HomeMy WebLinkAboutCorrespondence - #27Alcala, Abigail
From: Helen Yajaira Estrada <
Sent: Friday, October 13, 2023 7:18 PM
To: eComment
Subject: Agenda item #27
Good evening City Councilmembers,
My name is Helen Yajaira Estrada, and I'm a proud Santanera, a resident of Ward 6, and someone engaged with
several community organizations. I am in support of Agenda item #27, the proposal to adopt resolutions to
place ballot measures of 1) adopting a Rent Stabilization and Just Cause Eviction Ordinance and 2)
permitting Noncitizen Voting in Municipal Elections on the 2024 General Election ballot.
Firstly, I would like to thank city staff for their work drafting the resolution and ballot measure language. These
are important first steps to ensuring that all residents are able to make their voices heard at the ballot box.
Nearly one out of every four residents living in the city are non -citizens who have been politically excluded
from voting despite being impacted by the decisions made by the municipal government. All residents of voting
age, regardless of immigration status, should be able to participate in local elections.
We often hear from electeds announce their support of immigrant and refugee communities. Yet, the issue of
noncitizen voting has revealed to Santa Ana residents that some electeds only support those who fit within their
narrow-minded mold of the good immigrant. They only support immigrants and refugees when it suits their
political agenda and maintains their political power. Noncitizen voting is a threat to their power. They are
threatened by immigrant and refugee communities.
As a daughter of two undocumented Santaneros who originate from Guatemala, I have seen how engaged my
family has been with Santa Ana. Whether it is taking us to the Public Library on Civic Center in order to
enhance our education and reading skills, or seeing my dad work at the local donut shop for 14 years. My
parents, like many in my community, are engaged in -person, online, and talk to each other about the changes
they wish to see. I will be the first to ever vote next year in the Presidential and local elections. A real
democracy involves ALL of us.
I urge the Council to amend the current draft resolution language to further align with the spirit and principles
of the original proposal made by Councilmembers Hernandez and Lopez and supported by community
members.
Again, I support Agenda items 427. Thank you.
Thank you,
Helen Yajaira Estrada
Alcala, Abigail
From: Claudio Bornancini <
Sent: Tuesday, October 17, 2023 10:35 AM
To: Penaloza, David; Bacerra, Phil; Vazquez, Benjamin; Lopez, Jessie; Amezcua, Valerie;
Phan, Thai; Hernandez, Johnathan; eComment; Mendoza, Steven; Carvalho, Sonia R.
Subject: Undocumented rights to vote
Good day,
I am writing to express opposition to giving undocumented people rights to vote
We can say, without a doubt, that Latinos are hard workers. However, we are terrible voters- our voting style is
reflected in the fact that not even one country in Latin America has been stable for longer than a decade or two
in the last 100 years.
Paradoxically, many of the speakers supporting the proposal are also supporters of the very system we run away
from in the first place: Socialism!
Socialism never worked, and will never work on a large scale such as the City of Santa Ana. It's a government
system that only brings destruction, violence and poverty.
Santa Ana has been doing an herculean task to support undocumented people, and should continue doing so, but
this is the perfect scenario to apply the saying "give them a hand and they'll take an arm". Voting rights to
undocumented people is the recipe starter of a vote -buying system that does not work in the countries we are
fleeing from.
Furthermore, I will not vote even if I have the authorization and approval from the City of Santa Ana- I will not
put my relationship with the immigration authorities in jeopardy to give a vote to anyone.
On the other hand, I can't imagine how insulted Council Members and Mayor may feel after hearing neighbors
saying they don't feel represented. It is irating when somebody comes once a year to City Council meetings and
finds courage to say such a fallacy.
In my personal case, I can say that Councilman Hernandez and I differ on almost every major issue, and I am
not actually able to vote. However, I find it highly offensive to state he does not represent me after all the hours
he spends working for the City of Santa Ana and its people.
I am completely open to giving rights to vote for educational boards to undocumented parents with kids in
school, and, in contrast, vetoe those who have no kids in the school district.
Thanks for the hard work you do everyday!
Claudio
Alcala, Abigail
From:
Sent:
To:
Cc:
Subject:
Attachments:
See attached file.
Dale Helvig
Resident, Santa Ana
Dale Helvig <
Tuesday, October 17, 2023 10:38 AM
eComment; Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Lopez, Jessie; Bacerra,
Phil; Hernandez, Johnathan; Penaloza, David
Carvalho, Sonia R.; Mendoza, Steven; Hall, Jennifer
2023-10-17 Letter to City Council -Item 27 Noncitizen Voting
2023-10-17 Letter to City Council -Item 27 Noncitizen Voting.pdf
Dale Helvig
Resident, Santa Ana CA 92706
October 17, 2023
Mayor Amezcua and Santa Ana City Councilmembers
City of Santa Ana
20 Civic Center Plaza, 81" Floor
Santa Ana CA 92702
Subject: ITEM 27 — Resolution to permit noncitizen voting in city municipal elections at which municipal
officers are elected.
Presenting a resolution to permit noncitizen voting in city municipal elections at which municipal officers are
elected at this time is irresponsible. The major unknowns are the legality of this proposal, the complete fiscal
impact, and the potential implications it can have on noncitizens seeking to obtain citizenship. Please do not
present this to the residents of Santa Ana until you have done your due diligence and can clearly explain your
proposal.
What exactly is addressed in this proposal and is it currently legal? What are the potential unintended
consequences? Clearly define those who you propose participate in the voting process and for what types of
issues. Are these individuals' permanent residents with green cards, residents who have applied for asylum
and are waiting for their court dates/decisions, DACA recipients, undocumented residents, etc.? For those
referencing the San Francisco ruling, it was determined that noncitizens, with children in the school district,
could vote on school district elections only ... not city-wide elections.
The fiscal impact provided in the staff report addresses only the cost of placing the issue on ballot. It DOES
NOT take into consideration the cost of creating a city voter registration/database, as well as the ongoing cost
to administer this process. Other cities have estimated this could be well north of one million dollars
($1,000,000).
Can you honestly say this will not have an adverse impact on obtaining citizenship? Do you want to be
responsible for the inability of someone to obtain their citizenship if you are wrong? Do what is right and
research this proposal prior to approving. Do not move forward with something which could seriously, and
negatively, impact those whom you wish to empower.
It is my understanding that the city has until mid-2024 to decide on what should be included on the 2024
ballot, so there is no rush to make an uninformed decision. OBTAIN THE FACTS PRIOR TO MOVING FORWARD
ON THIS ISSUE. CREATE THE ADHOC so that you have a chance of doing it right the first time rather than
paying for defending against lawsuits which could have been avoided!
Respectfully,
..
Dale A Helvig
Resident, Santa Ana
Page 1 of 1
2023-10-17 Letter to City Council -Item 27 Noncitizen Voting
Alcala, Abigail
From:
Sue Loftin <
Sent:
Tuesday, October 17, 2023 10:42 AM
To:
eComment
Cc:
Assistant
Subject: Hearing October 17, 2023, Agenda Items 26 & 27 Opposition
Attachments: 2023.10.17 Items 26&27 Opp. Exh..pdf
Dear Ms. Hall, City Clerk,
The attached correspondence is offered in Opposition to agenda items 26 and 27.
Thank you for your assistance with this matter.
Sue Loftin, Esq. LOFTIN I BEDELL P.C.
Carlsbad, CA 92009
Tel:
Direct Tel:
Fax:
Email:
Attention: This email has limited purposes. It may not contain the full extent of any conversation related to a specific
topic and may not represent legal advice on a specific topic. Emails are abbreviated means of communication and as
such cannot be relied upon for a full and complete response to any factual or legal issue.
