Santa Ana City Council
April 5, 2022

5 Section 406: Council Judge of
Elections and Qualifications of
Members
Adds “or at a special meeting”
6 Section 413: Adoption
(Ordinances)
Adds “resolutions” to title; clarifies effective date and who can sign, and provides that ordinances
amended after the first reading must be reintroduced to be consistent with state law 7 Section 613: Claims—
Formalities; Treasury Warrants
Finance recommends revising this section to
streamline the process for paying invoices. The
prescribed process in the Charter is outdated.
8 Section 1000: Civil Service
System
Revises equal opportunity provisions; adds “with
concurrence of the City Council” relating to the civil
service rules
9 Section 1002: Civil Service and
Excepted Service
Administrative clean-up; revisions to ensure
compliance with CalPERS rules and other applicable
laws and regulations
10 Section 1010: Prohibitions Updates anti-discrimination provision and adds a provision requiring that the City Council adopt an
anti-nepotism policy
11 Section 1011: Contract for
Performance of Administrative
Functions
Changes “personnel” to “human resources”
12 Section 1014: Work Stoppages Removes this section in its entirety 13 Section 1208: Enforcement Allows that the City to contract with a State or County entity to enforce the provisions of this section
14 Section 1400: Employees’
Retirement System
Revisions to be consistent with revisions in Section
1002
15 [various] Replaces gender-specific language with genderneutral language 16 [various] Replaces "clerk of the council" with "city clerk" The text relating to each proposed Charter amendment (Exhibit 1) is attached to the staff report.

Timeline to Submit Charter Amendments for the November 2022 General Election In the event that the City Council decides to submit one or more proposed Charter amendments to the voters at the General Municipal Election on November 8, 2022, and to ensure sufficient time to prepare all the necessary documents and provide for a ballot argument process, the City Council must make the decision relative to submitting ballot measures by no later than the June 7, 2022 City Council meeting. Specifically, by the June 7, 2022 meeting, the City Council must accomplish the following:
 Adopt a resolution calling for the placement of a ballot measure regarding proposed Charter amendment(s) (§9280, 9282);
 Request that the Orange County Board of Supervisors consolidate with the Statewide General Election;
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City Charter
April 5, 2022

 Authorize the filing of direct arguments and rebuttals designating up to five (5) Councilmembers to author an Argument and Rebuttal statement;  Direct the City Attorney to prepare an impartial analysis (§ 9280); and  Direct the Clerk of the Council to publish legal notices as required by law.

The Clerk of the Council has prepared a detailed calendar of deadlines relating to adding ballot measures to be considered at the November 8, 2022 General Municipal Election (Exhibit 2).

Options for Consideration by the City Council
The City Council has the following options to consider relating to this item:

1. Concur with the 2022 Ad Hoc Committee regarding the proposed Charter amendments 1 through 16; or

2. Review the proposed Charter amendments 1 through 16 and direct staff to prepare revised proposed Charter amendments 1 through 17 as discussed; and

3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for November 3, 2020 General Election.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

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

EXHIBIT(S)

1. Proposed Charter amendments text (redline / track changes)

2. Calendar of Deadlines
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
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Sec. 400. - Number, selection and terms of members.

The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member’s his or her successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City.

Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large.

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Sec. 401-Qualifications of members
To be eligible to be elected to the office of councilmember, a person must demonstrate that the candidate has been both (1) be a thirty (30) day registered qualified voter in the ward from which the candidate is nominated and (2) and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued. as provided for in A policy providing for proof of residency will be adopted by ordinance by the majority of the City Council. The residency address and voter registration address must be the same. the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time.

To be eligible to be elected to the office of mayor a person must demonstrate that the person has been both (1) a thirty (30) day registered voter within the city and (2) a thirty (30) day resident of the city at the time nomination papers are issued. A policy providing for proof of residency will be adopted by ordinance by a majority of the City Council. The residency address and voter registration address must be the same.

In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.

RECOMMEND: Moving to new Section entitled “Term Limits” A person who has served three (3) consecutive terms of four (4) years each shall beeligible for appointment, nomination for or election to the office of councilmember(regardless of wards represented by that person during such period) no sooner thanfor a term beginning eight (8) years after completion of that councilmember's thirdconsecutive full term.

Short or partial terms shall not be considered in determining eligibility for appointment,nomination or election. For purposes of this Charter, short or partial terms shallonly be those where the councilmember was elected or appointed to replace anothercouncilmember who left office before the latter official's term expired. Any councilmemberwho assumed office at the beginning of a term and left office early for any reasonwhatsoever shall be deemed to have served a full term; provided, however that anyperson who has served twenty (20) consecutive years in office, as both a council memberand mayor, regardless of the order in which they served, shall not be eligible forappointment, nomination or election as a council member or as mayor, no sooner thanfor a term beginning eight (8) years after completion of the council member or mayoralterm, or vice versa. The provisions of this section related to short or partial termsis deemed to be declaratory of existing law.

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SECTION 401.01- Term Limits (NEW SECTION)
This section is a restatement of the current term limit provisions in Charter Section 401 and 404.

Sec. 401.01.- Term limits.

A. Councilmembers
A person who has served three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's third consecutive full term.

Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term; provided, however that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term, or vice versa. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.

B. Mayor
A person who has served four (4) consecutive terms of two (2) years each, commencing with the term entered as a result of the November 2012 election, shall be eligible for appointment, nomination for or election to the office of mayor no sooner than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not apply to eligibility for appointment, nomination for or election to a council member office; provided, however, that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term.

Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.

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Section 401.05
Sec. 401.05. - Code of ethics and conduct.

The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review adopt the Code of Ethics and Conduct and make any amendments by ordinance or resolution within six months of the effective date of this Charter section.

Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief or department director shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The City Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review.

Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for futher review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation by one of the Council’s appointed employees shall be handled as a personnel matter.

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Sec. 404. - Presiding officer, mayor.

The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office.

The mayor shall be elected by the voters of the City at large at each general municipal election in November of even-numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy.

To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.

RECOMMEND: moving to separate section entitled “Term Limits.” A person who has served four (4) consecutive terms of two (2) years each, commencing with the term entered as a result of the November 2012 election, shall be eligible for appointment, nomination for or election to the office of mayor no sooner than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not apply to eligibility for appointment, nomination for or election to a council member office; provided, however, that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term.

Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired.

Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.

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Sec. 405. - Mayor pro tem.

Each calendar year, at the In the first meeting in January, of the City Council following any general or special election at which members of the City Council are elected, the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council.

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Sec. 406. - Council judge of elections and qualifications of members.

The City Council shall be the judge of the election and qualifications of its member(s) as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any.

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Sec. 413. - Adoption (resolutions and ordinances).

Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading introduction and the time of its second reading final passage, except for clerical errors or corrections as discussed by the Council providing its general scope and original purpose are retained. The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance.

No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened.

All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Councill shall first ask the mayor pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution.

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Sec. 609. - Budget appropriations.

From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.

At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two-thirds ( 2/3 ) four of the members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget; except that the City Council shall not reduce that portion of the budget providing for the support of public recreation programs below the amount specified in section 607 of this article.

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Sec. 613. - Claims—Formalities; treasury payment warrants.

Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the format, or forms, on in which claims against the City shall be presented. to him. Each such claim shall be presented to the director of finance department. The director of finance shall prescribe internal controls for examination and audit of each claim, who shall examine and audit it. If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance shall so certify on the original form evidencing the claim and shall authorize payment from draw his warrant on the treasury, and against the proper fund, for the payment thereof.

All claims certified for payment by the director of finance, and payments warrants drawn by the finance director him for the payment thereof, shall be transmitted by the finance director him to the City Manager together with a list of such payments warrants payable from each fund, showing for each payment,warrant the number, date, and amount of the payment warrant and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof draw his warrant on the treasury in payment thereof. For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment draw his warrant in payment thereof.

Payment dueWarrants on the City treasury which are not paid for lack of funds shall be registered.

All registered payments warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution.

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ARTICLE X. - CIVIL SERVICE
Sec. 1000. - Civil service system.

A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance: and as may be recommended by the personnel board:
(a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government. (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law. age, sex, race, religion, creed, marital status, physical handicap, or national origin.
(d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service.

The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees.

The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide:
(a) Preference for veterans for appointment to civil service positions consistent with the principle of merit.
(b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class.
(c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position.

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Sec. 1002. - Civil service and excepted service.

The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions:
(1) The individual offices held by all elective officers; (2) The City Manager and the City Manager’s his assistants, if any; (3) The City Attorney and the City Attorney’s his legal assistants, if any; (4) The Clerk of the Council;
(5) The director of finance;
(6) The director of personnel, if any;
(57) The head of each department of the City as specified by ordinance or resolution not otherwise specified herein, and the chief administrative officer of the community redevelopment agency of the City of Santa Ana, and of the housing authority of the City of Santa Ana, but not including the police chief or the fire chief; (68) One private secretary to the City Manager;
(79) All members of boards and commissions;
(810) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; (911) Positions in any class or grade created for a special or temporary purpose;, and which are to exist for a period of not longer than ninety (90) days; (12) Positions of any class or grade exempted from the civil service for a maximum of six (6) months in any calendar year provided that the personnel board upon application of the City Manager and after public notice and hearings recommends to the City Council such exemption and the City Council grants such exemption by motion adopted by two-thirds ( 2/3) of its members. Any such exemption shall not affect the tenure of any person whose appointment has become final under civil service;
(103) Part-time positions or employments; requiring less than twenty (20) regular hours of employment per week;
(14) School crossing guards;
(115) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service.
(c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve (12) months of the employee’s appointment to the excepted service, the employee shall revert to the employee’s his former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously.

Formatted: Normal
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Sec. 1010. - Prohibitions.
(a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee’s his or her race, age, color, religion, sex or national origin. Membership in a protected class under state or federal law. (b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law.
(c) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City.
(d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. (e) No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other employment decision. The City Council shall adopt an anti-nepotism policy.

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Sec. 1011. - Contract for performance of administrative functions.

The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources personnel administration service.

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Sec. 1014. -– Reserved. Work stoppages.

Any officer or employee of the City who engages in any strike, sickout, or other partial or total stoppage of work shall be summarily subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the personnel board.

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Sec. 1015. - Penalty for violation of article.

In addition to the penalties provided for in this charter for violations of its provisions, any person who individually by himself or with others violates any of the provisions of this article shall upon conviction thereof be ineligible for a period of three (3) years for employment in the service of the City and shall immediately forfeit the person’s his office or position if the person is he be an officer or employee of the City.

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Sec. 1206. - Campaign contribution limitation.
(Aa) No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. As used herein, "election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election in the City of Santa Ana to the same office. As used herein, “person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert.
(B) A restricted developer or principal shall not make a contribution to the Mayor, member of the City Council, or a candidate or a controlled committee for these elected City offices. The restrictions regarding Restricted Developers apply from the time an application is submitted until 12 months after the date a letter of determination is issued, or if none, the date the decision on the application is final. If the application is withdrawn or terminated pursuant to the City’s Zoning Code, the restriction applies until the day after the termination or the filing of the withdrawal. 1) For purposes of this section and section 1206.01, the following definitions apply:
a) “Applicant” means a person who is identified as the applicant on an application filed with the City’s Planning and Building Department for a Significant Planning Entitlement as defined herein and includes any subsequent person identified as the applicant; b) “Owner” means a person identified as a property owner in conjunction with the applicant for a Significant Planning Entitlement;
c) “Principal” means a restricted developer’s chair, president, chief executive officer, chief operating officer, and any individual who serves in the functional equivalent of one or more of these positions; a person who holds an ownership interest of 20 percent or more in a Restricted Developer; and an individual authorized to represent a Restricted Developer before the Planning and Building Department concerning the Significant Planning Entitlement; d) “Significant Planning Entitlement” means the following planning approvals that are not solely ministerial: density bonus, development agreement, general plan amendment, site plan review, specific plan establishment, tentative tract map, vesting tentative tract, or zone change. e) “Restricted Developer” means any Applicant, Owner or Principal with an application for a Significant Planning Entitlement that has been submitted to the City’s Planning and Building Agency.

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Draft Charter Section 1206.01- Required Disclosures (New) A. Purpose
The purpose of this section is to supplement the required disclosures pursuant to the Political Reform Act and to increase transparency regarding campaign contributions to City elected officials, candidates for City elective office, their campaign committees, and other committees formed to support or oppose ballot measures or candidates within the City of Santa Ana.

B. Required Campaign Disclosures

1. In addition to the campaign statements required to be filed pursuant to the Political Reform Act, commencing with Government Code Section 81000, candidates, their controlled committees, and independent committees primarily formed to support or oppose candidates in the City of Santa Ana shall file a pre-election statement on the Friday before each election on a form provided by the Clerk of Council. This statement shall have a closing date of the Wednesday immediately preceding the election date and shall cover the period from the last pre-election statement filed pursuant to the Political Reform Act to the Wednesday immediately preceding the election date. “Election” as used in this Section shall include any general municipal election, special municipal election, and recall election.

2. Every City primarily formed recipient committee formed to support or oppose the qualification of an initiative or referendum measure prior to the commencement of the petition drive shall, within 10 calendar days of the commencement of the petition drive, file a statement on a form provided by the Clerk of Council disclosing all contributions of $100 or more received after the closing date of its most recent Fair Political Practices Commission Form 460, or if the primarily formed recipient committee has not previously filed a Form 460, the form shall instead disclose all contributions of $100 or more received since January 1 of that year.
a) For purposes of subsection 2, a petition drive commences when the proponent of an initiative or referendum measure begins circulating a petition for signatures. b) The statement shall have a closing date of the day immediately preceding the commencement of the petition drive.

3. Every committee shall file with the Clerk of Council a Statement of Organization within ten (10) days after it is formed as a committee. Every committee that forms during the period between the closing date of the last pre-election statement and the election, shall file with the Clerk of Council, a Statement of Organization no later than the close of the next business day.

4. A candidate or the candidate’s controlled committee must disclose, on a form provided by the Clerk of Council, any campaign-related agreements entered into by the candidate or controlled committee that provide for post-election payments. Such agreements include, but are not limited to, contingency payment or "bonus" payment plans offered by campaign consultants and agreements with persons who will receive compensation after the election for campaign services performed prior to the City Council 37 – 22 4/5/2022
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election. A post-election payment agreement must be reported on or before the filing date of the next pre-election statement that must be filed after the agreement is entered into.

5. Unless otherwise defined in this Charter or the municipal code, all terms shall have the same meaning as set forth in the Political Reform Act (Government Code Section 81000 et seq.) C. Required Disclosures by Restricted Developers

1. The Planning Department shall notify every Applicant of the requirements of Charter Section 1206 as to Restricted Developers and this Section.

