordinances and related matters do not disclose, include, reference or otherwise include
<br />in the Staff Report or at the Open Meeting Oppositions to the actions, including suggestions
<br />for amendments, among other factual and legal matters. The general public and those attending
<br />the hearing are generally unaware of the positions of those in opposition.
<br />Sincerely,
<br />LOFTIN I BEDEL�I., P.C.
<br />By: L. Sue Loftin' ,Nsq.
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