Privileged and Confidential Communication: This email message and its contents are legally privileged and confidential
information that is intended solely for the use of the intended addressee. If the reader is not the intended recipient, you
are hereby notified that any dissemination, distribution, copying, or other use of this message and its contents is strictly
prohibited. If you have received this email message in error, please contact the sender by reply email immediately
2023.10.17 Items 26&27 Opp. Exh..pdf
ATTORNEYS AT LAW
Electronic Transmission (eComment@santa-ana-org)
October 17, 2023
Honorable Mayor Valerie Amezcua, Mayor Pro Tem Jessie Lopez and Council Members Thai Viet
Phan, Genjamin Vazquez, Phil Bacerra, Johnathan Ryan Hernandez and David Penaloza.
City of Santa Ana
c/o Office of the City Clerk
20 Civic Center Plaza M-30
Santa Ana, CA 92701
Re: Hearing Date: City Council Meeting, October 17, 2023
Agenda Items 26: Oppose and
Request the Matter be Removed from Consent Calendar
Agenda Item 27: Oppose
Request the Measure proposed be denied.
Request: Amend the Existing Ordinance No. 3027 to Comply with
Existing State and Federal Statutory, Regulatory and Case Law and to
Comply with 2023 approved State Statutory Changes.
Dear Honorable Mayor Valerie Amezcua, Mayor Pro Tem Jessie Lopez, and Councilmembers Thai
Viet Phan, Benjamin Vazquez, Phil Bacerra, Johnathan Ryan Hernandez and David Penaloza:
This Firm represents Kingsley Management Corporation, and its affiliated companies, which
manage, own, and operate, with care and concern for the Homeowners (residents) multiple
mobilehome parks within in the City of Santa Ana.
To reiterate what has been said in correspondence and litigation, this Firm and its Client never
said the City could not pass rent control. In fact, has stated the opposite in court pleadings and to the
City. The request has been to engage in consultation with all interested parties, not just renters, and
to pass rent control that complies with State and Federal Laws including the related regulations and
the cases arising from said statutes and regulations, specifically related to mobilehome owners/space
renters and mobilehome park owners. Additionally, rental owners and organizations representing
rental owners, including Kingsley Management Corporation, have requested to meet and discuss the
issues to arrive at a fair, balanced, and legal program for all — renters and rental property owners.
The staff report for these two agenda items 26 and 27 do not provide additional substantive
factual or legal information to support the amendment to Ordinance No. 3027 to distinguish this Staff
Report from the Staff Reports of October 3, 2023 and October 17, 2023; therefore, the Opposition to
agenda items 26 and 27 include all Opposition submitted to the October 3, 2023 agenda item 16
• Carlsbad • California • 92009
T: • Direct: • www.loftinbedell.com •
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 17, 2023
Page 2 of 3
and October 17, 2023, agenda item 26 which are hereby incorporated as the Opposition to this
Agenda Item. (October 3, 2023 Opposition to Agenda Item 16 is attached for your convenience)
As further Opposition to this Agenda Item This Firm, on behalf of Kinsley Management
Corporation and its affiliated companies, has noted in its correspondence to the City that
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 ("2023 1st Amendment Hearings") and the opposition orally and in writing,
including the correspondences dated August 28, 2023 from Sue Loftin, LoftinjBedell P.C. and Terry
Dowdall, Dowdall Law to the attempted modification of the Ordinance, see record for City Council
Hearing September 29, 2023, (iii) adoption all regulations, policies, retention of third -party
vendors/agents, including the adoption of all Resolutions from 2021 to current date including all
oppositions related thereto ("2023 Resolutions"). The public records commencing approximately
January 2, 2020 of the meetings, communications and hearings include all memorandums, electronic
transmissions, letters between and among staff, consultants, and members of the public, excepting
attorney -client privileged materials; and between any City staff person, consultant or elected or
appointed official with any third party, and all opposition letters, emails and verbal presentations
and the video recording of those hearings are hereby incorporated for the record in this matter.
Additionally, the Pleadings for cases naming the City of Santa Ana as the defendant in the Federal
District Court Cases Nos. 8:22-cv-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) are hereby incorporated into
this record.
The Staff Report as well as all others submitted related to Rent Control and Just Cause
Eviction Ordinances and related matters do not disclose, include, reference or otherwise include
in the Staff Report or at the Open Meeting Oppositions to the actions, including suggestions
for amendments, among other factual and legal matters. The general public and those attending
the hearing are generally unaware of the positions of those in opposition.
Sincerely,
LOFTIN I BEDEL�I., P.C.
By: L. Sue Loftin' ,Nsq.
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 17, 2023
Page 3 of 3
cc: Client
Encl: October 3, 2023 Opposition to Agenda Item 16.
Electronic Transmission (eComment@santa-ana-org)
October 3, 2023
Honorable Mayor Valerie Amezcua, Mayor Pro Tem Jessie Lopez and Council Members Thai Viet
Phan, Genjamin Vazquez, Phil Bacerra, Johnathan Ryan Hernandez and David Penaloza.
City of Santa Ana
c/o Office of the City Clerk
20 Civic Center Plaza M-30
Santa Ana, CA 92701
Re: Hearing Date: City Council Meeting, October 3, 2023
Agenda Item 16: Support Option 1
Opposed to Proposed Options 2-5
Request: Do Nothing or Amend the Existing Ordinance No. 3027 to Comply with
Existing State and Federal Statutory, Regulatory and Case Law and tc
Comply with 2023 approved State Statutory Changes.
Dear Honorable Mayor Valerie Amezcua, Mayor Pro Tem Jessie Lopez, and Councilmembers Thai
Viet Phan, Benjamin Vazquez, Phil Bacerra, Johnathan Ryan Hernandez and David Penaloza:
This Firm represents Kingsley Management Corporation, and its affiliated companies, which
manage, own, and operate, with care and concern for the Homeowners (residents) multiple
mobilehome parks within in the City of Santa Ana.
SUPPORT OPTION 1
Take NO Action
To reiterate what has been said in correspondence and litigation, this Firm and its Client never
said the City could not pass rent control applicable to mobilehome parks. In fact, has stated the
opposite in court pleadings and to the City in the numerous communications submitted over the last
approximate two and one-half (2 1/2 ) years. Rather than restate two and one-half (2 1/2 ) of law and
facts, and the objections to the Ordinances and related actions occurring during that time, the public
record is hereby incorporated 1
The request has been to acknowledge the specific bodies of State and Federal law pertaining to
mobilehome parks and the relationship between the owners of mobilehome parks and mobilehome
owners who rent spaces in the Park ("Body of Law") and incorporate that Body of Law into the
Footnote 3, sgLm.
• Carlsbad California • 92009
T: • Direct: • www.loftinbedell.com •
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 3, 2023
Page 2 of 6
proposed Ordinances and related actions or create separate Ordinances applicable to that Body of
Law. This body of law impacts both rent control and just cause eviction ordinances and is
distinguishable from law applicable to other residential rental properties. Combining the two distinct
bodies of law has created facial issues related to both types of housing rental properties. to engage
Additionally, rental owners and organizations representing rental owners, including Kingsley
Management Corporation, have requested to meet and discuss the issues to arrive at fair, balanced,
and legal program for all — renters and rental property owners.
To take the actions proposed under the four remaining Options based on the existing Ordinance
No. 3027 ignores the fact the State legislature has passed statutes which will require Ordinance No.
3027 to comply with statutes approved by the Governor, who has approved some but has until
October 14, 2023 to consider all of the legislative passed statutes. Approving Options 2, 3, 4, and 5
will have as the basis an Ordinance which has portions of it that conflict with State law.
Based on the foregoing, the following objections to Options 2, 3, 4, and 5, and the incorporate
record in this matter, please approve Option 1, which is to take no action. Please consider sending
Ordinance 3027 to the City Attorney for either separating the two distinct rental property bodies of
law or amending Ordinance 3027 to comply with both bodies of law.
No comment or assertion contained herein or below is a waiver or amendment of the assertions,
contentions and allegations presented in opposition contained in the incorporated Record of the
related proceedings before the City or other actions by elected officials or staff and/or in court
pleadings filed in the actions, as incorporated in footnote 3. Nothing said herein waives any legal or
regulatory rights of Kingsley to oppose City actions related to the adoption of Resolutions,
Ordinances, Measures, or regulations and policies related to the same.
