Project Timeline
This letter presents the Project’s permitting history in three distinct phases, punctuated by key milestones, to present the information in the clearest way possible.
Phase 1: Application Submittal to Application Completeness Determination On November 10, 2021, the applicant submitted the full development application.
Under the Permit Streamlining Act, local governments have 30 calendar days after the development application submittal to inform the applicant of whether the application is complete. If the local government does not inform the applicant of any deficiencies within that 30-day period, the application will be “deemed complete,” even if it is deficient (Gov. Code, § 65943, subd. (a)).2
The City failed to inform the applicant in writing that the application was not complete by December 10, 2021 (i.e., 30 days from the date of submittal). Therefore, on December 10, 2021, the application was deemed complete by operation of law.
Phase 2: Application Completeness Determination to Project Consistency Determination
The HAA requires that for housing development projects containing 150 or fewer housing units, the local agency has 30 days from the date the development application is deemed complete to provide the applicant with written documentation of any inconsistency, incompliance, or inconformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision (Gov. Code, § 65589.5, subd. (j)(2)(A)(i)). If the local agency does not provide written documentation of such findings within 30 days, the development project shall be deemed consistent, compliant, and in conformity of the applicable plan, ordinance, and standards (Gov.
Code, § 65589.5, subd. (j)(2)(B)).
The City failed to inform the applicant in writing of any inconsistencies by January 9, 2022 (i.e., 30 days from the date that the application was deemed complete by operation of law). Therefore, on January 9, 2022, the Project was deemed consistent and compliant with the applicable plan, ordinance, and standards by operation of law.
On the same date, the Project became vested under the HAA (Gov. Code, § 65589.5, subd. (j)(1)). Note that the Project’s vesting is not based on the submittal of a Preliminary Application (Gov. Code, § 65941.1) because the applicant did not submit a Preliminary Application. The Project’s vesting occurred when the application was deemed consistent by operation of law (Gov. Code, § 65589.5, subd. (h)(5)).
2 See also Housing Accountability Act Technical Assistance Advisory Memo, dated September 15, 2020, Page 8.
City Council
23 –
138
10/17/2023
Ali Pezeshkpour, Planning Manager
Phase 3: Project Consistency Determination to Project Consideration
Nine days after the Project was deemed consistent by operation of law, on January 18, 2022, the City sent the applicant its first letter regarding the Project. The letter confirmed the application submittal date of November 18, 2022 and provided a list of required modifications to the design of the Project. It is apparent from the length and level of detail in the letter that its purpose was related to Project consistency and not application completeness. Throughout the following year, the applicant continued to revise the Project while periodically receiving inconsistency letters from the City. The most recent letter from the City to the applicant, dated March 15, 2023, states that the project “has met the requirements and conditions of the City’s Development Review (DRC) to complete the Development Project Review process” – except for the singular issue of compliance with the AHOCO.
Santa Ana’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) HCD understands that the AHOCO was formerly known as the Housing Opportunity Ordinance (HOO), which was adopted in 2011 and later amended in 2015, 2020, and 2022. The HOO, as amended in 2020, applied to “any new residential project comprised of twenty (20) or more residential lots or residential units” (NS-2994, Sec. 41-1902). As of April 19, 2022, the newly adopted AHOCO became applicable to “any new project comprised of five or more residential lots or residential units” (Ord. No. NS-3019, Sec. 41-1902). Relative to the State Density Bonus Law, the City’s AHOCO requires more affordable units, and more deeply affordable units, than the minimums specified in the SDBL (Gov. Code, § 65915, sub. (b)).
While HCD recognizes the City’s efforts for a more robust inclusionary zoning ordinance, due to the Project being deemed consistent (under operation of law) on January 9, 2021, the Project is not subject to the AHOCO. The Project is only subject to the requirements in effect on January 9, 2021.
State Density Bonus Law
At the time the application was initially submitted on November 10, 2021, the Project design included 16 units, including four bonus units. The applicant sought to use a SDBL concession to reduce or eliminate a requirement that “Multi-Family Dwellings” be located “only on second or upper floors, or behind retail or service ground floor use.”3 The City informed the applicant in a letter dated January 18, 2022 that “[t]he Density Bonus Law’s provisions do not allow an applicant to request a waiver for land uses, such as the commercial/mixed-use requirement for a project.” This is an overly broad interpretation. The SDBL contains no language creating a distinction between
3 Transit Zoning Code (TZC), Section 41-2007, Table 2A – Use Standards, Footnote 1.
City Council
23 –
139
10/17/2023
Ali Pezeshkpour, Planning Manager
requirements associated with “land use” and development standards.4 A concession may be sought not only to modify or eliminate a development standard but also to modify “zoning code requirements” (Gov. Code, § 65915, sub. (k)(1)). First, the applicable zoning classification is simply “Multi-Family Dwellings” (i.e., not “Mixed- Use”). Second, the ground floor commercial requirement is subordinate in function to the primary zoning classification of “Multi-Family Dwellings,” relating primarily to the location of the commercial floor area.
If the applicant chooses to request a concession to eliminate or modify the requirement for ground floor commercial, they may. The decision-making body must consider the requested concession pursuant to the SDBL. The City must grant (i.e., “shall approve”) the specific incentives/concessions requested by the applicant unless the City makes written findings, based on substantial evidence, that the incentive/concession would (1) not result in a cost reduction, (2) have a specific adverse impact on health or safety (as defined), or (3) be contrary to state or federal law (Gov. Code, § 65915, subd. (d)).
Because the City wrongfully rejected its concession request, the applicant has removed the two ground floor residential units and replaced them with commercial floor area. This has reduced the number of units in the overall project from 16 to 14, thus not achieving the full 27.5-percent density bonus to which the applicant is entitled. The cost of adding an additional story to the building to meet the ground floor commercial requirement and providing 16 units is presumably economically infeasible.
Finally, the SDBL contains the directive that it “shall be interpreted liberally in favor of producing the maximum number of total housing units” (Gov. Code, § 65915, subd. (r)).
Conclusion and Next Steps
HCD encourages the City’s efforts to prioritize housing affordability and to increase the overall supply of housing. However, the City must process development applications in accordance with the timelines established under the PSA and the HAA. Failure to do so results in project applications being deemed complete and consistent with local regulatory requirements by operation of law, as seen here. Moving forward, HCD expects the City to advance the Project to a meeting where it can be considered by the decision-making body.
HCD would also like to remind the City that HCD has enforcement authority over the SDBL, HAA, and PSA, among other state housing laws. Accordingly, HCD may review local government actions and inactions to determine consistency with these laws. If HCD finds that a city’s actions do not comply with state law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law (Gov. Code, § 65585, subd. (j)).
4 “Development Standard” is defined in Government Code section 65915, subdivision (o)(2).
City Council
23 –
140
10/17/2023
Ali Pezeshkpour, Planning Manager
If you have any questions regarding the content of this letter or would like additional technical assistance, please contact Mehrsa Imani, of our staff, at [email protected].
Si
ncerely,
Shan
nan West
Housing Accountability Unit Chief
City Council
23 –
141
10/17/2023
Police Department
www.santa-ana.org/police
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: FY 2022 Urban Areas Security Initiative Program
AGENDA TITLE
Adopt a Resolution and Approve Appropriation Adjustment and Agreement Accepting Fiscal Year 2022 Urban Areas Security Initiative Grant Program Funds (Non-General Fund)
RECOMMENDED ACTION
1. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2022 Urban Areas Security Initiative Grant Program.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE
CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2022 URBAN AREA SECURITY
INITIATIVE FUNDING PROGRAM
2. Approve an Appropriation Adjustment recognizing $1,822,800 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes)
3. Authorize the City Manager and the Chief of Police to execute an agreement with the City of Anaheim accepting the FY 2022 Urban Areas Security Initiative Grant Program in the amount of $1,822,800 for the period of August 9, 2023 through March 31, 2025, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES:Yes
DISCUSSION
The Urban Areas Security Initiative (UASI) program is approved by the U.S. Congress through the Consolidated Appropriations Act of 2022 and implemented by the U.S.
Department of Homeland Security (DHS) through the Federal Emergency Management
City Council
24 –
1 10/17/2023
FY 2022 Urban Areas Security Initiative Program
October 17, 2023
3 7
8 0
Agency (FEMA) to assist high-density urban areas to strengthen the nation’s communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance.
In FY 2006 the DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2022 funding and is, therefore, the UASI Sub-Grantee, with Santa Ana designated as a subrecipient through Anaheim.
The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complementary strategies for responding to acts of terrorism.
The FY 2022 funds will support the Homeland Security Training & Exercise Program to enhance capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. The funding will also be used to support a new training facility, sustain and maintain the ReadyOC Emergency Preparedness Campaign, the “If You See Something, Say Something” (SafeOC) Public Awareness Campaign, and the Orange County Civic Center Video Surveillance System.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $1,822,800 in the FY 2022 Urban Areas Security Initiative revenue account (no. 12514002-52001) and appropriate same to the Urban Areas Security Initiative expenditure accounts for projected expenditures as follows:
Fiscal
Year
Accounting Unit –
Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
FY 23-24 12514491-Various OES UASI UASI Cal OES
Anaheim, Various $1,133,945
FY 24-25 12514491-69011 OES UASI
UASI Cal OES
Anaheim, Reserve
Appropriations
$ 688,855
Total $1,822,800
City Council
24 –
2 10/17/2023
FY 2022 Urban Areas Security Initiative Program
October 17, 2023
3 7
8 0
The amounts shown above are estimates based on projected grant projects. Any remaining balances not expended at the end of each fiscal year will be presented to City Council for approval of carryovers to the subsequent fiscal year.