2. At the time an application for a Significant Planning Entitlement, as that term is defined in Charter section 1206, is submitted to the City’s Planning Department, the Applicant shall file the following information:
a) The date the application was submitted;
b) The Applicant’s name, address, phone number and email address; c) The name, address, phone number, and email address of each Owner; d) The names and titles of all of the Principals;
e) and certification under penalty of perjury that the information submitted is true and complete and that the applicant understands, will comply with, and will notify all the Owners and Principals of the prohibitions in Charter section 1206 as to Restricted Developers.

D. It is unlawful to fail to comply with the disclosure requirements of California Government Code section 81000 et seq. and the additional requirements of this section.

City Council 37 – 23 4/5/2022
#43192v1
Sec. 1208. - Enforcement.
(a) Any person who knowingly or willfully violates sections 1206 or 1207 of this charter is guilty of a misdemeanor.
(b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206, 1206.01 or 1207. (c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. (d) The City may contract with a State of County entity to enforce the provisions of this Section.

City Council 37 – 24 4/5/2022
Sec. 1400. - Employees' retirement system.
(a) Duty to provide retirement system. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amend or otherwise change any retirement plan or plans or adopt or establish a new or different plan or plans for all or any officers or employees.
(b) Authority to join other systems. Subject to other provisions of this article, the City, by and through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the State of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership.
(c) Continuance of existing retirement system. Until otherwise provided by ordinance, the City shall continue to participate in the Public Employees' Retirement System of the State of California, as the same now exists or may hereafter be amended. The City Council may not terminate any such contract with the Public Employees' Retirement System of the State of California, and may not amend any such contract in a manner which would decrease or eliminate any benefit accruing to persons employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute a retirement system or systems providing equal or greater benefits for said persons. (d) Exclusions. The council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit:

Persons mentioned in subsections (a)(1), (5)-(10) (b) of Charter Section 1002. [(a)](1), (6), (7), (8), (9), (10), (11) and (13) of section 1002 of this charter; Persons in City service primarily for training, study or educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis.

City Council 37 – 25 4/5/2022

CITY OF SANTA ANA

CALENDAR OF DEADLINES FOR

BALLOT MEASURE TO BE CONSIDERED AT THE

GENERAL MUNICIPAL ELECTION
ON NOVEMBER 8, 2022

DATE DESCRIPTION
Jun 7
City Council adopted the following:
• Calling for Election regarding proposed Charter Amendment (§9280, 9282); • Authorizing filing of direct Arguments; and
• Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if applicable), 500 word max. (§ 9280)
Jun 8 Clerk sets deadline for Arguments and publish Notice of Election - Measures (§9286 & Gov. Code §6061)
Jun 14
File Arguments in favor and against proposed Charter Amendment, (recommended 7-14 days after approved by City Council; 300 words maximum) (§9286 & 9282)
Jun 14
to
Jun 24
Public Review period for Arguments (not more than 10 days) During this period, any voter of the jurisdiction or the county elections official may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. (§9380)
Jun 27 File Rebuttal Arguments - deadline is no more than 10 days after Arguments are due (250 word max) (§9220)
Jun 27
to
Jul 7
Public Review period for Rebuttal Arguments (not more than 10 days) (§9295)
The elections official shall make a copy of the ordinance available for public examination in the elections official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those materials.

During this time, any voter of the jurisdiction may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. Only Rebuttal Arguments are subject to legal action during the public review period.

Aug 12 Last day to withdraw Measures from the ballot.

Nov 8 ELECTION DAY
Dec 8
Certificate of Election Results: Approximately on this date, the elections official shall make and deliver to each person elected or nominated under its jurisdiction, a certificate of election or nomination, signed by the elections City Council 37 – 26 4/5/2022
City Manager Office
www.santa-ana.org/cm
Item # 38
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Police Oversight
AGENDA TITLE:

Police Oversight Ad Hoc Committee Informational Report

RECOMMENDED ACTION
Accept informational report and provide direction to staff.

DISCUSSION
Background
Police oversight has been a topic of discussion at various City Council meetings. Most recently, this discussion began as a councilmember requested item at the June 16, 2020 City Council meeting (requested by Mayor Pro Tem Bacerra, with support from Mayor Sarmiento and Councilmember Penaloza). Subsequently, staff presented informational reports to the City Council on September 15, 2020, December 15, 2020, and September 7, 2021. Concurrently, staff engaged the community through two community feedback surveys and a community forum that included a moderated panel of subject matter and experts. The data collected from the surveys, along with comments submitted during the community forum, were shared with the City Council for their consideration as they discussed police oversight.

The informational reports have included staff presentations that provide overviews of the various models of police oversight, structure, scope of authority, staffing, and access to information. While there appears to be consensus among the City Council to support police oversight in Santa Ana, the City Council is interested in narrowing the scope of what a police oversight mechanism might look like in Santa Ana. To that end, on September 21, 2022, Mayor Sarmiento appointed Mayor Pro Tem Bacerra, Councilmember Hernandez, and Councilmember Lopez to the Police Oversight Ad Hoc Committee to discuss those details. To date, the Ad Hoc Committee meetings have consisted of in-depth discussions of variations in police oversight models, the Peace Officer Bill of Rights (POBR), and initial recommendations on a police oversight mechanism for Santa Ana.

City Council 38 – 1 4/5/2022
Police Oversight
April 5, 2022

Ad Hoc Committee Recommendations: Police Oversight Model A majority of the Ad Hoc Committee has indicated a preference of a hybrid InvestigationFocused and Auditor/Monitor-Focused model. Notably, there is significant variation among police oversight mechanisms; this means that not all police oversight mechanisms that are categorized under one or more models are the same. To guide the Ad Hoc Committee through identifying their preferred police oversight mechanism, staff prepared (and the Ad Hoc Committee members responded to) a survey, based upon the National Association of Civilian Oversight of Law Enforcement (NACOLE)’s Civilian Oversight Agency Directory. This directory was developed in partnership with the U.S. Department of Justice to standardize a publicly available database of police oversight mechanisms.

Below is a summary of the Ad Hoc Committee’s recommendations, based upon their majority response for each criteria:

Oversight Functions
 In addition to the oversight functions associated with the preferred primary oversight model, the police oversight model engages in the following functions:
o Reviewing investigations (Reviews completed complaint investigations conducted by the overseen law enforcement agency's internal affairs unit for thoroughness, completeness, or accuracy.)
o Auditing investigations and/or policy compliance (Audits of completed department investigations and/or compliance with department policy and procedures.)
o Monitoring open investigations (Active monitoring of open department investigations and/or compliance with department policies and procedures.) o Independent investigations (Investigates civilian complaints separately and independently of the overseen agency's internal affairs unit.) o Pattern or trend analysis (Conducts analyses of patterns or trends in complaints, discipline, and/or department activities, policies, and/or procedures.)
 The police oversight mechanism oversees the Santa Ana Jail.  The police oversight mechanism publishes the following reports: annual reports, special reports, complaint information or statistics, and analyses of department practices.

Local Structure
 The police oversight mechanism is established by a Charter amendment, to be followed by an ordinance of the City Council with additional policy and procedure that aligns with the provisions of the Charter.
 The police oversight mechanism reports to the City Council.

City Council 38 – 2 4/5/2022
Police Oversight
April 5, 2022

Board/Commission
 The police oversight mechanism includes a board or commission (i.e., a “Police Oversight Board” or “Police Oversight Commission”).
 The Police Oversight Board/Commission is trained on Police Department policies and procedures.
 Members of the Police Oversight Board/Commission receive a stipend for serving on the board/commission.
 Current law enforcement officers are not permitted to serve on the Police Oversight Board/Commission.
 Former law enforcement officers are not permitted to serve on the Police Oversight Board/Commission.

Staffing
 The police oversight mechanism would include the following staff: director, attorney from the City Attorney’s Office, investigator, auditor, analyst, and administrative assistant.

Scope of Authority
 The police oversight mechanism’s scope of authority would include the following:
o Accepts anonymous complaints
 A complainant would not be required to submit an affidavit or notarized statement
o Does not have a mediation program
o Cannot respond to the scene of critical incidents
o Can recommend and implement new or revised departmental policies/procedures
o Can recommend and implement discipline
o Can recommend investigative findings
o Can recommend and implement training or retraining
o Can require the Police Department to respond to recommendations Information Access
 The police oversight mechanism has access to the following departmental records:
o Computer-aided dispatch records
o Personnel records
o Body-worn / in-car video
o Stop, search, and arrest records
o Use of force reports
o All electronic databases, including, but not limited to, the items listed above  The police oversight mechanism has access to the following Internal Affairs records:
o Copies of open Internal Affairs files and investigations o Copies of closed Internal Affairs files and investigations o Front-end access to Internal Affairs database
City Council 38 – 3 4/5/2022
Police Oversight
April 5, 2022

o Back-end access to Internal Affairs database
The police oversight mechanism’s access to records is secured by the Charter.

Subpoena
 The police oversight mechanism has subpoena authority.

The City Council may consider supporting any or all of these recommendations for a police oversight mechanism.

Ad Hoc Committee Recommendations: Enabling Legislation
There are various methods by which a police oversight board/commission could be established. These include a Charter amendment to be submitted to the voters, an ordinance of the City Council, or resolution of the City Council. Among these, the options that would require voter approval include a Charter amendment and an ordinance submitted to the voters. In contrast, an ordinance or resolution of the City Council would be considered by the City Council only. At their meeting on March 11, 2022, the Ad Hoc Committee recommended that the City Council consider preparing a Charter amendment to be submitted to the voters, asking whether or not the City Council shall adopt an ordinance establishing a police oversight board/commission as outlined in the Charter amendment. Under this recommendation, the City Council would prescribe the minimum requirements for the structure and scope of authority of the police oversight board/commission in the Charter amendment, and submit the Charter amendment to the voters. Any additional details, such as the mechanics or procedure relating to the police oversight board/commission, would be established by ordinance of the City Council—and the ordinance would need to comply with the Charter amendment.

Next Steps / Options
At this time, staff seeks direction from the City Council. The City Council may consider the recommendations from the Ad Hoc Committee and direct staff as follows:
 Direct staff to prepare a Charter amendment establishing a police oversight board/commission to be submitted to the voters at the November 2022 election.  Direct staff to return with more information.
 Take no action.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

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

Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 38 – 4 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 39
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Relocation Plan for Fairview Bridge Replacement and Street Improvements

AGENDA TITLE
Public Hearing – Adopt a Resolution Approving the Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) (Project No. 15-6827) (Non-General Fund)

RECOMMENDED ACTION
Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street).

DISCUSSION
Fairview Street is classified as a north-south major arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.

Improving Fairview Street from 9th Street to 16th Street (Exhibit 1) has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six-lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting.

Construction is anticipated to begin in Spring 2023.

To improve safety, the City is acquiring one property for sight distance purposes.

Pursuant to California Government Code, a public entity is required to adopt a relocation plan by resolution whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. In conformance with this provision, the City prepared a Fairview Bridge Replacement and Street Improvements Relocation Plan (Relocation Plan) to outline the requirements for moving and reestablishing displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided (Exhibit 2). Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the total estimated relocation cost is approximately $480,000. The resolution adopting the Relocation Plan requires City Council approval before the property acquisitions can proceed (Exhibit 3).

City Council 39 – 1 4/5/2022
Approve First Reading of a Resolution for Relocation Plan April 5, 2022

The Draft Relocation Plan was made available for public review for 30 days, beginning February 11, 2022, at the Main City Library, the Clerk of the Council’s Office, the Public Works Agency’s public counter, and on the City’s website. Each potentially displaced occupant and affected property owner was given an advisory notice regarding the availability of the Relocation Plan and provided an opportunity to submit questions and comments by March 15, 2022. All comments/questions and responses have been incorporated into the Relocation Plan herein presented for City Council approval.

ENVIRONMENTAL IMPACT
On June 16, 2020, the City Council approved the Fairview Street IS/MND (SCH No. 2020249015).

FISCAL IMPACT
Funding for the estimated cost of $480,000 is available in the Fairview Bridge Replacement and Street Improvements Project (No. 15-6827).

The following table summarizes the funds budgeted and available to relocate impacted owners and tenants for this project, subject to non-substantive changes.

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2021-22 03217663-66220 Measure M
Street Construction
Measure M2 Competitive
Street, Improvements
Other Than Building
$360,000
2021-22 05917663-66220
Select Street
Construction
Gas Tax HUTA 2103,
Improvements Other
Than Building
$120,000
TOTAL $480,000

EXHIBIT(S)

1. Location Map

2. Relocation Plan

3. Resolution
Submitted By: Nabil Saba, Executive Dir Public Works
Approved By: Kristine Ridge, City Manager
City Council 39 – 2 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 15-6827:

Fairview Bridge Replacement and Street
Improvements (9th Street to 16th Street)
Exhibit 1
City Council 39 – 3 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan Fairview Bridge Replacement and Street
Improvements
(9th Street to 16th Street) Project
Draft Relocation Plan
Prepared for:

City of Santa Ana
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, California 92702
Prepared By:

Monument Inc.
200 Spectrum Center, Suite 300
Irvine, CA 92618
Phone (800) 577-0109
February 2022
Adopted
Date: ___________________
City Council 39 – 4 4/5/2022

ADVISORY NOTICE
February 11, 2022
On behalf of the City of Santa Ana, we are notifying you that the draft Relocation Plan (Plan) for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project has been completed. The Plan will be available for a period of thirty (30) days for public review and comment beginning Friday, February 11, 2022. All written comments regarding the Plan should be submitted no later than 5:00 p.m., Tuesday, March 15, 2022.