GENERAL OBJECTION TO ALL OPTIONS 2, 3, 4, and 5.
1. TIMING OF REQUEST FOR APPROVAL OF AN ORDINANCE CONFLICTING
WITH 2O23 STATE STATUTES : There have been 2023 state legislative bills passed and
signed by the Governor will be effective January 1, 2024 which statutes will amend the
state statutory scheme related to the Ordinance. The Ordinance attached is in conflict with
the new statutes and may be in conflict with the numerous other bills pending the Governors
consideration no later than October 14, 2023. Therefore, the action taken at this time will
require further amendment to the Ordinance to comply with 2023 State Statutes.
The foregoing does not concede the Ordinance complies with current state or federal law.
Therefore, all proposed Resolutions and attached proposed ordinances should be denied or
referred back to the City Attorney for amendment to the Ordinance.
2. GOVERNMENT CODE sections 54950, 36934 and 84308. All prior objections to the
adoption of the 2021, 2022 and attempted amendment in contravention of City Charter in
KMC700426.CCH9.3.2023
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 3, 2023
Page 3 of 6
2023 related to violations of the listed Government Code sections, except Government Code
84308 did not apply to the City Council until January 1, 2022. The City Attorney's blanket
statement ("No") that Government Code section 84308 does not apply is not sufficient to
support that conclusion and this correspondence is a rejection of that conclusion.2
3. INCORPORATION OF THE COMPLETE RECORD RELATED TO THE
ADOPTION OF THE FIRST TWO ORDINANCES IN 2021 (Ordinance Nos. 3009
and 3010) THROUGH THE CURRENT DATE, (INCLUDING THE ADOPTION
THE CURRENT ORDINANCE (Ordinance No. 3027 and all implementing
Resolutions and/or Policies and Regulations prepared by City Staff and/or third Party
Vendors on behalf of the City) AS SET FORTH IN THE FOOTNOTE BELOW.3
For purpose of reference, the materials referenced in Footnote 3 shall be known as the "Record". As
stated, supra, the extensive law and facts presented in the incorporated record will not be reiterated
herein but is incorporated as delineate below with a few exceptions as noted in this correspondence.
STAFF RECOMMENDED ALTERNATIVE ACTIONS
The Staff Report was organized with a numbering system of the Options which may be
confusing. The following comments will be divided into "First Set of Options: Options 2 or 3, and
Second Set of Options: 4 and/or 5 with the assumption the intent that either Options 2 or 3 and/or in
addition Options 4 or 5 are subject for consideration by Council for approval.
First Set of Options
2 See, San Diegans for Open Government v. City of Oceanside (2016) 4 Cal.App.51637, 643.
3 This Firm, 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 ("2023 1st Amendment Hearings") and the opposition orally and in writing, including the correspondences dated
August 28, 2023 from Sue Loftin, LoftinlBedell P.C. and Terry Dowdall, Dowdall Law to the attempted modification of the Ordinance,
see record for City Council Hearing September 29, 2023, (iii) adoption all regulations, policies, retention of third -party vendors/agents,
including the adoption of all Resolutions from 2021 to current date including all oppositions related thereto ("2023 Resolutions"). The
public records commencing approximately January 2, 2020 of the meetings, communications and hearings include all memorandums,
electronic transmissions, letters between and among staff, consultants, and members of the public, excepting attorney -client privileged
materials; and between any City staff person, consultant or elected or appointed official with any third party, and all opposition letters,
emails and verbal presentations and the video recording of those hearings are hereby incorporated for the record in this matter.
Additionally, the Pleadings for cases naming the City of Santa Ana as the defendant in the Federal District Court Cases Nos. 8:22-cv-
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)
are hereby incorporated into this record.
KMC700426.CCH9.3.2023
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 3, 2023
Page 4 of 6
These Options are presented in the Alternative: Either adopt Option 2 or Option 3.
OPTION 2
Resolution Affirming Prior Adoption of Ordinance NS-3027
OPPOSITION: REQUEST TAKE NO ACTION
The Option to approve the current version of the Ordinance is "presented by staff ...in order to
affirm the former Council's action and cure against allegations concerning the validity of the adoption
of the Ordinance. In summary, the goal is to affirm the actions of the prior council in the adoption of
an Ordinance which remains in violation of the various State and Federal statutes including the
implementing regulations and case law. The assumption is this is an effort to attempt a defense of
"mootness" related to the pending litigation and among other allegations, the continuing violations of
the Brown Act and the violations of Federal statutes constitutional issue. This proposed attempt to
"cover" for prior actions of other city council persons and staff, by affirming their adoption of a
defective Ordinance further enhances the challenges to the City's actions. This action does not correct
the defects in the Ordinance highlighted at the City Council Hearing, October 4, 2022, the City Council
disregarded the Judson, City Housing Division Manager, explanation that there was a lack of evidence
in support of an imbalanced [rent] Boards, stating "Based on our research of other jurisdictions, there
aren't other jurisdictions with an imbalanced board ... where there's either more tenants or more
landlords. There is a reason for that. We found in our research that most boards are equitably balanced
between tenants and landlords and that serves the best interest of tenants and landlords as they are
following the due process rights under the law.4 The "affirmation" of this Ordinance likewise will not
erase the violations of the Government Code sections enacted to protect the public.
Therefore, affirming the existing Ordinance affirms its provisions contrary to law and endorses
the actions exhibited at hearings and reasonably assumed behind the scenes of the enactment of this
Ordinance and the other prior and continuing related Ordinances.
Based on the Record of this matter and for the foregoing reasons, the request is to TAKE NO
ACTION.
OR
OPTION 3
Adopt the Resolution Amending Ordinance NS-3027
OPPOSITION: REQUEST TAKE NO ACTION
The amendment proposed is to require two-thirds (2/3) council members' approval for specific
changes to Ordinance NS-3027. The detailed legal and factual Opposition to the amendment was
presented to the council on August 29, 2023 and September 19, 2023 by among others, correspondence
a Comments by Councilmember Pham and Judson Brown, City Council Meeting, Oct. 4, 2022, 5:48:35 to 5:51.
W[� a;.w.UU kl'C ?C �Ju� u`�_UI!G w x �'h7— 01) 2. See, also Correspondence from LoftinlBedell P.C. dated October 13, 2022, in
Opposition to Hearing, Oct. 18, 2022, Item 21; also, Correspondence from LoftinlBedell P.C. and Dowdall Law dated
September 19 and August 29 in Opposition to City Council Hearing, Agenda Item 21,
KMC700426.CCH9.3.2023
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 3, 2023
Page 5 of 6
from LoftinlBedell dated August 28, 2023 and September 19, 2023, and from Terry Dowdall dated
August 28, 2023. Rather than repeat the content of the referenced correspondence, the correspondence,
including all other written, electronic and oral opposition positions presented are hereby specifically
incorporated forming the legal and factual Opposition to this Option 3.
Based on the Record in this matter and for the foregoing reasons, the request is to TAKE NO
ACTION.
Second Set of Options
Options 4 and 5 are presented as "and/or". The assumption is the Counsel could pass Option 2
or 3 and pass one or both of Options 4 and 5.
