On April 28, 2022, the City Council requested updates to the proposed ordinance regarding program fees and the amount of time sign toppers can be in place. The Council also requested information on other municipalities’ ceremonial street naming processes.
Below is a comparison of different municipalities and the method by which the ceremonial naming of streets is approved.
City Application
Fee
Sign
Fabrication and
Installation Fee
Submitted By Approved By
Dallas Applicant* Applicant City Council or
residents
City Council
Baltimore None Applicant Residents, with
letters of support
from ward Council
member and Nbhd
Assoc.
City Dept. of Trans.,
ROW Special Events
Section, Mayor’s Office
of Nbhds, PD and FD.
Boston None Applicant Residents, with letter
of support from ward
Council member
City Council
Houston None None Residents Planning and Dev.
Director, City Council
Milwaukee Applicant Applicant Residents Citizen advisory committee, City Council
New York None Applicant - only
for replicas
Residents Community Board and
City Council, Mayor may
veto
New
Orleans
None Applicant Residents City Council
Phoenix None Applicant Residents Ward Council member,
City Council
San Diego Applicant ** Applicant** City Council or
residents
City Council
* Application fee is waived if the applicant is a government agency **Fees can be waived by City Council
Some cities, such as Palm Desert and Palm Springs, have legally, not ceremonially, named some of their streets in honor of influential founding residents or celebrities with ties to the cities. Therefore, their processes are different than the process for the aforementioned cities.
ENVIRONMENTAL IMPACT
There is no environmental impact is associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council 34 – 2 7/19/2022
Ceremonial Naming of Streets Policy
July 19, 2022
EXHIBIT(S)
1. Ordinance
2. Ceremonial Street Naming Permit Application
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 34 – 3 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 33 OF THE SANTA
ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND
PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO
CEREMONIAL STREET NAMING
WHEREAS, the Santa Ana City Council desires to recognize individuals and philanthropic organizations that are of particular importance to the City of Santa Ana or have made significant contributions to improving the quality of life in the City by ceremonially naming sections of public streets in their honor; and WHEREAS, currently, there is no formal policy addressing guidelines for the content or placement of ceremonial street signs; and
WHEREAS, a policy is needed to ensure consistency, proper neighborhood outreach, traffic safety, and appropriate sign content; and WHEREAS, this ordinance will amend the Santa Ana Municipal Code to authorize the City Council to confer ceremonial names on public streets and allow for the installation of appropriate signage, which shall be distinct from, and not change or replace, existing legal street names and signs, and recognized neighborhood association neighborhood street designations; and
WHEREAS, for ease of administration, these regulations will comprise new Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks and Public Works); and
WHEREAS, this ordinance is not intended to apply to the method by which the recognized neighborhood associations of the City currently place their neighborhood street designations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Article XI (Ceremonial Street Naming) is hereby added to Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks and Public Works) to read in its entirety as follows.
EXHIBIT 1
City Council 34 – 4 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
ARTICLE XI. - CEREMONIAL STREET NAMING
Sec. 33-259. - Purpose.
The purpose of this article is to commemorate the service, lives, and achievements of individuals, philanthropic groups of individuals, or a landmark event, affiliated with the City of Santa Ana where the individual(s) or event has had significant and clearly defined cultural, humanitarian or historic impact on the City by recognizing them with a ceremonial street name that does not cause any disruption of the existing legal street names and abutting uses. Nothing in this article shall pertain to the method by which recognized neighborhood associations place their neighborhood street designations.
Sec. 33-260. - General provisions.
(a) Only entire blocks of public streets or intersections may be granted ceremonial street names.
(b) A ceremonial street naming application may only be initiated by:
(1) A resident or owner of a property abutting the street; or (2) Neighborhood or community groups; or
(3) A current City Councilmember.
(c) Candidates for ceremonial street names shall be limited to the name of an individual, philanthropic organization, significant event or landmark. (d) Ceremonial street names shall be in the form of a “Sign Topper,” which is a sheet metal sign that is placed on top of the standard City street sign identification and shall adhere to the following specifications:
(1) Ceremonial street naming cannot contain a product name or be used for a commercial purpose.
(2) Ceremonial street naming must be a name of an individual, philanthropic organization, landmarks or an event.
(3) A ceremonial street Sign Topper must include the word “Honorary.” (4) No more than one ceremonial Sign Topper per street block. (5) Only one Sign Topper may be placed on any pole.
(6) Sign Toppers shall not be attached to traffic signal mast arms.
City Council 34 – 5 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
(7) Ceremonial names shall not duplicate any currently existing official street names.
(8) Up to five (5) Sign Toppers may be located at any one intersection, coincident with existing street name signs.
(9) Sign Toppers may not be attached to traffic signal poles. (10) No one candidate may receive City Council approval for a Sign Topper recognition on more than one street or intersection.
Sec. 33-261. - Criteria for Ceremonial Street Naming.
(a) Candidates for ceremonial street names must exhibit a minimum of 10 years of community involvement or demonstrated an extraordinary, consistent and voluntary commitment to the community, or have had contributed significantly to the City of Santa Ana. Significant historic events or City of Santa Ana landmarks may also be considered if supported by significant and clearly defined cultural, humanitarian, or historical impact to the City.
(b) An Individual to be honored must have been dead for at least two years prior to the date of application.
(c) Candidates, who have already been honored on one street, whether ceremonial or official, may not be honored on another street.
(d) Ceremonial street names cannot be an ideology or a commercial interest.
Sec. 33-262. - Application Process.
(a) Application. An application for a ceremonial street naming must be filed with the Public Works Agency on an application form furnished by the Agency. The application must include all of the following:
(1) A statement addressing the criteria for ceremonial street naming set forth in this article.
(2) A map showing the proposed location of the entire street block(s) receiving the ceremonial street name. No fractions of a street block may receive the ceremonial street name.
(3) If a ceremonial name is proposed for an intersection, a map showing the proposed intersection. No more than five (5) locations at an intersection may receive the ceremonial name.
City Council 34 – 6 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
(4) Documentation indicating that two-thirds of the residents or owners of the lots abutting the street or intersection are in support of the ceremonial street name.
A. For the purposes of this section, only one (1) adult signature per address, either owner or renter, will be counted.
B. Documentation shall be within 60 days from the date of the application.
C. Documentation shall be submitted on a form provided by the Director of Public Works.
(b) Notice of Application. Within ten (10) calendar days of acceptance by the City of the ceremonial street application, the applicant must provide written notice to the legal owners of the property abutting the proposed ceremonial street or intersection by depositing the notice, properly addressed and postage paid in the United States mail to such owners.
(1) The written notice shall include the following:
A. The proposed name of the street or intersection; and B. The location of the proposed street or intersection. (2) The City shall provide the addresses of the owners of record of the properties abutting the proposed ceremonial street block(s) or intersection. (3) Applicant will be responsible for paying postage and mailing such notices using the United States mail system.
(c) Fees. The following fees are required for a ceremonial street naming. (1) An application fee, as established by resolution of the City Council, must be paid at the time the application is submitted.
(2) If approved by the City Council, fees for sign production, hardware costs and installation fees, as established by resolution of the City Council, must be paid prior to sign installation.
(d) Public Hearing. The City Council shall consider the application based on the testimony presented at a public hearing and a determination that the application meets the ceremonial street naming criteria standards.
(1) If a written protest against the ceremonial street naming has been signed by the residents or owners of twenty percent (20%) of all lots abutting the City Council 34 – 7 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
street, then a favorable vote of three-fourths of all City Councilmembers is required.
(2) Otherwise, a ceremonial street application may be approved by a majority vote of City Councilmembers.
(e) Waiver. If application is initiated by a current City Councilmember, the requirements of subsections (a) through (c) may be waived by a majority vote of the City Council.
(f) Resolution. Approval of the ceremonial street naming shall be made by City Council resolution.
Sec. 33-263. - Effective date of ceremonial street name and end date. (a) The ceremonial street name shall end ten (10) years after the date of the resolution approving the ceremonial street name, provided that the City Council at its sole discretion may select a longer or indefinite period.
(b) An applicant may re-apply for the ceremonial street name by the same process detailed in this article.
Sec. 33-264. - Installation and replacement.