The Relocation Plan is available for your review at the following locations:

City of Santa Ana City of Santa Ana City of Santa Ana
20 Civic Center Plaza 20 Civic Center Plaza Public Library City Hall, 8th Floor Ross Annex Bldg, 1st Floor 26 Civic Center Plaza Santa Ana, CA 92701 Santa Ana, CA 92701 Santa Ana, CA 92701 Monday – Thursday (8 am – 5 pm) Monday – Thursday (8 am – 5 pm) Monday & Wednesday (12 pm – 8 pm) Alternate Fridays (8 am – 4pm) Alternate Fridays (8 am – 4 pm) Tuesday & Thursday (10 am – 6 pm) Friday & Saturday (9 am – 5 pm)

The draft Relocation Plan will also be posted at the following link:
https://www.santa‐ana.org/pw/fairview‐bridge‐replacement‐and‐street‐improvements If you have any comments regarding the draft Relocation Plan or the proposed project, submit your written comments by Tuesday, March 15, 2022, to:

Ms. Daniela Borbe
Monument, Inc.
200 Spectrum Center, Suite 300
Irvine, CA 92618
Or via email at:
[email protected]
City Council 39 – 5 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan i
Contents
Table of Contents
INTRODUCTION...................................................................................................................................................... 1 I. PROJECT AREA DESCRIPTION.................................................................................................................. 2 A. REGIONAL LOCATION..............................................................................................................................................2 B. PROJECT SITE LOCATION AND DESCRIPTION .........................................................................................................3 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS .................................................................................5 II. ASSESSMENT OF RELOCATION NEEDS .................................................................................................. 6 A. SURVEY METHODS .................................................................................................................................................6 B. FIELD SURVEY DATA – RESIDENTIAL.......................................................................................................................6

1. Housing Mix.....................................................................................................................................................7

2. Occupancy Standards ...................................................................................................................................7

3. Income .............................................................................................................................................................7

4. Ethnicity/Language.........................................................................................................................................7

5. Households with Seniors...............................................................................................................................8

6. Households with Disabilities .........................................................................................................................8

7. Preferred Relocation Areas ...........................................................................................................................8 III. RELOCATION RESOURCES ........................................................................................................................ 9 A. METHODOLOGY ......................................................................................................................................................9 B. REPLACEMENT HOUSING AVAILABILITY ..................................................................................................................9

1. Residential For-Sale and Rental Housing ...................................................................................................9

2. Summary........................................................................................................................................................10 C. RELATED ISSUES ..................................................................................................................................................10

1. Concurrent Residential Displacement.......................................................................................................10

2. Temporary Relocation..................................................................................................................................10 IV. THE RELOCATION PROGRAM ............................................................................................................. 11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES.....................................................................................11 B. RELOCATION ADVISORY ASSISTANCE...................................................................................................................12 C. RELOCATION BENEFITS – RESIDENTIAL ................................................................................................................13

1. Residential Moving Expense Payments ....................................................................................................13

2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent..............................................14

3. Down payment Assistance to Tenants Who Choose to Purchase........................................................15 D. LAST RESORT HOUSING .......................................................................................................................................17 E. DETERMINATIONS OF COMPARABLE HOUSING .....................................................................................................17 F. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS .................................................17 G. IMMIGRATION STATUS ..........................................................................................................................................18 H. RELOCATION TAX CONSEQUENCES......................................................................................................................18 I. TITLE VI – THE CITY’S NON-DISCRIMINATION POLICY ...................................................................................................19 J. FAIR HOUSING LAWS ...............................................................................................................................................19 V. ADMINISTRATIVE PROVISIONS................................................................................................................ 20 A. NOTICES ...............................................................................................................................................................20 B. PRIVACY OF RECORDS..........................................................................................................................................21 C. GRIEVANCE PROCEDURES....................................................................................................................................21 City Council 39 – 6 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan ii
D. EVICTION POLICY..................................................................................................................................................21 E. CITIZEN PARTICIPATION........................................................................................................................................22 F. PROJECTED DATES OF DISPLACEMENT ................................................................................................................22 G. ESTIMATED RELOCATION COSTS..........................................................................................................................22 City Council 39 – 7 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan iii
List of Tables
Table 1: 2020 US Census Population – City of Santa Ana and Impacted Tract (752.01) ..................5 Table 2: 2020 US Census Housing Units – City of Santa Ana and Impacted Tract (752.01) ............5 Table 3: Affected Residential Dwellings.................................................................................................... 6 Table 4: Availability and Cost of Replacement Rental Housing (Conventional) ................................. 9 Table 5: Availability and Cost of Single-Family Residences for Sale ..................................................10 Table 6: Schedule of Fixed Moving Payments .......................................................................................14 Table 7: Computation of Rental Assistance Payments ......................................................................... 15 List of Figures
Figure 1: Regional Project Location……………………………………………………………………2 Figure 2: Project Site Location.......................................................................................................................4 List of Exhibits
Exhibit A: Residential Interview Form
Exhibit B: HCD Income Limits – Orange County
Exhibit C: Homes for Sale and Rent Listings
Exhibit D: Residential Informational Brochure
Exhibit E: Public Comments and Response
City Council 39 – 8 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 1 Introduction
The City of Santa Ana (City) proposed the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project), a street improvement project located in the northwestern portion of Santa Ana, from 9th Street to 16th Street, in the City of Santa Ana, in Orange County, California.

The Project safety improvement will require the full acquisition of one (1) property and partial acquisition of two (2) properties resulting in the permanent displacement of one (1) residential duplex with 2 units.

Funding for the Project comes from a combination of federal funds, OCTA Measure M2 Funds and local funds. The City has retained Monument Inc. to prepare the Relocation Plan (Plan) in connection with the commencement of the right of way acquisition and relocation activities. Monument Inc., an experienced acquisition and relocation firm, has been selected to prepare this Relocation Plan, and will provide all subsequently required relocation assistance in association with any permanently displaced households occupants. In compliance with statutory requirements, the Relocation Plan has been prepared to evaluate the present circumstances and replacement housing requirements of Project tenants. This Relocation Plan conforms with Federal law, 42 U.S.C. 4601 et seq., Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and implements regulations found in 49 CFR Part 24, and applicable state laws and regulations found in the California Government Code Section 7260, et seq. and the California Code of Regulations, Title 25, Division 1, Chapter 6, Subchapter 1 (Guidelines); and the City’s adopted right-of-way policies and procedures.

The Plan is organized in five sections:

1. The regional and specific location of the Project (SECTION I);

2. An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION II);

3. An assessment of available residential replacement sites within the Santa Ana and surrounding areas (SECTION III);

4. A review of the relocation assistance program to be offered to the displaced residential occupants (SECTION IV); and

5. Necessary administrative provisions (SECTION V).

City Council 39 – 9 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 2 I. Project Area Description
A. Regional Location
The Project is located in the City of Santa Ana within Orange County. Santa Ana is located approximately 30 miles southeast of the City of Los Angeles and is travelled by Intestate 5 (I-5) and easily accessible by State Routes 22 and 55. Adjacent communities include Tustin, Orange, Anaheim, Westminster, Fountain Valley, Costa Mesa and Irvine. (See Figure 1:

Regional Project Location)
Figure 1: Regional Project Location
City Council 39 – 10 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 3 B. Project Site Location and Description
The Project site is on Fairview Street between 9th Street and 16th Street. (See Figure 2:

Project Site Location) The Project Site is located approximately 1.5 miles south of State Route 22 (SR-22), 2.5 miles west of Interstate 5 (I-5) and 4.8 miles north of Interstate 405 (I405). Santa Ana is the County Seat and is the second largest city in Orange County and eleventh largest in California.
1 The Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project) consists of a north/south major arterial located in the northwestern portion of the City. South of 9th Street, Fairview Street provides three lanes in each direction that are reduced to two lanes in each direction north of 9th Street, across the existing four-lane bridge, to 16th Street. The Fairview Street segment between 9th Street and 16th Street is the only constraint for Fairview Street to be built out to its planned width of six lanes. This condition causes a traffic “bottleneck” during peak hours. Additionally, the project will provide adequate line of sight (safe viewing distance) for vehicles turning onto Fairview Street from 9th Street. View obstructions taller than 2.5 ft (such as a property wall) would be removed to maintain line of sight. Lastly, there are no sidewalks, bikeways, or lighting on the existing bridge. Pedestrians and bicyclists currently use the roadway shoulder to cross the bridge.

The proposed Project includes replacing the Fairview Street bridge over the Santa Ana River and widening Fairview Street between 9th Street and 16th Street. The proposed Project would widen Fairview Street from two lanes in each direction to three lanes in each direction in Santa Ana. The Fairview Street bridge would be replaced with a new six-lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting.

The proposed bridge would be expanded from approximately 52 feet (ft) to 100 ft in width and would have the same roadway profile as the existing bridge. The eight pier walls that support the existing bridge would be removed, and four new pier walls would be constructed to support the new bridge.
1 City of Santa Ana website: https://www.santa-ana.org/library/services/facts-and-figures, accessed January 21, 2022.

City Council 39 – 11 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 4 Figure 2: Project Site Location
City Council 39 – 12 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 5 C. General Demographic and Housing Characteristics
According to the 2020 U.S. Census, the population of the City of Santa Ana was 310,227, and the population of the impacted Census Tract is 5,594 (see Table 1 below).

Corresponding Census data concerning the housing mix is shown in Table 2, below.

Table 1: 2020 US Census Population – City of Santa Ana and Impacted Tract (752.01)
Population Number of
Persons Percentage City Percentage
Total population 5,594 100.0% 310,227 100.0%
White alone 579 10.3% 57,376 18.5%
Black or African American
alone 43 0.8% 3,343 1.1%
American Indian or Alaskan
Native alone 199 3.6% 11,403 3.7%
Asian alone 425 7.6% 38,004 12.3%
Native Hawaiian and Other
Pacific Islander alone 0 0% 828 0.2%
Some other Race alone 3,304 59% 139,920 45.1%
Two or More Races 1,044 18.7% 59,353 19.1%
Hispanic or Latino
(of Any Race) 5,001 89.4% 238,022 76.7%
U.S. Census Bureau provides additional descriptive population data where persons are identified as either “Hispanic or Latino” or “Not Hispanic or Latino.” The sum of these two categories will equal the total population of a data set.

Table 2: 2020 US Census Housing Units – City of Santa Ana and Impacted Tract (752.01)
Type Number of
Units Percentage City Percentage
Total occupied units 1,102 98.9% 76,622 96.7%
Vacant Housing Units 12 1.1% 2,559 3.2%
Source: U.S. Census Bureau, accessed January 23, 2022.

City Council 39 – 13 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 6 II. Assessment of Relocation Needs
A. Survey Methods
The information necessary for the preparation of this Plan was obtained from personal interviews with Project residents. Interviewers were successful in obtaining survey information from each of the identified households within the project area.

Detailed in-person interviews were conducted with affected residential occupants to gather necessary information, including information such as household size and composition, income, monthly rent obligation, length and type of occupancy, language, disabilities/health problems, and replacement housing preferences.

In-person interviews are an important factor in the planning and relocation of displacees. In the early planning process, careful attention is paid to the physical needs of individuals with disabilities, and elderly displacees to make sure that these individuals receive appropriate care and housing.

The descriptive data in this Plan concerning the residents is based on in-person interviews and field observations. Samples of the residential interview form used in the interview process is attached as Exhibit A of this report.

B. Field Survey Data – Residential
The Project will impact 1 residential duplex (Duplex) dwelling with 4 residential households.

Survey information was obtained from all 4 occupied residential households (100%). The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants.

Table 3 below shows current housing in the Project area including bedroom size.

Table 3: Affected Residential Dwellings
No. Address Property
Type Use Number of
Bedrooms
Number of
Occupants
Occupanc
y Type City
1 2507 W. 9th
Street
Residential Duplex 3 2 Owner Santa
Ana
2 2507 W. 9th
Street (room)
Residential Room
to rent
Room 2 Tenant Santa
Ana
3 2507 W. 9th
Street (garage)
Residential Garage
to rent
2 rooms 3 Tenant Santa
Ana
4 2509 W. 9th
Street
Residential Duplex 3 2 Tenant Santa
Ana
City Council 39 – 14 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 7 1. Housing Mix
As shown in Table 3 above, the Project area includes 4 households occupying 1 residential building (duplex), with one dwelling unit occupied by one household, another dwelling unit occupied by two households and one converted garage occupied by one household. 3 of the affected households are tenant-occupied and 1 is owner-occupied. Occupancy information will assist in determining the relocation needs and scope of assistance provided.

No mobile homes will be affected by the Project.

2. Occupancy Standards
The standard for housing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households larger than eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Santa Ana code requirements.

Generally, these standards allow for up to three persons to occupy a one-bedroom unit, five persons in a two-bedroom unit, and seven persons in a three-bedroom unit. Any households with more than eight members would require a four-bedroom replacement unit based on the respective size of that unit, per the state building code.

3. Income
Information as to the household’s income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided. Low-income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees in qualifying for loans or leases. Low-income households that choose to rent may be eligible for additional assistance.

Based on information obtained from the residential interviews, we were unable to determine at this time if any households are identified as low-income households. According to the low-income standards for the Housing Authority of the County of Orange (Exhibit B), adjusted for family size as published by the State of California, Department of Housing and Community Development (HCD), the 2021 low income limits are defined as follows:

Family Size 1 2 3 4 5 6 7 8
Low Income
Limits 2021
$75,300 $86,050 $96,800 $107,550 $116,200 $124,800 $133,400 $142,000 Source: Department of Housing and Community Development (HCD) website, accessed January 24, 2022

4. Ethnicity/Language
Per the 2019 U.S. Census American Community Survey One-Year Estimate, 80.2%2 of the population in the City of Santa Ana speaks a language besides English at home. Based on information obtained from the residential interviews of the 4 displaced households, Spanish 2 United States Census Bureau web site, accessed January 24, 2022, https://data.census.gov/ City Council 39 – 15 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 8 is the primary language spoken at home. Language services are available to assist the requirements of all affected occupants.

5. Households with Seniors
Per the 2019 U.S. Census American Community Survey One-Year Estimate, 14.5% of the total households consist of occupants 65 years of age or over. Specific care is taken to identify and address the needs of senior occupants who may require special accommodations. Based on information obtained from residential interviews, no households have occupants that are over the age of 65.

6. Households with Disabilities
Per the 2019 U.S. Census American Community Survey One-Year Estimate, 7.5%3 of the civilian population consist of persons with a disability. Disabilities may include a variety of physical mobility impairments, including psychological and other physical health issues.

Care is taken to meet the special needs of each household, particularly as these needs involve physical access to accommodations. Early identification of individual health issues would enable relocation staff to more effectively manage the relocation process. In all cases involving physical or mental impairments, additional services will be provided to ensure close individual case monitoring. Based on information obtained from the residential interviews, no households have occupants that have disabilities.

7. Preferred Relocation Areas
The residential interviews identify specific replacement site needs and preferences and assist in planning replacement housing accordingly. In residential interviews, many residents tend to express a preference to remain in the community in order to maintain current school enrollment, access to employment, medical facilities, recreational resources, and public transportation. Based on information obtained from the residential interviews, the affected households have indicated a preference to remain in the local Santa Ana, Fountain Valley, and Garden Grove areas.
3 United States Census Bureau web site, accessed January 24, 2022, https://data.census.gov/ City Council 39 – 16 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 9 III. Relocation Resources
The Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the California Relocation Assistance Law provides that no eligible residential persons shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify whether sufficient comparable replacement housing resources exist for all potential residential displacees. The City is committed to making every effort to satisfactorily relocate all displaced occupants.

A. Methodology
To determine the availability of residential sites prior to the displacement of occupants from the Project area, resources were researched through the following sources:
• Internet sources (MLS listings, Zillow, etc.);
• Classified rental listings from local publications, and; • Contacts with real estate/property management companies serving the community.

B. Replacement Housing Availability

1. Residential For-Sale and Rental Housing
A housing resource survey was conducted to determine the availability of replacement housing within the City of Santa Ana sufficient to meet the needs of displaced rental tenants and homeowners.

The replacement housing survey considered available rooms for rent, one-, and threebedroom conventional housing for rent and three-bedroom conventional housing for sale.

This data is summarized in Tables 4 and 5, below. The conventional housing survey, Table 4, identified 40 currently available, rooms for rent, one-, and three-bedroom conventional housing units for rent. The survey of available single-family residences for sale, Table 5, identified 22 currently available three-bedroom housing units for sale. The individual figures for number of units found by bedroom size are presented in the tables, as well as location and price range.