GENERAL OBJECTION TO BOTH OPTIONS 4 & 5: This set of Options relate
to Option 3: "affirming Ordinance NS-3027 and Option 4: limiting the City Council members ability
to amend Ordinance NS-3027 by changing the voting requirements in the City Charter for approval for
the adoption or amendment of an Ordinance from approval by a majority to approval by a
supermajority. The Proposition required under California Election Code section 9222 for Option 3 is
Ordinance No. NS-3027 and for Option 4 the basis of the Proposition is Ordinance No.-3027 with the
voting requirement amends. Therefore, both Ballot Measures depend upon the legal and factual validity
of Ordinance NS-3027. The assumption appears to be that through this mechanism the City will be
protected from litigation and the tenants will have long term ordinance protection. Unfortunately, a
Ballot Measure with its Proposition invalid, if passed, does not protect a City from litigation challenging
the Ordinance created by the Ballot Measure. The additional assumption appears to be that through this
mechanism the actions and conduct by certain elected officials and City staff related to the adoption of
the Ordinances since 2021 will be protected. The Ballot Measures proposed do not meet the
requirements for a City directed Ballot Measure and the staff report presents essentially no factual or
legal support for the Ballot Measures.6
OPTION 4
Resolution Giving Notice of a General Municipal Election Affirming Ordinance NS-3027
OPPOSITION: REQUEST TAKE NO ACTION
This is a proposal to place Ordinance NS-3027 on the ballot to affirm the actions of the prior
City Council actions and approve an Ordinance which currently is legally and factually defective. This
is an attempt to circumvent the City Council process and obligation to all members of the public. The
opposition to First Set of Options:2 and 3 form the factual and legal basis for the Opposition to this
Second Set of Options: 3. The passage of "Measure" at an election will not protect the City from
litigation based on the substance of the "Measure", an Ordinance which is defective both legally and
5 Ordinance Nos. 3009, 3010, 3027 and Long Term Implementation Plan, adopted September 6, 2022.
6 Both proposed "Measure Ballots" are incomplete and misleading; Section 20, a standard language provision, but does not
protect the Ordinance; Evid.Code sec. 9222 et seq.
KMC700426.CCH9.3.2023
LOFTIN I BEDELL P.C.
Santa Ana Mayor and Council Members
c/o City Clerk
October 3, 2023
Page 6 of 6
factually, and will require amendments prior to implement the new State Statutes effective January 1,
2024.
Based on the Record in this matter and for the foregoing reasons, the request is to TAKE NO
ACTION.
OPTION 5
Resolution Giving Notice of General Municipal Election to Amend Ordinance
NS-3027
OPPOSITION: REQUEST TAKE NO ACTION
This is a proposal to place Ordinance NS-3027 on the ballot as the Proposition for the Ballot
Measure. The amendment proposed is to require two-thirds (2/3) council members' approval for
specific changes to Ordinance NS-3027. The proposed Proposition and the Ballot Measure do not
clearly disclose this action is also an amendment to the City Charter.' The detailed legal and factual
Opposition to the amendment was presented to the council on August 29, 2023 and September 19, 2023
by among others, correspondence from Sue Loftin, LoftinjBedell P.C. dated August 28, 2023 and
September 19, 2023, and from Terry Dowdall, Dowdall Law dated August 28, 2023. Rather than repeat
the content of the referenced correspondence, the correspondence, including all other written, electronic
and oral opposition positions presented are hereby specifically incorporated forming the legal and
factual Opposition to this Option 4.
Based on the Record in this matter and for the foregoing reasons, the request is to TAKE NO
ACTION.
Sincerely,
LOFTIN I BEDELL P.C.
By: L. Sue Loftin, Esq.
cc: Client
7 Cal.Const.Art.11, § 11; Cal.Elea.Code § 9222; and case law thereunder related to the constitutionality and requirements
related to Citydirected Measures, as to the Proposition (Ordinance 3027, "interpretation of a local ordinance is a legal
issue: People ex rel. Feuer v. Nestdrop 2016) 245 Cal.App.4t', 664, 672;
KMC700426.CCH9.3.2023
Alcala, Abigail
From: eComment
Subject: FW: Contact the City Council Submission
From: notify@proudcity.com <notify@proudcity.com>
Sent: Monday, October 16, 2023 9:50 PM
To: Flores, Gaston <GFlores@santa-ana.org>
Subject: Contact the City Council Submission
Name
David/Kathy MILLER
Email
Address
California 92626
United States
Map It
Phone
(
Who is this message for?
• Mayor Valerie Amezcua
• Mayor Pro Tern Jessie Lopez
• Councilmember Thai Viet Phan
• Councilmember David Penaloza
• Councilmember Phil Bacerra
• Councilmember Johnathan Ryan Hernandez
• Councilmember Benjamin Vazquez
Comments or questions
The Rent Registry is an example of government overreach. I am a property owner in the United States of America.
Government does not have the power over my property or my business of providing housing on my property.
. The rental board that you are choosing does not have the qualifications to make the decisions over my or anyone else's
business. The people on this board will not have the experience in this business.
. Property owners already pay for a business license and property taxes as well as code enforcement inspections. Charging for
this overreach is excessive.
. The city expects landlords to run a business on a 2.54% annually OK no % my pest control is up 8%, trash chosen by the city is
up 24%, Insurance on the property is up 50%, water is up 17%, electric up 24%, apartment license/ code enforcement/ rental
registry up 100%, repair services up 25-40%, supplies Up 10-30%, property taxes up 2% of value, Adjustable ARMS up 33%.
The City of Santa Ana is discriminating against multi family property owners and is leaving industrial and commercial properties
alone.
No other business is being told what they are allowed to charge to keep their business afloat.
We find the state rent control to be feasible, but this city has gone beyond the compensation of how a business should be run.
The ordinance that this registrar protects is not based on legal grounds, rather a lack of understanding of the business and of
the economy.
. Landlords are not responsible for this poor economy. It is not the job of landlords to make up for bad economic choices of the
city, county , state or country.
. Santa Ana is sanctuary city. It is not the place of landlords to make up the difference , through loss of income, of those who can
not afford to live in the city.
. The city of Santa Ana is asking landlords to gather information from tenants that are not permitted under state rent control laws.
. The City of Santa Ana should be held accountable for property value decreases. The City has no right to limit the value of one's
property by forcing their rent to stay below a certain level.
. The City of Santa Ana needs to reimburse landlords for their loss of income imposed by this ordinance.
.Tenants that are in a unit more than 10-15 years need to vacate the unit in order update the unit at our cost. Paying them to
leave with 3 months rent is ludicrous. It costs 50K to rejuvenate a unit.
. The City Ordinance NS -3027 and Rental Board need to be abolished. The City's haphazard attempt to control the rental
economy is an abuse of power and is unjustified.
Alcala, Abigail
From: Mai Do <
Sent: Tuesday, October 17, 2023 11:30 AM
To: Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Bacerra, Phil; Penaloza, David; Lopez,
Jessie; Hernandez, Johnathan; eComment; Carvalho, Sonia R.
Cc: Tracy La; Faby Jacome; Jenna Narahara (clinic); Carlos Perea; Julia Gomez; Ama) Al
Salek (clinic)
Subject: Agenda Item #27
Attachments: 10.17.23 Sign -On Letter-combined.pdf
Dear Mayor Amezcua and City Councilmembers,
Please find attached a letter of support for Agenda Item 427, with suggested amendments, on behalf of Santa
Ana Families for Fair Elections (SAFFE), including several organizations working with local immigrant and
refugee communities.
Best,
Mai Nguyen Do
i Nguyen Do
....
hey/1"hern
It
Research Il�olllic Il ain a er
I iarbor Ilr StiftAte for Ilinnirmili raint & l:::::corroirmiliC Justice
k',
@www.harborinstituteoc.org
,"v' Santa Ana CA 92701
October 17, 2023
Santa Ana City Council
20 Civic Center Plaza
Santa Ana, CA 92701
Re: Support and Amendments for Agenda Item #27 - Placing Noncitizen
Voting on the November 2024 General Election Ballot
Dear Mayor Valerie Amezcua and Santa Ana City Council Members,
We write as Santa Ana Families for Fair Elections (SAFFE), a coalition of local residents and
community organizations dedicated to advancing democratic inclusion in our community.
We are enthusiastic to see the City Council move forward with exploring an expansion to the
franchise in local elections, and we are thankful to city staff for their work drafting resolution
and ballot measure language. These are important first steps to ensuring that all residents are
able to make their voices heard at the ballot box. After all, it remains deeply undemocratic
and unfair that nearly a third of voting -age residents in Santa Ana cannot participate in the
election of the city council members who govern the lives of all residents in the city, regardless
of federal citizenship status.'
We urge the City Council to amend the current draft resolution language to further align with
the spirit and principles of the original proposal made by Councilmembers Hernandez and
Vazquez and supported by community members. We have attached a version of the
resolution language with suggested amendments for the City Council's convenience.
