Agenda packet — Santa Ana City Council, January 18, 2022 (part 1 of 6)

City Council and Special Successor Agency
Meeting Packet
January 18, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
David Penaloza
Mayor Pro Tem Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
Nelida Mendoza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in City Council 1 1/18/2022
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T Uverse channel 99.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Successor Agency item. You may request to speak by dialing *9 from your phone or youmayvirtuallyraiseyourhandfromZoomAftertheClerkconfirmsthelastthree City Council 2 1/18/2022
ppy
voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T Uverse channel 99.

MAILING OPTION written communications – Public comments may be mailed to:

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Successor Agency item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.

Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.

City Council 3 1/18/2022
the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON SUCCESSOR AGENCY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

NOTE: Redistricting Public Hearing Item #31 will be heard at 7:00 p.m.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Sessionitems
City Council 4 1/18/2022
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A.    Saul Miranda v. City of Santa Ana, et al., United States District Court, Case No. 8:21CV00007JVSDFM
B.    Victor Hernandez v. City of Santa Ana,  Orange County Superior Court, Case No. 30202001141768
C.    Mark Waldo v City of Santa Ana, Orange County Superior Court, Case No. 30 201901120806

2. POTENTIAL INITIATION OF LITIGATION pursuant to section 54956.9(c): One case (Dyer 18 LLC)

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:

Property: Willowick Golf Course 3017 W. 5 St. Santa Ana California Agency Negotiator: Santa Ana City Manager Kristine Ridge Negotiating Parties: Property owner
Under Negotiation: To obtain direction regarding price and terms of payment for the acquisition/sale/lease/ of the property.

Address of Properties and Parcel numbers
Assessor Parcel No. Address

1. 19823311 n/a

2. 19828601 3102 Willowick Drive

3. 19828202 3109 W. 5 Street

4. 19829103 3101 W. 5 Street

5. 19829104 3017 W. 5 Street

6. 19829105 3001 W. 5 Street

7. 19829106 3017 W. 5 Street

8. 19829108 3017 W. 5 Street
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.
th
th
th
th
th
th
th
City Council 5 1/18/2022
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Matt Doan
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Councilmember Hernandez to OC Youth Poet Laureate Tina Mai and OC Poet Laureate Natalie J. Graham for their Outstanding Contributions to Literary Arts and Poetry.

2. Proclamation presented by Councilmember Lopez to Gerardo Mouet for his Years of Outstanding Service and Contributions to the Community.

3. Certificate of Recognition presented by Councilmember Phan to Santa Anita Neighborhood Association Volunteers for their Outstanding Contributions to the Community: Martha Calderon, Lydia Castillo, Victor Castillo, Aileen Cayetano, Miranda Cayetano, Suzette Cayetano, Lucia Cleto, Grace Moreno, Gustavo Ortega, Alan Velez and Angel Velez.

STAFF PRESENTATIONS

4. COVID19 Update in the Community.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

NOTE: Redistricting Public Hearing Item #31 will be heard at 7:00 p.m.

CONSENT CALENDAR
RECOMMENDEDACTION:Approvestaffrecommendationsonthefollowing City Council 6 1/18/2022
City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Pastor Matt Doan
CEREMONIAL PRESENTATIONS

2. Proclamation presented by Councilmember Lopez to Gerardo Mouet for his Years of Outstanding Service and Contributions to the Community.

STAFF PRESENTATIONS

4. COVID19 Update in the Community.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

NOTE: Redistricting Public Hearing Item #31 will be heard at 7:00 p.m.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 28.

5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

City Council 7 1/18/2022
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 28.

5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

6. Minutes from the Regular and Special Housing Authority Meetings of December 21, 2021
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

7. Appoint Robert Harvey to the Community Development Commission for a FullTerm Expiring January 17, 2024 as the Senior Tenant Representative Department(s): Community Development Agency
Recommended Action: Nominate Robert Harvey for an appointment to the Community Development Commission for the vacant Senior Tenant Commissioner seat; nominated by the Community Development Agency.

