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GREGORY BEAM & ASSOCIATES, INC. <br />City Council, <br />City of Santa Ana <br />August 28, 2023 <br />Page 2 <br />It is disappointing that this patently illegal change in the Rent Control Ordinance would <br />be put forward by a Council Member who is an attorney, no less one that purports to specialize <br />in municipal law. If Ms. Phan was acting in her capacity as an attorney, she would be ethically <br />bound under Rule 1.2.1 of the Rules of Professional Conduct to "not counsel a client to engage, <br />or assist a client in conduct that the lawyer knows is ... a violation of any law, rule, or ruling of <br />a tribunal." Apparently, Ms. Phan feels no such obligation toward the City she represents. <br />Unfortunately, the staff report discussing this item contains no discussion of the legality of the <br />proposed amendment. <br />At this point, the proposal is put forward only by Ms. Phan, who advocates for this <br />change despite the fact that she must know it exposes the City to a lawsuit or lawsuits in which it <br />cannot prevail. If this proposal is moved forward for consideration of adoption by a majority <br />City Council vote, it will also underscore the message to park owners in Santa Ana that they <br />cannot expect fair treatment by the current City Council under the Rent Control Ordinance. <br />The City Council should obviously reject this proposal. In addition, every single <br />Council Member should, on the record, explicitly and unambiguously state his or her rejection of <br />any attempt to deny park owners their legal rights and equal treatment under the law through the <br />rejection of majority voting principles or otherwise. <br />Respectfully Submitted, <br />Dated: August 28, 2023 <br />CC: City Clerk, City of Santa Ana (via email/cityclerk Santa-ana org) <br />City Attorney, Sonia Carvalho (via email scarvalhoOsanta-ana.org) <br />Park Owners <br />6002-001 <br />0189102 <br />