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LOFTIN I BEDELL P.C.
<br />Santa Ana Mayor and Council Members
<br />c/o City Clerk
<br />October 3, 2023
<br />Page 3 of 6
<br />2023 related to violations of the listed Government Code sections, except Government Code
<br />84308 did not apply to the City Council until January 1, 2022. The City Attorney's blanket
<br />statement ("No") that Government Code section 84308 does not apply is not sufficient to
<br />support that conclusion and this correspondence is a rejection of that conclusion.2
<br />3. INCORPORATION OF THE COMPLETE RECORD RELATED TO THE
<br />ADOPTION OF THE FIRST TWO ORDINANCES IN 2021 (Ordinance Nos. 3009
<br />and 3010) THROUGH THE CURRENT DATE, (INCLUDING THE ADOPTION
<br />THE CURRENT ORDINANCE (Ordinance No. 3027 and all implementing
<br />Resolutions and/or Policies and Regulations prepared by City Staff and/or third Party
<br />Vendors on behalf of the City) AS SET FORTH IN THE FOOTNOTE BELOW.3
<br />For purpose of reference, the materials referenced in Footnote 3 shall be known as the "Record". As
<br />stated, supra, the extensive law and facts presented in the incorporated record will not be reiterated
<br />herein but is incorporated as delineate below with a few exceptions as noted in this correspondence.
<br />STAFF RECOMMENDED ALTERNATIVE ACTIONS
<br />The Staff Report was organized with a numbering system of the Options which may be
<br />confusing. The following comments will be divided into "First Set of Options: Options 2 or 3, and
<br />Second Set of Options: 4 and/or 5 with the assumption the intent that either Options 2 or 3 and/or in
<br />addition Options 4 or 5 are subject for consideration by Council for approval.
<br />First Set of Options
<br />2 See, San Diegans for Open Government v. City of Oceanside (2016) 4 Cal.App.51637, 643.
<br />3 This Firm, on behalf of Kinsley Management Corporation and its affiliated companies, has noted, commencing January 2, 2020, to the
<br />present, violations Government Code sections 54950 and 36934, and potential violation of Government Code section 84308 in
<br />communications, correspondences, and statements related to and presented to the City Council at various stages of the City Council's
<br />consideration and adoption of the various rent control and eviction protection ordinances and related policies. Such prior violations and
<br />deficiencies noted previously in the public record are incorporated herein as though set forth in full, however, were presented in the
<br />following public records: (i) City Council Hearings held on September 21, October 5 and November 19, 2021 ("2021 Record") for the
<br />adoption of Ordinance Nos. 3009 and 3010 ("2021 Ordinances"); (ii) City Council Hearings held on October 5, 2022 and October 18,
<br />2022 ("2022 Record") for the adoption 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, including the correspondences dated
<br />August 28, 2023 from Sue Loftin, LoftinlBedell P.C. and Terry Dowdall, Dowdall Law to the attempted modification of the Ordinance,
<br />see record for City Council Hearing September 29, 2023, (iii) adoption all regulations, policies, retention of third -party vendors/agents,
<br />including the adoption of all Resolutions from 2021 to current date including all oppositions related thereto ("2023 Resolutions"). The
<br />public records commencing approximately January 2, 2020 of the meetings, communications and hearings include all memorandums,
<br />electronic transmissions, letters between and among staff, consultants, and members of the public, excepting attorney -client privileged
<br />materials; and between any City staff person, consultant or elected or appointed official with any third party, and all opposition letters,
<br />emails and verbal presentations 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 District Court Cases Nos. 8:22-cv-
<br />00076-CJC-JDEx and 8:33-cv-00102-CJC-JDE and the Ninth Circuit Court of Appeal for Case No. 8:22-cv-00076-CJC (JDEx)
<br />are hereby incorporated into this record.
<br />KMC700426.CCH9.3.2023
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