(a) Installation. The Director of the Public Works Agency, or his or her designee, is responsible for the fabrication and installation of the ceremonial Sign Toppers. (b) Replacement and Removal. Any ceremonial Sign Topper that has become torn, damaged, defaced, or destroyed shall be repaired, replaced, or removed by the City at the sole cost of applicant following written notice to applicant.
Sec. 33-265. - Authority of the Director.
The Director of Public Works is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this article.
Section 4. 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.
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 City Council 34 – 8 7/19/2022
brs 4/25/22
Ordinance No. NS-XXX
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 ___________, 2022.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 34 – 9 7/19/2022
brs 4/25/22
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 34 – 10 7/19/2022
PUBLIC WORKS AGENCY
For more information please contact Azadeh Azad at (714) 647-5667 or email [email protected].
CEREMONIAL STREET SIGN TOPPER
Application
Applicant’s Name: _______________________________________________________________ Applicant Contact Person: _______________________________________________________________ Applicant Street Address: _____________________________________________________________________________ Office Phone: ________________________________ Mobile Phone: ____________________________ Contact Email Address: _____________________________________________________________________________ Full Name of Honoree: _____________________________________________________________________________ (as it would appear on street sign)
Full Name of Street: _____________________________________________________________________________ (to be designated)
Full name of each intersecting street within the boundary where the designation begins and ends:
___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ EXHIBIT 2
APPLICATION
FOR CEREMONIAL STREET SIGN TOPPERS
City Council 34 – 11 7/19/2022
CEREMONIAL STREET SIGN TOPPER
Application
Please check all below. Include a brief explanation of each applicable criteria (if you require more space, please provide information as an attachment):
o Cultural Impact on the City: ________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ o Historical Impact on the City: ______________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ o Humanitarian Impact on the City: _________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ o Connection to/Association with the City: __________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________
PUBLIC WORKS AGENCY
For more information please contact Azadeh Azad at (714) 647-5667 or email [email protected].
City Council 34 – 12 7/19/2022
CEREMONIAL STREET SIGN TOPPER
Application
o Connection to Geographical Area of Designated Street:
___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ o Additional Supporting Documents & Attachments
Application Check List
Complete the application, together with the required items indicated below:
o Completed Application
o Application Fee
o Design of Sign Topper per City standards
o Petition and supporting documents
o Map showing boundary & portion
of street proposed for ceremonial
street naming
You will be contacted by phone or email when application has been forwarded to and assigned to a Public Works Agency staff member.
____________________________
Date:
__________________________________________________________________ Signature of Applicant:
RECEIVED BY: ___________________________________________________ DATE: _____________________ ---IMPORTANT---
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED AND WILL BE RETURNED TO THE APPLICANT.
Work may begin only AFTER the City has issued the Permit and appropriate fees are paid.
PUBLIC WORKS AGENCY
For more information please contact Azadeh Azad at (714) 647-5667 or email [email protected].
City Council 34 – 13 7/19/2022
Planning and Building Agency
www.santa-ana.org/departments/planning-and-building/
Item # 35
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Ordinance Amending Chapter 10 of the Santa Ana Municipal Code Requiring Posting of Property Maintenance Contact Information on Commercial and Industrial Properties
AGENDA TITLE:
Ordinance Amending Section 10-96 of Article I of Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code (SAMC) Requiring the Posting of Property Maintenance Contact Information on Commercial and Industrial Properties
RECOMMENDED ACTION
Approve the first reading and adopt amendments to Section 10-96 of Article I of Chapter 10 of the Santa Ana Municipal Code (SAMC) requiring commercial and industrial properties (Commercial Centers) to post property management contact information at various locations on each property.
DISCUSSION
On April 19, 2022, the City Council discussed and directed staff to prepare an ordinance requiring Commercial Centers to publicly post property management contact information at various locations on the property.
The proposed ordinance will institute standardized posting requirements for each Commercial Center to post and maintain onsite signage providing the name and 24-hour contact phone number for a responsible party to whom the City and the public can provide notice of any operational or maintenance-related problems associated with the premises.
It has been shown that regular maintenance and upkeep of Commercial Centers create a clean and inviting environment for the public, reduce public safety concerns, and prevent a decline in the overall appearance of Commercial Centers within the City. The proposed amendments will provide the public and users of commercial centers the ability to directly contact the responsible party for on-site upkeep, maintenance, and operational concerns.
City Council 35 – 1 7/19/2022
Ordinance Amending Chapter 10 of the Santa Ana Municipal Code Requiring Posting of Property Maintenance Contact Information on Commercial and Industrial Properties July 19, 2022
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action in that the ordinance will institute a code requirement for Commercial Centers to publicly provide 24-hour contact information and will not create a physical change to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Draft Ordinance
2. Draft Ordinance (Redline)
Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 35 – 2 7/19/2022
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF
THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS
AT COMMERCIAL CENTERS PROVIDING INFORMATION
ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
WHEREAS, throughout the City of Santa Ana, commercial centers display varying degrees of upkeep; and
WHEREAS, the disparate maintenance of commercial centers has led to a decline in the overall appearance of the City to the dismay of its residents and an increase in calls to Santa Ana Code Enforcement and the Santa Ana Police Department regarding the condition of commercial centers; and
WHEREAS, the City hopes to expedite the process of remedying ill-maintained commercial centers by furnishing the public with an avenue of direct communication with the property management regarding the condition of the property; and WHEREAS, the City now seeks to take robust action to preserve its beauty and code enforcement resources by requiring commercial centers to place signage at all ingresses and egresses indicating the name and phone number of a person responsible for fielding comments, complaints, and concerns from the public regarding the general upkeep and condition of the commercial center; and
WHEREAS, the City Council of the City of Santa Ana discussed this subject on April 19, 2022, and directed staff to prepare an ordinance to this effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Section 10-96 of Article I (In General) of Chapter 10 of the Santa Ana Municipal Code (Crimes and Miscellaneous Law Enforcement Provisions) is hereby amended to read in its entirety as follows:
Sec. 10-96. - Loitering, obstructing passage; signs; requirements for commercial centers.
(a) Public property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to hinder or obstruct the free passage of pedestrians or City Council 35 – 3 7/19/2022
Ordinance No. NS-XXX
vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.
(b) Private property open to the public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.
(c) Signs posted as provided in subsection (b) of this section shall conform to the following requirements:
(1) Each sign shall not be less than twenty-two (22) inches by thirty (30) inches; (2) Sign colors and materials shall contribute to the sign’s legibility, and sign materials shall be compatible with and complement the overall design of the private property;
(3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths (⅝) inches in height; (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign:
"WARNING"
"Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor."
"SAMC Section 10-96"
(d) Signage requirement for commercial centers. Every commercial center shall have signs posted at each entrance and exit on the property providing the name and 24-hour contact phone number of a representative of the property management company for the center, or if no property management company, then the name and 24-hour contact phone number of the property owner or the person responsible for the maintenance of the property, to whom the City and the members of the public can provide notice of any operational or maintenance-related problems associated with the premises.
Each commercial center owner shall make reasonable and good faith efforts to encourage the public to call this representative to resolve any operational or maintenance-related problems before any calls or complaints are made to the City or law enforcement regarding the same. It shall be unlawful for any responsible person, as defined in section 1-21.1(a) of this Code, or any other person having responsibility over the operation of a commercial center to fail to comply with the requirements of this subsection (d). (e) Commercial center, as used in this section, is a commercial or industrial complex containing a variety of one or more retail stores, restaurants, and other City Council 35 – 4 7/19/2022
Ordinance No. NS-XXX
businesses providing goods and/or services to the public, housed in a series of connected and/or adjacent buildings and structures within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more roadways. (f) Signs posted as provided in subsection (d) of this section shall conform to the following requirements:
(1) Each sign shall not be less than eighteen (18) inches × twenty-four (24) inches;(2) Sign colors and materials shall contribute to the sign’s legibility, and sign materials shall be compatible with and complement the overall design of the commercial center;(3) Signs shall be of a font that is legible from a distance of forty-five (45) feet; and(4)The following wording shall appear on each sign:
"This property is managed by (name). To report any problems or concerns regarding this property, call (name and 24-hour contact phone number.)”
“SAMC Section 10-96”
Section 3. 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.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after its adoption.
Section 6. 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 ___________, 2022.