EXHIBIT(S)
1. FY 2022 Award Letter from the City of Anaheim
2. FY 2022 UASI Transfer Agreement
3. FY 2022 Resolution
4. FY 2022 Notification of Sub-Recipient Award
Submitted By: David Valentin, Police Chief
Approved By: Steven A. Mendoza, Assistant City Manager
City Council
24 –
3 10/17/2023
ANAHEIM POLICE DEPARTMENT
TO MAINTAIN A SAFE COMMUNITY TO LIVE, WORK, AND PLAY August 9, 2023
Kristine Ridge, City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
SUBJECT: Notification of Sub-Recipient Award
Fiscal Year (FY) 2022 Urban Area Security Initiative (UASI) Program Grant #2022-0043, Cal OES #059-95010; CFDA# 97.067 Sub-Recipient Performance Period: August 9, 2023 to March 31, 2025 Requesting Jurisdiction: City of Santa Ana
UEI #: KZE9G2M4GRX9
Projects: 009 - Analyst Proficiency Training (NP) 510,000 020 - Cyber Security Regional Training (NP) S80,000 026 - QC Civic Center Maintenance (NP) S195,340
030, 046 - If You See Something, Say Something 5113,050 036 - Ready QC Preparedness Campaign SIO0,000
032 - Training Facility (NP) 5200,000
Regional Training Program (NP) 5408,505
(Project No. 015, 017, 034, 038)
Regional Exercise Program (NP) 5235,968
(Project No. 035, 039)
Program Management (NP) S370,000
(Project No. 010, 021, 027, 031, 033, 037, 040)
045 - Management & Administration 5109,937
Total Award: Sl,822,800
Dear Ms. Ridge:
This letter serves to inform you that the City of Santa Ana has been approved for grant funding under the FY2022 Urban Areas Security Initiative (UASI) Grant Program in the amount of Sl,822,800. Once your completed eligibility packet, including signed UASI Transfer Agreement, is received and an executed copy ofthe agreement is on file, reimbursement may be requested for eligible expenditures using the appropriate Anaheim/Santa Ana UASI (ASAUA) forms. 425S.HARBORBLVD.,ANAHEIM,CA92805 I T:(714)765-1900 I F:(71jl)765-1690 I WWW.ANAHEIMPD.ORG Exhibit 1
City Council
24 –
4 10/17/2023
As part of the Homeland Security Grant Program (HSGP) Investment Justification and Grant Application process, project applications submitted by the City of Santa Ana were reviewed and evaluated based on federal program priorities, regional benefit, and degree of applicability to the overarching Anaheim/Santa Ana Urban Area goals and objectives. Throughout the grant cycle, the ASAUA Grant Office will use projected milestones and performance measures to assess project status and overall grant compliance. All activities funded with this award must be completed within the Sub-Recipient performance period.
It is critical that all City of Santa Ana employees that are involved in the FY22 UASI Grant Program become familiar with the Transfer Agreement between the City of Anaheim and the City of Santa Ana regarding the FY22 UASI Grant Program as well as the FY22 Homeland Security Grant Notice of Funding Opportunity, the FY22 Homeland Security Grant Program California Supplemental Guidance, and the FY22 Anaheim/Santa Ana UASI (ASAUA) Sub-Recipient Grant Guide. This subaward is subject to the requirements in 2 CFR, Part 200. It imperative that the Anaheim UASI Office is contacted before any projects are procured to ensure that Environmental Historic Preservations (EHP), Aviation/Watercraft, and Establish/Enhance Emergency Operations Center requirements have been met, as well as financial regulations pertaining to sole source. Any modifications to projects identified as a National Priority Project (designated on the project list with (NP)) will require prior approval from CalOES/FEMA. We will seek any applicable requests and approvals on your behalf to the California Governor's Office of Emergency Services (CalOES). Sub-Recipients are also required to obtain a performance bond prior to the purchase of any equipment item over S250,000.
Performance bonds must be forwarded to the ASAUA Grant Office for submission to CalOES no later than time of reimbursement.
Reimbursement for overtime and backfill for training is no longer offered by the ASAUA however, the grant will continue to provide reimbursement for personnel who assist with the instruction and delivery of the approved UASI courses. The funding allocation below is being provided as an estimated value of training instructor participation based on the number of first responders in your agency that have been approved to teach. It is being provided for your City's respective internal budgetary needs only and does not reflect a direct allocation as in the past. Additional funds may be awarded at a later time depending on your agency's participation and available dollars.
Regional Training Program - Instructor Participation Police Department: 556,277.27
Sub-Recipients are encouraged to seek reimbursement through the grant cycle, as funds are expended. Final Training Reimbursement Requests are due no later than December 31, 2024. Final reimbursement requests for all other approved project costs are due no later than March 31, 2025.
This grant is subject to all provisions of 2 CFR Part 200 Subpart F - Audit Requirements. Sub- recipients are required to submit copies of completed Single Audit Reports to the ASAUA Grant Office, along with any Corrective Action Plans as a result of HSGP findings.
FY22 UASI Subrecipient Award Letter Page 2 of 3
City Council
24 –
5 10/17/2023
A dated signature from you, or your authorized designee, is required below. Please sign and return the original to the ASAUA Grant Office and retain a copy for your files. If you have any questions regarding this letter, please feel free to contact uASI Grant Coordinator Kerrstyn Vega at (714) 765- 1445 or [email protected].
Sincerely,
RICHARD LAROCHELLE, JR.
Lieutenant
CC: AUTHORIZED AGENT
ame ofSignatory: I)AVIC>
City of Santa Ana
%lpLEAI TIN Date
FY22 UASI Subrecipient Award Letter Page 3 of 3
City Council
24 –
6 10/17/2023
AGREEMENT
SUB-RECIPIENT: CITY OF SANTA ANA
City Contract Number
Exhibit 2
City Council
24 –
7 10/17/2023
TABLE OF CONTENTS
Section Description
I
INTRODUCTION
§101. PartiestotheAgreement
§102. Representatives of the Parties and Service of Notices §103. Independent Party
§104. Conditions Precedent to Execution of this Agreement It
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use of Grant Funds
Ill
PAYMENT
§301. Payment of Grant Funds and Method of Payment iv
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein §402. Applicable Law, Interpretation and Enforcement §403. Integrated Agreement
§404. Excusable Delays
§405. Breach
§406. Prohibition Against Assignment or Delegation
§407. Permits
§408. Bonds
3 3
4 4
g
City Council
24 –
8 10/17/2023
TABLE OF CONTENTS
Section Description
§409. Indemnification
§41 0. Conflict of Interest
§41 1. Restriction on Disclosures
§412. Statutes and Regulations Applicable to All Grant Contracts §413. Federal, State, and Local Taxes
§414. Inventions, Patents and Copyrights
§415. MBE/WBE
!E!
v
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
§502. Amendments
v
ENTIRE AGREEMENT
§601. Complete Agreement
§602. Number of Pages and Attachments
Execution (Signature) Page
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
CalOES FY2022 Grant Assurances
Certification Regarding Debarment, Suspension and Other Responsibility Matters
Certification Regarding Lobbying
City Council
24 –
9 10/17/2023
Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR
REIMBURSEMENT OF TRAINING COSTS
FOR FY2022 URBAN AREAS SECURITY INITIATIVE (UASI) BET\/VEEN
THE CITY OF ANAHEIM
AND CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this day of 20, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF SANTA ANA (the "SUB-RECIPIENT" or "Contractor").
WITNESSETH
WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2022 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2022 Urban Areas Security Initiative" from the federal Department Of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant"), as set Forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at:
u.s. Department of Homeland Security "Fiscal Year 2022 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)" https://www.fema.qov/qrants/preparedness/homeland-security/fy-22-nofo California Office of Emergency Services "FY2022 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit"
https://www.caloes.ca.qov/wp-content/uploads/Grants/Documents/FY-2022- HSGP-State-Supplement.pdf
Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ("CITY") and is overseen by the California Governor's Office of Emergency Services ("CalOES"); and
WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and
1 City Council
24 –
10 10/17/2023
WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management ("OGM") awarded a FY2022 UASI Grant of $5,113,750 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ("UASI Grant Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2022 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to CITY OF SANTA ANA ("SUB-RECIPIENT") and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2 City Council
24 –
11 10/17/2023
I
INTRODUCTION
§IOI. PartiestotheAqreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 425 South Harbor Boulevard, Anaheim, CA 92805; and
B. CITY OF SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa Ana, CA 92701
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
1. The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement:
Richard LaRochelle, Lieutenant
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA 92805
Phone: (7M)765-1523
[email protected]
2. The representative of CITY OF SANTA ANA shall be:
Na me: Manuel Moreno
Title: Commander
Sub Recipient Na me: City of Santa Ana, Santa Ana Police Department 053)5 8ecjpiBlli Addressaa 60 CIVIC Center PlaZa
(;;IV Santa Ana State: California Zip-. 92702
Phone: 714-245-8271
E-mail: [email protected]
B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. 3 City Council
24 –
12 10/17/2023
C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change.
§'l03. Independent Party
SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB-RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB-RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. ConditionsPrecedenttoExecutionofThisAqreement
SUB-RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted.
A. GrantAssurancesinaccordancewithsection412AofthisAgreementattached hereto as Exhibit A and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section 4'l2C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-RECIPIENT,
4 City Council
24 –
13 10/17/2023
II
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 08/09/2023 and end on 3/31/2025 or upon the final disbursement of all of the Grant Amount (as defined in Section 301 ) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided.
B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.
C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2022 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.qov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds.
Any equipment acquired or obtained with Grant Funds:
5 City Council
24 –
14 10/17/2023
1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans;
3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of Title 2 CFR Part 200.3'l3 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1 ) year or more.
5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.
6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency.
7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i)use and 6 City Council
24 –
15 10/17/2023
condition of Equipment, and (j) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313.
8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years.
Inventory shall also be taken prior to any UASI, State or Federal monitor visits.
10.SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment.
11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements.
12. SUB-RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken.
E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above. All training expenses must be pre-authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.qov/.
F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/media-library/assets/documents/32326.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines 7 City Council
24 –
16 10/17/2023
as listed in FY2022 Homeland Security Grant Program, as set forth above.
H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2022 Homeland Security Grant Program, as set forth above.
8 City Council
24 –
17 10/17/2023
Ill
PAYMENT
§301. Payment of Grant Funds and Method of Payment A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT'S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above.
B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB-RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Anaheim UASI Grant Office. For equipment for which SUB-RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB- RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted inVOiCeS.
C. Payment of final invoice shall be withheld by the CITY until the SUB- RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement.