8. Adopt Ordinance No. NSXXXX – ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the November 16, 2021 City Council meeting and approved by a vote of 42 (Mendoza, Penaloza dissented and Bacerra abstained).

Published in the Orange County Reporter on November 26, 2021.

Continued from the December 7, 2021 and December 21, 2021 City Council meetings.

Department(s): Planning and Building Agency
Recommended Action: Place Ordinance on second reading and adopt.

9. Receive and File – Fiscal Year 202021 Annual Comprehensive Financial Report, Related Audit Reports, and Measure X AgreedUponProcedures Report Department(s): Finance and Management Services
Recommended Action: Receive and file the following audited and separately issued reports for the Fiscal Year Ended June 30, 2021:

1. The Auditor’s unmodified “clean” opinion letter for the fiscal year 202021 Audited Financial Statements included in the Annual Comprehensive Financial Report (ACFR)

2. Government Auditing Standards (GAS) Letter

3. Governance Letter

4. Air Quality Management District (AQMD) Audited Financial Statements

5. The Auditor’s report on the Appropriations Limit (GANN Limit)

6. The Auditor’s report on compliance with the Statement of Investment Policy

7. Measure X AgreedUponProcedures Report

10. Approve an Appropriation Adjustment and CIP Amendment for the Downtown Flood Reduction and Stormwater Infiltration Project (Project No. 226622) (NonGeneral Fund)
City Council 8 1/18/2022
GoeetudtgStadads(GS)ette

3. Governance Letter

4. Air Quality Management District (AQMD) Audited Financial Statements

5. The Auditor’s report on the Appropriations Limit (GANN Limit)

6. The Auditor’s report on compliance with the Statement of Investment Policy

7. Measure X AgreedUponProcedures Report

10. Approve an Appropriation Adjustment and CIP Amendment for the Downtown Flood Reduction and Stormwater Infiltration Project (Project No. 226622) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022102) to recognize $3.8 million in Proposition 68 Urban Flood Protection grant funding from the California Natural Resources Agency into the PWA Enterprise Capital Grants, State GrantDirect revenue account and appropriate the same amount into the CNRA Urban Flood Protection, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $3.8 million in funding from the Proposition 68 Urban Flood Protection Grant Program for the Downtown Flood Reduction and Stormwater Infiltration Project.

11. Approve an Appropriation Adjustment and Additional Contingency Funds in the Amount of $368,825 for an Existing Construction Contract with Lucas Builders, Inc. for the Citywide Sewer Main Improvements Phase II Project with an Estimated Project Delivery Cost of $2,117,835 (Project No. 196426) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022099) to recognize $338,825 from prioryear fund balance in the Sanitary Sewer Capital Fund, Prior Year Carryforward revenue account, and appropriate the same amount to the Capital Recovery Charges, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

2. Authorize the reallocation of $30,000 in unspent Measure M2 Local Fairshare funds, $30,000 from Flower Street Safety Enhancements (Project 176897) to Citywide Sewer Main Improvements Phase II (Project No. 196426) to complete the funding needed for project delivery.

3. Approve an amendment to the Project Cost Analysis in the amount of $368,825 in additional contingency funds, for a total estimated construction delivery cost of $2,117,835, which includes $1,399,208 for the construction contract, $209,802 for contract administration, inspection and testing, and a $508,825 project contingency for unanticipated or unforeseen work, subject to nonsubstantive changes approved by the City Manager and City Attorney.

4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $368,825 in construction funds for Citywide Sewer Main Improvements Phase II (Project No. 196426).

12. Approve Appropriation Adjustment, Lease and License Agreement with Greyhound Lines, Inc., to Extend the term One Year, from February 1, 2022, through January 31, 2023, for a total amount of $87,966
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment (2022103) to recognize Fiscal Year 202122 lease income in the amount of $28,340 in the Public WorksSARTC Operations, RentalGreyhound Lines, Inc., revenue account and appropriate the same amount in the Public WorksSARTC Operations, Contract ServicesProfessional expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a second amendment to the site license agreement with Greyhound Lines, Inc., for the rental of two bus bays, and extend the term for a oneyear period from February 1, 2022, to January 31, 2023, at a monthly rate of $3,000 for the first six months and at a monthly rate of $5,498 from August 1, 2022 to January 31, 2023, for a total amount of $50,988, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022 XXX).