Table 4: Availability and Cost of Replacement Rental Housing (Conventional) Number of
Bedrooms Property Type NumberAvailable City(s) Price Range Lease Room for
rent
Duplex/SFR 9 Santa Ana $700-$1,550
One Apartment 17 Santa Ana, Garden
Grove, Orange,
Anaheim, Tustin, Irvine
$1,375-$2,875
Three Duplex/Triplex/Townhome 14 Santa Ana, Garden
Grove, Anaheim,
Tustin, Irvine, Orange
$2,650-$5,500
Source: Multiple Listing Service and Zillow, accessed January 25, 2022.

City Council 39 – 17 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 10 The rent ranges identified in the table above are among the figures used to make benefit and budget projections for this Plan. The variances in the rent range are a result of age, condition, size, and locational factors. Rates are subject to change according to the market rates prevailing at the time of displacement. Exhibit C provides a detailed list of available housing for rent and for sale.

Table 5: Availability and Cost of Single-Family Residences for Sale #
Bedrooms
Property
Type
Total
Available City Price Range(in 000’s)
Three Duplex/SFR 22 Santa Ana $674 - $1,250
Source: Multiple Listing Service, accessed January 25, 2022.

2. Summary
Considering the availability of replacement housing, adequate replacement resources exist in the Project area for affected residential tenants and owner-occupants.

Although adequate replacement resources exist, based on surveyed results of rental and purchase opportunities, and anticipated values of existing dwellings, occupants are anticipated to have increases in monthly rents and/or higher purchase costs. These possible increases, if any, would be met through the City’s Relocation Assistance Program, including Last Resort Housing (LRH) requirements.

C. Related Issues

1. Concurrent Residential Displacement
There are no known public projects anticipated in the Project area that will cause significant displacements during the timeframe of anticipated Project displacements in spring/summer of 2022. No residential displacee will be required to move without both adequate notice and access to available, comparable, affordable, decent, safe and sanitary housing.

2. Temporary Relocation
The Project is not anticipated to cause temporary displacements. Affected occupants will be permanently displaced.

City Council 39 – 18 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 11 IV. The Relocation Program
The City of Santa Ana’s (City) Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, maintain personal contact with all affected individuals, consistently applying all regulatory criteria to formulate eligibility and benefit determinations, and conform to all applicable requirements. The relocation program to be implemented by the City will conform with the standards and provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the California Relocation Assistance Law, California Government Code §7260, et seq.; the Relocation Assistance and Real Property Acquisition Guidelines; California Code of Regulations, Title 25, Division 1, Chapter 6 (Guidelines); and the City’s adopted right-of-way policies and procedures.

The City has retained Monument Inc. (Monument) to administer the Relocation Program.

Monument has an extensive resume of public works projects undertaken in other Orange County communities. Experienced City staff would monitor the performance of Monument and be responsible to approve or disapprove Monument’s recommendations concerning eligibility and benefit determinations and interpretations of the City’s policy.

The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance.

A. Program Assurances, Standards and Objectives
The City would provide the displaced residential occupants with the assistance, rights, and benefits required under federal and state relocation law and the City’s policies and procedures. The relocation program would provide advisory and financial assistance. Every effort would be made to facilitate relocation arrangements and minimize hardship for displacees.

The program objectives would be as follows:

1. To fully inform eligible Project displacees of the nature of, and procedures for, obtaining relocation assistance and benefits;

2. To determine the needs of each displacee eligible for assistance;

3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no occupant is required to move without a minimum of 90 days written notice to vacate;

4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances;

5. To supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons;

6. To assist each eligible occupant to complete applications for benefits;

7. To make relocation benefit payments in accordance with the appropriate guidelines;

8. To inform all persons subject to displacement of City policies with regard to eviction and property management; and
City Council 39 – 19 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 12 9. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance.

B. Relocation Advisory Assistance
Monument staff is available to assist the permanently displaced households with questions or concerns about relocation and/or assistance in relocating. Relocation staff can be reached at 200 Spectrum Center, Suite 300, Irvine, CA 92618 with office hours from 8:00 a.m. to 5:00 p.m., and can be contacted at (800) 577-0109. A comprehensive relocation program, with technical and advisory assistance, would be provided to assist all persons being displaced as a consequence of the Project. Personal contact would be maintained with all individuals until the relocation process has been completed.

As discussed previously, Monument has been retained by the City to assist in the administration of its relocation program. Monument will work closely with City staff. City staff would provide final approvals, or otherwise, of all Monument’s recommendations.

Every reasonable effort would be made to ensure that the relocation of residents occurs with a minimum of delay and hardship.

The following services will be provided:

1. A printed Informational Brochure (Exhibit D) will be provided in English or the displacee’s language if subsequently be deemed necessary. Signed acknowledgements will be obtained to verify receipt of this material;

2. A database will be maintained of available residential units for sale and distribute replacement site referrals for the duration of the Project;

3. Assistance will be offered to displacees in connection with arrangements for the purchase of real property, if applicable, filing of claim forms to request relocation benefits from the City and to obtain services from other public agencies;

4. Special assistance in the form of referrals to governmental and non-governmental agencies will be made, if requested;

5. Eligible displacees will be assisted with the preparation and submission of relocation assistance claims;

6. Benefit determinations and payments will be made in accordance with applicable law and City policy;

7. Assure that displacees are not required to move without a minimum of 90 days written notice to vacate;

8. All persons subject to displacement will be informed of City policies with regard to eviction and property management;

9. A formal grievance procedure will be established and maintained for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance; and
City Council 39 – 20 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 13 10.Assistance will be provided that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances.

C. Relocation Benefits – Residential
Specific eligibility requirements and benefit plans would be detailed on an individual basis with displacees. In the course of personal interviews and follow-up visits, households would be counseled as to available options with respect to financial assistance.

Relocation benefits will be provided in accordance with the provisions of the federal and state relocation law and regulations. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City’s normal administrative procedures.

1. Residential Moving Expense Payments
All residential occupants that would be relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based on the actual cost of a professional move or a fixed payment based on a room-count schedule. a. Actual Cost (Professional Move)
The displacee may elect to retain the services of a licensed professional mover, in which case the City would pay for the actual cost of the moving services based on the lower of at least two acceptable bids (the City may, at its discretion, solicit competitive bids to determine the lowest reasonable move cost). After the move is complete, the displacee may pay the mover directly and seek reimbursement from the City, or request a direct payment from the City to the mover.

In addition to the cost of the actual move, one-time expenses associated with utility reconnections (e.g., gas, water, electricity, telephone, cable) would be eligible for reimbursement. Transportation costs would be limited to a distance of 50 miles, unless otherwise authorized by the City.
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses that is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Section 1.a above.

At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenant’s own personal property, is $780, which includes all utility connections at the replacement location. The current schedule for fixed moving payments is provided below in Table 6.

City Council 39 – 21 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 14 Table 6: Schedule of Fixed Moving Payments
Furnished Dwelling
Room Count 1 2 3 4 5 6 7 8 Each
Additional
Amount $780 $1,000 $1,250 $1,475 $1,790 $2,065 $2,380 $2,690 $285 Unfurnished Dwelling
Room Count 1 Each
Additional
Amount $510 $100
Source: URA Moving Cost Schedule (effective August 26, 2021).

2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent
To be eligible to receive the rental assistance benefits, the displaced tenant household must rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling.

Additionally, to qualify for the rental assistance benefits, the tenant-occupant or the owneroccupant must demonstrate that (1) they lived in the property as legal residents for at least 90 consecutive days prior to the City’s initial written offer to purchase the property; and (2) the property was their primary residence for that 90-day period.

Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under Federal and State provisions. Except in the case of Last Resort Housing situations (49 CFR 24.404), the potential payment to the household will be payable over a 42-month period and limited to a maximum of $7,200 as stated under Federal guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household.

Rental/down payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of:

1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or

2. The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person.

The base monthly rent for the displacement dwelling is the lesser of:

1. The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement. Average monthly cost of utilities will be determined by actual statements/receipts over a 12 month period or a statement of average usage from the utility company, if provided. The most recent local utility schedule will be used to determine estimated utilities’ costs, if actual costs are not City Council 39 – 22 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 15 provided. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or

2. Thirty percent (30%) of the displaced person’s average monthly gross household income if the amount is classified as “low income” by US Department of Housing and Urban Development’s (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD’s Survey is shown as Exhibit B. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or

3. The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities.

Table 7 below illustrates the computation of a rental/down payment assistance payment amount.

Table 7: Computation of Rental Assistance Payments

1. Old Rent $650 Old Rent, plus Utility Allowance
OR

2. Ability to Pay $700 30% of the Gross Household Income*

3. Lesser of Lines 1 or 2 $650 Base Monthly Rental
Subtracted From:

4. Actual New Rent $750 Actual New Rent including Utility Allowance OR

5. Comparable Rent $775 Determined by the City; includes Utility Allowance

6. Lesser of Lines 4 or 5 $750

7. Yields Monthly Need: $100 Subtract Line 3 from Line 6 Rental Assistance $4,200 Multiply Line 7 by 42 Months
*Gross income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care.

3. Down payment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit.

A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the down payment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for City Council 39 – 23 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 16 the prompt return of the City funds, in the event escrow should fail to close within a reasonable period of time.

Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household’s occupants and income.

Federal laws and guidelines provide a basic entitlement of up to $31,000 to compensate the owner for 1) purchase price differential; 2) mortgage interest differential (if applicable); and, 3) incidental expenses.
a. Price Difference Differential
The Purchase Price Differential is based on three factors:

Acquisition Price: The price paid by the City of Santa Ana for the Project dwelling; Actual Purchase Price: The actual price paid for a replacement dwelling, and; Comparable Replacement Cost: The cost of a decent, safe, and sanitary dwelling comparable to the dwelling acquired by the City of Santa Ana.

The purchase price differential amount is determined by comparing the price of the acquired dwelling (including any proceeds obtained through condemnation) to the lesser of the actual cost paid for a replacement home versus the price of the comparable dwelling used to compute eligibility in the Notice of Eligibility (NOE) issued to the displaced owner. b. Mortgage Interest Differential
The purpose of the Mortgage Interest Differential Payment is to compensate homeowners for increased costs between the acquired dwelling and the replacement dwelling. The payment for increased mortgage interest cost shall be the amount that would reduce the mortgage balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as part of incidental costs. To be eligible for this payment, the mortgage on the dwelling being acquired must have been in place, as a valid lien, for at least 90 days prior to the City’s initial written offer to purchase.
c. Incidental Expenses – Closing Costs
One-time, non-recurring closing costs associated with the purchase of a comparable, replacement dwelling are compensable. Examples of such compensable expenses include costs for: a property survey; preparation of a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes; loan application fees; loan origination fees; appraisal fees; a credit report; certification for structural soundness; and, termite inspection, when required. Prepaid recurring expenses for mortgage interest, property taxes and insurance are not compensable.

The total Relocation Housing Payment (RHP) is the sum of the Purchase Price Differential, Mortgage Interest Differential, and compensable Incidental Expenses.

City Council 39 – 24 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 17 D. Last Resort Housing
Based on data derived from the surveys and analyses of the occupants on the Project site and costs of replacement housing resources, it is anticipated that “comparable replacement housing” will not be available as required for some tenants. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person’s average monthly income.

Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of last resort. Due to the demonstrated number of available replacement housing resources, as shown earlier, the need to develop a replacement housing plan to produce sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($7,200); hence, satisfying the requirement that “comparable replacement housing” is available.

The City will pay Last Resort Housing payments in two installments. Recipients of Last Resort rental assistance, who intend to purchase rather than re-rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling.

E. Determinations of Comparable Housing
Relocation staff would evaluate the cost of comparable replacement housing in the preparation of each individual NOE issued to residential displacees. For residential tenants and owner-occupants, the cost of comparable replacement housing would be determined primarily on a comparative basis of three, if possible, presently available, comparable dwellings. A Comparable Housing Analysis (CHA) Form would be prepared and placed in the file of each affected household.

F. General Information Regarding the Payment of Relocation Benefits
Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after:
• For tenants, the date of displacement; or
• For owners, the date of displacement or the date on which final payment for the acquisition of real property is made, whichever is later.

The procedure for the preparation and filing of claims and the processing and delivery of payments would be as follows:

1. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance;
City Council 39 – 25 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 18 2. Relocation staff would review all necessary documentation including, but not limited to, scopes-of-services, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation;

3. Required claim forms would be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocation staff and submitted to the City;

4. The City would review and approve claims for payment, or request additional information;

5. The City would issue benefit checks to claimants in the most secure, expeditious manner possible;

6. Final payments to residential displacees would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified;

7. Receipts of payment and all claim material would be maintained in the relocation case file.

G. Immigration Status
Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child.

In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self-certify as to their legal status.

There is no legal presence requirement in order to be eligible for relocation assistance under the State Relocation Program.

H. Relocation Tax Consequences
In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing City Council 39 – 26 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 19 with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the City or Monument. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments.

I. Title VI – the City’s Non-Discrimination Policy
Title VI of the Civil Rights Act of 1964 requires that no person in the United States, on the grounds of race, color or national origin be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Any person who believes that they have been excluded from, denied the benefits of, or been subjected to discrimination may file a written complaint with the City. Federal and state law requires complaints be filed within one-hundred eighty (180) calendar days of the last alleged incident. To request additional information on the City’s non-discrimination obligations or to file a Title VI Complaint please contact your Relocation Agent. Should language assistance be required, it will be provided at no cost. A Relocation Agent can arrange assistance for language assistance upon request.

J. Fair Housing Laws
Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 set forth the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States. These Acts and Executive Order 11063 make discriminatory practices in the purchase and rental of residential units illegal if based on race, color, religion, sex, or national origin. Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary housing, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the City to provide a person a larger payment than what may already be necessary to enable a person to relocate to a comparable replacement dwelling.

Please understand that this is a summary of the assistance that may be available to eligible displaced persons. No summary relocation law can anticipate every circumstance or question regarding the Relocation Program. It is important that each household works closely with a Relocation Agent to identify any special circumstances that need to be addressed when searching for replacement housing. No household should commit to renting or purchasing a replacement dwelling until the home has been inspected by a Relocation Agent. A Relocation Agent is available to assist in the relocation process and will explain each person’s rights and help to obtain the relocation payments and other assistance for which they are eligible.

City Council 39 – 27 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 20 V. Administrative Provisions
A. Notices
Each notice that the City is required to provide to a property owner or occupant shall be personally delivered or sent via certified or registered first-class mail, return receipt requested and documented in each case file. Each notice would be written in plain, understandable language. Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other help.

There are three principal notices:

1. General Information Notice (GIN),

2. Notice of Relocation Eligibility (NOE), and

3. 90-Day Informational or Vacate Notice
The GIN is intended to provide potential displacees with a general written description of the City’s relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN would be issued at the time the properties are being appraised.