D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB-RECIPIENT of a loss or reduction of federal grant funds.
9 City Council
24 –
18 10/17/2023
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub-recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law or a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result or such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 10 City Council
24 –
19 10/17/2023
restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§406. Prohibition Against Assiqnment or Deleqation
SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits
SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents. §408. Bonds
SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraff or watercraft) financed with homeland security Funds. SUB-RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement. §409. Indemnification
To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB-RECIPIENT'S acts, errors or omissions in the performance of SUB-RECIPIENT'S services or use of grant funds under the terms of this Agreement.
11 City Council
24 –
20 10/17/2023
§410. Conflictoflnterest
A. SUB-RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family"includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).
D. The SUB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship 12 City Council
24 –
21 10/17/2023
between said person and the Contractor.
E. Prior to obtaining the CITY"S approval of any subcontract, the SUB- RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest.
G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.
H. The SUB-RECIPIENT covenants that no member, officer or employee of SUB-RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.
1. The SUB-RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT" and "sub subcontractor" for "Subcontractor".
§41 1. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.).
§412. Statutes and Requlations Applicable To All Grant Contracts A. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB-RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB-RECIPIENT used in violation of these Grant Assurances. SUB-RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB- RECIPIENT used in violation of the Grant Assurances.
B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB-RECIPIENT laws, executive orders, regulations, program and 13 City Council
24 –
22 10/17/2023
administrative requirements, policies and any other requirements governing this Agreement. SUB-RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance o( this Agreement. These requirements include, but are not limited to:
1. Office of Management and Budqet (OMB) Circulars SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards).
2. Sinqle Audit Act
If Federal funds are used in the performance of this Agreement, SUB-RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2022 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program"; Grant Identification Number 2022-0043; and identify the City of Anaheim as the Pass-Through.
3. Records Maintenance
Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and affer final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY.
4. Subcontracts and Procurement
SUB-RECIPIENT shall comply with the federal and SUB- RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and 14 City Council
24 –
23 10/17/2023
construction subcontracts.
SUB-RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB-RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
5. Civil Riqhts
SUB-RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 u.s.c. §§'l681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 u.s.c. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 4 975, as amended (42 u.s.c. §§610'l-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 u.s.c. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. §§3601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
6. Telecommunications(2CFR200.216)
SUBRECIPIENT will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or 15 City Council
24 –
24 10/17/2023
extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
C. Statutes and Regulations Applicable To This Particular Grant SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 1 2372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, u.s. Department of Homeland Security, Preparedness Directorate Financial Management Guide; u.s.
Department of Homeland Security, Office of Grants and Training, FY 2022 Homeland Security Grant Program -Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.
Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448.
Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants).
16 City Council
24 –
25 10/17/2023
2. Travel Expenses
SUB-RECIPIENT as provided herein may be compensated for SUB- RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in-State and out-of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office.
SUB-RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT'S travel policies and procedures. If SUB-RECIPIENT does not have established travel policies and procedures, SUB-RECIPIENT'S reimbursement rates shall not exceed the amounts established under 5 u.s.c 5701-14, ("Travel and Subsistence Expenses; Mileage Allowances"), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)).
3. Noncompliance
SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB-RECIPIENT to CITY of any unlawful expenditures.
§413. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee.
§414. Inventions, Patents and Copyriqhts
A. Reportinq Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the u.s. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB-RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 u.s.c. Sections 200, et seq. (Pub. L. 95-5'l7, Pub. L. 98-620, 37 CFR part 401 ); Presidential Memorandum 17 City Council
24 –
26 10/17/2023
on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/1 8/1 983); and Executive Order 'l 2591, 4/"1 0/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
B. Riqhts to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.
C. Copyriqht Policy
1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.
3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy.
D. Riqhts to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 u.s.c.
Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Bindinq on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. 18 City Council
24 –
27 10/17/2023
§415. Minority, Women, And Other Business Enterprise Outreach Proqram It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors.
19 City Council
24 –
28 10/17/2023
v
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to be performed by SUB-RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB-RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.
SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement.
20 City Council
24 –
29 10/17/2023
Vl
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
§602. Number of Paqes and Attachments
This Agreement is executed as one original. This Agreement includes twenty-two (22) pages and three (3) Exhibits which constitute the entire understanding and agreement oT the parties.
21 City Council
24 –
30 10/17/2023
IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.
ATTEST: CITY OF ANAHEIM, a municipal Corporation
of the State of Califomia
B7: BY:
Theresa Bass
Clerk of the Council
Rick Armendariz
Chief of Police
SUB-RECIPIENT
CITY OF SANTA ANA
UEI No. KZE9G2M4GRX9
APPROVED AS TO FORM: By: (Signed in counterpart)
p(i4(Bd %B(ylB David Valentin
B7:
Kristin Pelletier
Chief Assistant City Attomey
Title
Chief of Police
APPROVED AS TO FORM
ATTEST:
BY:
BY:
JENNIFER L. HALL
City Clerk
plaj(10Bd %BII1B Tamara Bogos!an
Title
Senior Assistant City Attorney
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
City Council
24 –
31 10/17/2023
IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.
ATTEST: CITY OF ANAHEIM, a municipal Corporation
of the State of Califomia
BY: BY:
Theresa Bass
Clerk of the Council
Rick Armendariz
Chief of Police
APPROVED AS TO FORM:
SUB-RECIPIENT
CITY OF SANTA ANA
UEI No. KZE9G2M4GRX9
VALEA/Tl/J
BY:
Kristin Pelletier
Chief Assistant City Attomey
Title
CHlnF OF Potgct
APPROVED AS TO FORM
BY:
Printed Name
Title
City Council
24 –
32 10/17/2023
EXHIBIT A
California Governor's Office of Emergency Services FY2022 Grant Assurances
(All HSGP Applicants)
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon Initiag
City Council
24 –
33 10/17/2023
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (u.s.c.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 u.s.c. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of f or te Ini a s
City Council
24 –
34 10/17/2023
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non-discrimination, including:
(a) Title Vl of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 u.s.c. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 u.s.c. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 u.s.c. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 u.s.c. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 u.s.c. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Ini
City Council
24 –
35 10/17/2023
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 u.s.c. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 u.s.c. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 u.s.c. § 7401 ) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11 988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P. L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); Ini
City Council
24 –
36 10/17/2023
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 1 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 u.s.c. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1 ) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 u.s.c §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 u.s.c. § 2409, 41 u.s.c. § 4712, and 10 u.s.c. § 2324, 41 u.s.c. § 4304 and § 4310.
Initi
City Council
24 –
37 10/17/2023
14. Human Trafficking
The Applicant will comply with the requirements of Section 1 06(g) of the Traffickinq Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits the Applicant or its subrecipients from: (1 ) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 u.s.c. §§ 276a to 276a-7), as applicable, and the Act (40 u.s.c. § 3145 and 18 u.s.c. § 874) and the Contract Work Hours and Safety Standards Act (40 u.s.c. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 u.s.c. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) ASSiSt the awarding agency in assuring compliance with Section 106 of the Historic Preservation Act of 1966, as amended (16 u.s.c. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 u.s.c. §469a-1 et seq.); and (e) Comply with the Lead-Based Paint Poisoninq Prevention Act (42 u.s.c. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant
City Council
24 –
38 10/17/2023
in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5.
These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects Pll, the Applicant is required to have a publically-available privacy policy that describes standards on the usage and maintenance of Pll they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 u.s.c. §§ 401 or 402 and an acknowledgement of u.s. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Initi
City Council
24 –
39 10/17/2023
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.
Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 u.s.c. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for u.s. Flag Air Carriers: (air carriers holding certificates under 49 u.s.c. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 u.s.c. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 3974, as amended, 15 u.s.c. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 u.s.c. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
Initi al V
City Council
24 –
40 10/17/2023
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and u.s. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 u.s.c. §§ 175-1 75c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Llse of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
Ini
City Council
24 –
41 10/17/2023
(a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.
Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved
Initials
City Council
24 –
42 10/17/2023
IMPORT ANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1 ) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at:
https://www.dhs.qov/publication/fy1 5-dhs-standard-terms-and-conditions The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Title: Cl-lltF OF POLZC€ Date:
'%
Initia!
City Council
24 –
43 10/17/2023
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Goverent-wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon wliicli reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement.
As required by Executive Order 12549, Debarment and Suspension, and implemented under tlie applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant ceitifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding tliis application been convicted of or had a civil judgment rendered against tliem for cominission of fraud or a criminal offense in connection with obtainiiig, attempting to obtain, or perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antiti-ust statutes or conunission of embezzlement, tlieft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governirient entity (Federal State or local) witli commission of any of these offenses enumerated in paragrapli (1) (b) of this certification; and
(d) Havenotwithinathree-yearperiodprecedingthisapplicationhadoneormorepublictransactions (Federal, State or local) tenninated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or slie shall attach an explanation to this application.
Address: 5AA/?/1 fi!VA PoQCt 1')EPmT#'Vfl7
Autho ture
DAVlb VAuA/71A/
Printed or Typed Name
60 cxyzc ctitrtx PL2
(JLTEF OF POllct
Title
Spma wA, CA 'Uqoi
City Council
24 –
44 10/17/2023
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Proqrams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
City Council
24 –
45 10/17/2023
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, u.s. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 u.s.c. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
AGREEMENT NUMBER:
5;Atvra AHA fit.tct DtpapvpH4q
AGENCY
DAvxD yatr*rm (:'HIE!" op Pa !$4
D REPRESENT ATIVE
DATE
City Council
24 –
46 10/17/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO
ENTER INTO AN AGREEMENT WITH THE CITY OF
ANAHEIM FOR THE FY20 22 URBAN AREA SECURITY
INITIATIVE FUNDING PROGRAM
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. The United States Department of Homeland Security has developed the Urban Area Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism.
B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2022, the City of Anaheim is the lead administrative agency for UASI funding.
C. The City of Santa Ana has been awarded funding from the City of Anaheim for the fiscal year 2022 UASI in the amount of $1,822,800.
Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the City of Anaheim for the FY 2022 Urban Area Security Initiative funding program in the amount of $1,822,800. The authorization provided herein shall also pertain and apply to any and all grant monies awarded under this grant and documents required for authorization in furtherance of these grant monies.
Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2022 Urban Area Security Initiative in the amount of $1,822,800 and appropriates same in the FY 2022 Urban Area Security Initiative Program Grant expenditure accounts.
Exhibit 3
City Council
24 –
47 10/17/2023
Resolution No. 2023-XXX
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 17th day of October, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Tamara Bogosian
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.
Date: ________________ ____________________________________ Jennifer Hall
Clerk of the Council
City of Santa Ana
City Council
24 –
48 10/17/2023
Chief of Police
425 S. Harbor Blvd.
Richard LaRochelle, Jr.
Anaheim, CA 92805
Anaheim / Santa Ana UASI
May 1, 2023
Dear Lieutenant LaRochelle, Jr.:
NANCY WARD
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
(916) 845-8510 TELEPHONE
NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2022 Homeland Security Grant
Subaward #: 2022-0043, Cal OES ID: 059-95010
The California Governor's Office of Emergency Services (Cal OES) has approved your FY 2022 Homeland Security Grant application in the amount of $5,113,750. As of the date of this letter, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook (FMFW) available at www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records.
Any activities requiring additional review (e.g., Environmental Planning and Historic Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.) shall not incur costs until you receive written approval for those activities.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES.
For additional information, please contact your Cal OES Program Representative.
SUBJECT:
Homeland Security & Emergency Management Grants Processing Enclosure
cc: Subrecipient file
GAVIN NEWSOM
GOVERNOR
www.CalOES.ca.gov
Exhibit 4
City Council
24 –
49 10/17/2023
Supplemental Grant Subaward Information – Cal OES 2-101a (7/2019) Revised 4/7/23 CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES
SUPPLEMENTAL GRANT SUBAWARD INFORMATION
1. Cal OES Contact Information Section:
Governor’s Office of Emergency Services
Nancy Ward, Director
3650 Schriever Avenue
Mather, CA 95655
2. Federal Awarding Agency Section:
Federal Program
Fund / AL #
Federal Awarding
Agency
Federal
Award Date
Total Federal
Award
Amount
Total Local
Assistance
Amount
Homeland Security
Grant Program /
97.067
US Department of
Homeland Security
09/01/2022 $204,512,623 $174,565,304
3. Project Description Section:
Project Acronym:
Homeland Security Grant Program (HSGP)
Project Description:
Support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States.
4. Research & Development Section:
Is this Subaward a Research & Development grant? Yes ☐ No ☒
City Council
24 –
50 10/17/2023
City Council
24 –
51 10/17/2023
City Attorney Office
www.santa-ana.org/city-attorneys-office
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Street Racing and Reckless Driving Exhibitions Ordinance
AGENDA TITLE
Second Reading of Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code
First reading at the October 3, 2023 City Council meeting and approved by a vote of 6-1 (Hernandez dissenting).
Published in the Orange County Reporter on October 9, 2023.
RECOMMENDED ACTION
Conduct a second reading and adopt ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code.
ORDINANCE NO. NS-3051 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A NEW ARTICLE XV TO CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT SPECTATORS AT A STREET RACE OR RECKLESS
DRIVING EXHIBITION
GOVERNMENT CODE §84308 APPLIES:No
DISCUSSION
At its October 3, 2023 regular meeting, the City Council approved the first reading of an Ordinance adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing and Reckless Driving Exhibitions Prohibited" to the Santa Ana Municipal Code, and City Council authorized publication of title by a vote of 6-1. If adopted, the ordinance will go into effect 30 days thereafter.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
City Council
25 –
1 10/17/2023
Street Racing and Reckless Driving Exhibitions Prohibited Ordinance October 17, 2023
3 8
0 2
1. Ordinance
Submitted By: David Valentin, Police Chief
Approved By: Steven A. Mendoza, Assistant City Manager
City Council
25 –
2 10/17/2023
1 Exhibit 1
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING A NEW ARTICLE
XV TO CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT SPECTATORS
AT A STREET RACE OR RECKLESS DRIVING
EXHIBITION
WHEREAS, under the provisions of Sections 23103, 23109 of the California Vehicle Code, reckless driving exhibition and speed contests on public streets are illegal; and
WHEREAS, motor vehicle speed contests are more commonly known as street races or drag races and reckless driving exhibitions are more commonly referred to as exhibitions of reckless driving; and
WHEREAS, the streets within the City of Santa Ana have been the site of continuing and escalating illegal street racing over the past several years; and
WHEREAS, such street racing poses serious hazards and threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City of Santa Ana; and
WHEREAS, in most cases, hundreds of street racers and spectators gather on the streets late at night, and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process and the City has determined the presence of spectators at these events encourage and fuel the occurrence of these unlawful events; and
WHEREAS, traffic accidents, property crimes, and calls for police service have increased dramatically. Recently, an innocent motorist was killed in broad daylight by drivers engaged in street racing and in a separate incident, street racers involved in a race struck and killed a pedestrian; and
WHEREAS, street racing constitutes a nuisance and the City Council of the City of Santa Ana wishes to promote the City's interest in protecting and preserving the safety of pedestrian and vehicular traffic in, about, or upon public and private streets, parkways, roadways, alleys, sidewalks, and parking areas so as to minimize any dangerous conditions due to street racing.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. A new Article XV is hereby added to Chapter 36 of the Santa Ana Municipal Code to read as follows:
City Council
25 –
3 10/17/2023
2 Illegal Street Race and Reckless Driving Exhibition-Article XV
Section 36-706. Definitions.
As used in this Article:
“Street race” or “street racing” means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time.
“Reckless driving exhibition” means any exhibition of re ckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time.
Offstreet parking facility has the same meaning as set forth in Vehicle Code section 12500(c), as may be amended from time to time, and includes a ny public or private parking facility open and accessible to members of the public.
Preparations for a street race or reckless driving exhibition includes, but are not limited to, situations in which:
(1) One (1) or more motor vehicles and persons have arriv ed at a location on a public street, highway or an offstreet parking facility for the purpose of participating in or being spectators at a street race or reckless driving exhibition; (2) One (1) or more persons have gathered in an offstreet parking facility for the purpose of participating in or being a spectator at a street race or reckless driving exhibition; (3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; (4) One (1) or more persons have impeded the free public use of a public street, highway, or offstreet parking facility by actions, words, or physical barriers; (5) One (1) or more vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;
(6) One (1) or more drivers is revving a motor vehicle’s engine or spinning the motor vehicle’s tires; or
(7) A person is stationed for the purpose of acting as a race starter.
A person is "present" at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities.
Spectator means any individual who is present at street race or reckless driving exhibition at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, recording, or witnessing, the event as it progresses.
Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
City Council
25 –
4 10/17/2023
3 Section 36-707. Aiding and Abetting Street Races or Reckless Driving Exhibitions Prohibited
It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.
Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions Prohibited.
(a) It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition on a public street, highway, or offstreet parking facility.
A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1 -21.1 through 1-21.9.
(b) It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.
(c) Exemption: Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition.
Section 36-709 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36- 708, admissible evidence may include, but is not limited to, any of the following:
(a) the time of day;
(b) the nature and description of the scene;
(c) the number of people at the scene;
(d) the location of the person charged in relation to any person or group present at the scene;
(e) indicia of a street race or reckless driving exhibition, including but not limited to, stickers, posters, markings, flags at or near the scene; (e) the number and types of motor vehicles at the scene; (f) that the motor vehicles present have been altered or modified to increase power, handling or visual appeal;
(g) that the person charged drove or was transported to the scene; (h) that the person charged admitted to being a spectator at a street race or reckless driving exhibition;
City Council
25 –
5 10/17/2023
4 (i) that the person charged has previously participated in street race or reckless driving exhibition;
(j) that the person charged has previously aided and abetted a street race or reckless driving exhibition; that the person charged has previously attended a street race or reckless driving exhibition;
(k)that the person charged previously was present at a location where preparations were being made for a street race or reckless driving exhibition or a street race or reckless driving exhibition was in progress.
Section 36-710 Admissibility of Prior Acts
The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext permissible by law, evidence of prior acts may be admissible to show plan, opportunity, knowledge, identity, and/or propensity of the person charged to be present at or attending a street race or reckless exhibition of speed if the prior act(s) occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a street race or reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Santa Ana.
Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no pot ential for resulting in physical change to the environment, directly or indirectly and so is not a project.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.
Section 6.This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
City Council
25 –
6 10/17/2023
5 ADOPTED this day of , 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Tamara Bogosian
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2023 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
25 –
7 10/17/2023
City Attorney Office
www.santa-ana.org/city-attorneys-office
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Rent Stabilization and Just Cause Eviction Ordinance Amendments
AGENDA TITLE
Second Reading of Ordinance Amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments
First reading at the October 3, 2023 City Council meeting and approved by a vote of 4-3 (Bacerra, Penaloza, and Amezcua dissenting).
Published in the Orange County Reporter on October 9, 2023.
RECOMMENDED ACTION
Conduct a second reading and adopt ordinance amending Article XIX of Chapter 8 of the Santa Ana Municipal Code to Require Two-Thirds Approval by all Members of the City Council for Certain Future Amendments.
ORDINANCE NO. NS-3052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF THE SANTA ANA
MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE
EVICTION ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY ALL MEMBERS
OF THE CITY COUNCIL FOR CERTAIN FUTURE AMENDMENTS
GOVERNMENT CODE §84308 APPLIES:No
DISCUSSION
At its October 3, 2023 regular meeting, the City Council approved the first reading of an ordinance amending Article XIX of Chapter 8 to require two-thirds approval by all members of the City Council for certain future amendments, and City Council authorized publication of title by a vote of 4-3. If adopted by the City Council on October 17, 2023 the ordinance will go into effect 30 days thereafter.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council
26 –
1 10/17/2023
Rent Stabilization and Just Cause Eviction Ordinance Amendments October 17, 2023
3 8
0 1
EXHIBIT(S)
1. Ordinance
Submitted By: Sonia Carvalho, City Attorney
Approved By: Steven A. Mendoza, Assistant City Manager
City Council
26 –
2 10/17/2023
Ordinance No. NS -
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE XIX OF CHAPTER 8 OF
THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE
RENT STABILIZATION AND JUST CAUSE EVICTION
ORDINANCES TO REQUIRE TWO-THIRDS APPROVAL BY
ALL MEMBERS OF THE CITY COUNCIL FOR CERTAIN
FUTURE AMENDMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows:
A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's (“Santa Ana” or “City”) ability to address rent increases on residential real property and in mobilehome parks wherein hundreds of City residents provided spoken and written comments about their experiences of landlords purporting tenant crimes without proof as justification for evictions, unjust rent increases without a proportional increase in the quality of housing provided, and various quality of life issues as residents, renters, and property owners in Santa Ana.