_________________________
Vicente Sarmiento
Mayor
City Council 35 – 5 7/19/2022
Ordinance No. NS-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
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 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 35 – 6 7/19/2022
Ordinance No. NS-XXX
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF
THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS
AT COMMERCIAL CENTERS PROVIDING INFORMATION
ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
WHEREAS, throughout the City of Santa Ana, commercial centers display varying degrees of upkeep; and
WHEREAS, the disparate maintenance of commercial centers has led to a decline in the overall appearance of the City to the dismay of its residents and an increase in calls to Santa Ana Code Enforcement and the Santa Ana Police Department regarding the condition of commercial centers; and
WHEREAS, the City hopes to expedite the process of remedying ill-maintained commercial centers by furnishing the public with an avenue of direct communication with the property management regarding the condition of the property; and WHEREAS, the City now seeks to take robust action to preserve its beauty and code enforcement resources by requiring commercial centers to place signage at all ingresses and egresses indicating the name and phone number of a person responsible for fielding comments, complaints, and concerns from the public regarding the general upkeep and condition of the commercial center; and
WHEREAS, the City Council of the City of Santa Ana discussed this subject on April 19, 2022, and directed staff to prepare an ordinance to this effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Section 10-96 of Article I (In General) of Chapter 10 of the Santa Ana Municipal Code (Crimes and Miscellaneous Law Enforcement Provisions) is hereby amended to read in its entirety as follows:
Sec. 10-96. - Loitering, obstructing passage; signs; requirements for commercial centers.
(a) Public property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to hinder or obstruct the free passage of pedestrians or City Council 35 – 7 7/19/2022
Ordinance No. NS-XXX
vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.
(b) Private property open to the public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public.
(c) Signs posted as provided in this subsection (b) of this section shall conform to the following requirements:
(1) Each sign shall not be less than twenty-two (22) inches by thirty (30) inches; (2) Sign colors and materials shall contribute to the sign’s legibility, and sign materials shall be compatible with and complement the overall design of the private propertyColors of such signs shall be optional;
(3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five-eighths (⅝) inches in height; (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign:
"WARNING"
"Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor."
"SAMC Section 10-96"
(d) Signage requirement for commercial centers. Every commercial center shall have signs posted at each entrance and exit on the property providing the name and 24-hour contact phone number of a representative of the property management company for the center, or if no property management company, then the name and 24-hour contact phone number of the property owner or the person responsible for the maintenance of the property, to whom the City and the members of the public can provide notice of any operational or maintenance-related problems associated with the premises.
Each commercial center owner shall make reasonable and good faith efforts to encourage the public to call this representative to resolve any operational or maintenance-related problems before any calls or complaints are made to the City or law enforcement regarding the same. It shall be unlawful for any responsible person, as defined in section 1-21.1(a) of this Code, or any other person having responsibility over the operation of a commercial center to fail to comply with the requirements of this subsection (d).
City Council 35 – 8 7/19/2022
Ordinance No. NS-XXX
(e) Commercial center, as used in this section, is a commercial or industrial complex containing a variety of one or more retail stores, restaurants, and other businesses providing goods and/or services to the public, housed in a series of connected and/or adjacent buildings and structures within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more roadways. (f) Signs posted as provided in subsection (d) of this section shall conform to the following requirements:
(1) Each sign shall not be less than eighteen (18) inches × twenty-four (24) inches;
(2) Sign colors and materials shall contribute to the sign’s legibility, and sign materials shall be compatible with and complement the overall design of the commercial center;
(3) Signs shall be of a font that is legible from a distance of forty-five (45) feet; and
(4) The following wording shall appear on each sign:
"This property is managed by (name). To report any problems or concerns regarding this property, call (name and 24-hour contact phone number.)”
“SAMC Section 10-96”
Section 3. 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.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
City Council 35 – 9 7/19/2022
Ordinance No. NS-XXX
ADOPTED this _______ day of ___________, 2022.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Chief Assistant City Attorney
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 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 35 – 10 7/19/2022
City Manager Office
www.santa-ana.org/city-managers-office
Item # 36
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Proposed Voter Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter
AGENDA TITLE:
Discuss and Provide Direction Regarding One or More Proposed Voter Ballot Measures to Amend the City Charter as Recommended by the Charter Review Ad Hoc Committee
RECOMMENDED ACTION
Discuss and provide direction regarding one or more proposed voter ballot measures for the November 8, 2022 General Municipal Election to amend the City Charter, as recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the term of mayor or councilmember is to begin; consolidate term limit provisions into one section; expand the applicability of the code of Ethics and Conduct and prescribe a procedure to report allegations of violation; clarify when the City Council may be the judge of elections; clarify the process for the adoption of resolutions and ordinances; streamline the process for claims and payments; update Civil Service provisions to be consistent with state and applicable laws; update anti-discrimination provisions to be consistent with federal and applicable laws; require the City to adopt a nepotism policy; change the name of a City department; eliminate work stoppage provisions to be consistent with state and applicable laws; allow enforcement of campaign contribution and campaign committee provisions by a state or county entity; replace gender-specific pronouns with gender-inclusive pronouns; change the title of a City official; adjust the Mayor’s term from four two-year terms to two four-year terms; impose a lifetime ban relating to the term of Mayor and member of the City Council by removing the eight-year cooling-off provision; increase the salary of the Mayor and members of the City Council; and change the voting approval requirements to require a two-thirds vote of the City Council to adopt the City budget.
DISCUSSION
At the April 5, 2022 City Council meeting, staff presented 16 proposed Charter amendments for the November 8, 2022 General Municipal Election, as recommended by the Charter Review Ad Hoc Committee, to the City Council. The City Council concurred with the Charter Review Ad Hoc Committee’s recommendation and directed staff to prepare the necessary documents required to prepare voter ballot measures for these 16 proposed amendments. At this same meeting, members of the City Council introduced City Council 36 – 1 7/19/2022
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July 19, 2022
the following four topics: term limits for the Mayor and members of the City Council; a lifetime ban that would limit the Mayor and members of the City Council once they have reached their term limits; increasing the compensation of the Mayor and members of the City Council; and changing the voting requirement to approve the City budget.
On June 29, 2022, members of the Charter Review Ad Hoc Committee met to discuss in detail the following four topics: revising the term of Mayor from four two-year terms to two four-year terms, beginning in 2024; limiting the term of the Mayor and members of the City Council so that once they have reached their term limits they would no longer be eligible to serve (and removing the eight-year cooling off period), either (1) increasing the compensation of the Mayor and members of the City Council so that the Mayor’s salary would equal 66 percent the salary of a Superior Court judge of the State of California and the councilmembers’ salary would equal 66 percent of the Mayor’s salary or (2) providing for increases to their salaries according to the change in the Consumer Price Index for All Urban Consumers; and changing the voting requirement to approve the City budget from a majority of the City Council to a two-thirds vote of the City Council.
These proposed Charter amendments, as recommended by the Charter Review Ad Hoc Committee, are summarized below.
Summary of Proposed Charter Amendments
Section 400: Number, Selection and Term of Members
The current Charter states that the term of each councilmember, including the mayor, shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results. This amendment clarifies that term of each councilmember, including the mayor, shall begin at 6:00 p.m. on the first regularly scheduled City Council meeting or at a special City Council meeting following certification of election results.
Section 401.01: Term Limits (new section)
This amendment removes term limit provisions for the mayor and councilmember, from Sections 404 and 401, respectively, and restates those term limit provisions in their entirety into a new Section 401.01 of the Charter. The purpose of this amendment is to reorganize all provisions relating to term limits into one new section.
Section 401.05: Code of Ethics and Conduct (new section) The current Charter states that the City shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of the City. This amendment expands the applicability of the Code of Ethics and Conduct to include elected officials, the City Attorney, City Manager, Clerk of Council, Police Chief, and directors of all City departments. Furthermore, this amendment prescribes a process for documenting City Council 36 – 2 7/19/2022
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alleged violations of the Code of Ethics and Conduct in writing to the City Council, as well as a procedure for the City Council to review such alleged allegations.
Section 405: Mayor Pro Tem
The current Charter provides that at the first City Council meeting following any general or special election when councilmembers, including the mayor, are elected, the City Council shall elect a mayor pro tem. This amendment clarifies that the election of the mayor pro tem shall occur each calendar year at the first City Council meeting in January.