NOEs would be distributed to each residential displacee. The NOEs, both tenants and owner-occupants, contains a determination of eligibility for relocation assistance and a computation of maximum entitlement based on information provided by the affected household and the analyses of comparable replacement properties undertaken by relocation staff. NOEs would be issued promptly following the initiation of negotiation (ION) with property owners.

No lawful occupant would be required to move without having received at least 90 days’ advance written notice of the earliest date by which the move would be necessary. The 90- day vacate notice would either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant would receive a further notice indicating, at least 60 days in advance for residential tenants and 30 days in advance for owner-occupants and non-residential occupants, the specific date of the required move.

The 90-day vacate notice would not be issued to any residential displacees before a comparable replacement dwelling has been made available.

In addition to the three principal relocation notices previously identified, relocation staff would issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who:

1. Are eligible for monetary benefits,

2. Have moved from the acquired property, and

3. Have not filed a claim for benefits.

City Council 39 – 28 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 21 Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non-responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits.

B. Privacy of Records
All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with federal and state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents.

C. Grievance Procedures
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacement housing referrals, or the City’s property management practices must file an appeal form or any other written form of appeal with the City’s Right-of-Way Project Manager or his/her designee (Hearing Officer).

The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal. The person making the appeal shall have:

1. The right to present oral and/or written evidence in support of the appeal,

2. The right to seek legal counsel (hired at the appellant’s sole expense), and

3. The right to seek judicial review once having exhausted all administrative appeal remedies.

The Hearing Officer shall render a decision, in writing, within 30 days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his/her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer’s decision.

D. Eviction Policy
Eviction for cause must conform to applicable federal, state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that:

1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or

2. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and

3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled.

City Council 39 – 29 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan 22 E. Citizen Participation
The City conducted several public hearings for the Project on the following dates: June 16, 2020, August 12, 2021, and; July 24, 2021. As the process for implementing the Project advances, the City will observe the following protocol:

1. Provide affected tenants with full and timely access to documents relevant to the relocation program;

2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the occupants in the Project area, neighborhood groups and community organizations forming a relocation committee;

3. Provide technical assistance necessary to interpret elements of this Plan and other pertinent materials;

4. Issue a general notice concerning the availability of the Plan for public review, as required,

5. 30 days prior to its proposed adoption;
F. Projected Dates of Displacement
The City has approved acquisition and relocation activities, which began in October 2021 and would be completed no later than the fall of 2022, with construction scheduled to begin in spring of 2023, and the Project is anticipated to be completed by summer of 2025.

G. Estimated Relocation Costs
The total budget estimated for relocation-related payments for this Project, including a 20% contingency, is as follows:

Relocation: $ 400,000
Contingency at 20%: $ 80,000
Total: $ 480,000
The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project.

If the Project is to be implemented, and circumstances arise that change the number of residential occupants or the nature of their activity, the City would authorize any additional, compensable funds that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section IV.D, of this Plan to meet its obligation under the relocation regulation.

City Council 39 – 30 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit A
Residential Interview Form
City Council 39 – 31 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 32 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 33 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit B
HCD Income Limits – Orange County
City Council 39 – 34 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 35 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 36 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 37 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 38 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 39 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 40 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 41 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 42 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 43 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 44 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 45 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 46 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 47 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit C
Homes for Sale and Rent Listings
City Council 39 – 48 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 49 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit D
Residential Informational Brochure
City Council 39 – 50 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 51 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 52 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 53 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 54 4/5/2022
Fairview Bridge Replacement and Street Improvements: Relocation Plan City Council 39 – 55 4/5/2022
There were no written comments or questions received during the 32-day public review and comment period between Friday, February 11, 2022 and Monday, March 15, 2022.

City Council 39 – 56 4/5/2022
Resolution No. 2022-XXX

RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA APPROVING THE RELOCATION PLAN

FOR THE FAIRVIEW BRIDGE REPLACEMENT AND
STREET IMPROVEMENTS (9TH STREET TO 16TH

STREET) PROJECT

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. Fairview Street is a major north-south transportation facility, which is designated as a major arterial highway in the City of Santa Ana’s Circulation Element of the General Plan. Improving Fairview Street from 9th Street to 16th Street has been a long-term priority project to improve safety features at the bridge.

B. Effective June 29, 2021, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for the Fairview Street Improvements (9th Street to 16th Street).

C. The M2 CTFP Master Funding Agreement (No. C-1-2783), as amended, committed OCTA to contribute funding for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project.

D. The Public Works Agency is acquiring property for sight distance clearance at 9th Street and Fairview Street, and expects to complete the right-of-way acquisition process by summer 2022. Construction is anticipated to begin in spring 2023.

E. Pursuant to California Government Code section 7260 et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property that would lead to displacement of people from their homes.

F. Section 6002 and 6038 of the California Code of Regulations, Title 25, Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement of residential and business occupants.

G. A relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260 et seq., and the Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6, and has been made available for public review since February 11, 2022. Each potential City Council 39 – 57 4/5/2022
Resolution No. 2022-XXX

displaced occupant was given written notification regarding the plan’s availability and an opportunity to submit questions or comments.

H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re-establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided.

I. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the City estimates relocation costs to be approximately $480,000.

Section 2. The City Council hereby approves the Relocation Plan for the acquisition activities for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project. A copy of the plan will be available in the City’s Public Works Agency.

Section 3. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Initial Study/Mitigated Negative Declaration (SCH No. 2020049015) and related Mitigation Monitoring and Reporting Program, as approved by the City Council on June 16, 2020.

Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____ day of ____________________, 2022.
__________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: ____________________________
John M. Funk
Sr. Assistant City Attorney
City Council 39 – 58 4/5/2022
Resolution No. 2022-XXX

AYES: Councilmembers:

NOES: Councilmembers:

ABSTAIN: Councilmembers:

NOT PRESENT: Councilmembers:

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ______________, 2022.

Date: _____________________
Clerk of the Council
City of Santa Ana
City Council 39 – 59 4/5/2022
Planning and Building Agency
www.santa-ana.org/pb
Item # 40
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Housing Opportunity Ordinance
AGENDA TITLE:

Reintroduction of Zoning Ordinance Amendment No. 2021-03 for First Adoption Reading - 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
Approve the first reading of an ordinance repealing and reenacting in its entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance.

DISCUSSION
The City Council previously considered and conducted a first adoption reading of this Ordinance on November 16, 2021 by a vote of 4:2:1 (Ayes - Sarmiento, Hernandez, Lopez, Phan; Noes – Mendoza, Penaloza; Abstained - Bacerra). After being continued from the meetings of December 7, 2021, December 21, 2021, and January 18, 2022, the Ordinance did not receive the necessary majority vote of the members of the City Council on the second adoption reading conducted on February 15, 2022. The vote on the second reading of the Ordinance was recorded as 3:2:2 (Ayes - Sarmiento, Hernandez, Lopez; Noes – Mendoza, Penaloza; Abstained – Bacerra, Phan).

Councilmember Phan participated and voted to adopt the first reading of the Ordinance but abstained on the second adoption reading because she was awaiting a response from the Fair Political Practices Commission (FPPC). The Commission was investigating a formal complaint filed in December of 2021 by a member of the public alleging her participation on the item violated the conflict of interest provisions of the Political Reform Act.

On March 16, 2022, Councilmember Phan received a written communication from the Enforcement Division of the FPPC that the Office will not pursue the matter. Based on this new information, the Mayor directed for staff to place the Ordinance on the agenda for the City Council to conduct a public hearing reintroducing Zoning Ordinance Amendment No. 2021-03 (ZOA No. 2021-03) for a first adoption reading.

City Council 40 – 1 4/5/2022
Housing Opportunity Ordinance
April 5, 2022

The final Ordinance presented to the City Council on February 15, 2022 is attached as Exhibit 1.

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. 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 40 – 2 4/5/2022
Ordinance No. NS-XXX

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 40 – 3 4/5/2022
Ordinance No. NS-XXX

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 40 – 4 4/5/2022
Ordinance No. NS-XXX

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.

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.

City Council 40 – 5 4/5/2022
Ordinance No. NS-XXX

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
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 City Council 40 – 6 4/5/2022
Ordinance No. NS-XXX

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, 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. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) 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:

City Council 40 – 7 4/5/2022
Ordinance No. NS-XXX

(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.

The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in-lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that specified by this article.
(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 City Council 40 – 8 4/5/2022
Ordinance No. NS-XXX

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 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 City Council 40 – 9 4/5/2022
Ordinance No. NS-XXX

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. 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 in-lieu fee payment option. 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. However, this fee shall be reduced if the developer 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:

Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
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Ordinance No. NS-XXX

A minimum of 20% 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.
(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 City Council 40 – 11 4/5/2022
Ordinance No. NS-XXX

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.

Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. 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.

City Council 40 – 12 4/5/2022
Ordinance No. NS-XXX

(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.

Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be:
(1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project 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. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off-site units to meet the inclusionary affordable housing requirements of this ordinance, the off-site project(s) containing the required inclusionary units shall be subject to the following requirements:
(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.

City Council 40 – 13 4/5/2022
Ordinance No. NS-XXX

(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.
(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).

City Council 40 – 14 4/5/2022
Ordinance No. NS-XXX

(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.
(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.

City Council 40 – 15 4/5/2022
Ordinance No. NS-XXX

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.

Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing 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 City Council 40 – 16 4/5/2022
Ordinance No. NS-XXX

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 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. If so provided, a minimum of 35% of such labor 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. (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 City Council 40 – 17 4/5/2022
Ordinance No. NS-XXX

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.

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 40 – 18 4/5/2022
Ordinance No. NS-XXX

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 40 – 19 4/5/2022
2021 List of Entitled Projects Vested Under the
Regulations and Provisions of Ordinance No. NS-2994
The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action prior to November 16, 2021, to construct new residential units and are 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. NS-2994 (HOO). The vested regulations and provisions shall automatically 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 or any applicable State Covid-19 pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference.

Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements

1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required under NS-2994 or payment of in-lieu of
$5/sf

2. 301 N. Mountain View Street Mountain View
Townhomes
8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf

4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in-lieu payment under a project Mutual Declaration

5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf

6. 2800 N. Main Street/Specific
Plan No. 4
MainPlace Mall
Transformation 1,900
residential units
1,900 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

7. 419 N. Harbor Boulevard
(previously 421 N. Harbor
Boulevard)
Fifth and Harbor
Mixed Use Apartments
94 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf
The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior to November 16, 2021, but did not trigger HOO provisions and have been identified herein for implementation clarity.

Table 2. Entitled Projects Not Triggering HOO requirements No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements

1. 201 W. Third Street 3rd and Broadway 171 HOO provisions not applicable to project

2. 409 E. Fourth Street and 509 E.

Fourth Street
4th and Mortimer 169 HOO provisions not applicable to project

3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project

4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project

5. 114 E. Fifth Street and 115 E.

Fifth Street
Rafferty (4th + Main) 220 HOO provisions not applicable to project

EXHIBIT A
City Council 40 – 20 4/5/2022
Housing Authority
santa-ana.org/cd
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility AGENDA TITLE:

Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority

RECOMMENDED ACTION
Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for Inter-Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to non-substantive changes approved by the Executive Director and the Housing Authority General Counsel.

DISCUSSION
On June 6, 2017, the Santa Ana Housing Authority approved a Memorandum of Agreement (MOA) for Inter-Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority and Garden Grove Housing Authority. On May 4, 2021, the Housing Authority approved a First Amendment to the MOA. This extension of the MOA combines the First Amendment and the original MOA. The only substantive revision is to extend the MOA by five years, from May 1, 2022 through April 30, 2027.

For background, under the federal regulations for the Housing Choice Voucher Program, a family that has been issued a voucher by the Housing Authority of the City of Santa Ana (SAHA) has the right to use their voucher to lease a unit anywhere in the United States as long as the unit is located within the jurisdiction of a Public Housing Authority (PHA) administering a Housing Choice Voucher Program. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as “portability”. Approximately 660 families are exercising their right to portability and reside outside of SAHA’s jurisdiction. Their rental assistance is administered by the Garden Grove Housing Authority and Orange County Housing Authority, who bill SAHA each month for their vouchers. Under the federal regulations for the Housing Choice Voucher Program, SAHA does not have the authority to deny a family their right to portability. Specifically, SAHA does not have the right to deny a family to move out of our jurisdiction with their voucher or to ask another housing authority to absorb those families into their programs.

City Council 2 – 1 4/5/2022
Extension of Memorandum of Agreement for Inter-Jurisdictional Mobility April 5, 2022

To maintain an efficient level of services for families who are moving between our housing authorities in Orange County, staff is seeking approval to extend the Memorandum of Agreement (MOA) currently in place with the Orange County Housing Authority (OCHA) and Anaheim Housing Authority (AHA). This MOA is intended to simplify, facilitate, and improve inter-jurisdictional administration of the Housing Choice Voucher Program in Orange County by eliminating often cumbersome procedures that would otherwise be necessary under portability requirements. Without this MOA, when a family requests to exercise their right to port-out to OCHA or AHA’s jurisdiction, the process would take an additional 30-45 calendar days because the receiving PHA must collect new documentation and issue a new voucher to the family. Under this MOA, when a family exercises their right to port-out, SAHA only needs to request an inspection of the assistedunit requested by the family from the PHA who has jurisdiction over the geographic location of the unit. Meanwhile, the family’s housing assistance continues to be administered by SAHA. As its primary purpose, the MOA reduces the time it takes for families to move between housing authority jurisdictions in Orange County and allows SAHA, OCHA, and AHA to more efficiently administer our housing assistance.

It is important to note that the extension of the agreement being recommended is officially between OCHA, AHA, SAHA and GGHA. However, GGHA is not willing to allow mobility between Santa Ana and Garden Grove. The MOA outlines the definitions and terms of the agreement. The MOA is contingent on approval by the Anaheim Housing Authority and Garden Grove Housing Authority.

FISCAL IMPACT
The MOA does not stipulate an aggregate amount not to exceed among the parties involved. The agreement only specifies the flat fees to be paid for inspections, reinspections, and a maximum for the file sharing and storage system. The Housing Authority estimates the expenditures per this MOA may range from $35,000 to $50,000 annually. Funds will be allocated and budgeted in the Housing Authority’s account nos. (14018760-various and 13918780-various) as necessary per fiscal year.

EXHIBIT(S)

1. Memorandum of Agreement for Inter-Jurisdictional Mobility Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 2 – 2 4/5/2022

MEMORANDUM OF AGREEMENT

INTER-JURISDICTIONAL MOBILITY
Among

ORANGE COUNTY HOUSING AUTHORITY
Division of OC Housing & Community Development & Homeless Prevention And

ANAHEIM HOUSING AUTHORITY
And

GARDEN GROVE HOUSING AUTHORITY
And

SANTA ANA HOUSING AUTHORITY
This Memorandum of Agreement, hereinafter referred to as "MOA," entered into on execution date, is by and among the Public Housing Agencies (PHAs) of the Cities of Anaheim, Garden Grove, Santa Ana and the County of Orange, a political subdivision of the State of California, referred to as "PARTY," or collectively as "PARTIES." The Parties agree and understand that each Party is a legally authorized PHA by the State of California to operate within their respective cities and to foster inter-jurisdictional mobility in the administration of the Department of Housing and Urban Development (HUD) Housing Choice Voucher (HCV) Program.