B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance (“RSO”) and Ordinance No. NS -3010, known as the Just Cause Eviction Ordinance (“JCEO”) appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code (“SAMC”). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana.
C. The findings in Ordinance No. NS-3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability p ose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein.
D. Additionally, the City Council adopted Resolution No. 2021-054, directing staff to:
(1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof.
City Council
26 –
3 10/17/2023
Ordinance No. NS -
E. On October 4, 2022, the Santa Ana City Council approved the First Reading of Ordinance No. NS-3027 an Ordinance of the City Council of the City of Santa Ana Amending Article X of Chapter 8 of the Santa Ana Municipal Code and Creating a New Article XIX in Chapter 8 of the Santa Ana Municipal Code Pertaining to the Rent Stabilization and Just Cause Eviction Ordinance.
F. On October 18, 2022, the City Council adopted Ordinance No. NS -3027 (“the Ordinance”) and incorporated by reference the Request for City Council Action for amendments to these Ordinances dated October 4, 2022 together with the Ordinance, any amendments or supplements, and oral testimony, constituted the necessary findings for the Ordinance. Ordinance No. NS -3027 adopted amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and promote long-term sustainability of the programs, which include:
1. Create a Rental Housing Board;
2. Create a Rental Registry;
3. Adopt a Rental Registry Fee;
4. Develop a Work Plan;
5. Conduct a Fee Study Based on the Work Plan and Staffing Needs;
6. Expand Compliance Activities;
7. Create a Capital Improvement Petition and Tenant Petition;
8. Establish Petition Fees and a Petition Review Process;
9. Create a Voluntary Mediation Process; and,
10. Join the Rent Stabilization Consortium.
G. Since the adoption of the RSO and JCEO, Santa Ana residents have made multiple reports about landlords who have refused to comply with the law relating to rent increase and improper evictions.
H. Requiring two-thirds approval for changes to certain provisions in Artic le XIX in Chapter 8 of the Santa Ana Municipal Code pertaining to the Ordinance shall help to provide tenants, landlords, Mobilehome residents, and interested parties with consistency and ongoing stability relating to the implementation of the RSO and JCEO as well as the programs and services related thereto.
I. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
J. The City Council finds, determines, and declares that the threat to the public health, safety and welfare of the City and its residents ne cessitates the enactment of the Ordinance amendment.
City Council
26 –
4 10/17/2023
Ordinance No. NS -
K. The Request for City Council Action for amendments to the Ordinance dated October 3, 2023, by this reference, be incorporated herein, and together with this Ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this Ordinance amendment.
Section 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference.
Section 3. Section 8 -3103 of Division 1 (Generally) of Article X IX (Re nt Stabilization and Just Cause Eviction Ordinance ) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 8-3103. - Implementing regulations, policies and procedures.
(a) The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures.
(b) The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council.
Section 4. Section 8-3120 (Restrictions on Termination of Tenancy Without Just Cause) of Division 2 (Just Cause Evictions) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to add subsection (k) to read as follows:
Sec. 8-3120. Restrictions on termination of tenancy without just cause. (a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable.
1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of Tenant found under Civil Code
section 1940.35 and Code of Civil Procedure section
1161.4, as may be amended. Notice must be posted in a
City Council
26 –
5 10/17/2023
Ordinance No. NS -
conspicuous location on the property. The notice shall be written in the language that th e Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide
written notice to Tenants of their rights under this Division as follows:
A. The notice required by this Division must be on a form prescribed by the City and include the following
information:
i. The existence and scope of this Division 2 of
Article XIX of Chapter 8 of the Santa Ana
Municipal Code; and
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2)
herein.
B. The Owner must provide Tenant with the notice upon
serving any notice of change in terms of Tenancy.
C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the
effective date of this Division.
(b) For purposes of this section, "just cause" includes either of the following:
1) At-fault just cause, which is any of the following:
A. Default in the payment of Rent.
B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil
Procedure, including, but not limited to, violation of a provision of the lease after being issued a written
notice to correct the violation. A "breach of a material term" shall not include:
i. The obligation to limit occupancy, provided
that the additional occupant who joins the
Tenant of the Residential Real Property
thereby exceeding the limits on occupancy set
forth in the lease is:
I. A dependent under age eighteen (18);
or
II. A replacement Tenant who moved in
after an approved Tenant vacated the
Residential Real Property, so long as
City Council
26 –
6 10/17/2023
Ordinance No. NS -
the addition does not exceed the
Uniform Housing Code.
i. The Owner shall have the right to
approve or deny the prospective
additional or replacement
Tenant, who is not a minor
dependent child, provided that
the Owner does not
unreasonably withhold approval.
If the Owner fails to respond to
the Tenant in writing with a
description of the reasons for the
denial of the request within a
reasonable amount of time of
receipt of the Tenant's written
request, the Tenant's request
shall be deemed approved by
the Owner if the lease is for a
period of one (1) year or less.
ii. A change in the terms of the
Tenancy that is not the result of
an express written agreement
signed by both of the parties. An
Owner is not required to obtain a
Tenant's written consent to a
change in the terms of the
Tenancy if the change in the
terms of the Tenancy is
authorized by this section, or if
the Owner is required to change
the terms of the Tenancy
pursuant to federal, State, or
local law. Nothing in this
subsection shall exempt an
Owner from providing legally
required notice of a change in
the terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the Tenant has refused
City Council
26 –
7 10/17/2023
Ordinance No. NS -
to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
F. Criminal activity by the Tenant on the Residential Real Property, including any common ar eas, or any criminal
activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or agent of the Owner of the Residential Real Property or members of Te nant's household or other Tenants of the Residential Real
Property. This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at -fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real Property is
available.
G. Assigning or subletting the premises in violation of the Tenant's lease, as described in par agraph (4) of Section 1161 of the Code of Civil Procedure.
i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy
based on a Tenant's sublease of the Residential Real
Property if all the following requirements are met:
I. The Tenant requests permission from the Owner in
writing to sublease the Residential Real Property;
II. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces o ne (1) or more departed
Tenants under the lease on a one-for-one basis; and
IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt of
the Tenant's written request. If the Owner fails to
respond to the Ten ant's written request, the request
shall be deemed approved by the Owner if the lease
is for a period of one (1) year or less. An Owner's
reasonable refusal of the Tenant's written request
may be based on, but is not limited to, the ground that the total n umber of occupants in a Residential Real
City Council
26 –
8 10/17/2023
Ordinance No. NS -
Property exceeds the maximum number of occupants
as determined under Section 503(b) of the Uniform
Housing Code or successor provision.
H. The Tenant's refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following:
A.i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occ upy the Residential Real Property for a period of at least twenty-four (24) months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a ne w or renewed Rental Agreement or fixed -term lease constitutes a similar provision for the purposes of
subparagraph (E) of paragraph (1).
B. Withdrawal of the Residential Real Property from the rental market for an anticipated period of at least twenty -four (24) months, as affirmed by the Owner in a written affidavit submitted to the City.
C. i. The Owner complying with any of the following:
I. An order issued by a government agency or court relating to habitability that necessitates vacating the Resident ial Real Property.
City Council
26 –
9 10/17/2023
Ordinance No. NS -
II. An order issued by a government agency or court to vacate the Residential Real Property.
III. A local ordinance that necessitates vacating the Residential Real Property.
ii. If it is determined by any government agency or court th at the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
D. i. Intent to demolish or to s ubstantially remodel the Residential Real Property.
i.I. The Owner shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the right of first refusal to any comparable vacant Rental Unit which has been offered at comparable Rent owned by the Owner; and
II. In the event the Owner seeks to rent the remodeled
unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection.
iii. For purposes of this subparagraph, "substantially remodel" means t he replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the
abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordanc e with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a
substantial remodel.
(c) Before an Owner of Residential Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.
1) Any written notice to cease or correct must:
i
City Council
26 –
10 10/17/2023
Ordinance No. NS -
A. Be dated and served upon the Tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;
C. Inform the Tenant of the right to request a reasonable accommodation;
D. Inform the Tenant of the contact number for the Program Administrator; and
E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction.
(d) 1) For a Tenancy for which just cause is required to terminat e the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no -fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant's income, at the Owner's option, do one (1) of the following:
A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or
B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due.
2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the Tenant of the Tenant's right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waiv e the Rent for the final three (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy.
3) A. The amount of relocat ion assistance or Rent waiver shall be equal to three (3) months of the Tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within fifteen (15) calendar days of service of the notice.
B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to rec over possession.
C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
4) An Owner's failure to strictly comply with this section shall render the
City Council
26 –
11 10/17/2023
Ordinance No. NS -
notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.
2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
4) Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property.
5) Single-family Owner-occupied residences, including a residence in which the Owner -occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
6) A duplex in which the Owner occupied one (1) of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the previous fifteen (15) years.
8) Residential Real Property that is alienable separate from the ti tle to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one (1) member is a corporation.
B. i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8 -3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a
City Council
26 –
12 10/17/2023
Ordinance No. NS -
corporation."
ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement.
iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
iv. Addition of a provision containing the notice required under clause (i) to any new or renewed Rental Agreement or fixed- term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
9) Housing restricted by deed, regulato ry restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an a greement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, o r as an addendum to the lease or Rental Agreement.