Sincerely,
Harbor Institute for Immigrant & Economic Justice
VietRISE
El Centro Cultural de Mexico
Orange County Justice Fund
Santa Ana Collaborative for Responsible Development (SACReD)
Latino Health Access
Korean Resource Center
Orange County Communities Organized for Responsible Development (OCCORD)
United Food and Commercial Workers Local 324
' U.S. Census Bureau, American Community Survey 2021 5-Year Estimate, 2022.
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA
ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A
BALLOT MEASURE TO THE QUALIFIED VOTERS ...IC...". ICIII::IIIVIII::
...................................................................
IC....IIL....L..... HIV IG I I� .... I SANTA ANA ...I.....IC........ .III.....II.% .�......II....III :.III..........IL.....� .
III I� III PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL
ELECTIONS AT WHICH MUNICIPAL OFFICERS ARE ELECTED
AND REQUESTING THE ORANGE COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE
STATEWIDE GENERAL ELECTION
VVii IIIII.....III III..... inonc�iilii c. n iresi �.,int irir��rlke r V rg!:gc. nt of ainta Anatotal rc glgjiioin
god gibout reir�.c: iDt f lily c lliir°�� ...��� c:sn rc r II��Ilic it°�
.........................................................................................................................................................!,!,................
VViI....IIIII::III: III:: .I.I c:sn li.I. Council ���.Ikinowled e .I.I��2 limn rc irl��irn�.e f..I.I��e liirinrirnli� irgii t rc gj,gI.lic ir)
...............................................................................le'l.........1,11....V.........................................................................................................................................................................................................................................................................m............................1..................................................
Icy IIc:snlilirl fir°ir° irc:sn� it°lic:sn IIc:snli.r rli. II Icy Ic:sn IIc:snli.r clic:sn Ic:sn.r li.r° Ilcll c:snlilic.r...
..............................................V...............................................................................................................................(�...............................................................j,(�..............................................................................lir.........................................................................................................................................................................
r°ir l li ir° ( that li rc:sc tl
............................................................... .....affects ...........I..J..h......c.....i iIl
.....i ...s
...L
VViI..............m.. .ra n t a voice i in local elections
o n
................................................................................................................................................................................IcIV...r.cicc.I...Im............................................. . .
will en ii it lc:;.rc.,, l and ii it c.;nr l irir c., ire l i it Ilc c11 ii c:sn Il l ii irir al l'' n 11 2!l j ., [ii l ii it g I,if cgn c:sn it l ii rc:sn
..I :I :..ir:I :L.V.IY:I.Ii.:�..
VViI....II III:: III: III:: I I c:sn iI ��c� ir��.li 11 r irc:sn lic II c:sn it°���� Ic:sn �� it°� it li it°��� it°�� c:sn it°ire �� Ik li in a in to ire
.................................................................R.................................................V........................................................................................................V..................................................................................................................................................................................m.....................................................................................
it° I r li l I irc:sgo ir) li e IJ��e �.c ire I irli l t io n cif. Its li irir� irirn lip ir�� ire l rc r ll�� l lic it°� �� it°� c:sn it°� irc:sn I I��c:sn
V..................V...........................................................................................................................................................................................................................................................................................................1................................................)..,''''.................................l'' 1 1 ...... I lli................................V
fc:snc:snll safe liir�lc:siracIJin lill�� Ilc ���II � c c:snirir°sir°ir�c:snir�l �.�.ii�lial
..........................................................................................................f
VViI IIIII.....III III..... ti iie C iil Couir)c�!il Ilia iiirir rl,e,rirnc.,ir to iiirniiblatii e c h a IJhe Ilirinirir�ii� is ,,,c ire .::Zc:n� ��ll
...............................................................................................V......................................................................................................................................................................................................................................................................................................................m......................................................m.............
l..�c.,fc.,inse I� ir) I�iilc�l i a�lllc c��rte fundir�( Icy Ile( �rll c.,fei, )sec [ aiDta )a iiirir�irir�ii( Iran)) irc.,, ides, )l Ibo face
............................m...................................................................................................................................................................m.................................................................................................................................
VViI....II III:: III: III:: I I c:sn ii l ir° Ii II r irc:sn lic II c:sn ir° Ic:sn ir° it li ir° irn�.e �� irir� c:sn irn l in lily it°ir ir° li li r II c:sn
.................................................................R.........................................V................................................................................................V............................................................................................................................................................................................................1...........................................
it° II IIc r Il li .iic:sn liar°ir it°ir lip it it l iresidents Icy c:sn it c:sn sir° ii l c it going it°ir li lic ir° it°ir it°ir li l lc:sne
......................................................................m...................................................................................................................................................................V.......,............................................................................................................�...... ll"lil.....""dl.."",Ill..."oll............................""t""I l'll".I'll"I s..
VViI
rcJl . ..�� irri .cstatus
°i��irr.I. iI licc
,, s.c)...ri
rr2jg,s" 1 2ircirclll,2,r2, ,ilgli.ci Ikc'lly I iitrg l
VViI....IIIII::III: the exclusion lion f inoinciti c:sn firc irir� IJ��e c:snllc:sctor��te li irooten liirn Traci irirn an
..c...........r....l......c........ir.......ii............................................ir...........l.l.....................................................................................,.........................................................................................................................................................................................................................................................................................................
cicr i.scir)firrircl.icirircirl lc" rr irc"liricticIcir irc'".lial.irc11)111,11 ilc'll rclll 11,VViI....................i...........................................................................................,...c i °)
...................................................................................ccr 11,................cc..............cl....�.r..r"lt,r,...I'll"""'ll".....l,.l...it..,..............,..,"""""I lIll'Il" ...Il.11.
......
rr iiircircI IceIIca2y2,[iDrrcI�av,iergAg,rIe2flc inoinciti cn residentsc.......i.t........Il...c..I......y................1o1......c..t.:.s.en...11..c.....:..sn....l....in............l......l..i..lc..o..............icr....°
..........a.............l...............................................................:..................................................................................................
vvii I I: ii�
i::AS IIc:snIllicirir°li" cir°Ililllicir° lic:snIirc:snrlillic:sn IIc:sn rccc:snir IcIlllc it°cir°lillic:snir°
..................................R........................,,..,,........................,,..,,..,,..........,...........,,..,,..,..,,..,,....................................... ill,.,,.......m.........................................................................................................................................................L................................................................ ll"l......"cll............ llll ...........
residents to vote liirn (local elections,
A IIIII.....III�.III.....r ir.r.lU.i.rlillrir irirIlUli�:sir:srrUiiirllrlliiUiiirirU
cirnirininiiU If�gsgd grgainizatioinsIhar., cirne to( r.,Uhr.,ir with the shaired r.,lliir.,f that all rr.,,iir.,nU
r sg....it ...Il . .. .. of .........................................................................I ............Ihave,a,n ............s...r.....I ......................................................ir....l.....a..........�
...................a..,11 nl�l�,
...................................................................................................
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vasquez
brought forth a councilmember request for consideration of proposing a ballot measure to the
voters regarding noncitizen voting in municipal elections;
WHEREAS, on September 19, 2023, the City Council voted to direct staff to prepare
the ballot measure items to place the ballot measure before the voters at the November 5,
2024 election;
WHEREAS, pursuant to California Elections Code section 9222, the City Council is
authorized to submit this question to the voters at the November 5, 2024 General Municipal
Election; and;
WHEREAS, the City Council desires to consolidate the General Municipal Election for
the measure described herein with the Statewide General Election to be held on November
5, 2024; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by
reference.
Section 2 Pursuant to the California Elections Code Section 9222, and any other
applicable requirements of the laws of the State of California relating to charter cities, the City
Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on
Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting the
ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the form
of the ballot question to be submitted to the voters and the City of Santa Ana desires, on its
own motion, to submit to the voters a question of whether to permit noncitizens to vote in
municipal elections at which municipal officers are elected at the General Municipal Election
to be held on Tuesday, November 5, 2024.
eci �.in.�......0 .an � .r. l,.1.2mgU.�.2.......2.........UJ.�.2.....r.i.r.....o§..e....................�.......h......a........r...t....e........r......a........r...i.r..i...�....n..........d........ir...i.r..i....�.......n.......t.......t...e...x........................�......a....l.......l......I...b...e
.............................................................................................. fillllc:
Sec. 400... U2.1 qgg] i f.ii U li ir° III it°ir If eir �:sn ll�:sc i ire and to iririrn f irirn eiriri If�e it .