3. Authorize the City Manager to execute an amendment to the site lease agreement with Greyhound Lines, Inc. for rental of interior office space and extend for a oneyear period from February 1, 2022, to January 31, 2023, at a monthly rate of $2,668 for the first six months and at a monthly rate of $3,495 from August 1, 2022, to January 31, 2023, for a total amount of $36,978, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

13. Approve Appropriation Adjustment Recognizing Additional National Dislocated Worker Grant – Employment Recovery Funds to Provide Employment Training and Support Services to Individuals Impacted by the Pandemic (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve an appropriation adjustment (2022100) recognizing additional National Dislocated Worker Grant, Employment Recovery funds from the State of California, Employment Development Department to provide reemployment and training services to individuals impacted by COVID19 in the amount of $160,000 in revenue account (no. 1231800252009) and appropriating same to expenditure account (nos. 12318762various). (Requires five affirmative votes)

14. Amend a Blanket Order Contract with Professional Access CCTV & Electrical in an Amount not to Exceed $700,000 Annually for Implementation of Additional Security Measures on an AsNeeded Basis (Specification No. 21084) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Amend a blanket order contract for implementation of additional security measures and maintenance repair services with Professional Access CCTV & Electrical in the amount of $675,000 plus a contingency of $25,000, for a total amount not to exceed $700,000 annually, for a oneyear period beginning September 1, 2021, and expiring August 31, 2022, with provisions for two, oneyear renewal options exercisable by the City Manager, subject to nonsubstantive changes approved by the City Manager and City Attorney.

15. Approve a Blanket Order Contract for an annual amount of $53,000 with Cintas CorporationforUniformRental&CleaningServices(SpecificationNo22006) City Council 10 1/18/2022
p
additional security measures and maintenance repair services with Professional Access CCTV & Electrical in the amount of $675,000 plus a contingency of $25,000, for a total amount not to exceed $700,000 annually, for a oneyear period beginning September 1, 2021, and expiring August 31, 2022, with provisions for two, oneyear renewal options exercisable by the City Manager, subject to nonsubstantive changes approved by the City Manager and City Attorney.

15. Approve a Blanket Order Contract for an annual amount of $53,000 with Cintas Corporation for Uniform Rental & Cleaning Services (Specification No. 22006) (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Approve a Blanket Order Contract with Cintas Corporation for an annual amount not to exceed $53,000 for the period of April 1, 2022 through March 31, 2023, with an option for additional four oneyear renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16. Award a Purchase Order to Wondries Fleet Group for Three Ford Police Interceptor K9 Utility Vehicles in the Amount of $126,616 (Specification No. 21094) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Wondries Fleet Group for the purchase of three Ford Police Interceptor K9 Utility vehicles for the Santa Ana Police Department, for a total amount not to exceed $126,616, subject to nonsubstantive changes approved by the City Manager and City Attorney.

17. Approve a ThreeYear Agreement with Advanced Technology Information Management Systems in the Amount of $268,223 for Jail Management System Maintenance (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Advanced Technology Information Systems for software maintenance and customer support, for the period of January 18, 2022 through December 18, 2024, in an amount not to exceed $268,223 (including a $238,223 base agreement amount and a $30,000 contingency), subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

18. Amendment Agreement with Blueray Management, LLC for Management and Operation Services of the Aquatics Programs at City Pools (General and NonGeneral Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Blueray Management, LLC for the operation services of the aquatics program at City pools to include maintenance of the pools and increase the compensation by $263,060, for an annual amount not to exceed $432,527, which includes a 10% contingency, for the final term of their agreement from February 1, 2022 through January 31, 2023 and a total agreement amount not to exceed $771,461 over the total term of the agreement from February 1, 2020 through January 31, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