3) The notification or lease provision shall be in no less than 12 -point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Tenants have continuously and l awfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information." (g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that:
1) Both of the following provisions apply:
A. The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic v iolence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one (1) of the following:
City Council
26 –
13 10/17/2023
Ordinance No. NS -
i. A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty (180) days pursuant to law that protects the Tenant or a household member from domestic violence, elder or
dependent adult abuse, sexual assault, human trafficking, or stalking; or
ii. The Tenant or a member of their household has filed a police report within the previous one hundred eighty (180) days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The Tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or
B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation.
3) The provisions of this Division shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27.
(h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of twenty-one (21) is a resident of the subject Rental Unit, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term.
(i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and
City Council
26 –
14 10/17/2023
Ordinance No. NS -
prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable.
(j) Any waiver of the rights under this section shall be void as contrar y to public policy.
(k) The Santa Ana City Council shall not amend the provisions of subsection (b)(1) regarding at-fault just cause and subsection (b)(2) regarding no-fault just cause, without approval by two-thirds (5/7) of all members of the City Council.
Section 6. Subsection (a) of Section 8-3140 (Prohibited Increases) of Division 3 (Rent Stabilization) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows:
Section 8-3140 – Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty percent (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles-Long Beach- Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for
a prohibited increase in Rent. The Santa Ana City Council shall not amend this Subsection to allow for increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or one hundred percent (100%) of the change in the Consumer Price Index, without approval by two-thirds (5/7) of all members of the City Council.
(b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that
year.
City Council
26 –
15 10/17/2023
Ordinance No. NS -
Section 7. Subsection (l) is added to Section 8 -3160 (Rental Registr y) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code as follows:
Sec. 8-3160. Rental registry.
Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following:
(a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article.
Registration of a Rental Unit shall not be complete until an Owner has:
1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management.
1) Whenever a change in owners hip of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Owner, within thirty (30) days of the close of escrow.
2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner's
Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner's property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the Owner or authorized agent changes.
(c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re -register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented. (d) Claim of Exemption. Any Landlord that is claiming any exemption from this
City Council
26 –
16 10/17/2023
Ordinance No. NS -
Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures.
(e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditi ons qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status.
(f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date.
(g) Contents of Registration Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form:
1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers;
4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move-in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in furtherance of the objectives of this Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct.
(i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law,
City Council
26 –
17 10/17/2023
Ordinance No. NS -
including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. (j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has:
1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Regis try Fee, imposed pursuant to this Article; and
2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division.
Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
(l) The Santa Ana City Council shall not amend the Rental Registry without approval by two-thirds (5/7) of all members of the City Council.
Section 8. Subsection (a) of Section 8-3161 (Rental Registry Fee) of Division 4 (Rental Registry and Rental Registry Fee) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code is hereby amended to read as follows:
Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article. (a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed th e amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. The Santa Ana City Council shall not amend the provisions establishing the Rental Registry Fee without approval by two- thirds (5/7) of all members of the City Council.
(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental
City Council
26 –
18 10/17/2023
Ordinance No. NS -
Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid-year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass -through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration F ee pass-through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass-through cost overpayment.
1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
Section 9. Subsection (g) is added to Section 8-3180 (Rental Housing Board) of Division 5 (Rental Housing Board) of Article XIX (Rent Stabilization and Just Cause Eviction Ordinance) of Chapter 8 (Buildings and Structures) o f the Santa Ana Municipal Code to read as follows:
Sec. 8-3180. Rental housing board.
There is hereby created and established a Rental Housing Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the following:
(a) Membership of Board . The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing
City Council
26 –
19 10/17/2023
Ordinance No. NS -
Board shall be comprised of:
1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and
3) Two (2) at -large Members with no financial interest in and no ownership of income-generating rental housing.
(b) Chairperson. The Board shall elect annually one (1) of its Members to serve in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the Board.
(d) Full Disclosure of Holdings . Nominees for the position of Boa rd Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limited to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations.
(e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator.
(g) Amendment of Rental Housing Board. The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council.
Section 10. The City Council fin ds 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 State CEQA Guidelines. Furthermore, the proposed Ordinance falls within the “c ommon sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 11. 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
City Council
26 –
20 10/17/2023
Ordinance No. NS -
more secti ons, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 12. This Ordinance shall become effective thirty (30) days after its adoption.
Section 13. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this day of , 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
City Council
26 –
21 10/17/2023
Ordinance No. NS -
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on .
Date:
City Clerk
City of Santa Ana
City Council
26 –
22 10/17/2023
City Attorney Office
www.santa-ana.org/city-attorneys-office
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections
AGENDA TITLE
Consider Whether to Adopt Resolutions Calling a General Municipal Election for November 5, 2024, Requesting Consolidation with the Statewide General Election, and Placing Ballot Measures Before the Voters Asking Whether to 1) Adopt a Rent Stabilization and Just Cause Eviction Ordinance and 2) Whether to Permit Noncitizen Voting in Municipal Elections
RECOMMENDED ACTION
Consider the following options:
1. Take no action; OR
2. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters proposing a Rent Stabilization and Just Cause Eviction Ordinance and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO
THE QUALIFIED VOTERS PROPOSING A RENT STABILIZATION AN JUST
CAUSE EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding
City Council
27 –
1 10/17/2023
Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023
3 8
0 3
projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”); AND/OR
3. Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 5, 2024 for the Submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in City municipal elections at which municipal officers are elected and requesting the Orange County Board of Supervisors to consolidate this election with the Statewide General Election.
RESOLUTION NO. 2023-XXX- A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO
THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA SHOULD
PERMIT NONCITIZEN VOTING IN CITY MUNICIPAL ELECTIONS AT WHICH
MUNICIPAL OFFICERS ARE ELECTED AND REQUESTING THE ORANGE
COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE STATEWIDE GENERAL ELECTION (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the “common sense” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”) GOVERNMENT CODE §84308 APPLIES:No
DISCUSSION
Rent Stabilization Ordinance
On October 19, 2021, the Santa Ana City Council adopted Ordinance No. NS-3009, the Rent Stabilization Ordinance (“RSO”). The City Council also adopted Ordinance No.
NS-3010 the Just Cause Eviction Ordinance (“JCEO”). Thereafter, on September 6, 2022, the City Council adopted a Long Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances (“The Plan”).
On October 18, 2022, the City Council adopted Ordinance No. NS-3027 (“The Ordinance”) which took the RSO and the JCE from Divisions 4 and 5 of Article X of Chapter 8 of the Santa Ana Municipal Code (“SAMC”) and restated them in Article XIX of Chapter 8 of the SAMC. In addition, Ordinance No. NS-3027 also amended the RSO
City Council
27 –
2 10/17/2023
Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023
3 8
0 3
and JCEO to provide for a Rental Housing Board, Rental Registry (with a Rental Registry Fee), and made other changes consistent with The Plan.
On August 29, 2023, Councilmember Phan brought forward Item 21 to discuss and consider directing the City Manager to prepare an ordinance for City Council’s consideration to amend the City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance to require a supermajority approval of the total number of Councilmembers for certain future amendments to the Ordinance. The City Council discussed the matter at the August 29, 2023 Special City Council Meeting and a majority of the City Council gave direction to the City Manager to research and return to the City Council options for their consideration by October 3, 2023.
On September 19, 2023, Councilmember Phan brought forward Item 26 to discuss and consider directing the City Attorney to prepare a City Council initiated ballot measure for voter approval affirming the City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance for the November 5, 2024 General Presidential Election. The City Council discussed the matter and a majority of the City Council gave direction to the City Attorney to prepare the requested ballot measure.
On October 3, 2023, staff brought forward Item 18 which was a combination of the direction given by a majority of the City Council at the August 29th and September 19th City Council meetings. A majority of the City Council introduced and approved the first reading of an Ordinance Amending the Rent Stabilization and Just Cause Eviction Ordinance to Require Two-Thirds Approval of all Members of the City Council for Certain Future Amendments and gave direction to return at the next meeting with a ballot measure asking the People of the City of Santa Ana whether to adopt a Rent Stabilization and Just Cause Eviction Ordinance.
Noncitizen Voting
On September 19, 2023, the City Council addressed a Councilmember-requested item (Item 26) to discuss whether to permit noncitizen voting in municipal elections and directed staff to prepare a ballot measure for the City Council’s consideration.
FISCAL IMPACT
Estimated costs for a City General Municipal Election on November 5, 2024 are $279,085 - $327,742. This estimate is based upon the following:
1. Consolidated election $157,348 - $200,262
2. The cost of postage for vote-by-mail return envelopes $71,754 - $77,498
3. The cost recovery for 2019-20 purchase of new election equipment $41,483.
4. The cost of one measure (3000 words and 2 pages) $8,500. (Each additional measure (3000 words and 2 pages) $8,500.)
City Council
27 –
3 10/17/2023
Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections October 17, 2023
3 8
0 3
Sufficient funds to accommodate the 2024 General Municipal Election will be presented to City Council for consideration during the FY 2024-25 budget approval process.