.................................................................................................f...................................................................
:f
I:sn f li (li ) ..........th the Ie riri be ..it.......f ..3 .....rii....a ..it.............°� ip ... .g......................................p.................... R......"..Il.".c..0 .l.i....it.°.).........f....it......U..I�l.e..E..a....r
....................................................................................
couo !l��III I e oduct to a rir)n r t ....�....�....iUt.°.�.�..
.:.sn.....
i[d !,ess of wheth,eir Ube:sn r :sn it ir° iis a United Statesc i t i e irn .1"on g rirn ee t the
r°'ri li it) li it°'ri a it°ire � :sn it :snr li it :snit°iri � is) U it°) e it irf lip Il :sn II II :sn U li ir° f .U.I :sn f II li f irir° li f it° U li.U..U.li it° it°
f...........................U............................................................................................................................................................................................................................................................Ill'i".............................................'ll'I'.......................................al''...................................
a ire not otheirwise dlis g!iflir: d fr lrin votiiY ( ndeir Article II II Section 4 of the California,
......................................................................
C I r:n Q,i ty gog,!) .IiII shall consist of seven � r°Ir�r:nlr°Ir�If�r:nlrr .
Section 54. The ballot question for the proposed ballot measure shall be as follows,
with identification as determined in accordance with the California Elections Code:
MEASURE
Yes
bar 1II fJbe Ir°Irir asuire to aIrlrir:snor flir:n flit f�Ibairfeir r IIII the
7......................................................................................................... 7.........................
l r:nlr°Ir If r:nlr 3 r:nllr:n fli lY IY° IY° I.lifli r:nlY Irr:nr lir r:nlY t IiIY° Il r lily � fl r r:n
9Ir¢°Is" "f2l 'Drl ¢°Isla D I Ir¢°IsIY" �;' U rl Irr Ilrl�) rla) I¢"°I"( rill r¢"° go IY"�II�"¢°Is" C�I�Ir¢°Is"�;' 111f¢°Isla
.............................R............................................R.....,..................................................r.......................................mf........................................................................
o f a �.IhII t to lilr� fJh,e flit f ainta IY��� Ir°Ire IY�li�li 'r��II elections lIf t,h, sn
7..................................................................................................................1f..................................................................................................7
a ire otheirwise r:snllli( Able t to Ir�r�eir state and local Ire e No
rr lfr�r; `rlll..)rr.the frrri pllr;..of #ie Q�ty of &rlwr a Iwrrr..approve RORGY flZeiwr
........................................................AiRa....................... ....... ri. ri........�.............................................
fwlr�f wlr� fl�f of �Ir�f Ire rlr��rwI����IC r.,ICr�,r�fwr�Ir�,� f If�wlf� IrIr�Ir�wI��4C
ffl�Ger are ..r ri.feGte .
Section 6. The question to be submitted to the voters is set forth above and other
implementing actions may need to be taken by the voters and the City Council should the
voters approve the measure.
Section 7. If the ballot measure receives a majority of the votes cast on it at the election,
the question shall be approved.
Section 8. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election. The ballots to be used at
the election shall be in form and content as required by law.
Section 9. The City Council consents to the consolidation of the election on this
Measure with all other elections being held in the same territory on November 5, 2024, and
to hold and conduct the consolidated election in the manner prescribed in Election Code
Section 10418. In accordance with Section 10403 of the Elections Code, the Board of
Supervisors of Orange County is hereby requested to consent to consolidation of the
election on this Measure with the Statewide General Election and all other elections being
held in the same territory on November 5, 2024, and to having the Registrar of Voters
render such election services to the City of Santa Ana as may be requested by the City
Clerk of said City, the County of Orange to be reimbursed in full for such services as are
performed.
Section 10. The election services requested by the City of the County Registrar of
Voters, or such other official as may be appropriate and which officer is hereby authorized
and directed to perform, if said Board of Supervisors consents, include: the preparation,
printing, and mailing of sample ballots and voter information guides; the
establishment or appointment of precincts, voting centers, and election officers; opening
and closing of voting centers, and making such publications as are required by law in
connection therewith; the furnishing of ballots, voting booths, and other necessary
supplies or materials for voting centers; the canvassing of the returns of the election and
the furnishing of the results of such canvassing to the City Clerk; and the performance of
such other election services as may be requested by the City Clerk.
Section 11. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 12. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 13. The City Clerk is hereby directed to transmit a copy of the Measure set
forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of
the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
"The above statement is an impartial analysis of Ordinance or Measure _. If you
desire a copy of the ordinance or measure, please call the election official's office
at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial analysis
shall be filed no later than the deadline for direct arguments.
Section 14. All persons qualified to vote at municipal elections in the City on the
day of election herein provided shall be qualified to vote on the Measure hereby submitted
at the General Municipal Election.
Section 15. In all particulars not recited in the Resolution, the election shall be held
and conducted as provided by law for holding general municipal elections in the City.
Section 16. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 17, The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 18. Pursuant to California Elections Code Section 9295, this Resolution
and the attached Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 19. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project,"
as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 20. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 21. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 22. The City Clerk is hereby directed to certify to the passage and adoption
of this Resolution and to file a certified copy of this Resolution with the Orange County
Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight
(88) days before the date of the election.
ADOPTED this day of , 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND
ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2023 -XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on 2023.
Date:
City Clerk
City of Santa Ana
Alla Abigail
From: 8u|maroVicente <boomer@chispaocorg>
Sent: Tuesday, October 17'2O23 114PK4
To: e[omment
Subject: 1O/17[[Meeting Public Comment Item 27[hispa'sLetter ofSupport
Attachments: [hispa LDS Item 27 1O.17Santa Ana [[.docx9df
[fcUo,
Please see Chispa's Letter of Support on Item 27.
l300u}er
Policy and Political Director |ChiSp8
e: C:
don
CEW
October 17, 2023
Mayor Amezcua and City Councilmembers
20 Civic Center Plaza
Santa Ana, CA 92701
ecornrnent(i),santa....ana.oray
Via Email
RE: SUPPORT ITEM 27 - Placing Measures on 2024 Ballot to:
1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance
2) Whether to Permit Non -Citizen Voting in Municipal Election
Dear Mayor Amezcua and City Councilmembers,
I write on behalf of Chispa to express our support for Item 27, to place two issues on the ballot:
the adoption of a Rent Stabilization (RSO) and Just Cause Eviction Ordinance (JCEO), as well as
whether to permit non -citizen voting on the November 2024 ballot.
As an organization based in the City, Chispa seeks to engage with excluded peoples to uproot
systems of oppression and cultivate systems grounded in community accountability, solidarity,
and self-determination for our communities to thrive. We are a membership based organization
for young Latinxs advocating for systemic changes across Orange County. We are strong
advocates for civic engagement and democratic elections that empower voters.
The City Council (Council) has recently taken steps to strengthen the City's RSO and JCEO
policies, policies that are the result of decades of community advocacy that has included support
from community members impacted by housing instability, charitable organizations, faith -based
organizations, and more. Bold policies such as these should allow input from voters. The
proposed ballot measure would provide voters with an opportunity to affirm the RSO and JCEO
policies; a request that has been made by impacted community members for years as they asked
the Council to put Rent Control and Just Cause Evictions on the ballot.