RECITALS
WHEREAS, the Housing Choice Voucher (HCV) Program, established pursuant to the provisions of Section 8 of the U.S. Housing Act of 1937, as amended (42 CFR U.S.C. 1437 f) authorizes the payment of rental subsidies to a private owner of housing units on behalf of eligible families who enter into a lease agreement for an eligible unit.

WHEREAS, the authority to enter into this MOA is contained in the following applicable federal regulations for the Housing Choice Voucher (HCV) Program 24 CFR Part 982. These regulations address Portability and related procedures and emphasize that PHAs must provide families with the broadest choice regarding the location of units, both within and outside their respective jurisdictions.

WHEREAS, the PHAs entering into this MOA are public housing agencies located and duly authorized to operate in the State of California.

WHEREAS, each PHA entering into this MOA has also entered into an Annual Contributions Contract (ACC) with HUD. Each PHA is also authorized to administer the Housing Choice Voucher (HCV) Program within its respective jurisdiction.

WHEREAS, the four jurisdictions covered by the PHAs entering into this MOA are located within the geographic boundaries of the County of Orange. These PHAs desire to execute this MOA to promote mobility and freedom of choice for low-income families seeking housing assistance under the Housing Choice Voucher (HCV) Program. This MOA is also intended to simplify, facilitate and improve inter-jurisdictional administration of the Housing Choice Voucher (HCV) Program by eliminating often cumbersome procedures that would otherwise be necessary under Portability requirements.

EXHIBIT 1
City Council 2 – 3 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 2 of 15 NOW THEREFORE, the Parties mutually agree as follows:

I. RECITALS
The parties to this MOA hereby find and declare that the above Recitals are true and correct, and incorporated herein by this reference.

II. DEFINITION OF TERMS
For the purposes of this MOA, the following definitions shall apply:

A. The term "Administrative Plan" is defined as the plan that describes PHA policies for the administration of the Housing Choice Voucher (HCV) Program.

B. The term "Annual Contributions Contract" (ACC) shall mean a written agreement between HUD and a PHA to provide annual contributions for the purpose of providing Housing Assistance Payments (HAP) and other expenses pursuant to the Housing Choice Voucher (HCV) Program.

C. The term "Host Jurisdiction" shall mean the jurisdiction of a PHA in Orange County where the Issuing PHA is not otherwise authorized to administer its Housing Choice Voucher Program, but to which an eligible family wishes to move and use a Voucher issued by the Issuing PHA.

D. The term "Housing Quality Standards" (HQS) shall mean the minimum dwelling u ni t standards required to protect the health and safety of tenants.

E. The term "HUD Portability Procedures" shall mean the procedures required by federal regulations governing the use of Vouchers in a jurisdiction of another PHA in the absence of a voluntary MOA between or among these agencies.

F. The term “Inspection” shall mean examination of a rental unit for compliance with HQS.

G. The term "Issuing PHA" shall mean a PHA that issued a Voucher to a family participating in the Housing Choice Voucher (HCV) Program in Orange County, California that wishes to move to another PHA's jurisdiction within Orange County (Host PHA).

H. The term "Jurisdiction" shall mean the geographical area in which a PHA has authority under state and local law to administer the Housing Choice Voucher (HCV) Program.

I. The term "Mobility" is distinct from Portability and shall mean the movement of Housing Choice Voucher Holders among the four PHAs within the geographic boundaries of the County of Orange, California, the details of which are outlined in this MOA.

J. The term "Portability" shall mean a Voucher recipient's right to move from one PHA's jurisdiction to another PHA's jurisdiction within the United States and associated territories.

K. The term “Quality Control Inspection” shall mean any one of the random sample inspections performed by the Host PHA upon request by the Issuing PHA pursuant to Section III(D)(3)(e) to ensure compliance with HUD HQS standards
EXHIBIT 1
City Council 2 – 4 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 3 of 15 L. The term "Voucher(s)" shall mean a HUD Housing Choice Voucher.

III. Inter-jurisdictional ProgramAdministration
A. With the exception of portability and mobility between the Santa Ana and Garden Grove housing authorities, the Parties hereby authorize each other to administer the Housing Choice Voucher (HCV) Program within the Host PHA's jurisdictional boundaries, subject to the terms of this MOA.

B. The Parties shall cooperate with one another to the maximum extent possible including the sharing and exchanging of the information necessary for the effective implementation of this MOA.

C. The Part ies ag ree that the flat fees included in the Fee Schedule found in Attachment I, incorporated herein by reference, are reasonable for the performance of services required.

D. Pursuant to this MOA, the Issuing PHA shall retain 100% of its administrative fees under the Housing Choice Voucher (HCV) Program. No administrative fee shall be owed to the Host PHA whenever a family leases a unit within the Host PHA's jurisdiction.

IV. PHA Administrative Plans- Generally
The Parties recognize that their respective Administrative Plans may not be identical in all respects and therefore, the Parties agree that, except as set forth in this MOA, the Administrative Plan of the Issuing PHA shall govern administration of a Voucher issued by that PHA, regardless of the PHA jurisdiction in which it is used. Exceptions to this g e n e r a l rule are found in the Sections describing Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards, Section V, Paragraphs B, C, and D, respectively, and found below.

V. Rules Regarding Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards (HQS)
A. GeneralProvisions
It is hereby agreed that whenever a Voucher issued by an Issuing PHA is to be used in another PHA's jurisdiction, the standards of the Host PHA's Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards will apply. Documentation completed by the Host PHA will verify that standards have been met and comply with HUD requirements. Failure of the host PHA to verify that the standards stated above have met and comply with HUD requirements may result in the Host PHA’s termination from the MOA. If the Host PHA does not cure the breach within 30 days, the Host PHA will not be entitled to payment of inspection fees for the standards not met. Party in breach shall be liable for any claims arising from this breach.

B. Payment Standards and Utility Allowances
The PHAs entering into this MOA shall adopt Payment Standards and Utility Allowances in compliance with 24 CFR Parts 982.503 and 982.517 respectively.

C. Rent Reasonableness Standards
EXHIBIT 1
City Council 2 – 5 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 4 of 15 A Host PHA shall be required to provide a Rent Reasonableness Certification ("RRC") to the Issuing PHA at the time the HQS inspection request is returned. The Host PHA, in issuing such information, certifies that it has conducted a diligent analysis of prevailing rents in their jurisdiction. By accepting the RRC, the Issuing PHA is not responsible and shall not be held liable for any errors or omissions on the part of the Host PHA. The Host PHA agrees to assume any and all liability for any errors or omissions on the part of the Host PHA as it relates to this Section V, Paragraph C.

D. Housing Quality Standards (HQS) Inspections

1. PHAs entering into this MOA shall maintain HQS equal to or exceeding those required by HUD.

2. When the Host PHA uses standards that exceed or are more stringent than the minimum standards required by HUD, such standards shall apply for all housing inspections performed by the Host PHA pursuant to this MOA.

3. The Host PHA is responsible for the completion of HQS inspection requests from an Issuing PHA. This includes:
a. Initial lnspections
In order to assist an eligible family expeditiously, upon receipt of the inspection request from an Issuing PHA, the Host PHA will complete the HQS inspection, including all related documentation, within fifteen (15) calendar days of the date that the Host PHA confirms with the owner that the unit is ready for inspection. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule. b. Annual lnspections
Requests for an annual HQS inspection to the Host PHA will be completed within sixty (60) calendar days of the date the request was received. The Host PHA will be responsible for the scheduling and performance of an annual HQS inspection request. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Attachment I of this MOA entitled Fee Schedule. c. Special Inspections
Upon receipt of a request from the Issuing PHA for a special HQS inspection to address non-life threatening matters the Host PHA will schedule and complete the special inspection within fifteen (15) calendar days of the date that the Host PHA has confirmed receipt of the request. For life-threatening emergencies, the PHAs will work together to inspect as quickly as feasible. The Issuing PHA may request that one of their staff be present at these special inspections. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule.
d. Suspected Fraud Inspections
The Issuing PHA, after written notification to the Host PHA, will be permitted to conduct such inspections as deemed necessary in accordance with its own established policies and procedures.

EXHIBIT 1
City Council 2 – 6 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 5 of 15 e. Quality Control Inspections and Monitoring
To ensure compliance with HUD HQS standards, each Issuing PHA will select a random sample of inspections performed and “passed” by the Host PHA within the previous sixty (60) days. The Issuing PHA will then submit a request to the Host PHA for performance of quality control inspection of the sample. The Host PHA will complete the monitoring no more than thirty (30) days from the date of the Issuing PHA’s request. For assisted units in the Host PHA’s jurisdiction, the quantity of quality control inspections to be performed by the Host PHA are as follows:
 5 inspections for 100 assisted units, plus 1 for each additional 25 units  10 inspections for 200 assisted units, plus 1 for each additional 25 units  15 inspections for 300 assisted units
 1 additional inspection for every additional 100 units above 300 The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule. f. Special Programs Inspections
With the mutual consent of participating agencies, the provisions of this Mobility Agreement will also apply to specialized housing programs including, but not limited to Veterans Affairs Supportive Housing and Housing Opportunities for Persons with AIDS.
g. The Host PHA shall indemnify, defend with counsel approved in writing by Issuing PHA, and hold Issuing PHA, its elected and appointed officials, officers, employees, agents and those special districts and agencies which Issuing PHA’s governing body (“Indemnitees”) harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Host PHA pursuant to this Section V.D. If judgment is entered against Host PHA and Issuing PHA by a court of competent jurisdiction because of the concurrent active negligence of Issuing PHA or its Indemnitees, Host PHA and Issuing PHA agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
h. The Issuing PHA is not responsible and shall not be held liable for any errors or omissions on the part of the Host PHA. The Host PHA agrees to assume any and all liability for any errors or omissions on the part of the Host PHA as it relates to this Section V, Paragraph D.

VI. Additional Terms for Administration of Project Based Vouchers (PBV) for Housing Choice Voucher (HCV) Recipients and/or for Special Purpose Voucher (SPV) Recipients in the Host PHA’s Jurisdiction
A. The Parties, recognize there are different requirements for the PBV and SPV recipients in the host PHA’s jurisdiction. Such differences shall be effectuated pursuant to Attachment II, incorporated herein by reference.

VII. Exchange of Records and Documents
A. In order to ensure timely transactions between the PHAs entering into this MOA, the PARTIES will utilize a mutually agreed upon file sharing and storage system EXHIBIT 1
City Council 2 – 7 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 6 of 15 to electronically deliver relevant information and documentation required to carry out the operations outlined in this MOA. Delivery will occur between the PHAs entering into this Agreement not less than once per week, as necessary, and as agreed upon. More frequent delivery service may occur upon arrangement by all PHAs entering into this MOA.

B. The cost of the aforementioned file sharing and storage system will not exceed $12,000/year.

Each PARTY will host the system for one year in a rotating basis. On a yearly, rotating basis (effective January 1 of each year and ending December 31 of that year), the full cost of the system will be paid by the participating PHA next in rotation (“hosting PHA”).

C. In the event that alternative technology or resources become available that is more costeffective or efficient than the existing service in exchanging records and documents, the use of the existing service may be modified, through a written amendment by mutual agreement of the PHAs.

VIII. Performance
The PHAs entering into this MOA will retain sufficient resources to meet the anticipated workload that may be generated as a result of this MOA. Should an unanticipated event or emergency occur that has an impact upon the Host PHA's ability to complete an inspection within the performance criteria set forth in this MOA, the Host PHA will notify the Issuing PHA. The Issuing PHA will determine which of the following options is to be taken: (1) Performing the inspection themselves, or; (2) Extending the timeframe that the Host PHA has to complete the inspection, based upon a mutually agreeable period by each respective PHA.

IX. Agreement Limitations
This MOA is intended solely for the purpose of administering the Housing Choice Voucher (HCV) Program, and no other programs administered by the PHAs entering into this MOA.

This MOA will not conflict with, nor prejudice, any federal regulations governing Portability procedures under the Housing Choice Voucher (HCV) Program as they relate to any other PHAs who are not a party to this MOA.

X. Yearly Exchange of Files
On an annual basis, the Parties have the option of exchanging the administration of an agreed-upon number of Vouchers administered by any other PHA/Party with the appropriate Issuing PHA. It is emphasized that this yearly exchange of files/assisted tenants is optional, and dependent upon a mutual agreement between the respective Parties. If agreed upon, such yearly exchanges will occur when mutually convenient and shall represent a one-for-one exchange where feasible. PHAs will also ensure the exchange of information is granted in a uniform and complete fashion, including, but not limited to, owner tax identification of any such files exchanged. The Parties agree to keep the exchanged files pursuant to HUD issued regulations and policy guidelines.

XI. Termination of Participation
A It is hereby agreed that a PHA may terminate its participation in this MOA with a ninety (90) calendar day written notice to all the Parties. The termination of participation in this MOA by any PHA shall not result in the termination of the MOA in its entirety. The MOA’s term shall continue among the remaining Parties.

EXHIBIT 1
City Council 2 – 8 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 7 of 15 B. At the date of termination, the PHA will thereafter be subject to HUD Portability Procedures. The terminating PHA shall implement the HUD Portability Procedures for such Vouchers, and within a reasonable time, not to exceed ninety (90) calendar days after notification to the other PHAs of the intent to terminate participation.

XII. Term of Agreement
Unless terminated as specified in Section XI Paragraph A, this MOA is effective through April 30, 2027.

NOW THEREFORE, as duly authorized, and in witness of the foregoing, the PHAs hereby execute this MOA.
--- SIGNATURE PAGES FOLLOW --
.

EXHIBIT 1
City Council 2 – 9 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 8 of 15

ORANGE COUNTY HOUSING AUTHORITY
Julia Bidwell, Executive Director Date
Approved as to Form:

Office of the County Counsel
Orange County, California
Deputy Date
EXHIBIT 1
City Council 2 – 10 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 9 of 15

ANAHEIM HOUSING AUTHORITY
, Director Date
Approved as to Form:

Assistant City Attorney Date
ATTEST:

By:

City Clerk
EXHIBIT 1
City Council 2 – 11 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 10 of 15

GARDEN GROVE HOUSING AUTHORITY
, Director Date
Approved as to Form:

City Attorney Date
EXHIBIT 1
City Council 2 – 12 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 11 of 15

SANTA ANA HOUSING AUTHORITY
Steven Mendoza , Director Date
Approved as to Form:

Ryan O. Hodge Date
Assistant City Attorney
ATTEST:

By:

Daisy Gomez
City Clerk
March 22, 2022
EXHIBIT 1
City Council 2 – 13 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 12 of 15

ATTACHMENT I

FEE SCHEDULE
The fees set forth under this schedule regard specific activities covered under this Agreement.