City Council 11 1/18/2022
yg
agreement with Blueray Management, LLC for the operation services of the aquatics program at City pools to include maintenance of the pools and increase the compensation by $263,060, for an annual amount not to exceed $432,527, which includes a 10% contingency, for the final term of their agreement from February 1, 2022 through January 31, 2023 and a total agreement amount not to exceed $771,461 over the total term of the agreement from February 1, 2020 through January 31, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

19. Approve a Second Amendment to Agreement with E Source Companies, LLC (formerly known as UtiliWorks Consulting, LLC) for Utility Billing Software Upgrade Program Management for an Amount not to exceed $45,936, Which Includes a General Contingency of $4,176 (NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a second amendment to an agreement with E Source Companies, LLC (formerly known as UtiliWorks Consulting, LLC) for project management related to the City’s utility customer service and billing system upgrade in a base amount of $41,760 and a general contingency amount of $4,176, for a total amount not to exceed $45,936 subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No. 2022XXX).

20. Approve a Third Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a third amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional month through February 28, 2022, at the per diem rate of $135 per guest for an additional amount not to exceed $378,000 and a total aggregate amount not to exceed $2,178,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

2. Authorize the City Manager to execute a third amendment to the funding agreement with Illumination Foundation to pay $135 per diem for up to 100 guests, at an amount not to exceed $378,000, and a total aggregate amount not to exceed $2,178,000, of additional ESGCV funds to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

21. Approve a Second Amendment to Salvation Army Agreement to Extend the Operation of a Temporary Shelter at the Hospitality House for One Month (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:

1. A second amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for an additional month at the amount of $130,000 per month, for a total aggregate amount not to exceed $1,040,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

City Council 12 1/18/2022
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:

2. A second amendment to the funding agreement with Salvation Army to use $130,000 per month of additional ESGCV funds to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,040,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

22. Approve Agreements with Vicon Enterprises, Inc. and Superior Hot Tapping Services, Inc. for OnCall Welding Services, for a Total Amount not to Exceed $500,000, for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with Vicon Enterprises, Inc. and Superior Hot Tapping Services, Inc. to provide oncall welding services, for a threeyear term beginning January 18, 2022 and expiring January 17, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $500,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

23. Approve Agreements with KDC Systems, Trimax, and Instrument Control Services for Water Resources Control Panel Building Services for a Total Amount not to Exceed $750,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with KDC Systems, Trimax, and Instrument Control Services to provide control panel building services, for a threeyear term beginning January 18, 2022, and expiring January 17, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $750,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

24. Approve an Agreement with Focus Media Group Focus Media Group, Inc. to Install, Repair, and Maintain Bus Stops/Shelters and Kiosks throughout the City, for a TenYear Term Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Focus Media Group, Inc. to install, repair, and maintain bus stops/shelters and kiosks throughout the City, and to share advertising revenue from bus stops/shelters and kiosks, for a tenyear period beginning no later than February 17, 2022, and ending February 16, 2032, with an option to extend for a period of five years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

25. Resolution Authorizing Proposals for Funding from the Department of Water City Council 13 1/18/2022
Recommended Action: Authorize the City Manager to execute an agreement with Focus Media Group, Inc. to install, repair, and maintain bus stops/shelters and kiosks throughout the City, and to share advertising revenue from bus stops/shelters and kiosks, for a tenyear period beginning no later than February 17, 2022, and ending February 16, 2032, with an option to extend for a period of five years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

25. Resolution Authorizing Proposals for Funding from the Department of Water Resources for the Rousselle Street Flood Protection Project and the Warner Avenue Flood Protection Project
Department(s): Public Works Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution authorizing proposals for funding from the Department of Water Resources Proposition 68 Floodplain Management, Protection, and Risk Awareness Grant Program for the Rousselle Street Flood Protection Project and the Warner Avenue Flood Protection Project.

26. Resolution Accepting the Donation of a Police K9 Animal from Johanna Scillieri for the Santa Ana Police Department K9 Program
Department(s): Police Department
Recommended Action: Resolution No. 2022XXX – Adopt a resolution accepting the donation of a Police K9 animal from Johanna Scillieri for the Santa Ana Police Department’s K9 Program.