EXHIBIT(S)
1. Resolution of the City Council of the City of Santa Ana Calling and Giving Notice of a General Municipal Election to be Held in the City of Santa Ana on November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters Proposing a Rent Stabilization and Just Cause Eviction Ordinance and Requesting Consolidation with the Statewide General Election
2. Resolution of the City Council of the City of Santa Ana Calling and Giving Notice of a General Municipal Election to be Held in the City of Santa Ana on November 5, 2024 for the Submission of a Ballot Measure to the Qualified Voters Asking if the City of Santa Ana Should Permit Noncitizen Voting in City Municipal Elections at Which Municipal Officers are Elected and Requesting Consolidation with the Statewide General Election
Submitted By: Sonia Carvalho, City Attorney
Approved By: Steven A. Mendoza, Assistant City Manager
City Council
27 –
4 10/17/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS PROPOSING A RENT
STABILIZATION AND JUST CAUSE EVICTION
ORDINANCE AND REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE THIS
ELECTION WITH THE STATEWIDE GENERAL ELECTION
WHEREAS, on October 19, 2021, pursuant to the City of Santa Ana’s police powers under Charter Section 200 and Article XI, Section 7 of the California Constitution, the Santa Ana City Council adopted Ordi nance No. NS -3009 known as the Rent Stabilization Ordinance (“RSO”) and Ordinance No. NS -3010 known as the Just Cause Eviction Ordinance (“JCEO”). At the time, these Ordinances were codified in Article X of the Santa Ana Municipal Code in Division 4 (RSO) and Division 5 (JCEO);
WHEREAS, on October 19, 2021, the Santa Ana City Council also adopted Resolution No. 2021 -054 directing staff to (1) conduct further study of the regulatory framework and infrastructure necessary to implement residential rent stabi lization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and (2) include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof;
WHEREAS, on September 6, 2 022, staff presented the Long -Term Implementation Plan for the RSO and JCEO (“The Plan”) to the City Council. The Plan detailed various best practices based on findings from local sample jurisdictions in California with similar ordinances;
WHEREAS, on September 6, 2022, the Santa Ana City Council adopted The Plan and provided direction to staff to prepare amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and to promote long-term sustainability of the programs;
WHEREAS, On October 18, 2022, the City Counci l adopted Ordinance No. NS - 3027 which moved the RSO and JCEO from Article X of the Santa Ana Municipal Code to Article XIX of the Santa Ana Municipal Code. Ordinance No. NS -3027 also amended the RSO and JCEO to include provisions consistent with The Plan including , but not limited to, creation of a Rental Ho using Board and Rental Registry (“The Council Ordinance”);
City Council
27 –
5 10/17/2023
Resolution No. 2023-XXX
WHEREAS, on October 3 , 2023, the Santa Ana City Council approved a first reading of an ordinance (Ordinance No. NS-____), amending the Council Ordinance to require two-thirds approval by all Members of the City Council to make certain future amendments to the Council Ordinance. A second reading was held on October 17, 2023;
WHEREAS, the City Council desires to place a measure on the ballot seeking Santa Ana voter approval of an ordinance containing the same text as Ordinance No. NS- ____ ; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council is authorized to submit this measure to the voters at the November 5, 2024 General Municipal Election; and;
WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure described herein with the Statewide General Election to be held on November 5, 2024; and
WHEREAS, the specific terms of the measure to be considered by the qualified voters is attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and ar e hereby incorporated by reference.
Section 2 Pursuant to the California Elections Code section 9222 , and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting the ballot Measure attached hereto as Exhibit “A” and incorporated herein by reference to the qualified voters of the City of Santa Ana.
Section 3. The City Council hereby orders that the following ballot question for the proposed Measure be submitted to the qualified electors of the City of Santa Ana , in accordance with the California Elections Code:
MEASURE ___
Shall the measure adopting a Rent Stabilization and Just Cause Eviction Ordinance be adopted?
Yes
No
City Council
27 –
6 10/17/2023
Resolution No. 2023-XXX
Section 4. If the Measure receives a majority of the votes cast on it at the election, the Measure shall be approved and adopted accordingly.
Section 5. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The ballots to be used at the election shall be in form and content as required by law.
Section 6. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Santa Ana as may be requested by the City Clerk of said City, the County of Orange to be reimbursed in full for such services as are performed.
Section 7. The election services requested by the City of the County Registrar of Voters , or such other official as may be appropriate and which officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing, and mailing of sample ballots and voter information guides ; the establishment or appointment of precincts, voting centers, and election officers; opening and closing of voting centers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths, and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk; and the performance of such other election services as may be requested by the City Clerk.
Section 8. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange.
Section 9. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
Section 10. The City Clerk is hereby directed to transmit a copy of the Measure set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether
City Council
27 –
7 10/17/2023
Resolution No. 2023-XXX
the Measure was placed on the ballot by a petition signed by th e requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (714) 647-6520 and a copy will be mailed at no cost to you.” The impartial analysis shall be filed no later than the deadline for direct arguments.
Section 11. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.
Section 12. All persons qualified to vote at municipal elections in the City on the day of election herein provided shall be qualified to vote on the Measure hereby submitted at the General Municipal Election.
Section 13. In all particulars not recited in the Resolution, the election shall be held and conducted as provided by law for holding general municipal elections in the City.
Section 14. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.
Section 15. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.
Section 16. Pursuant to California Elections Code Section 9295, this Resolution and the attached Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
Section 17. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in section 15378 of the State CEQA Guidelin es. Furthermore, the Resolution falls within the “common sens e” CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 18. 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
City Council
27 –
8 10/17/2023
Resolution No. 2023-XXX
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 19. This Resolution shall take effect immediat ely upon its adoption by a majority of the City Council.
Section 20. The City Clerk is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty -eight (88) days before the date of the election.
ADOPTED this ____ day of _____, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
City Council
27 –
9 10/17/2023
Exhibit A
1 ORDINANCE NO. NS-XXXX
MEASURE “___”
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA ADOPTING A RENT STABILIZATION AND
JUST CAUSE EVICTION ORDINANCE
THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:
Section 1. The People of the City of Sa nta Ana her eby adopt a Rent Stabilization and Just Cause Eviction Ordinance and it shall read as follows:
ARTICLE XIX. – RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE
DIVISION 1. – GENERALLY
Section 8-3100 – Title
This Article shall be known in its entirety as the “City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance” and, for the sake of convenience, as the “Rent Stabilization and Just Cause Eviction Ordinance.”
Sec. 8-3101. Reserved.
Section 8-3102 – Definitions
a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended.
b) Words and phrases used in this Article, which are not specifically defined, shall be construed according to their context and the customary usage of the language.
c) Words and phrases defined:
“Annual Allowable Rent Adjustment” means the limit on the Maximum Allowable Rent Increase, which a Landlord may charge on any Rental Unit each year.
“Capital Improvement” means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or
City Council
27 –
10 10/17/2023
2 mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children’s play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of completion or after a Notice of Violation by a government agency ordering repairs.
“City” means the City of Santa Ana.
"Hearing Officer” means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article.
“Housing Services” means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located.
“Landlord” or “Owner” means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord.
"Mediator” means a person whom the Program Administrator determines meets all of the following criteria:
1) Has received forty (40) to eighty (80) hours of formal training in mediation, including training in anti-racism, elimination of bias, diversity, equity, inclusion, and cultural competency; and,
City Council
27 –
11 10/17/2023
3 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes.
“Mobilehome” means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
“Mobilehome Space” means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9, or a resident, as defined in Civil Code section 798.11.
“Mobilehome Park” means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation.
“Net Operating Income” means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses).
“Operating Expenses” means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs.
“Program Administrator” is a person designated by the City Manager to administer the provisions of this Article.
“Rental Registry Fee” or “Fee” means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article.
“Rent” means all periodic compensation, including all non-monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the Tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome
City Council
27 –
12 10/17/2023
4 Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable.
“Rent Increase” means any additional Rent demanded of or paid by a Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit.
“Rental Agreement” means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable.
“Rental Housing Board” or “Board” means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code.
“Rental Registry” means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee.
“Rental Unit” means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article.
“Residential Real Property” or “Residential Property” means any housing unit, including a room or group of rooms designed and intended for occupancy by one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the City.
“Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park.
“Tenant” means any renter, tenant, subtenant, lessee, sub-lessee, roommate with Landlord’s consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or
City Council
27 –
13 10/17/2023
5 federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to pay the Rent for a Rental Unit.
Section 8-3103 – Implementing Regulations, Policies and Procedures
(a) The City Manager or Program Administrator shall have the authority to promulgate regulations, policies and pr ocedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, policies and procedures.
(b) The Santa Ana City Council shall not amend this Section without approval by two-thirds (5/7) of all members of the City Council.
Section 8-3104 – Mobilehome Residency Law
The p rovisions of this Article shall not supersede the regulations of the state Mobilehome Residency Law, Civil Code section 798 , et seq. , as applicable. If there is any conflict between the terms of this Article and the Mobilehome Residency Law, the Mobilehome Residency Law shall prevail.
Secs. 8-3105 - 8-3119. Reserved.
DIVISION 2. – JUST CAUSE EVICTIONS
Section 8-3120 – Restrictions on Termination of Tenancy without Just Cause
(a) After a Tenant has continuously and lawfully occupied a Residential Real Property for thirty (30) days, the Owner of the Residential Real Property shall not terminate the Tenancy without just cause, which shall be stated in the written noti ce to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residency Law, Civil Code section 798.56, as applicable.
1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to
immigration or citizenship status of Tenant found under Civil Code section 1940.35 and Code of Civil Procedure
section 1161.4, as may be amended. Notice must be
posted in a conspicuous location on the property. The
City Council
27 –
14 10/17/2023
6 notice shall be written in the language that the Ow ner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as
well as English.
2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any Residential Real Property or Mobilehome Space, is required to provide written notice to Tenants of their rights under this Division as follows:
A. The notice required by this Division must be on a
form prescribed by the City and include the following
information:
i. The existence and scope of this Division 2 of
Article XIX of Chapter 8 of the Santa Ana
Municipal Code; and
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2)
herein.
B. The Owner must provide Tenant with the notic e
upon serving any notice of change in terms of
Tenancy.
C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the
effective date of this Division.
(b) For purposes of this section, "just cause" includes either of the following:
1) At-fault just cause, which is any of the following:
A. Default in the payment of Rent.
B. A breach of a material term of the lease, as
described in paragraph (3) of Section 1161 of the
Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being
issued a written notice to correct the violation. A
"breach of a material term" shall not include:
i. The obligation to limit occupancy, provided
that the additional occupant who joins the
Tenant of the Residential Real Property
thereby exceeding the limits on occupancy
set forth in the lease is:
I. A dependent under age eighteen (18);
or
II. A replacement Tenant who moved in
after an approved Tenant vacated the
City Council
27 –
15 10/17/2023
7 Residential Real Property, so l ong as
the addition does not exceed the
Uniform Housing Code.
i. The Owner shall have the right
to approve or deny the
prospective additional or
replacement Tenant, who is not
a minor dependent child,
provided that the Owner does
not unreasonably withhold
approval. If the Owner fails to
respond to the Tenant in writing
with a description of the reasons
for the denial of the request
within a reasonable amount of
time of receipt of the Tenant's
written request, the Tenant's
request shall be deemed
approved b y the Owner if the
lease is for a period of one (1)
year or less.
ii. A change in the terms of the
Tenancy that is not the result of
an express written agreement
signed by both of the parties. An
Owner is not required to obtain
a Tenant's written consent to a
change in the terms of the
Tenancy if the change in the
terms of the Tenancy is
authorized by this section, or if
the Owner is required to change
the terms of the Tenancy
pursuant to federal, State, or
local law. Nothing in this
subsection shall exemp t an
Owner from providing legally
required notice of a change in
the terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
City Council
27 –
16 10/17/2023
8 E. The Tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, th e Tenant has
refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
F. Criminal activity by th e Tenant on the Residential Real Property, including any common areas, or any criminal
activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the Residential Real Property, that is directed at any Owner or ag ent of the Owner of the Residential Real Property or members of
Tenant's household or other Tenants of the Residential
Real Property. This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at -fault, just cause eviction of a Tenant under this provision shall only apply to that Tenant who committed the criminal activity described herein. If a Tenant is acquitted or found not guilty of the charges giving rise to ev iction, or if charges are not filed against the Tenant within the applicable statute of limitations period, the Tenant shall be offered the right to restore the Tenancy only if the same Residential Real
Property is available.