Furthermore, this amendment clarifies that the mayor pro tem from the previous year cannot be elected as mayor pro tem for the following year, and that the mayor pro tem may be replaced by the affirmative votes of four members of the City Council.
Section 406: Council Judge of Elections and Qualifications of Members This section declares that the City Council shall be the judge of the election and of the qualifications of its member(s) as defined in Section 401, and shall meet on the first regularly scheduled City Council meeting following certification of election results to declare such election results and install members. This amendment provides that the City Council may also meet at a special City Council meeting to do the same.
Section 413: Adoption (Ordinances)
The current Charter provides a procedure for the adoption of ordinances. This amendments adds resolutions as part of this procedure, as well as clarifies the following:
that ordinances may not be amended after the first reading, and that if an ordinance is amended after the first reading, that it must be re-introduced to be consistent with state law; that a resolution or ordinance must be signed as soon as possible, but no later than 72 hours following its adoption; and that if the mayor does not sign a resolution or ordinance, that the mayor pro tem or any councilmember who voted to approve such ordinance or resolution may sign instead.
Section 613: Claims— Formalities; Treasury Warrants
The process for claims as prescribed in the Charter is outdated. This amendment revises this process to streamline the claims and payment process.
Section 1000: Civil Service System
This amendment revises the equal opportunity provisions to clarify that civil service rules and regulations shall provide for such matters as the City Council and Personnel Board may deem necessary, and clarifies that these matters shall be determined with concurrence of the City Council.
Section 1002: Civil Service and Excepted Service
This amendment provides administrative clean-up revisions to ensure compliance with CalPERS rules and other applicable laws and regulations.
City Council 36 – 3 7/19/2022
Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter
July 19, 2022
Section 1010: Prohibitions
This amendments updates the Charter’s anti-discrimination provisions, as well as requires that the City Council adopt an anti-nepotism policy.
Section 1011: Contract for Performance of Administrative Functions In 2018, the City Council adopted a resolution changing the name of the Personnel Services Agency to the Human Resources department. To be consistent with these organizational changes, this amendment replaces the word “personnel” to “human resources”.
Section 1014: Work Stoppages
Removes this section in its entirety to be consistent with state law and other applicable laws and regulations.
Section 1208: Enforcement
Section 1206 prescribes rules relating to campaign contribution limits for candidates for mayor or councilmember. Section 1207 prescribes rules relating to campaign committees and bank accounts. Section 1208 provides enforcement provisions relating to Sections 1206 and 1207. This amendment allows that the City to contract with a state or county entity to enforce such provisions.
Section 1400: Employees’ Retirement System
This amendment revises the in-text references to Section 1002 to be consistent with the proposed revisions in Section 1002 relating to Civil Service.
Gender Pronouns (various sections)
Throughout the current Charter, references to City officials use gender-specific pronouns such as he/his/him or his or her. This amendment replaces gender-specific pronouns with they/them to be more inclusive. This change aligns with the contemporary use of pronouns relating to gender.
Clerk of the Council Title (various sections)
The Clerk of the Council intends to replace the title "clerk of the council" with "city clerk" to modernize and better identify this position.
Section 401: City Council Compensation
The Charter currently provides that the salaries of the Mayor and members of the City Council shall be established by the city council compensation formula provided for by California Government Code Section 36516. This compensation formula established the compensation of the Mayor and members of the City Council according to the population City Council 36 – 4 7/19/2022
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July 19, 2022
size of the City. Currently, the salary of the Mayor and members of the City Council is $1,000 monthly. Additionally, the Charter provides that no increase in compensation for the Mayor and members of the City Council shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter amendment.
At the June 29, 2022 Charter Review Ad Hoc Committee meeting, the members discussed two options relating to amending this section to increase the compensation of the Mayor and members of the City Council as follows: (1) increasing the compensation of the Mayor and members of the City Council so that the Mayor’s salary would equal 66 percent the salary of a Superior Court judge of the State of California and the councilmembers’ salary would equal 66 percent of the Mayor’s salary; or (2) providing for increases that are commensurate with the Consumer Price Index for All Urban Consumers (“CPI-U”) for the Los Angeles, Riverside, Orange County, CA area.
According to the California State Controller’s website, a Superior Court Judge’s maximum base salary is $214,601. Sixty-six percent of this amount is $141,636.66, and 66 percent of that amount is 93,480.20.
The Consumer Price Index is a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services. CPI will vary, depending upon the time period that is being reviewed.
Section 607: Budget Adoption
This amendment would change the voting requirement to approve the City budget from a majority of the City Council to a two-thirds vote of the City Council. This change would be consistent Section 609 relating to the two-thirds voting requirement to appropriate City funds.
Sections 400, 401, 404, or Proposed New Section 401.01) The Charter Review Ad Hoc Committee directed staff to prepare a proposed Charter amendment to do the following: (1) adjust the Mayor’s term from four two-year terms to two four-year terms (section 404); (2) impose a “lifetime ban” by removing the eight-year cooling-off provision (sections 401 and 404); and (3) tying the beginning of the term of Mayor to 2024 to coincide with the presidential election (section 404).
The full text of each of the Charter amendments is attached to this staff report as Exhibit
1. Next Steps
At this time, staff is seeking direction from the City Council to identify which, if any, proposed Charter amendments to move forward for the November 8, 2022 General Municipal Election. Each proposed Charter amendment would need to be prepared as a City Council 36 – 5 7/19/2022
Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter
July 19, 2022
single voter ballot measure. The Clerk of the Council estimates that each voter ballot measure costs $100,000.
At the direction of the City Council, staff will return to the City Council at the August 2, 2022 City Council meeting with a resolution calling for the placement on the November 8, 2022 General Municipal Election ballot of one or more measures to amend the City Charter, along with the necessary items to request that the County of Orange Board of Supervisors consolidate the City’s General Municipal Election with the Statewide General Election, authorize the filing of arguments and rebuttals (and designating up to five councilmembers to author an Argument or Rebuttal statement), direct the City Attorney to prepare an Impartial Analysis, and direct the Clerk of the Council to publish legal notices as required by law. Included in this staff report is a sample resolution that would be presented to the City Council on August 2, 2022 (Exhibit 2).
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. Draft Charter Amendments
2. Draft Resolution (for discussion only)
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 36 – 6 7/19/2022
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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.
City Council 36 – 7 7/19/2022
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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.
City Council 36 – 8 7/19/2022
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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.
City Council 36 – 9 7/19/2022
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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.
City Council 36 – 10 7/19/2022
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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.
City Council 36 – 11 7/19/2022
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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.
City Council 36 – 12 7/19/2022
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.
City Council 36 – 13 7/19/2022
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
City Council 36 – 14 7/19/2022
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.
City Council 36 – 15 7/19/2022
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.
City Council 36 – 16 7/19/2022
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.
City Council 36 – 17 7/19/2022
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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 36 – 18 7/19/2022
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 36 – 19 7/19/2022
Draft Charter Amendments (2022)
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. Beginning with the term for the mayor elected in the general municipal election in November 2024, the mayor shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until 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.
Sec. 401. Qualifications of members.
To be eligible to be elected to the office of councilmember, a person must be a qualified voter 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 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. 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.
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.
City Council 36 – 20 7/19/2022
Draft Charter Amendments (2022)
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.
Sec. 401.01.- Term limits. (NEW SECTION)
A. Councilmembers
A person shall only serve three (3) terms of four (4) years each in the office of councilmember (regardless of wards represented by that person during such period and regardless of whether service is consecutive or nonconsecutive). This term limit of a total of twelve years of service shall be deemed to apply to anyone elected in or after the 2012 general municipal election.
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.. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law.
B. Mayor
A person shall only serve two (2) terms of four (4) years each (regardless of whether service is consecutive or nonconsecutive), commencing with the term entered as a result of the November 2024 election, in the office of mayor.
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Draft Charter Amendments (2022)
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.
C. Application of prior “cooling off period”
Anyone who previously termed out of office and was subject to the former “cooling off period” shall be deemed ineligible to seek election as a councilmember or mayor.
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. Beginning with the general municipal election in November 2024, 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 four-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 City Council 36 – 22 7/19/2022
Draft Charter Amendments (2022)
is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.
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.