27. Resolution Condemning the Recent Rise in Antisemitic Violence and Harassment Targeting Jewish People, and Standing in Solidarity with those Affected by Antisemitism
Department(s): City Manager Office
Recommended Action: Resolution No. 2022XXX – Adopt a resolution condemning the recent rise in antisemitic violence and harassment targeting Jewish people, and standing in solidarity with those affected by antisemitism.

28. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and all Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022XXX – Adopt resolution to consider continuing the use of teleconferencing for the meetings of City Council and all boards, committees, and Commissions pursuant to the provisions of Assembly Bill 361 for the next 30 days.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

29. Review the City Council Standing Subcommittees Interest List and Appoint Members City Council 14 1/18/2022
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

29. Review the City Council Standing Subcommittees Interest List and Appoint Members Department(s): Clerk of the Council Office
Recommended Action: Review the City Council Standing Subcommittees interest list and appoint members to serve as representatives to the Public Safety and Homelessness Standing Subcommittee and the Legislative Standing Subcommittee through December 2022 per Resolution No. 2021089.

30. Fiscal Year 20212022 General Fund First Quarter Budget Update Continued from the December 21, 2021 City Council Meeting.

Department(s): Finance and Management Services
Recommended Action: 1. Receive and file the fiscal year 20212022 General Fund First Quarter Budget Update, including the increased sales tax and property tax estimates (Exhibit 1).

2. Amend the fiscal year 20212022 budget to add one position funded by the Water enterprise within the Finance and Management Services Agency (Exhibit 2) and approve a $42,720 Appropriation Adjustment to fund the position for the remainder of FY2122. (Requires five affirmative votes)

3. Approve onetime General Fund Appropriation Adjustments totaling $26,205,000 described in detail below and in Exhibit 4 for fiscal year 20212022. (Requires five affirmative votes)

4. Approve recurring General Fund Appropriation Adjustments totaling $3,216,900 described in detail below and in Exhibit 4 for fiscal year 20212022, which includes funding for three positions in the Community Development Agency (Exhibit 2), City Clerk’s Office, and City Attorney’s Office. (Requires five affirmative votes)

5. Resolution No. 2022XXX – Adopt a resolution amending the current Fiscal Year 20212022 Annual Budget to add one fulltime position in the Finance and Management Services Agency and one fulltime position in the Community Development Agency (Exhibit 2).
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

31. Hold Fifth Public Hearing Regarding Redistricting Ward Boundaries Resolution of Intention No. 2021060 published in the Orange County Register on October 23 and 30, 2021
Department(s): Clerk of the Council
Recommended Action: Open and Close the fifth public hearing seeking input City Council 15 1/18/2022
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

32. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021.

Continued from the December 7, 2021 and December 21, 2021 City Council meetings.

Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.

2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.

3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes.

33. Public Hearing – Proposed City of Santa Ana Events Permit Policy and Amendments to the Fiscal Year 20212022 Miscellaneous Fees Resolution specific to Film Permits and Park Facility Permits
Legal Notice published in the Orange County Reporter on January 7, 2022 and January 14, 2022.

Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution approving the proposed Events Permit Policy, including park facility permits, film permits, land use certificate, and special event permits.

2. Resolution No. 2022XXX – Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 202122 specific to film permits and park facility permits.

COUNCILMEMBER REQUESTED ITEMS

34. Discuss and Consider Directing City Manager to Direct Staff to Explore a Policy Relating to Commemorative or Honorary Street Names – Councilmember Hernandez City Council 16 1/18/2022
Schedule of Miscellaneous Fees for Fiscal Year (FY) 202122 specific to film permits and park facility permits.

COUNCILMEMBER REQUESTED ITEMS

34. Discuss and Consider Directing City Manager to Direct Staff to Explore a Policy Relating to Commemorative or Honorary Street Names – Councilmember Hernandez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Special Successor Agency meeting.