The following fees may be amended at any time by mutual agreement of all participating PHAs.

Such agreement may be evidenced by the written concurrence of the Executive Directors of the PHAs entering into this Agreement.

1. The Host PHA shall be reimbursed the sum of one hundred and fifty dollars ($150.00) for each inspection requested by the Issuing PHA, including one (1) follow-up reinspection, if needed.

2. In the event an additional re-inspection is required, the Host PHA shall be reimbursed the sum of seventy-five dollars ($75.00) for each such additional re-inspection requested by the Issuing PHA.

3. The Host PHA may be further reimbursed for any additional expenses as may be mutually agreed upon between PHAs for services requested by the Issuing PHA that may not be covered by these inspections.

4. Payment for the file sharing and storage system not exceed $12,000/year will be paid by the participating PHA next in rotation.

Expenses for the services above will be billed to the Issuing PHA and shall be paid to the Host PHA within 45 days of the date billed.

EXHIBIT 1
City Council 2 – 14 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 13 of 15

ATTACHMENT II
Additional Terms for Administration of Project Based Vouchers (PBV) for Housing Choice Voucher (HCV) Recipients and/or for Special Purpose Voucher (SPV) Recipients in the Host PHA’s Jurisdiction:

1. Definition of Terms:
“Agreement to enter into Housing Assistance Program contract (AHAP)”: The Agreement is a written contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines requirements for development of housing to be assisted. When development is completed by the owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner. “Environmental review”: The federally required review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related applicable federal laws and authorities in accordance with 24 CFR 58.5 and 58.6.
“Family Unification Program (FUP)”: FUP is a SPV program where vouchers are made available to families for whom the lack of adequate housing is a primary factor in the imminent placement of the family’s child, or children, in out-of-home care, or in the delay of discharge of the child, or children, to the family from out-of-home care. FUP vouchers are also made available to youths ages 18 to 25 who left foster care at age 16 or older who lack adequate housing. The FUP is generally administered in partnership with the Social Services Agency (SSA).
“Housing Assistance Program (HAP) Contract”: The housing assistance payments contract between the PHA and the owner.
“Non-Elderly Disabled (NED)”: Non-Elderly Disabled is a SPV program that is designed to provide assisted housing to families whose head, spouse, or co-head is disabled and under 62 as of the date of signing the HAP contract. NED Category 2 vouchers are specifically for non-elderly people with disabilities transitioning from nursing homes or other health facilities into the community. “Responsible entity (RE)”: The unit of general local government within which the project is located that exercises land use responsibility for purposes of determining to whom the required Environmental Review should be submitted.
“Special Purpose Vouchers (SPV)”: Special Purpose Vouchers are specifically provided for by Congress in line item appropriations which distinguish them from regular vouchers. Examples of SPV include but are not limited to Veteran Affairs Supportive Housing (VASH), Family Unification Program (FUP), Mainstream Vouchers, Non-Elderly Disabled, and Emergency Housing Vouchers (EHVs). “Veteran Affairs Supportive Housing (VASH)”: VASH is a SPV program that combines HCV rental assistance for homeless veterans with case management and clinical services provided by the Department of Veterans Affairs at its medical centers and in the community.

2. Environmental Review and Subsidy Layering Review
If the host City has funding or project-based vouchers in a project that triggers the need for an Environmental Review, the host City shall be responsible for the completion of an Environmental Review as outlined in 24 CFR part 50 and 58 for submission to the Responsible Entity(ies). The issuing PHA shall collaborate with and provide general guidance as necessary to the host City. The host City shall provide proof of submission, a copy of the Environmental Review and copy of the HUD form 7015.16 – Authority to Use Grant Funds, to the issuing PHA within 3 business days of its submission to the Responsible Entity(ies) and upon receipt of approval.

EXHIBIT 1
City Council 2 – 15 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 14 of 15 If the host City does not have funding in a project, or if the host City’s funding in a project does not trigger an Environmental Review, the completion of an Environmental review shall be done by the PHA whose funding triggered the Environmental Review requirement.

In the event a subsidy layering review (SLR) is necessary in accordance with the requirements of the Housing and Economic Recovery Act of 2008 (HERA) or to satisfy the requirements of section 102 (d) of the Department of Housing and Urban Development Reform Act of 1989 (HUD Reform Act) and is performed by the Housing Credit Agency (HCA), the PHA with Project Based Vouchers in the project shall be responsible for the SLR requirements. If the host PHA has vouchers in the project, the review responsibility shall default to the host PHA. The issuing PHA shall collaborate with and provide general guidance as necessary to the host PHA.

The host PHA, if responsible for the SLR, shall provide proof of SLR submission, along with a copy of the SLR, to issuing PHA within 3 business days of its submission to the Responsible Entity(ies).

The allocation of responsibilities in the above paragraphs may be subordinate to a negotiated agreement made outside of this document.

3. AHAP/HAP
Developer shall execute a separate AHAP as required, and HAP, for each participating PHA when two or more PHAs agree to issue project-based vouchers in an affordable housing project in a host PHAs jurisdiction.

4. Inspection
Pre-HAP contract inspections of the completed contract units shall be completed by the host PHA in adherence to 24 CFR 983.103, the executed AHAP, when applicable, and the MOA . The host PHA must inform the issuing PHA within seven (7) calendar days whether the work has been completed in accordance with regulation, the AHAP and/or MOA. In the event the host PHA is unable to meet the established deadline, the host PHA will allow the issuing PHA to inspect the completed contract units in order to limit delays in development and no payment will be made to the host PHA.

If the host PHA determines that work deficiencies exist, the host PHA shall notify the developer of the affordable housing project within seven (7) calendar days of the extent of the deficiencies and the requirements and procedures for correction of the contract units.

Upon receipt of an inspection request for a turnover inspection or a Biennial inspection for contract units from an issuing PHA, the host PHA will complete the inspection and all related documentation, per 24 CFR 983.103 and FR Notice 6/25/14, within seven (7) calendar days of the date of the issuing PHA’s request.

5. Initial Rent
Estimated initial rent to owner shall be established within a period consistent with the MOA by the host PHA. The initial contract rents for each unit shall not exceed the amount authorized per 24 CFR 983.301. The standards of the host PHA’s Payment Standards, Utility Allowances, Rent Reasonableness Standards, and HQS will apply.

The Parties agree that the project developer shall maintain separate and distinct AHAP and HAP agreements for each participating PHA.

6. Tenant Selection
The Parties agree that the awarded number of project-based vouchers from the awarding/issuing PHA is directly connected to a number of units within the project. To that end, the awarded project-based vouchers must remain available to the issuing PHA for use upon tenant turnover.

EXHIBIT 1
City Council 2 – 16 4/5/2022
Housing Choice Voucher (HCV) Program Interjurisdictional Administration Page 15 of 15 Tenant selection is determined by issuing PHA criteria.

7. Post Move in Activities
MOA rules regarding Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards (HQS) shall remain unchanged when applied to the use of Project Based Vouchers for Housing Choice Voucher recipients and/or for Special Purpose program voucher recipients in the host PHA’s jurisdiction.

The issuing PHA shall administer any additional post move in activities.

EXHIBIT 1
City Council 2 – 17 4/5/2022
Housing Authority
santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Housing Authority Annual Plan
AGENDA TITLE:

Public Hearing - Approve the Housing Authority Annual Plan

RECOMMENDED ACTION

1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development.

2. Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development.

DISCUSSION
The United States Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an Annual Plan for the management and operation of the program. The general purpose of the Annual Plan is to advise HUD, program participants, applicants, and members of the public on the Housing Authority’s policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the Annual Plan (Exhibit 1) provides information on the following topics: (1) new activities to be undertaken by the Housing Authority in the next year; (2) findings from the most recent Fiscal Year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the Five-Year Plan for FY 2020-2025. This Annual Plan is for the third year of the Five Year Plan for FY 2020-2025.

As required by HUD, three ad hoc Resident Advisory Board meetings were held on February 2, 2022 with HCV participants who receive housing assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants in the HCV Program were mailed an invitation to participate on the Resident Advisory Board and the Board provided input for the development of the Annual Plan. The comments from the Resident Advisory Board were City Council 3 – 1 4/5/2022
Housing Authority Annual Plan
April 5, 2022

incorporated into the Annual Plan. The Santa Ana Housing Authority (SAHA) also conducted a survey of all HCV participants. The survey was mailed to all active HCV participants to complete.

Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by doing the following: (1) considering the feasibility of each recommendation; (2) discussing as a team the opportunity for the SAHA to implement each recommendation; and (3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the Annual Plan.

On February 23, 2022, a legal notice was published in the Orange County Register and La Opinión advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 5, 2022. A legal notice was also published in the Nguoi Viet newspaper on February 24, 2022. The Annual Plan was also made available on the Housing Authority’s website and in the Housing Authority lobby. HUD federal regulations requires a 45-day public comment period and the public comment period ends on April 5, 2022. (A legal notice was also published on February 19, 2022 in another publication in order to meet the 45-day public comment period requirement.) All public comments received will be included in the Annual Plan submitted to HUD.

FISCAL IMPACT
There is no fiscal impact associated with this action

EXHIBIT(S)

1. Housing Authority Annual Plan

2. Resolution
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 3 – 2 4/5/2022
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: ___ Housing Authority of the City of Santa Ana __________________________________________________________________ PHA Code: ____ CA093__________
PHA Plan for Fiscal Year Beginning: (MM/YYYY): __07/2022_____ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _3,026______
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

EXHIBIT 1
City Council 3 – 3 4/5/2022

B. Annual Plan.

B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2 New Activities
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N
Project Based Vouchers.
(b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.

The Housing Authority of the City of Santa Ana (SAHA) plans to:
1) Enter into an Agreement to Enter into a Housing Assistance Payments Contract for three (3) project-based vouchers in a 17-unit new construction project called FX Residences. FX Residences involves the new construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one (1) manager’s unit. The location of the project is at 801, 809, 809 ½ East Santa Ana Boulevard.
2) Enter into an Agreement to Enter into a Housing Assistance Payments Contract for seven (7) project-based vouchers in a 86-unit new construction project called Crossroads at Washington. The Crossroads at Washington project involves the new construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set-aside for permanent supportive housing. The location of the project is at 1126 and 1146 E. Washington Ave.
3) Enter into a Housing Assistance Payments Contract for eighty-nine (89) project-based vouchers in a 89-unit motel rehabilitation project called North Harbor Village. The North Harbor Village project involves the acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. The project will have eight-nine (89) PBVs consisting of 34 HUD-VASH PBVs and 55 non HUD-VASH PBVs. The location of the project is at 1108 N. Harbor Blvd. 4) Enter into a Housing Assistance Payments Contract for eight (8) project-based vouchers in a 93-unit new construction project called Legacy Square. The Legacy Project involves the new construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and one (1) manager’s unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set-aside for permanent supportive housing. The location of the project is at 609 North Spurgeon Street. 5) Commit 25 project-based vouchers to one or more projects for the development of new affordable housing opportunities.

The projects above are consistent with the PHA Plan because each project will the most vulnerable members of the community with affordable and permanent supportive housing opportunities. Relative to issuing tenant-based vouchers, project-basing vouchers allows vulnerable families at 30% AMI or people experiencing homelessness to move into a unit directly instead of searching and competing for a unit in the private market. It is more efficient and effective to serve extremely low-income families and people experiencing homelessness through project-basing because: 1) the family does not have to compete in the private market for a limited number of vacant units; 2) wrap-around supportive services are provided on-site for people experiencing homelessness with an economy of scale for on-site service providers; and 3) new affordable housing opportunities are created when project-based vouchers are leveraged with other sources of financing.

B.3 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?

Y N N/A

(b) If yes, please describe:

EXHIBIT 1
City Council 3 – 4 4/5/2022

B.4 Civil Rights Certification
Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.

B.5 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

B.6 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan.

Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community.

Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY.  SAHA utilized 100.4% of our Annual Budget Authority from HUD for CY 2021.

Objective # 2: Apply for new funding opportunities for additional vouchers.  In June 2021, SAHA received an award of eighty-nine (89) new Emergency Housing Vouchers awarded under PIH Notice 2021-15.

Goal # 2: Expand participation in the Family Self-Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance.

Objective # 1: Expand the number of active participants in the Family Self-Sufficiency Program.  The number of active participants in the Family Self-Sufficiency Program decreased from 122 families enrolled to 106. The COVID-19 pandemic impacted our capacity and ability to outreach to new participants. However, the number of mandatory slots for SAHA decreased by one (1) from 60 to 59 total mandatory slots. The percent of families enrolled over mandatory slots is equal to 180% and 78% of families have an escrow account balance in the program.  SAHA continued sending a monthly electronic Family Self-Sufficiency Program newsletters to our participants who have provided us with their e-mail addresses. Each newsletter features a Story of Success for a family who is participating in the program. In addition, SAHA also provided an annual calendar to all of our participants with a Story of Success for each month.

Objective # 2: Assist Family Self-Sufficiency Program participants to become self-sufficient and graduate from the program.  During this Fiscal year, one (1) participant graduated from the Family Self-Sufficiency Program.

Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations.

Objective # 1: Retain High Performer SEMAP status.
 SAHA was certified as a High Performer for FY 20-21. SAHA audited a total of 273 files under SEMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. For SEMAP Indicator # 5, SAHA conducted a total of 46 quality control inspections even though the minimum sample size required by HUD was only 34 quality control inspections.

Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords.

Objective # 1: Communicate on a regular basis with active landlords by providing information on key program updates.  During this Fiscal Year SAHA e-mailed a newsletter in December and January.

Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program.
 SAHA renewed our membership with the Orange County Apartment Association. Local events were cancelled due to the COVID-19 pandemic.

Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants.

Objective # 1: Provide an annual mandatory training for all Housing Authority staff.  On August 27, 2021, SAHA held an annual Fair Housing Training for all Housing Division employees. This annual training is required for all employees.

Objective # 2: Provide information on fair housing to owners and participants.  SAHA provided information on fair housing to owners and participants.

Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.  SAHA provided information on VAWA to all program applicants, participants and landlords.

EXHIBIT 1
City Council 3 – 5 4/5/2022

B.7 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the PHA Plan?
Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

Three Resident Advisory Board meetings were held on February 7, 2022. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board and the Board members who attended provided input for the development of the Annual Plan. Please see attachment for RAB Comments.

SAHA also released a survey for all of HCV participants. The survey was mailed to all active HCV participants with a link to the survey.

Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by: 1) considering the feasibility of each recommendation; 2) discussing as a team the opportunity for SAHA to implement each recommendation; and 3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by the Housing Authority.

Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) EXHIBIT 1
City Council 3 – 6 4/5/2022

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs.

See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii)) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.

Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.

B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p)) B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality EXHIBIT 1
City Council 3 – 7 4/5/2022
MEETING DATE AND TIMES ARE:

MONDAY, FEBRUARY 7, 2022
2:00PM - 3:00PM VIETNAMESE
3:00PM - 4:00PM SPANISH
4:00PM - 5:00PM ENGLISH

MEETINGS WILL BE CONDUCTED VIA
ZOOM.