Sec. 607. Same—Further consideration and adoption.
After the conclusion of the public hearing, the City Council may further consider the proposed budget and make any revisions thereof that it may deem advisable. On or before the thirty-first (31st) day of July the City Council shall adopt the budget with revisions, if any, by the affirmative votes of at least twothirds a majority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Between the first (1st) day of July and any subsequent date on which the budget, is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls established in other sections of this charter, amounts of money equal to the expenditures of each such office, department or division during the preceding June.
The budget adopted by the City Council shall provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year.
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Draft Charter Amendments (2022)
A copy of the adopted budget, certified to by the Clerk of the Council, shall be filed with the director of finance and a further copy shall be placed, and shall remain on file, in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations.
City Council 36 – 24 7/19/2022
Created: 2022‐06‐10 16:17:21 [EST]
(Supp. No. 27, Update 2)
Sec. 402. Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 202216.
Salary increases for the City Council and the Mayor may be reviewed annually and increases shall be considered commensurate with the Consumer Price Index for All Urban Consumers (CPI‐U) for the Los Angeles‐ Riverside‐Orange County, CA area. Any increase to the salaries of the City Council and the Mayor shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase.
No increase in the monthly salary in excess of CPI shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council.
In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees.
Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary.
Any member of the Council may waive any or all of the compensation permitted by this section.
Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes.
City Council 36 – 25 7/19/2022
Sec. 402. Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2016. No increase in the monthly salary shall occur without first being approved by the voters pursuant to a Charter amendment.
The Mayor shall receive, for services, an annual salary equivalent to 66 percent of the salary of a Judge of the Superior Court of the State of California.
Each member of the City Council, excluding the Mayor, shall receive, for their services, an annual salary equivalent to 66 percent of the salary of the Mayor.
Any increase to the salaries of the City Council and the Mayor may be reviewed annually and shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase.
Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council.
In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees.
Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary.
Any member of the Council may waive any or all of the compensation permitted by this section.
Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes.
City Council 36 – 26 7/19/2022
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 8, 2022 FOR THE SUBMISSION OF A BALLOT
MEASURE TO THE QUALIFIED VOTERS FOR CHARTER
AMENDMENTS AND PROVIDING FOR THE FILING OF
ARGUMENT AND REBUTTAL STATEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. By Resolution No. 2022-044, the City Council has declared that a General Municipal Election shall be held on November 8, 2022 for the election of municipal officers.
Section 2. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City of Santa Ana desires, on its own motion, to submit to the voters a question of whether amendments to the City Charter shall be submitted to the voters at the General Municipal Election to be held on Tuesday, November 8, 2022.
Section 3. The ballot question for the proposed Charter amendments shall be as follows, with identification as determined in accordance with the California Elections Code:
MEASURE #___
Add ballot measure question here
Yes
No
Informational Item: For Discussion Purposes Only
City Council 36 – 27 7/19/2022
MEASURE #___
Add ballot measure question here
Yes
No
Section 3. Should said measure(s) be approved by the requisite vote of a majority of the qualified voters, the Charter amendments set forth in the attached Exhibit “A’ would be adopted.
Section 5. That pursuant to Elections Code Section 9280, the City Council hereby directs the Clerk of Council to transmit a copy of the Ballot Measure to the City Attorney to prepare an impartial analysis of the Ballot Measure which shall not exceed 500 words in length.
Section 6. That pursuant to Elections Code Section 9282, the City Council, or a member or members of the City Council authorized by the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens or combination of voters and associations, may file a written argument for or against the Ballot Measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code.
An argument shall not exceed 300 words in length.
Section 7. That pursuant to Elections Code Section 9287, if more than one argument for or more than one argument against the Ballot Measure is submitted to the Clerk of Council within the time prescribed by law, he or she shall select one of the arguments in favor and one of the arguments against the Ballot Measure for printing and distribution to the voters, giving preference in such selection in the following order:
1. The City Council, or a member or members of the City Council authorized by the City Council.
2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
3. Bona fide association of citizens.
4. Individual voters who are eligible to vote on the measure.
Section 8. That pursuant to Elections Code Sections 9220 and 9285, when the Clerk of Council has selected the arguments for and against the Ballot Measure which City Council 36 – 28 7/19/2022
will be printed and distributed to the voters, the Clerk of Council shall send copies of the argument in favor of the Ballot Measure to the author or authors of the argument against, and copies of the argument against the Ballot Measure to the author or authors of the argument in favor. The author or authors may submit a rebuttal argument to the direct argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument, which it seeks to rebut. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed, and this Section shall only apply to the election on the Ballot Measure to be held on November 8, 2022.
Section 9. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
Section 10. Pursuant to California Elections Code section 9295, this Resolution and the attached Ballot Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election.
Section 11. This Resolution shall take effect immediately upon its adoption by a majority of the City Council.
Section 12. The Clerk of Council of the City of Santa Ana is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Board of Supervisors of Orange County and the Registrar of Voters of Orange County at least eighty-eight (88) days before the date of the election.
ADOPTED this ____ day of _____, 2022:
Vicente Sarmiento
Mayor
City Council 36 – 29 7/19/2022
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
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 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 36 – 30 7/19/2022
Planning and Building Agency
www.santa-ana.org/departments/planning-and-building/
Item # 37
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
Topic: General Plan Amendment No. 2021-01 - 6th Cycle Housing Element Update
AGENDA TITLE
Public Hearing – General Plan Amendment No. 2021-01 to Update the General Plan Housing Element for the 6th Cycle (2021-2029) Planning Period. The Proposed Amendment Includes Analysis of Barriers to Fair Housing and Proposed Programs and services to Comply with State Mandates
RECOMMENDED ACTION
1. Adopt a resolution approving an addendum to the Program Environmental Impact Report for the General Plan Update (State Clearinghouse No. 2020029087); and
2. Adopt a resolution approving General Plan Amendment (GPA) No. 2021-01 for the 6th Cycle Housing Element Update subject to conforming edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates.
PLANNING COMMISSION ACTION
At a special meeting on December 20, 2021, and after receiving public testimony on the item, the Planning Commission voted 5-0 to recommend that the City Council adopt an addendum to the Negative Declaration for the 5th Cycle Housing Element (SCH #2013111008); and adopt a resolution approving General Plan Amendment No. 2021-01 for the 6th Cycle Housing Element Update with the following edits to be included in the revised Housing Element: 1) Seek inclusion of a skilled labor provision as part of the update of the Affordable Housing Opportunity and Creation Ordinance (AHOCO); 2) Explore adoption of a right of first refusal ordinance; 3) Explore creation of worker led cooperatives related to childcare providers; and 4) Facilitate coordination between organizations and service providers that receive ESG funding with local businesses and organizations. The recommended edits proposed by the Planning Commission have been addressed in their entirety within the latest draft of the 6th Cycle Housing Element.
Additionally, environmental documents required by the California Environmental Quality Act (CEQA) have been updated since the adoption of the General Plan Update in April of 2022.
DISCUSSION
The State of California Government Code Section 65302(c) mandates that each city include a housing element in their general plan. The Housing Element is required to identify and analyze existing and projected housing needs, and include statements of the City Council 37 – 1 7/19/2022 General Plan Amendment No. 2021-01
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City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for all income levels over an eight (8) year planning period. This update of the Housing Element will cover the 6th planning cycle, which spans the 2021-2029 period (October 15, 2021 - October 15, 2029). Furthermore, the Housing Element differs from other General Plan elements in two aspects: the Housing Element must be updated every eight years and must be reviewed and certified by the California Department of Housing and Community Development (HCD) to ensure compliance with State requirements. Additionally, a non-compliant housing element could result in the loss of eligibility for grant funds and State funding sources, penalties, and reduced local zoning control.
The Housing Element plays a unique role in charting the course for fair and equitable housing and quality of life in Santa Ana for existing and future generations. This Housing Element Update sets priorities for advancing housing stability and anti-displacement policies, including the City’s recently adopted Rent Stabilization Ordinance and Just Cause Eviction Ordinance, and revisions to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), formally known as the Housing Opportunity Ordinance, to better align the production of affordable housing and private investment to foster greater livability, sustainability, and resilience in housing policies.