Adjourn in memory of Ruth Ann Segerstrom Moriarty
and
Antonette Louise (Bottari) Christensen
Future Items

1. Mental Health Mobile Outreach Services

2. Housing Element Update

3. Billboard Ordinance Update

4. Cannabis Ordinance Update
SPECIAL SUCCESSOR AGENCY
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address Successor Agency on items on the Special Successor Agency Authority agenda.

CONSENT CALENDAR
City Council 17 1/18/2022

1. Mental Health Mobile Outreach Services

2. Housing Element Update

3. Billboard Ordinance Update

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3.

1. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

2. Minutes from the Special Successor Agency Meeting of January 19, 2021 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

3. Recognized Obligation Payment Schedule for the Period of July 1, 2022 through June 30, 2023
Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2022 through June 30, 2023 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. **END OF CONSENT CALENDAR**

SUCCESSORAGENCYCOMMENTS
City Council 18 1/18/2022
p()ypgy
Recommended Action: Resolution No. 2022XXX – Adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2022 through June 30, 2023 pursuant to Part 1.85 of Division 24 of the California Health & Safety Code. **END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
ADJOURNMENT – Adjourn the Successor Agency meeting.

City Council 19 1/18/2022
DRAFT
City Council 6 – 1 1/18/2022
DRAFT
City Council 6 – 2 1/18/2022
DRAFT
City Council 6 – 3 1/18/2022
DRAFT
City Council 6 – 4 1/18/2022
DRAFT
City Council 6 – 5 1/18/2022
DRAFT
City Council 6 – 6 1/18/2022
DRAFT
City Council 6 – 7 1/18/2022
DRAFT
City Council 6 – 8 1/18/2022
DRAFT
City Council 6 – 9 1/18/2022
DRAFT
City Council 6 – 10 1/18/2022
DRAFT
City Council 6 – 11 1/18/2022
DRAFT
City Council 6 – 12 1/18/2022
DRAFT
City Council 6 – 13 1/18/2022
DRAFT
City Council 6 – 14 1/18/2022
DRAFT
City Council 6 – 15 1/18/2022
DRAFT
City Council 6 – 16 1/18/2022
DRAFT
City Council 6 – 17 1/18/2022
DRAFT
City Council 6 – 18 1/18/2022
DRAFT
City Council 6 – 19 1/18/2022
DRAFT
City Council 6 – 20 1/18/2022
DRAFT
City Council 6 – 21 1/18/2022
DRAFT
City Council 6 – 22 1/18/2022
DRAFT
City Council 6 – 23 1/18/2022
DRAFT
City Council 6 – 24 1/18/2022
DRAFT
City Council 6 – 25 1/18/2022
DRAFT
City Council 6 – 26 1/18/2022
DRAFT
City Council 6 – 27 1/18/2022
Planning and Building Agency
www.santa-ana.org/pb
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 18, 2022
TOPIC: Second Reading of Zoning Ordinance Amendment No. 2021-03 AGENDA TITLE:

Adopt Ordinance No. NS-XXXX – ZONING ORDINANCE AMENDMENT NO. 2021-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE

SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY

ORDINANCE

RECOMMENDED ACTION
Place Ordinance on second reading and adopt.

DISCUSSION
The City Council conducted the first reading of the Ordinance on November 16, 2021. As part of the first reading of the Ordinance, the majority members of the City Council discussed, articulated, and directed staff to make conforming revisions to the Ordinance reflecting the following refinements for the second reading of the Ordinance:
 Omit new priorities that do not directly relate to the production of new affordable housing units.
 Reduce to 5% inclusionary for for-sale units.
 Include a provision to vest entitled projects and make the necessary conforming changes to the Ordinance, and include a vested project list as an exhibit to the Ordinance.
 Require and phase in the use of a local skilled and trained workforce only for new projects proposing 20 or more residential lots or units exercising the in-lieu fee option to satisfy the inclusionary requirements of the Ordinance, and clarify that the provision is not applicable to projects receiving funding from the inclusionary housing fund. The implementation of this provision shall be phased as follows:
11/17/2021 – 12/31/2025
$15 – No requirements
$10 – 30% STW + 2 trades & 20% local hire
$ 5 – 60% STW + 3 trades & 20% local hire
1/1/2026 thereafter
$15 – 30% STW & 35% local hire
$10 – 60% STW & 35% local hire
$ 5 – 90% STW & 35% local hire
City Council 8 – 1 1/18/2022
Second Reading of Zoning Ordinance Amendment No. 2021-03 January 18, 2022

Page 2 ends

 Require an affirmative vote by 5 members of the City Council in order to modify the in-lieu fee structure and the local skilled and train workforce provision.  Incorporate a local density bonus provision for for-sale units only.

