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DOWDALL LAW OFFICES A PROFESSIONAL CORPORATION ATTO R N EYS AT LAW City Council of the City of Santa Ana City of Santa Ana September 16, 2021 Page 29 The concern for bias is also heightened in this case, because the commission members have no special or unique expertise which would qualify them for the role of adjudicating the rate of return on a mobilehome park investment, they need only be sixteen years of age. Why they may be no older than seventy years of age is an affront to every senior citizen. Likewise, ... car dealers had no unique or peculiar expertise appropriate to the regulation of business affairs of car manufacturers. American Motors Sales Corp. v. NMVB (1977) 69 Cal.App.3d 983, 991. There is no provision for the commission to be balanced by seating an equal number of park owner commissioners. The ordinance limits a park owner member to one, while at least one commissioner shall be a mobilehome tenant. During the relevant times, three of the commissioners were mobilehome tenants, and there was not a single park owner member at the hearing. One reason of concern why, harkens back to the proffered reason the Legislature stopped short of requiring manufacturers to sit in equal counterpoise to the dealer commissioners. So, if there were four park owners and two tenants, would the tenants contend the procedure to be fair? Clearly, the appearance of impropriety is not merely hypothetical. The ordinance is unconstitutional as drafted. It is as plain as the nose on your face. 5. BEGINNING RENT LEVELS MUST EQUAL PREVAILING GENERAL MARKET CONDITIONS (Vega), AND CANNOT BE LIMITED TO EXCEPTIONAL CIRCUMSTANCES Section 13 (b) (4), (A) (B) specifies initial base rent adjustments based upon impermissible criteria as clearly established and defined by appellate authority in the state of California. Specifically: (4) Adjustment of Base Year Net Operating Income. The Rent Board will grant an adjustment of the Base Year, if the Landlord can demonstrate no fair return in the Base Year as set forth in this section based on at least one of the following findings: (A) Exceptional Expenses in the Base Year. The Landlord's operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the Covered Rental Unit/Mobilehome Park over a reasonable period. The following factors shall be considered in making such a finding: (I) Extraordinary amounts were expended for necessary maintenance and repairs. -29-