At its core, the purpose of a housing element is to provide an analysis of a community’s housing needs for all income levels and household types, and identify strategies to respond to and provide for those housing needs. Since 1969, housing elements have been considered mandatory components of local general plans in California because providing housing for all Californians is considered by the State legislature to be a matter of vital statewide importance. In addition, the Housing Element is a key part of the City’s General Plan and provides critical guidance to all housing-related decisions undertaken by the City. The Housing Element Update embodies the existing goals and policies of other General Plan elements and identifies the more detailed strategies the City will implement to achieve them with regards to housing. The update also ensures that housing goals, objectives, and policies are integrated and consistent with all the other elements of the General Plan.
Pursuant to State law, the housing element must include the following key components:
An analysis of existing and projected housing needs
An analysis of potential constraints on housing
An analysis of assisted housing developments that are “at-risk” and eligible to change from low-income housing uses
An inventory of sites suitable for housing development An analysis of the plan’s conformance with affirmatively furthering fair housing (AFFH) requirements
An analysis of any special housing needs
An evaluation of the previous housing element
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Goals, objectives, policies, and implementation programs The proposed Housing Element updates the prior 2013-2021 element to better reflect the City’s demographics, housing conditions, local needs, and community priorities. The updated Housing Element covers all of the State mandated components and includes an introduction, policy framework, housing plan, and six appendices. The appendices provide detailed information to address housing needs, housing constraints, housing resources, program evaluation, assessment of fair housing, and public outreach.
Relationship of the Housing Element to the General Plan The Housing Element is one of twelve elements of the City’s General Plan, a document that provides the long-range vision and guidance for future development in Santa Ana.
City Council adopted a comprehensive General Plan update, Golden City Beyond, in April 2022. For the General Plan to provide effective guidance on land use issues, the goals, policies, and programs of each element must be internally consistent with other elements.
The Housing Element builds upon the adopted General Plan and is consistent with its goals and policies. Additionally, the 6th Cycle Housing Element will not require a rezone program or any other amendments to the General Plan to ensure consistency across planning documents.
Regional Housing Needs Assessment (RHNA)
The Southern California Association of Governments (SCAG), in consultation with HCD, is required to determine the existing and projected housing needs for the SCAG region pursuant to Government Code Section 65584, et seq. by way of preparing a RHNA. For the 6th planning cycle, HCD allocated 1,344,740 units to the Southern California region.
SCAG then developed methodology to distribute the regional determination to each member jurisdiction in Southern California. The City of Santa Ana has a total RHNA of 3,137 housing units for the 2021–2029 planning period, as detailed in the following table.
Table 1: City of Santa Ana Regional Housing Needs Assessment (RHNA) Income Group
SCAG RHNA
Units
Transfer RHNA
Units **
Total RHNA
Units
Very Low (0-50% AMI*) 586 20 606
Low (51-80% AMI) 362 0 362
Moderate (81-120% AMI) 523 22 545
Above Moderate (120%+ AMI) 1,624 0 1,624
TOTAL 3,095 42 3,137
*AMI means: Area Median Income;
**Transfer of RHNA from County of Orange as a result of joint development of Crossroads at Washington project.
The Housing Element is required to include an analysis of potential housing sites in the City to accommodate the development of new housing units to meet the RHNA target.
However, housing projects that have been approved, permitted, or received a certificate of occupancy after June 30, 2021 (pipeline) may be counted towards the 6th planning cycle. In total, there are presently 6,914 pipeline housing units. Of those, 443 housing City Council 37 – 3 7/19/2022
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units are planned for very low-income households, 701 for low-income households, and 6 for moderate-income households as shown in the table below.
Table 2: Pipeline Housing Projects and ADU Projections
Projects
Very
Low Low Mod.
Above
Mod. Total
Pipeline Housing Projects* 443 701 6 5,764 6,914
Accessory Dwelling Unit Projections** 181 311 217 14 723 TOTAL 624 1,012 223 5,778 7,637
*A full list of projects and a breakdown of affordability can be found on Table C-2 in Appendix C of the draft Housing Element;
**Accessory dwelling unit (ADU) affordability based on SCAG study of rental rates for ADUs in the region.
In addition, accessory dwelling units (ADUs) will play a more substantial role during this planning cycle in producing affordable housing units due to increased public awareness and recent changes in State law that have provided a mechanism to achieve a greater supply of these types of housing units. Santa Ana’s five-year average for building permits issued for ADUs is over 90 units (2018-2022—when extrapolating for full year totals for 2022). When the average is carried over an eight-year period for the planning cycle, there is potential for 723 ADUs to be permitted, with most categorized as affordable units (see Table 2). The ADU affordability estimate is based on the SCAG study that found that of ADUs constructed in Orange County, 25 percent were affordable to very low-income households, 43 percent to low-income households, and 30 percent to moderate-income households. Taken together, the RHNA credit for ADUs during the planning period will result in affordability levels as follows: 181 very low-income units, 311 low-income units, 217 moderate-income units, and 14 above moderate-income units. Given the legislation encouraging ADU development, and increased efforts by the City (pre-approved ADU plan program slated to commence in 2022 and exploration of an ADU amnesty program included in the proposed Housing Plan), interest and applications for ADUs are expected to only increase throughout the 2021‐2029 planning cycle.
Furthermore, a survey of rental rates of approximately 1,500 recently built multi-family units in Santa Ana reveal that units in the moderate-income affordability category are being produced without the need of a subsidy or restrictive covenant. Rather, market factors alone are creating housing units in the moderate-income category. Based on the survey results, approximately four percent of the units surveyed fall into this category. By applying that four percent ratio to the total above moderate-income pipeline units, as shown on Table 2 (5,764), it can be expected that approximately 231 of those units will be rented in the moderate-income affordability category.
Collectively, the projected ADUs and the pipeline housing units will produce the City’s fair share of the regional housing needs in all categories except the moderate-income level, which 91 units would need to be accommodated within the 6th cycle planning period.
However, due to a surplus of 650 low-income units, which provide housing at a deeper affordability level than that required by the RHNA, a percentage of the total surplus lowCity Council 37 – 4 7/19/2022 General Plan Amendment No. 2021-01
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income housing units will be credited toward the remaining 91 units in the moderateincome classification.
Table 3: Achieving the City of Santa Ana RHNA Target (2021-2029) Income Group Total RHNA
Housing
Development
Credits*
Remaining
RHNA Units
Very Low (0-50% AMI) 606 624 -18
Low (51-80% AMI) 362 1,012 -650
Moderate (81-120% AMI) 545 454 91
Above-Moderate (120%+ AMI) 1,624 5,547 -3,923
TOTAL 3,137 7,637 -4,500
*Housing development credits include Pipeline and ADU projections, and the reclassification of 231 AboveModerate to Moderate units based on the survey results.
Affirmatively Furthering Fair Housing (AFFH)
Pursuant to Assembly Bill 686 (2018), the Housing Element must include an analysis and determination of consistency with Affirmatively Furthering Fair Housing (AFFH) requirements. AFFH is defined as “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” To assess current disparities, the Housing Element includes a detailed Assessment of Fair Housing. A key part of the Housing Element Update is to expand housing opportunities in higher resource (referred to as “Higher Opportunity”) areas of the city or in close proximity to these areas, which offer the best critical life outcomes with a high concentration of good schools, jobs, health and life expectancy. These assessment areas are mapped in Appendix E of the draft element. Actions to affect meaningful and positive changes in this regard are included in the proposed Housing Plan and are expected to achieve a positive change that affirmatively further fair housing.
Community Engagement
The California Government Code Section 65583(c)(6) requires that a diligent effort be made to achieve public participation from all groups in the development of the housing element. In addition, SB 1000 requires that local governments provide environmental justice (EJ) communities with a meaningful opportunity to engage in government decisions that affect them.