For ease of review, a redline version of the adopted Ordinance presented at the first reading on November 16, 2021 is attached (Exhibit 1) reflecting the necessary changes and conforming modifications. The clean version of this Ordinance is attached as Exhibit

2. ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. It is recommended that the City Council finds and determines that this Ordinance 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 CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a project, it 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." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Redline of Ordinance adopting Zoning Ordinance Amendment No. 2021-03 without Exhibit

2. Ordinance adopting Zoning Ordinance Amendment No. 2021-03 and Exhibit A Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 8 – 2 1/18/2022
Ordinance No. NS-XXX

Page 1 of 18 ends

ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE

SANTA ANA MUNICIPAL CODE REGARDING THE

HOUSING OPPORTUNITY ORDINANCE

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.

NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I. – Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City’s Housing Element Goal of providing affordable housing within the City.

B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing.

C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in-lieu fees collected by the City.

D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee’s recommendations were presented and discussed at the City Council Meeting on July 6, 2021.

E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee’s recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 8 – 3 1/18/2022
Ordinance No. NS-XXX

Page 2 of 18 ends

and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units, and options for satisfaction of inclusionary requirements.

F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance.

G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee.

H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance.

I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance.

Section 2. The City Council finds and determines that this Ordinance 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 CEQA Guidelines. Furthermore, the proposed Ordinance 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." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment.

Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety.

Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows:

ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION

ORDINANCE
City Council 8 – 4 1/18/2022
Ordinance No. NS-XXX

Page 3 of 18 ends

Sec. 41-1900. Purpose.

This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership.

Sec. 41-1901. Definitions.

As used in this article, the following terms shall have the following meanings:

Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3) persons in the case of a two-bedroom unit, four (4) persons in the case of a threebedroom unit, and five (5) persons in the case of a four-bedroom unit.

Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article.

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows:

Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit.

Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit.

Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit.

Moderate-income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit.

The qualifying limits for extremely low-income, very low-income, low-income and moderate-income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development.

Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan.

City Council 8 – 5 1/18/2022
Ordinance No. NS-XXX

Page 4 of 18 ends

Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project.

Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq.

Executive director means the executive director of community development for the city.

General plan means the adopted general plan for the City of Santa Ana.

Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited.

Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project.

Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate-income households, at an affordable housing cost, in compliance with this article.

Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost.

Market rate units means dwelling units in a residential project that are not inclusionary units.

Moderate-income units means inclusionary units restricted to occupancy by moderate-income households at an affordable housing cost.

Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time.

Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants.

Residential project/project means any of the following:

A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or
City Council 8 – 6 1/18/2022
Ordinance No. NS-XXX

Page 5 of 18 ends

The new construction of a project consisting of five (5) or more multi-family units; or
The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership.

Target area means that area designated by the city from time to time, on an as-needed basis, as a priority area for rehabilitation due to health and safety concerns.

Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments.

Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units which has not been issued a building permit or paid the in-lieu fee as of November 17, 2021, including new construction and condominium conversions, which meets one or all of the following applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a mixed-use development above the percentage permitted under the zoning classification at the time of application.
(4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above.

City Council 8 – 7 1/18/2022
Ordinance No. NS-XXX

Page 6 of 18 ends

(c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten five (510) percent of the total number of units in the project shall be sold to moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows:
(1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or
(2) A minimum of ten (10) percent shall be rented to very low-income households, or
(3) A minimum of five (5) percent shall be rented to extremely low-income households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households.
(e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded-up to the next whole unit. The developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide onsite inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article.