IF YOU WOULD LIKE TO PARTICIPATE IN

THIS MEETING, PLEASE RSVP BY CALLING
(714) 667-2269 NO LATER THAN
TUESDAY, FEBRUARY 1, 2022. WE WILL

SEND YOU A ZOOM LINK FOR THE
MEETING UPON YOUR RESERVATION.

The Housing Authority of the City of Santa Ana
invites you to participate in a group discussion
develop our
We want your input and feedback to help us
with our staff and other program participants.

Annual Plan. Discussion topics
selection
include: housing needs; tenant eligibility,
and admissions; housing authority
procedures; family self
and Payment Standards; PHA grievance
financial resources; rent determination policies
-sufficiency; and other
and administration of
important issues pertaining to the management
our community’s program.

FECHA Y LUGAR DE REUNION:
lunes, 7 de Febrero 2022
3:00 PM - 4:00 PM

AUTORIDAD DE VIVIENDA DE LA

CIUDAD DE SANTA ANA
Reunión se llevara acabo por Zoom
SI DESEA PARTICIPAR EN ESTA REUNIÓN, FAVOR DE

CONFIRMAR SU ASISTENCIA LLAMANDO
AL (714) 667-2269 A MAS TARDAR
EL Martes, 1 de Febrero 2022.

Le enviaremos el enlace de zoom para la reunión al
momento de su reserva.
personal y otros partici
invita a participar en una discusión de grupo con nuestro La Autoridad de Vivienda de la Ciudad de Santa Ana le
pantes en el programa.
desarrollar nuestro
Queremos su opinión y comentarios para ayudarnos a
Plan Anual. Los temas de discusión
incluyen: necesidades de vivienda; elegibilidad de
arrendatario, selección y admisión; recursos financieros de la autoridad de vivienda; políticas de determinación y normas de pago; procedimientos de queja PHA; la
programa de nuestra comunidad.
relacionados con la gestión y administración del
autosuficiencia de la familia; y otros temas importantes EXHIBIT 1
 City Council 3 – 84/5/2022 
MEETING DATE AND TIMES ARE:

MONDAY, FEBRUARY 7, 2022
2:00PM - 3:00PM VIETNAMESE
3:00PM - 4:00PM SPANISH
4:00PM - 5:00PM ENGLISH

MEETINGS WILL BE CONDUCTED VIA
ZOOM.

IF YOU WOULD LIKE TO PARTICIPATE IN

THIS MEETING, PLEASE RSVP BY CALLING
(714) 667-2269 NO LATER THAN
TUESDAY, FEBRUARY 1, 2022. WE WILL

SEND YOU A ZOOM LINK FOR THE
MEETING UPON YOUR RESERVATION.
invites you to participate in a
The Housing Authority of the City of Santa Ana
group discussion
develop our Annual Plan. Discussion top
We want your input and feedback to help us
with our staff and other program participants.
ics
procedures; family self
and Payment Standards; PHA grievance
financial resources; rent determination policies
selection and admissions; housing authority
include: housing needs; tenant eligibility,
-sufficiency; and other
important issues pertaining to the management
and administration of our community’s program.

Ngày và Giờ Họp:

THỨ HAI, NGÀY 7, THÁNG 2, 2022
TỪ 2:00 ĐẾN 3:00 GIỜ CHIỀU
CÁC CUỘC HỌP SẼ ĐƯỢC TỔ CHỨC QUA ZOOM
NẾU QÚI VỊ MUỐN THAM GIA CUỘC HỌP NÀY,
VUI LÒNG GỌI SỐ (714) 667-2269 TRƯỚC THỨ
BA, NGÀY 1, THÁNG 2, 2022 ĐỂ GIỮ CHỔ.

CHÚNG TÔI SẼ GỬI CHO QÚI VỊ MỘT LIÊN KẾT
ZOOM CHO CUỘC HỌP SAU KHI QÚI VỊ NGHI
DANH.

Cơ Quan Trợ Cấp Gia Cư Thành Phố Santa Ana kính mời
quí vị tham dự một buổi hội thảo với nhân viên của cơ
quan cùng những thành viên khác hiện trong chương
trình. Xin quí vị hãy góp ý và hồi báo để giúp tu chỉnh kế hoạch hằng năm của cơ quan. Những chủ đề thảo
luận bao gồm: nhu cầu nhà ở; sự lựa chọn, những
điều kiện và sự thâu nhận vào chương trình; nguồn tài
chính của chương trình trợ cấp gia cư; những qui luật
dùng để định giá tiền thuê và những tiêu chuẩn dùng
để tính tiền nhà; những thủ tục khiếu nại của cơ quan
gia cư; chương trình gia đình tự túc; và những vấn đề
quan trọng khác liên quan đến sự quản lý và cách điều
hành của chương trình trong cộng đồng.

EXHIBIT 1
 City Council 3 – 94/5/2022 

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 7, 2022
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 10 4/5/2022
d. Rent Determination Policies
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ e. Operation and Management
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Grievance Procedures
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g. Housing Plus Program
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ h. Progress in Meeting Mission and Goals
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ i. Other Recommendations Not Listed Above
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 11 4/5/2022

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 7, 2022
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para mitigar las necesidades de vivienda)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
(Políticas de elegibilidad, selección y admisión, incluidos los procedimientos de desconcentración y lista de espera)
______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 12 4/5/2022
______________________________________________________________ ______________________________________________________________ d. Rent Determination Policies
(Políticas de determinación de renta)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ e. Operation and Management
(Operación y Administración)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ f. Grievance Procedures
(Procedimientos de quejas)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ g. Housing Plus Program
(Programa de housing plus)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ h. Progress in Meeting Mission and Goals
(Progreso en el cumplimiento de la misión y los objetivos) ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 13 4/5/2022
i. Other Recommendations Not Listed Above
(Otras recomendaciones no enumeradas arriba)
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ EXHIBIT 1
City Council 3 – 14 4/5/2022

CITY OF SANTA ANA

SANTA ANA HOUSING AUTHORITY
20 Civic Center Plaza ● P.O. Box 22030
Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 7, 2022
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs Nhu cầu nhà ở và chiến lược giải quyết những nhu cầu này ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
Những điều kiện, và các qui luật về sự lựa chọn để được gia nhập vào chương trình, bao gồm giải tán khỏi những khu vực với nguồn lợi tức thấp và những thủ tục của danh sách chờ đợi ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 15 4/5/2022
d. Rent Determination Policies
Qui lệ về cách xác định tiền thuê nhà
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ e. Operation and Management
Hoạt Động và Quản Lý
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ f. Grievance Procedures
Thủ tục khiếu nại
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ g. Housing Plus Program
Chương Trình Housing Plus
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ h. Progress in Meeting Mission and Goals
Sự Tìến Hành của Các Nhiệm vụ và Mục tiêu
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 16 4/5/2022
i. Other Recommendations Not Listed Above
Những Ý Kìến khác không có nêu trên
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ EXHIBIT 1
City Council 3 – 17 4/5/2022
CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza ● P.O. Box 22030 Santa Ana, California 92702
(714) 667-2200
www.santa-ana.org
Resident Advisory Board Meeting Agenda
February 7, 2022
I. Welcome and Introductions
II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13)
III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan
Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7)
b. Housing Needs and Strategy for Addressing Housing Needs Low vacancy. Accept any qualify unit. Look for unit with garage, washer and dryer but Could not find anything due to low vacancy rate. Want HA to help search/have a housing navigator similar to VASH program or have unit ready for applicants. Longer voucher time. c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures
online portal for waitlist status. On-boarding waitlist process is easy.

EXHIBIT 1
City Council 3 – 18 4/5/2022
d. Rent Determination Policies
The current process is fair and adequate. Santa Ana should have a donation center to help with rent. Should provide snap/food stamp. Apt should pay for trash and sewer e. Operation and Management
Operation is very good. Being very supportive and available by phone f. Grievance Procedures
New to the program and has not face any issue yet. Automate system, such as Sending text messages when family violate the program rules. g. Housing Plus Program
Not interested at this time.
h. Progress in Meeting Mission and Goals
Want the payment standard to increase for the city of Orange. Want housing to build more Unit.
i. Other Recommendations Not Listed Above
Want housing to house elderly temporary. Invest more in real estate and build more unit EXHIBIT 1
City Council 3 – 19 4/5/2022
EXHIBIT 1
City Council 3 – 20 4/5/2022
EXHIBIT 1
City Council 3 – 21 4/5/2022
EXHIBIT 1
City Council 3 – 22 4/5/2022
EXHIBIT 1
City Council 3 – 23 4/5/2022

Resident Advisory Board Meetings
Monday, February 7th, 2022
2:00PM — 5:00PM

VIA ZOOM
Take A Survey!
Scan the QR Code to the right
or go to:
https://www.surveymonkey.com/r/

YCMHCMX
EXHIBIT 1
City Council 3 – 24 4/5/2022
Reunión de la Junta Directiva de Residentes
Lunes, 7 de febrero del 2022
2:00pm a 5:00pm

POR ZOOM
¡Tome una encuesta!
Use el Código QR a la derecha
o visite:
https://www.surveymonkey.com/r/

YCMHCMX
EXHIBIT 1
City Council 3 – 25 4/5/2022
Cơ Quan Nhà ở Santa Ana
Kế hoạch hàng năm
Cơ quan nhà ở Santa Ana đang chuẩn bị Kế hoạch hàng năm cho năm 2022-2023 để đệ trình lên Bộ Nhà ở và Phát triển Đô thị Hoa Kỳ (HUD). Người tham gia Chương trình Phiếu Lựa Chọn Nhà ở được mời tham gia Cuộc họp Hội đồng Cố vấn Gia cư và/hoặc hoàn thành một cuộc khảo sát ngắn (xem Mã QR hoặc liên kết bên dưới) để hỗ trợ và đưa ra các đề nghị liên quan đến việc phát triển Kế hoạch hàngnăm.

Cuộc họp của Hội đồng Cố vấn Gia cư
Thứ Hai, ngày 7 tháng 2, 2022
2:00 chiều - 5:00 chiều

QUA ZOOM
NẾU QUÝ VỊ M UỐN THAM GIA CUỘC HỌP, VUI LÒNG GỌI (714) 667 -2269 MUỘN NHẤT VÀO THỨ BA, NGÀY 1 THÁNG HAI, 2022.

CHÚNG TÔI SẼ GỬI CHO QUÝ VỊ M ỘT LIÊN KẾT ĐẾN CUỘC HỌP
QUA ZOOM KHI QUÝ VỊ ĐĂNG KÝ.

Hãy tham gia khảo sát!
Sử dụng mã QR ở bên phải
hoặc truy cập:
https://www.surveymonkey.com/r/

YCMHCMX
EXHIBIT 1
City Council 3 – 26 4/5/2022
2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 https://www.surveymonkey.com/r/ycmhcmx 1/4
Santa Ana Housing Authority
Annual Plan Survey - 2022-2023
The Santa Ana Housing Authority is preparing
our Annual Plan for 2022-2023 to submit to the
U.S. Department of Housing and Urban
Development (HUD). Your response to this survey
will assist us with your recommendations
regarding the development of the Annual Plan on
your behalf.
* 1. What are your housing needs and what would you
rank as your top three housing needs?
* 2. What recommendations do you have to more
effectively address your housing needs?
0 of 10 answered
EXHIBIT 1
City Council 3 – 27 4/5/2022
2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 https://www.surveymonkey.com/r/ycmhcmx 2/4 * 3. As the largest housing assistance provider in our community, what do you think the Santa Ana
Housing Authority should do to address the housing
needs in our community?
* 4. What recommendations do you have to change
or improve our Eligibility, Selection and Admissions
Policies, including Deconcentration and Waiting List
Procedures?
* 5. What recommendations do you have to change
or improve our Rent Determination Policies?
* 6. What recommendations do you have to change
or improve our Operation and Management?
* 7. What recommendations do you have to change
or improve our Housing Plus Program (aka our
0 of 10 answered
EXHIBIT 1
City Council 3 – 28 4/5/2022
2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 https://www.surveymonkey.com/r/ycmhcmx 3/4
Powered by Family Self-Sufficiency Program)? * 8. What recommendations do you have to encourage more assisted-families to use our
assistance as a platform to obtain self-suciency?
* 9. How can we improve our progress to fulll our
mission and goals?
* 10. Do you have any other recommendations to
improve our program and services for you, our
landlords, and our community?
DONE
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EXHIBIT 1
City Council 3 – 29 4/5/2022
2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 https://www.surveymonkey.com/r/ycmhcmx 4/4
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EXHIBIT 1
City Council 3 – 30 4/5/2022
1 RESOLUTION NO. 2022-

A RESOLUTION OF THE HOUSING AUTHORITY OF

THE CITY OF SANTA ANA APPROVING THE

SUBMISSION OF THE ANNUAL PLAN FOR FISCAL
YEAR 2022-2023

BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS:

Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows:

A. The Housing Authority of the City of Santa Ana (the “Authority”) is required by the U.S. Department of Housing and Urban Development (“HUD”) to have an Annual Plan due to the fact that the Authority administers a Housing Choice Voucher (“HCV”) Rental Assistance Program.

B. The purpose of the Authority’s Annual Plan is to advise HUD, program participants and members of the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority, including programs, participants, services for the upcoming year, and any operational or tenant concerns.

C. The Authority is required to review its operations and needs for the Annual Plan with input from HCV participants. Three (3) Resident Advisory Board Meetings were held on February 2, 2022, with responses incorporated into the Annual Plan, as required by HUD regulations.

D. HUD regulations require a forty-five (45) day public comment period. On February 19, 2022, notification was published in the San Bernardino Sun that the draft plan was available for public review. On February 23, 2022, notification was also published in the Orange County Register and La Opinion newspapers, and on February 24, 2022, notification was further published in the Nguoi Viet newspaper, that the draft plan was available for public review. The public comment period ended on April 5, 2022. Further, a public hearing was held by the Housing Authority on April 5, 2022, and all comments received at the hearing are included in the final documents to be submitted to HUD.

Section 2. The Annual Plan for Fiscal Year 2022-2023 of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD.

Section 3. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution.

EXHIBIT 2
City Council 3 – 31 4/5/2022
2 ADOPTED this _____ day of ______________, 2022.
_____________________
Vicente Sarmiento
Chair
APPROVED AS TO FORM:

Sonia R. Carvalho, General Counsel
By:_____________________
Ryan O. Hodge
Assistant Counsel
AYES: Boardmembers: __________________________
NOES: Boardmembers: __________________________
ABSTAIN: Boardmembers: __________________________
NOT PRESENT: Boardmembers: __________________________

CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Recording Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2022- to be the original resolution adopted by the Housing Authority of the City of Santa Ana on April 5, 2022.

Date: ____________________ ______________________________ Daisy Gomez, Recording Secretary
EXHIBIT 2
City Council 3 – 32 4/5/2022