As part of the Housing Element Update, the City developed a public outreach program that was designed with several overarching goals in mind, including facilitating equal opportunity and access, and allowing a broad range of discussion. To that end, the City held four virtual Housing Element Roundtable meetings with a variety of stakeholder groups, three citywide workshops (two in-person and one virtual), and 11 environmental justice focused workshops (10 virtual and one in-person). During the environmental justice focused workshops, community members provided feedback and spoke of their lived experiences, including issues such as housing burden, poverty, linguistic isolation, and lead risk from housing; which directly correlate to the goals and policies in the City Council 37 – 5 7/19/2022
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Housing Element. In addition, two Planning Commission Workshops were held on September 27, 2021 and October 11, 2021, where members of the public were encouraged to attend and participate. Further, a multilingual online housing survey was promoted to provide opportunities and access for residents, businesses, stakeholders, advocates, civic leaders, and other parties that were not able to attend a workshop to participate in the process. Multilingual advertising was used to promote all of the events, and translation services were provided at all of the virtual and in-person community workshops. Meetings were held at different times of the day and week, and the facilities were accessible to people of all abilities to maximize participation. Based on the comments and dialogue gathered through the community engagement and new legislative requirements, the existing Housing Element analysis, policies and programs were refined.
Airport Land Use Commission Review
The proposed amendment to the General Plan Housing Element was required to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with their Airport Environs Land Use Plan (AELUP). City staff submitted the draft Housing Element to ALUC on October 25, 2021. Subsequently, on October 28, 2021, ALUC staff determined that no new housing sites were identified within the Notification Area for John Wayne Airport, so referral of the Housing Element Update to ALUC for formal review was not required.
HCD Review
An important difference between the Housing Element and other elements of the General Plan is the extent of State oversight. The State legislature has declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to HCD to review city housing elements and issue opinions regarding their compliance with State law. A finding of housing element compliance by HCD is referred to as “certification” of the housing element. Certification is important to enhance cities’ eligibility for grant funds and to support local land use authority.
The City of Santa Ana submitted its administrative Housing Element draft to HCD on October 21, 2021 for a required 60-day review period, and subsequently submitted a revised draft on February 24, 2022 for another 60-day review period. HCD provided the City comments on April 25, 2022. City staff has been working closely with HCD’s staff assigned to review Santa Ana’s draft Housing Element to ensure changes incorporated into the latest draft addressed their comments to achieve compliance with all statutory requirements.
Upon adoption of the Housing Element, the document will be formally submitted to HCD for review and certification. Such review may result in the need for technical changes and other non-substantive edits to the 2021-2029 Housing Element that do not impact the goals, policies, implementation measures and draft element being recommended for adoption by the City Council.
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ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), an addendum to the Program Environmental Impact Report (PEIR) for the General Plan Update certified April 2022 has been prepared for the General Plan Amendment for the 6th Cycle Housing Element Update.
Under CEQA Guidelines Section 15164, an addendum to a previously certified EIR shall be prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. An addendum evaluates the requested modifications and determines whether subsequent review is required. Moreover, pursuant to CEQA Guidelines Section 15162, a subsequent or supplemental EIR is not required unless the lead agency determines that one or more of the following conditions are met:
1) Substantial project changes are proposed that will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes would occur with respect to the circumstances under which the project is undertaken that require major revisions to the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the negative declaration was adopted shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
B. Significant effects previously examined will be substantially more severe than identified in the previous EIR.
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.
City staff evaluated the proposed changes and concluded that they would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects that were previously disclosed in the PEIR for the General Plan Update.
In addition, the City concluded there is no new information of substantial importance showing that the General Plan Amendment for the 6th Cycle Housing Element will have City Council 37 – 7 7/19/2022
General Plan Amendment No. 2021-01
July 19, 2022
significant effects not previously identified; that previously examined significant effects will be more severe; or that mitigation measures previously found infeasible are now feasible. As such, no subsequent EIR or mitigated negative declaration is required.
In accordance with State CEQA Guidelines, an addendum to the previously certified PEIR (State Clearinghouse [SCH] No. 2020029087) for the General Plan Update will be filed upon adoption of this General Plan Amendment (Environmental Review No. 2021-117).
CONCLUSION
The proposed General Plan Housing Element will guide housing programs and services for the next eight years. The new goals, policies and implementation programs within the Housing Element build on the strength of the existing element, with refinements based on the collective input from the community and new State housing law requirements. Further, it is recommended the City Council authorize the Director of the Planning and Building Agency to make all necessary non-substantive and technical revisions and edits to the 2021-2029 Housing Element after adoption to comply with HCD’s review for final certification of the Housing Element, without further Planning Commission or City Council consideration or re-adoption of the 2021-2029 Housing Element. Based on the analysis above, it is recommended that the City Council adopt a resolution approving an addendum to the PEIR for the GPU (SCH No. 2020029087); and a resolution approving General Plan Amendment No. 2021-01 for the 6th Cycle Housing Element Update subject to nonsubstantive and technical revisions and edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates.
FISCAL IMPACT
The Housing Element Update was funded through the Local Early Action Planning Grant Program (LEAP). The City was awarded $750,000, of which $250,000 was allocated toward the Housing Element Update. Funds allocated to the Housing Element Update not exhausted will be allocated toward the Zoning Code Update. There is no fiscal impact associated with approval of this action.
EXHIBITS
1. General Plan Amendment No. 2021-01 Resolution
2. General Plan Housing Element Link
3. General Plan Housing Element CEQA Addendum Link
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 37 – 8 7/19/2022
Resolution No. 2022-XXX
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SANTA ANA GENERAL PLAN
AMENDMENT FOR THE 6TH CYCLE HOUSING ELEMENT
UPDATE (GPA NO. 2021-01) AND ADOPTING AN ADDENDUM
TO THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR
THE GENERAL PLAN UPDATE (SCH #2020029087)
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. California Government Code Section 65302(c) mandates that each city include a housing element in its general plan. The housing element sets forth goals, policies, and programs that address the future housing needs for all income levels.
B. In 2022, the City Council of the City of Santa Ana approved the General Plan Update and adopted a Program Environmental Impact Report (SCH #2020029087) pursuant to the California Environmental Quality Act (“CEQA”).
C. Given the priority to address California’s critical housing needs, the Housing Element is required to be updated every eight (8) years.
D. The 6th Cycle Housing Element Update sets forth the housing policies for the City, facilitates the preservation and development of housing, and establishes programs to accommodate the City’s share of the regional housing need.
E. Pursuant to state law, the Housing Element must include the following provisions:
a. An analysis of existing and projected housing needs
b. An analysis of potential constraints on housing
c. An analysis of assisted housing developments that are “at-risk” and eligible to change from low-income housing uses
d. An inventory of sites suitable for housing development e. An analysis of the plan’s conformance with affirmatively furthering fair housing (AFFH) requirements
City Council 37 – 9 7/19/2022
Resolution No. 2022-XXX
f. An analysis of any special housing needs
g. An evaluation of the previous Housing Element
h. Goals, objectives, policies, and implementation programs F. The General Plan Amendment for the 6th Cycle Housing Element Update was initially circulated for public review on October 11, 2021, and submitted to the California Department of Housing and Community Development (HCD) on October 21, 2021, for its required review. The City subsequently submitted a revised element to HCD on February 24, 2022, for its required review. City staff worked closely with HCD staff assigned to review Santa Ana’s draft Housing Element to address comments and revise the element to ensure compliance with state housing law.
G. Pursuant to CEQA, City staff evaluated the proposed changes in the General Plan Amendment for the 6th Cycle Housing Element Update in light of the standards for subsequent environmental review outlined in State CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects that were previously disclosed in the Program Environmental Impact Report. In addition, the City concluded there is no new information of substantial importance showing that the General Plan Amendment for the 6th Cycle Housing Element will have significant effects not previously identified; that previously examined significant effects will be more severe; or that mitigation measures previously found infeasible are now feasible. As such, no subsequent EIR or mitigated negative declaration is required. Nonetheless, the proposed changes would necessitate minor technical changes or additions to the Program Environmental Impact Report, and thus the City has prepared an Addendum to the Program Environmental Impact Report pursuant to State CEQA Guidelines section 15164.
H. On December 20, 2021, the Planning Commission held a duly-noticed public hearing and considered the CEQA document, staff report, recommendations by staff, and public testimony concerning GPA No. 2021-
01. The Planning Commission voted to recommend that the City Council adopt a resolution approving GPA No. 2021-01.
I. On July 19, 2022, the City Council held a duly-noticed public hearing and considered the Program Environmental Impact Report, Addendum, staff report, recommendations by staff, and public testimony concerning GPA No. 2021-01.
City Council 37 – 10 7/19/2022
Resolution No. 2022-XXX
J. All statements and findings contained in the 6th Cycle Housing Element Update are incorporated herein by this reference as though fully set forth.
