Correspondence - Item #17 - Laserfiche WebLink

Home Browse Search

LOFTIN I BEDELL P.C. City of Santa Ana do City Clerk and City Attorney June 17, 2024 Page 2 of 3 The consistent goal of Kingsley Management Corporation and this Firm has been to provide the City the tools to craft Rent Stabilization and Just Cause Eviction Ordinance(s) (the"Ordinances") appropriately applicable to Mobilehome Park Communities,Homeowners within the communities and Park Owners. Detailed correspondences have been provided for each of the various hearings relating to the adoption of such Ordinances clearly laying out the legal requirements. Rather than take the time to prepare Ordinances that are legally applicable to Mobilehome Park Communities (i.e. in compliance with the various laws applicable to mobilehome park tenancies such as the Mobilehome Residency Law,among other statutes),the City has taken the position set by the former Mayor V incente Sarmiento in the adoption of the Ordinances—namely a position to rush the Ordinances to vote. During the 2021 Hearing on the Ordinances, in response to a motion to delay action and refer the Ordinances to City Attorney to review the legal issues raised and revise the Ordinances if appropriate,Mr. Sarmiento did not call for further comments or call the Motion for a vote, but rather said the Ordinances had to be passed because the Council members were elected to office to do that and made his own Motion to pass the Ordinance. With that attitude, the Mobilehome Park Community of Santa Ana have suffered the passage of the two Ordinances in October 2021 (3009 and 3010), the consolidation of the two Ordinances into one Ordinance in October 2022 (3027), and the passage of the amendment of Ordinance No. 3027 in October 20231 to prohibit amendment to specific sections in the 3027 under the guise of the City Charter. That guise of authority is attempting to be corrected through the adoption of amendments to the City Charter and reconfirmation of 2023 Amendment to Ordinance No. 3027—the matter before you,the City Council at this hearing. All of the Letters of Opposition submitted in 2021, 2022 and 2023 specifically and clearly state the corrections that should have been made related to Mobilehome Park Communities —letters which include specific proposed modifications that would bring the Ordinances into compliance with applicable laws. Rather than attached the letters, which are approximately 200 pages in length, all public records for the series of hearings related to the adoption of the series of Ordinances and related matters. Therefore, the documents and other matters of public record as provided in correspondence for the October 3, 2023 Council Meeting are incorporated hereat by reference as though fully set forth. Further, this Finn, on behalf of Kinsley Management Corporation and its affiliated companies, has noted, commencing January 2, 2020, to the present, violations Government Code sections 54950 and 36934, and potential violation of Government Code section 84308 in communications, correspondences, and statements related to and presented to the City Council at various stages of the City Council's consideration and adoption of the various rent control and eviction protection ordinances and related policies. Such prior violations and deficiencies noted previously in the public record are incorporated herein as though set forth in full;however,were presented in the following public records: (i) City Council Hearings held on September 21, October 5 and November 19, 2021 ("2021 Record") for the adoption of Ordinance Nos. 3009 and 3010 ("2021 Ordinances"); (ii) City Council Hearings held on October 5, 2022 and October 18, 2022 ("2022 Record") for the adoption of Ordinance No. 3027. ("2022 Ordinance"); (iii) City Council Hearings August 29, 2023 and September 19, 2023 1 The commencement dates of the hearings related to the adoption of the Ordinances and the effective dates,which varies from thirty days after adoption to immediately effective. KMC700SAO1.010