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LOFTIN|BEDELL P.C. <br />City of Santa Ana <br />c/o City Clerk and City Attorney <br />June 17, 2024 <br />Page 2of 3 <br /> <br />The consistent goal of Kingsley Management Corporation and this Firm has been to provide <br />the City the tools to craft Rent Stabilization and Just Cause Eviction Ordinance(s)(the “Ordinances”) <br />appropriately applicable to Mobilehome Park Communities, Homeowners within the communities and <br />Park Owners. Detailed correspondences have been provided for each of the various hearings relating <br />to the adoption of such Ordinancesclearly laying out the legal requirements. Rather than take the time <br />to prepare Ordinances that are legally applicable to Mobilehome Park Communities (i.e. in compliance <br />with the various laws applicable to mobilehome park tenancies such as the Mobilehome Residency <br />Law, among other statutes), the City has taken the position set by the former Mayor Vincente Sarmiento <br />in the adoption of the Ordinances – namely a position to rush the Ordinances to vote. During the 2021 <br />Hearing on the Ordinances, inresponse to a motion to delay action and refer the Ordinances to City <br />Attorney to review the legal issues raised and revise the Ordinances if appropriate, Mr. Sarmiento did <br />not call for further comments or call the Motion for a vote, but rather said the Ordinances had to be <br />passed because the Council members were elected to office to do thatand made his own Motion to pass <br />the Ordinance. With that attitude, the Mobilehome Park Community of Santa Ana have suffered the <br />passage of the two Ordinances in October 2021 (3009 and 3010), the consolidation of the two <br />Ordinances into one Ordinance in October 2022 (3027), and the passage of the amendment of <br />1 <br />Ordinance No. 3027 in October 2023to prohibit amendment to specific sections in the 3027 under the <br />guise of the City Charter. That guise of authority is attempting to be corrected through the adoption of <br />amendments to the City Charter and reconfirmation of 2023 Amendment to Ordinance No. 3027 – the <br />matter before you, the City Council at this hearing. <br /> <br /> All of the Letters of Opposition submitted in 2021, 2022 and 2023 specificallyand clearly state <br />the corrections that should have been made related to Mobilehome Park Communities –letters which <br />include specific proposed modifications that would bring the Ordinances into compliance with <br />applicable laws. Rather than attached theletters,which are approximately 200 pages in length, all <br />public records for the series of hearings related to the adoption of the series of Ordinances and related <br />matters. Therefore, the documents and other matters of public record as provided in correspondence <br />for the October 3, 2023 Council Meeting are incorporated hereat by reference as though fully set forth. <br /> <br />Further, this Firm, on behalf of Kinsley Management Corporation and its affiliated companies, <br />has noted, commencing January 2, 2020, to the present, violations Government Code sections 54950 <br />and 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 ordinances <br />and related policies. Such prior violations and deficiencies noted previously in the public record are <br />incorporated herein as though set forth in full; however, were presented in the following public records: <br />(i) City Council Hearings held on September 21, October 5 and November 19, 2021 (“2021 Record”) <br />for the adoption of Ordinance Nos. 3009 and 3010 (“2021 Ordinances”); (ii) City Council Hearings <br />held on October 5, 2022 and October 18, 2022 (“2022 Record”)for theadoptionof Ordinance No. <br />3027. (“2022 Ordinance”); (iii) City Council Hearings August 29, 2023 and September 19, 2023 <br />1 <br /> The commencement dates of the hearings related to the adoption of the Ordinances and the effective dates, which varies <br />from thirty days after adoption to immediately effective. <br />KMC700SAO1.010 <br /> <br /> <br />