Section 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR or approved negative declaration if some changes or additions to the project are necessary but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the General Plan Update Program Environmental Impact Report and the Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the General Plan 6th Cycle Housing Element Update. The City Council further finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City’s independent judgment.
Section 3. Based on the substantial evidence set forth in the record, including but not limited to the General Plan Update Program Environmental Impact Report and the Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the General Plan 6th Cycle Housing Element Update, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because:
(a) The General Plan 6th Cycle Housing Element Update does not constitute a substantial change that would require major revisions of the General Plan Update Program Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the General Plan 6th Cycle Housing Element Update will be developed that would require major revisions of the General Plan Update Program Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects.
(c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the General Plan Update Program Environmental Impact Report was adopted, showing any of the following:
(i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than City Council 37 – 11 7/19/2022
Resolution No. 2022-XXX
shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.
Section 4. The City Council hereby approves and adopts the Addendum, attached hereto as a link in Exhibit A.
Section 5. The City Council hereby approves and adopts General Plan Amendment No. 2021-01. The 6th Cycle Housing Element Update is attached hereto as a link in Exhibit B and incorporated herein by reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to the Request for City Council Action dated July 19, 2022, and exhibits attached hereto; and the public testimony, all which are incorporated herein by reference.
Section 6. The City Council hereby authorizes the Director of the Planning and Building Agency, or his or her designee, to approve ministerial revisions, or conforming edits, in the 6th Cycle Housing Element, such as spelling, formatting, punctuation, or revisions of such nature, which are non-legislative and that result from HCD’s review for final certification of the Housing Element, without further Planning Commission or City Council consideration or re-adoption of the 6th Cycle Housing Element Update.
Section 7. 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.
Section 8. The adopted General Plan Update Program Environmental Impact Report and the Addendum are on file and available for public review at the City’s Housing Element website and City Main Library at 20 Civic Center Plaza. The City Clerk is the custodian of these documents.
Section 9. City staff is directed to prepare and file a Notice of Determination within five working days of the adoption of this Resolution.
ADOPTED this _____ day of ____________, 2022.
________________________________
Vicente Sarmiento
Mayor
City Council 37 – 12 7/19/2022
Resolution No. 2022-XXX
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.
Date: ______________________ ________________________________ Clerk of the Council
City of Santa Ana
City Council 37 – 13 7/19/2022
EXHIBIT A
All materials for Exhibit A, the General Plan Program Environmental Impact Report (PEIR) Addendum, may be accessed at: https://www.santa-ana.org/general-planhousing-element-update/ and are also on file and available at the City’s Planning and Building Agency.
City Council 37 – 14 7/19/2022
EXHIBIT B
All materials for Exhibit B, the Draft General Plan Housing Element Update, may be accessed at: https://www.santa-ana.org/general-plan-housing-element-update/ and are also on file and available at the City’s Planning and Building Agency.
City Council 37 – 15 7/19/2022
EXHIBIT 2
All materials for Exhibit 2, the Draft General Plan Housing Element Update, may be accessed at: https://www.santa-ana.org/general-plan/housing-element-update-2021 and are also on file and available at the City’s Planning and Building Agency.
City Council 37 – 16 7/19/2022
EXHIBIT 3
All materials for Exhibit 3, the General Plan Program Environmental Impact Report (PEIR) Addendum, may be accessed at: https://www.santa-ana.org/general-planhousing-element-update/ and are also on file and available at the City’s Planning and Building Agency.
City Council 37 – 17 7/19/2022
Community Development Agency
www.santa-ana.org/departments/community-development/
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 19, 2022
TOPIC: Memorandum of Understanding with Required WIOA Partners AGENDA TITLE:
Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of City Council Item #33.)
RECOMMENDED ACTION
HOUSING AUTHORITY ACTION
1. Authorize the Executive Director and Recording Secretary to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a one-year term expiring June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054 subject to nonsubstantive changes approved by the Executive Director and Authority General Council.
2. Authorize the Executive Director and Recording Secretary to execute non-substantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding.
DISCUSSION
At the May 25, 2022 special meeting of the Workforce Development Board by a vote of 13:0 (Gail Araujo, David Elliott and Robert Ruiz absent), the Board recommended the above action for council approval.
In order to establish a high quality America’s Job Centers of California (AJCC) delivery system and enhance collaboration among partner programs, Workforce Innovation and Opportunity Act (WIOA) requires Local Workforce Boards to develop Memorandum of Understanding (MOU’s) with a list of AJCC required partners within the Local Workforce Area. These MOU’s will serve as a functional tool as well as a plan for how the Local Board and AJCC partners will work together to create a unified service delivery system that best meets the needs of their shared customers. WIOA does not require all partners to be physically co-located at the AJCC but those that do co-locate they are required to share in the operational costs. Currently the city, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, County of Orange Social Services City Council 2 – 1 7/19/2022
Memorandum of Understanding with Required WIOA Partners July 19, 2022
Agency, and Santa Ana Housing Authority are co-located at the Santa Ana WORK Center and share the operation costs that is calculated based on square footage of occupancy by each agency and is outlined in Attachment 3 of the MOU agreement.
The current partner MOU’s will expire at the end of this fiscal year. Typically, the term would be for three years but because the master AJCC office lease expires next year, the city attorney advised a one-year term. When the new lease details are finalized, the MOU exhibits will be updated to reflect the shared costs of the one stop system and then return to City Council approval (Exhibit 1 and 2).
The programs and services the WDB is required to have an MOU with are as follows:
Program Organization
WIOA Title I – Adult, Dislocated Worker
and Youth City of Santa Ana WORK Center
WIOA Title II – Adult Education and
Literacy
Santa Ana College/Rancho Santiago
Community College District
WIOA Wagner-Peyser, Veterans, Trade
Adjustment Assistance Act
California Employment Development
Department
WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana College/Rancho Santiago Community College District
Title V Older Americans Act SER – Jobs for Progress
Job Corps Long Beach Job Corps
Native American Programs – Section 166 United American Indian Involvement, Inc.
Community Services Block Grant Community Action Partnership of OC Housing and Urban Development City of Santa Ana Housing Authority Unemployment Compensation (UI) California Employment Development Department
Temporary Assistance for Needy
Families/CalWORKS Orange County Social Services Agency
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
City Council 2 – 2 7/19/2022
Memorandum of Understanding with Required WIOA Partners July 19, 2022
FISCAL IMPACT
The City Council approved the master lease agreement for the office space at 801 W.
Civic Center Drive on October 3, 2017. The WORK Center share of the AJCC monthly operation costs are budgeted and funds are available in the WIOA and Orange County Grant accounts (nos. 12318xxx-various and 12418xxx-various).
Funds in the amount of $8,054 for the Housing Authority’s share of the monthly operational cost are available in the following Housing Authority Voucher Admin accounts.
Account No. Account Description Amount
14018760-62010 Communications $539
14018760-62300 Contract Services $1,028
14018760-62500 Rent Payments $6,487
TOTAL $8,054
The table below reflects the estimated amounts to be received from the State of California Employment Development Department, County of Orange Social Services Agency, SER Jobs for Progress, Inc., State of California Department of Rehabilitation, and the Santa Ana Housing Authority for the duration of the MOU. The partner organizations will be invoiced for their share of the AJCC monthly operations and the funds will be deposited upon receipt into the following accounts:
Account No. Account Description PY 2022-23 Total
02501001-25000 Balance Sheet: Deferred
Revenues- Advances $6,172 $6,172
02518002-57000 CDA Special Revenue: Expense
Reimbursement $1,870 $1,870
12318002-57960 WIOA Revenues: Rental of
Property $341,808 $341,808
12318002-57000 WIOA Revenues: Expenses
Reimbursement $368 $368
12318748-61000 WDB Admin: Salaries Regular $4,356 $4,356 12318751-various One Stop Program: Various 41,212 41,212 TOTAL $395,786 $395,786
EXHIBIT(S) (See City Council Item #33 for Exhibits)
1. Memorandum of Understanding
2. Memorandum of Understanding – County of Orange Social Services Agency City Council 2 – 3 7/19/2022
Memorandum of Understanding with Required WIOA Partners July 19, 2022
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 2 – 4 7/19/2022