Furthermore, Chispa urges you to place the issue of whether to permit non -citizen voting on the
November 2024 ballot. Per the Staff Report produced for this agenda item, "Non -citizen
residents make up about 24 percent of Santa Ana's population."' About 30 percent of voting age
1 Ron Hayduk, "Early American History," accessed September 9, 2023, https://www.immigrantvotingiights.com/americanhistory
residents in Santa Ana are non -citizens. The American Immigration Council estimates that
immigrant residents, including non -citizen residents, in Orange County contributed $10.5 billion
in taxes in 2018.' Santa Ana is home to the largest share of non -citizen residents in all of Orange
County cities, and nearly 20 percent of the county's non -citizen resident population resides in
Santa Ana.' Non -citizens make up a large percentage of the City's residents - they cannot be
excluded from City elections any longer.
By placing these vital issues on the ballot, the City empowers our citizens to actively engage in
the decision -making process. Allowing voters to have the final say on these proposals not only
strengthens our democratic values but also fosters increased civic engagement. It encourages
individuals to become more informed about the issues, participate in public discourse, and take
an active role in shaping the direction of their City.
For these reasons, Chispa urges you to support this item and to place these issues on the
November 2024 ballot. Thank you for your time and consideration.
Sincerely,
Bulmaro Vicente
Policy and Political Director
CC: �J;Ani.e cua( )sai a....aga.ony
Jessiel,opez(�>san�a a aa.o
lPhaii(.ii)santa aga.on)
...
ll yaialle �apiadez(.i),sanda....aga.on)
�" ,a rI, (},
Z United States Census Bureau American Community Survey 5-Year Estimate, 2021.
3 American Immigration Council, "Map the Impact," accessed September 3, 2023,
https://cVata.ameiriicaniimmiigiratiioncouinc'ill.oirg/map the limpact/
4 United States Census Bureau American Community Survey 5-Year Estimate, 2021.
2
Alcala, Abigail
From: Nathaniel Greensides <
Sent: Tuesday, October 17, 2023 2:08 PM
To: eComment
Subject: Item 27 - October 17th 2023 City Council Meeting
Dear City Council,
I write in support of item 27's options two and three.
Sincerely,
Nathaniel Greensides
Ward 5 Resident
Alcala, Abigail
From: Julia Gomez <JGomez@aclusocal.org>
Sent: Tuesday, October 17, 2023 3:08 PM
To: eComment
Cc: Amezcua, Valerie; Lopez, Jessie; Phan, Thai; Vazquez, Benjamin; Bacerra, Phil;
Hernandez, Johnathan; Penaloza, David; Carvalho, Sonia R.
Subject: Public Comment re October 17 City Council Meeting Item 28
Attachments: 2023.10.17 ACLU SoCal Letter to Santa Ana City Council re Item 27.pdf
Attached please find public comment on Item 27, noncitizen voting resolution.
Best,
Julia
Julia Gomez, Staff Attorney
ACLU of Southern California
1313 W 8th Street, Suite 200
Los Angeles, CA 90017
(o) 213.977.5258
aclusocal.org II facebook II twitter II bloc II app
ACLU SoCal: STAND FOR JUSTICE >> Download our mobile app at mobileiusticeca.orp
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN
INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS
MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED.
1
Sent via email
October 17, 2023
Santa Ana Mayor and City Council
22 Civic Center Plaza
Santa Ana, CA 92701
Q C)IYYIYY i,(t1),f"v In Y Yri Y_G)ll` ;
Re: October 17 City Council Meeting, Item No. 27
Support for Ballot Measure on Noncitizen Voting
Dear Mayor Amezcua and Members of the City Council:
The ACLU Foundation of Southern California respectfully urges the City Council to place a
measure on the November 2024 ballot amending the City Charter to expand the electorate to noncitizen
residents.' Noncitizen residents are an integral part of the City of Santa Ana: they make up 23.6% of the
City's total population and 30% of the voting age population, pay taxes, and are subject to local laws.
Although noncitizen residents have a direct stake in the policies the City adopts, they are unable to vote in
local elections. Santa Ana has the legal authority and the tools to implement noncitizen voting, and it is
thus incumbent on the City Council to take steps to make local elections truly democratic by placing the
issue of noncitizen voting on next year's ballot.
Santa Ana has the Power to Expand the Electorate
This past August, the California First District Court of Appeal in Lacy v. City and County of San
Francisco, 94 Cal. App. 5th at 243 (2023), upheld a 2016 amendment to San Francisco's city charter to
allow noncitizen caregivers to vote in school board elections, also known as Proposition N. Although
Lacy involved school district elections, the Lacy opinion supports in full force the legality of noncitizen
voting in mayoral and city council elections.
The Court of Appeal in Lacy rejected the challenge to Proposition N for two reasons. Id. First, the
Court of Appeal examined Article II, section 2(a) of the California Constitution, which provides that a
"United States citizen who is 18 ... may vote," and determined that "neither the plain language of the
Constitution nor its history prohibits legislation expanding the electorate to noncitizens." Id. at 243, 245-
49. Second, the Court of Appeal held that charter cities have home rule authority to expand the electorate
in school district elections. Id. at 250, 259. In reaching this conclusion, the court observed that Article XI,
' The ACLU supports a measure to amend the charter outright to allow noncitizen voting by November 2026, not
the adoption of the draft resolution which includes nonbinding, advisory ballot language. Compare Cal. Elec. Code
§ 9603(c) with Draft Resolution re Noncitizen Voting Ballot Measure, 11tlp //s umt I. .IIY Y„:21YYYz , ;C�v.t.14DI Y/la�sr al/
vie �?weY?id ,208/3h;.: l� 2,.
IEXIlµ t,VliIME II)IIIN II:µ 'Ii IN II-Ic cYlm 0. Villllagpra
III SlI Ildc)H:lhdN ruled: VIl llµ CIII IF2alkr II-Ic rilligp
III EIMII:µIN lllfll I icYlhcwllcw CaacJwir7 I Sl:ar7cw Slharl II_c iriwarid Stcwtrli7c r7 IRc)IIi Jc Ik army CallcJlbergp A llar7 II krias' IFirurl: II_aricasi r" Ilrvirigp
_16[l:cwr7stcwir7, I JaH I II_affle 0sII SlI II Slhelr7lkrarurn'
1313 WWIC::ST IEIICII-IT11-1 STIRI::IC T - SU1IITI: 200 - I1..0S AINGIC II..IC::S, CA 90017 - T 213.077.9500 - If 213.915.0220 - AC11_USOCAIL.012C
Santa Ana City Council
October 17, 2023
Page 2
section 5 of the Constitution ("Home Rule Provision") grants charter cities broad authority over local
elections, including "plenary" authority over the election of municipal officers. Id. at 250-52. Because
another constitutional provision that gives charter cities authority over the manner of school board
elections was originally part of the Home Rule Provision, this indicated an intent to confer charter cities
with the same expansive authority over school board elections. Id. at 251-53. Put another way, the court
held that charter cities can expand the vote in school district elections precisely because they have broad
authority over local and municipal officer elections.
The holding and reasoning in Lacy firmly support the legality of expanding the electorate to
noncitizen residents in Santa Ana city council and mayoral elections. The Lacy court unequivocally held
that the Constitution's voter qualification requirements are not a roadblock to expanding the electorate,
reasserted that the Home Rule Provision gives charter cities like Santa Ana broad authority over
municipal elections, and emphasized that this authority "permits the voters of each charter city to
determine whether [noncitizen voting] is good policy for their city or not." Id. at 243. There is thus no
reason to deny Santa Ana voters of the opportunity to decide whether it makes sense to expand the
electorate in mayoral and city council elections.'
Santa Ana Can Successfully Implement Noncitizen Voting
The process of creating San Francisco's immigrant voting program shows that it is possible to
develop a successful program when a jurisdiction is proactive and committed to developing solutions.
Since the adoption of Proposition N, San Francisco has been working closely with community advocates
to ensure that noncitizen residents are protected and can make an informed decision for themselves about
whether to vote.' For example, San Francisco has separate noncitizen registration forms and ballots so
that noncitizen residents only register and vote in school district elections.4 San Francisco also provides
voters with a "Right to Vote Letter" that individuals applying for naturalization can then share with the
United States Citizenship and Immigration Services ("USCIS") and avoid any unnecessary delays in the
processing of the applications Advocates, in turn, have worked with the local USCIS office to educate
staff on the legality of noncitizen voting in school board elections.'