Sec. 41-1903. Exempt projects.

City Council 8 – 8 1/18/2022
Ordinance No. NS-XXX

Page 7 of 18 ends

(b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse.
(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference.

Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On-site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on-site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on-site inclusionary units in accordance with the requirements and procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sumtotal of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off-site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city City Council 8 – 9 1/18/2022
Ordinance No. NS-XXX

Page 8 of 18 ends

at a rate of one and one-half (1½) habitable square feet per each required habitable square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In-Lieu Fee Schedule
Units/Lots Fee Per Square Foot of
Habitable Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
(ii) Local Skilled and Trained Workforce Incentive. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the inlieu fee payment optionThe in-lieu fee. The implementation of this subsection shall be phased as follows:
(A) Between November 16, 2021 and December 31, 2025, a
project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. for fifteen (15) or more units However, Tthis fee shall be reduced if the developer voluntarily provides the City with an executed enforceable commitment to use a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below as follows:

Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
City Council 8 – 10 1/18/2022
Ordinance No. NS-XXX

Page 9 of 18 ends

30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 2035% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(B) Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot inlieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601; and that a minimum of 35 percent of the required skilled and trained workforce total work-hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below:

Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
60% of workforce $10.00
90% of workforce $5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in-lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund.

City Council 8 – 11 1/18/2022
Ordinance No. NS-XXX

Page 10 of 18 ends

(4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council.

Sec. 41-1904.1. Inclusionary housing development incentives for production of units.
(a) In order to make the production of new inclusionary units on-site or off-site or offsite rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions:
(1) Parking concession. One on-site parking space for each zero to one bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2½) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on subject property;
(ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on-site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer-funded down payment assistance, or subsidy of services, activities or programs. (1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for-sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent.

City Council 8 – 12 1/18/2022
Ordinance No. NS-XXX

Page 11 of 18 ends

2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan.
(c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented.

City Council 8 – 13 1/18/2022
Ordinance No. NS-XXX

Page 12 of 18 ends

(1) The sum-total area (in habitable square feet) of all the newly constructed off-site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards.
(2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off-site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off-site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence.

City Council 8 – 14 1/18/2022
Ordinance No. NS-XXX

Page 13 of 18 ends

(3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price.

For these purposes, the restricted resale price shall be the applicable affordable housing cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owneroccupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article.

City Council 8 – 15 1/18/2022
Ordinance No. NS-XXX

Page 14 of 18 ends

(2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.
(i) Principal residency requirement.

1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months.

2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director.

Sec. 41-1907. Reserved.

Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

Page 15 of 18 ends

funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership coinvestment, pre-development loan funds, participation leases, or other public-private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged and should to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601 to complete the construction of the project. and If so provided, shall also include a minimum of 35% of such labor all work-hours for the project shall be performed in accordance with local hire policies approved by the City Council.

Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing inlieu fee shall be subject to city council review and consideration as needed.

City Council 8 – 17 1/18/2022
Ordinance No. NS-XXX

Page 16 of 18 ends

(b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner-occupancy requirements are maintained.

Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements.

The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project.
(e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article.

Secs. 41-1911—41-1999. Reserved.

Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 6. This Ordinance shall become effective thirty (30) days after its adoption.

City Council 8 – 18 1/18/2022
Ordinance No. NS-XXX

Page 17 of 18 ends

Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2021.

_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 8 – 19 1/18/2022
Ordinance No. NS-XXX

Page 18 of 18 ends

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 8 – 20 1/18/2022
Ordinance No. NS-XXX

Page 1 of 17 ends

ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE

SANTA ANA MUNICIPAL CODE REGARDING THE

HOUSING OPPORTUNITY ORDINANCE

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.

Page 2 of 17 ends

and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units, and options for satisfaction of inclusionary requirements.

F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance.

Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety.

Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows:

ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION

ORDINANCE
City Council 8 – 22 1/18/2022
Ordinance No. NS-XXX

Page 3 of 17 ends