San Francisco's solutions did not happen overnight. It took intentional efforts by city officials and
community advocates to identify and research how remove roadblocks. Other jurisdictions are also
thinking through both election administration and immigrant rights issues. Oakland, for example, is
currently working with county elections officials to implement a similar measure lowering the voting age,
and the list of cities and advocates throughout the state that are also looking into how to make immigrant
voting a reality is steadily growing.' These statewide efforts confirm that, with enough political will,
Santa Ana can develop and implement noncitizen voting program in a manner that protects voters.
2 Although the Court of Appeal warned that its decision did "not leave cities with limitless authority to determine the
electorate for school board elections or, for that matter, the electorate of other municipal officers," id. at 259, the
language is not a warning for cities like Santa Ana considering expanding the electorate. Instead, the court
emphasized that "a charter city's regulation remains subject to the various guarantees and requirements of the state
and federal [c]onstitutions." Id. at 259-60 (quoting Johnson a Bradley, 2 Cal. 4th 389, 403 (1992)). In other words,
the language was a warning to cities considering measures that infringe on constitutionally protected rights.
' Ron Hayduk, Megan Dias, and Olivia Marti, Immigrant Voting and the Movementfor Inclusion in San Francisco,
Chinese for Affirmative Action and Immigrant Voting Parent Collaborative at 17-25, (Sept. 2023),
11Lt1„//s.a��I f.:.c� );;;� cr�lrr ;l �� �lc��cl� /2(-)23/O9/2::�•••CAA lznr rz�rora kicr�\ (Y iii�-, R oil F2. ,xif (providing an overview of
the efforts between San Francisco and community advocates to develop the noncitizen voting program).
4 See, e.g., Non -citizen Voter Registration Form for Nov. 2019 San Franscisco School Board Election,
1nLt1� „// )rlr..licn sfgcv ct;g/ zLr /clr�)a�nllJf%ir fics;)ar rF nt /\ clzzn /� 2:: cl �%2)JI�F ro�� kra�l�cr� Ar�l�lz�a ticr� ��df;.
s Guide to Registration and Voting Process for Noncitizen Residents: Nov. 8, 2022 School Board Election, San
Francisco Elections at 11,1)l(2s. //s:ap; s �rl; �w s s �rri;lF r�l/);); sl�ra�cls/24)23/()'/f°til(. V f rUzciF pzri f wF le Esc f'.
6 Supra, note 3 at 18.
' Supra, note 3 at 9.
A11WEIR11CAIN GIV1111l., L.111311EIRT111ES UNION11FOUINIDAT110IN 011F SOUT111411EIRIN CAL.11IF-011RIN11AI
Santa Ana City Council
October 17, 2023
We urge the City Council place a noncitizen voting measure on the November 2024
ballot. Should you have any questions, please do not hesitate to contact me at
iao—my, —ez 2 i
Sincerely,
Julia A. Gomez
Senior Staff Attorney
Cc: Valerie Amezcua, Mayor, vain ezcga(q�,,5gD1�1 a!1g.gm
............................................................. ............
Jessie Lopez, Mayor Pro Tem, j(,s�sMox.,z �y)sarita �aria�.or,,
, V* Thai * et PhanCouncilmember,
I Lsarita aria.org,
Benjamin Vazquez, Councilmember, bvaz gez(y),sarita aria.o
............................. q ....................... L)-s --------------------------------- r
Phil Bacerra, Councilmember, 1, j2qg,...g -ta( r
.....................
Jonathan Ryan Hernandez, Councilmember, iU ........ ..
David Penaloza, Councilmember, dj,
Sonia R. Carvalho, City Attorney, .s.-car-Yal flo..(� i).s ari �ta ari�a.or,,
.... ..... . .. .....
Page 3
AIIA11EIRIII CAIN III VIII 11l., IL.11I311EIRTIIIES UINIII 0IN 11FOUINIDAT110IN 011F SOUT111411EIRIN CAILIF-011RINIIA
Alcala, Abigail
From:
Allison Vo <
Sent:
Tuesday, October 17, 2023 4:15 PM
To:
Amezcua, Valerie; Lopez, Jessie; Phan, Thai; Vazquez, Benjamin; Bacerra, Phil;
Hernandez, Johnathan; Penaloza, David; eComment
Cc:
vincent@vietrise.org
Subject:
[Public Comment] 10/27/2023: Agenda Item #27 - STRONG SUPPORT
Dear Santa Ana City Council Members and Mayor Amezcua,
My name is Allison Vo and I am writing in strong support of Agenda item #27, the proposal to adopt resolutions to
place ballot measures of 1) adopting a Rent Stabilization and Just Cause Eviction Ordinance and 2) permitting
Noncitizen Voting in Municipal Elections on the 2024 General Election ballot.
I commend the city staff for their work drafting the resolution and ballot measure language. These are important first steps
to ensuring that all residents are able to uplift issues that impact them by further democratizing and increasing greater
access to government officials, programs, and resources.
Nearly one out of every four residents and one out of every three adults living in the city are non -citizens who have been
politically excluded from voting despite being impacted by the decisions made by the municipal government. All residents
of voting age, regardless of immigration status, should be able to participate in local elections.
I urge the Council to amend the current draft resolution language to further align with the spirit and principles of the
original proposal made by Councilmembers Hernandez and Lopez that has already garnered strong support from
community members.
All residents deserve to fully and actively participate in their government, and establishing noncitizen voting as a right in
the city of Santa Ana will affirmatively strengthen and bridge the ties between community members and those who are
elected to govern them. This will ultimately transform the city to one that is more wholly responsive to and closely
aligned with the needs and mandate of its residents.
Best regards,
Allison Vo
Allison Vo
Pronouns: she/they
Alcala, Abigail
From:Anita Mercado <anitamercado2328@icloud.com>
Sent:Tuesday, October
To:eComment
Subject:Item 27 - City Council Meeting Oct 17th 2023
Dear City Council,
As someone who was born and raised in Santa Ana I write in support of item 27's options 2 and 3. We must put rent
control and non-citizen voting on the ballot because all people should be able to have a say on what goes on in the city
we live in. Listen to what your constituents are telling you.
Sincerely,
Anita Mercado
1
Alcala, Abigail
From:Juliana Phan <phan.julie5374@gmail.com>
Sent:Tuesday, October
To:eComment
Subject:10/17 Agenda Item #27: Non-Citizen Voting
Hello Santa Ana City Council,
I’m Juliana Phan and I’m a resident of Orange County, as well as a volunteer with VietRISE, who has
strong ties to the immigrant community, especially around Anaheim, Little Saigon, and Santa Ana. I
had attended the 10/17 city council meeting over Zoom but was unable to speak. I am in support of
Agenda item #27, permitting Noncitizen Voting in Municipal Elections on the 2024 General Election
ballot.
Nearly half of Santa Ana's population are first-generation immigrants, which does not even account
for their children and families who were born in the US. It is the culture, sacrifices, and experiences of
these immigrants that make Santa Ana the city that it is. They start their businesses here, they go to
work here, they go to school here, they raise their children here, they even pay their taxes here, and
they are part of a cycle of learning, understanding, and growth within the Santa Ana community. The
immigrant community here in Orange County have a wide range of backgrounds and statuses, and
growing up with them has defined how I am now. For many immigrants and immigrant families,
myself included, Orange County is our home—immigrants who happen to not be citizens still belong
here and are equal to all other Santa Ana residents in every way except their immigration status. To
neglect the immigrants who are not citizens by denying them the right to vote is an injustice to the
community that contributes most to this city and punishes immigrants for living in a system that
methodically complicates the path to citizenship. Santa Ana's municipal offices do not only affect the
residents who are citizens—they represent everyone in Santa Ana, so they must be elected by them
as well.
Once again, I support agenda item #27 regarding non-citizen voting. Thank you so much, and I hope
you have a good day.
Sincerely,
Juliana Phan
1