G. Assigning or subletting th e premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
i. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy
based on a Te nant's sublease of the Residential Real
Property if all the following requirements are met:
I. The Tenant requests permission from the Owner in
writing to sublease the Residential Real Property;
II. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces one (1) or more departed
Tenants under the lease on a one-for-one basis; and
IV. The Owner fails to respond to the Tenant in writing within a reasonable amount of time of the receipt of
the Tenant's written request. If the Owner fails to
respond to the Tenant's written request, the request
shall be deemed approved by the Owner if the lease
is for a period of one (1) year or less. An Owner's
City Council
27 –
17 10/17/2023
9 reasonable refusal of the Tenant's written request
may be based on, but is not limited to, the ground
that the total number of occupants in a Residential
Real Property exceeds the maximum number of
occupants as determined under Section 503(b) of
the Uniform Housing Code or successor provision.
H. The Tenant's refusal to allow the Owner to enter the Residential Real Property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
I. Using the premises for an unlawful purpose as described i n paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the Tenant fails to deliver possession of the Residential Real Property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property, or makes a w ritten offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
2) No-fault just cause, which includes any of the following:
A.i. Intent to occupy the Residential Real Property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the Residential Real Property for a period of at least twenty - four (24) months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as d escribed in this clause to a new or renewed Rental Agreement or fixed- term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
B. Withdrawal of the Residential Real Property from the rental market for an anticipate d period of at least twenty -four (24) months, as affirmed by the Owner in a written affidavit submitted to the City.
City Council
27 –
18 10/17/2023
10 C. i. The Owner complying with any of the following:
I. An order issued by a government agency or court relating to habitability that nec essitates vacating the Residential Real Property.
II. An order issued by a government agency or court to vacate the Residential Real Property.
III. A local ordinance that necessitates vacating the
Residential Real Property.
ii. If it is determined by an y government agency or court that the Tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the Tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
D. i. Intent to demolish or to substantially remodel the Residential Real Property.
i.I. The Owner shall provide advance notice to the Tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the Tenant, the r ight of first refusal to any comparable vacant Rental Unit which has been offered at comparable Rent owned by the Owner; and
II. In the event the Owner seeks to rent the remodeled
unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the Tenant of their right to reoccupy the premises pursuant to this subsection.
iii. For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the
abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place
and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days. Cosmetic
improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Residential Real Property vacated, do not qualify as a substantial remodel.
(c) Before an Owner of Resident ial Real Property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation
City Council
27 –
19 10/17/2023
11 pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.
1) Any written notice to cease or correct must:
A. Be dated and served upon the Tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
B. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;
C. Inform the Tenant of the right to request a reasonable accommodation;
D. Inform the Tenant of the contact number for the Program Administrator; and
E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the Tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction.
(d) 1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of Residential Real Property issues a termination notice based on a no -fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the Tenant's income, at the Owner's option, do one (1) of the following:
A. Assist the Tenant to relocate by providing a direct payment to the Tenant as described in paragraph 3; or
B. Waive in writing the payment of Rent for the final three (3) months of the Tenancy, prior to the Rent becoming due.
2) If an Owner issue s a notice to terminate a Tenancy for no -fault just cause, the Owner shall notify the Tenant of the Tenant's right to relocation assistance or Rent waiver and all other rights pursuant to this section. If the Owner elects to waive the Rent for the final th ree (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of Rent waived and that no Rent is due for the final three (3) months of the Tenancy.
3) A. The amount of relocation assistance or Rent waiv er shall be equal to three (3) months of the Tenant's Rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within fifteen (15) calendar days of service of the notice.
B. If a Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or Rent waiver provided pursuant to this subdivision
City Council
27 –
20 10/17/2023
12 shall be recoverable as damages in an action to recover possession.
C. The relocation assistance or Rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
4) An Owner's failure to strictly comply with this section shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.
2) Housing accommodations in a nonpr ofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 o f the Manual of Policies and Procedures published by the State Department of Social Services.
3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
4) Housing accommodations in wh ich the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Real Property.
5) Single-family Owner-occupied residences, including a residence in which the Owner -occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
6) A duplex in which the Owner occupied one (1) of the units as the Owner's principal place of residence at the beginning o f the Tenancy, so long as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the previous fifteen (15) years.
8) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one (1) member is a corporation.
B. i. The Tenants have been provided written notice that the Residential Property is exempt from this section using the
City Council
27 –
21 10/17/2023
13 following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 2. This property meets the requirements of Santa Ana Municipal Code section 8 -3120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenu e Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the Rental Agreement.
iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
iv. Addition of a provision containing the notice req uired under clause (i) to any new or renewed Rental Agreement or
fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of
subdivision (b).
9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housi ng subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An Owner of Residential Real Property subject to this section shall provide notice to the Tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.
2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or Rental Agreement.
3) The notification or lease provision shall be in no less than 12 -point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the Tenants have continuously and lawfully occupied the property for at least thirty (30) days, a n Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information."
City Council
27 –
22 10/17/2023
14 (g) It shall be a defense to an action for possession of a Rental Unit under this Division if a trier of fact determines that:
1) Both of the following provisions apply:
A. The Tenant or Tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one (1) of the following:
i. A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty (180) days pursuant to law that protects the Tenant or a household member from domestic violence, elder or
dependent adult abuse, sexual assault, human trafficking, or stalking; or
ii. The Tenant or a membe r of their household has filed a police report within the previous one hundred eighty (180) days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human
trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the Tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The Tenant or the person protected by a court order or who filed a police report allows the person aga inst whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or
B. The Owner r easonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or sta lking poses a physical threat to other Tenants, guests, invitees, or to a Tenant's right to quiet enjoyment and the Owner previously gave the Tenant a three (3) day written notice to cease and correct this violation. 3) The provisions of this Division sha ll not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual
City Council
27 –
23 10/17/2023
15 assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in Civil Code section 1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. (h) It shall be a defense to a no fault just cause action for possession of a Rental Unit under this Division if a person under the age of twenty -one (21) is a resident of the subject Rental Un it, or has a custodial or family relationship with a Tenant in the subject Rental Unit, and who is registered and actively attending any level of school during a specified school term. (i) At least sixty (60) days prior to the sale of a Mobilehome Park, t he Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park, including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the Mobilehome Park to be sold to find adequate housing in a Mobilehome Park, as applicable.
(j) Any waiver of the rights under this section shall be void as contrary to public policy.
(k) The Santa Ana City Council shall not a mend the provisions of subsection (b)(1) regarding at-fault just cause and subsection (b)(2) regarding no-fault just cause, without approval by two-thirds (5/7) of all members of the City Council.
Section 8-3121 – Notice of Termination of Tenancy.
(a) When t erminating a T enancy either at-fault or n o-fault, an Owner must comply with all of the following:
1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the Tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in section 8-3120(b); and
2) The Owner has no t accepted and will not accept Rent or any other consideration in return for the continued use of the Residential Property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and
3) The Owner qualifies the termination as at-fault or no-fault just cause, as specified in section 8-3120(b); and
4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed und er penalty of perjury, on the Tenant, through the City’s Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section.
City Council
27 –
24 10/17/2023
16 5) The Owner must provide the notice in the language that the Owner and Tenant used to negotiate the terms of the Tenancy, in addition to English.
Section 8-3122 – Retaliatory Eviction and Anti-Harassment.
(a) Retaliatory Eviction.
1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is ret aliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily.
2) A Tenant may assert retaliation affirmatively or as a defense to the Owner’s action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation.
3) Retaliation against a Tenant because of the Tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation.
(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, offering Residential Real Property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to Residential Real Property under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following:
1) Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3.
A. ‘Interrupt, terminate, or fail to provide Housing Services’ in this provision does not include interruptions, terminations, or failure to provide Housing Services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to Tenants as required by a signed Rental Agreement.
City Council
27 –
25 10/17/2023
17 2) Take any of the following actions in bad faith:
A. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
B. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
D. Conduct elective renovation or construction of unit for the purpose of harassing a Tenant;
E. Refuse to acknowledge or accep t receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
F. Refuse to cash or process a Rent che ck or other form of acceptable Rent payment for over thirty (30) days after it is tendered;
G. Fail to maintain a current address for delivery of Rent payments;
H. Violate a Tenant's right to privacy withou t limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qua lifications for a Tenancy;
I. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
J. Request or demand an unreasona ble amount of information from Tenant in response to a request for reasonable
accommodation.
3) Abuse the right of access into Residential Real Property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; ent ries that improperly target certain Tenants or are used to collect evidence against the occupant or
City Council
27 –
26 10/17/2023
18 otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing Residential Real Property.
4) Influence or attempt to influence a Tenant to vacate Residential Real Property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.
5) Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in -person conversations, through social media postings or messages, or other communications.
6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic backgr ound, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.
7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts know n to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.
8) Remove from the Rental Unit personal property, furnishings, or an y other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.
9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, incl uding mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a Tenant:
A. Sign a n ew Rental Agreement not in the Tenant's primary language if:
City Council
27 –
27 10/17/2023
19 i. Rental Agreement nego tiations were conducted in the Tenant's primary language;
ii. The existing Rental Agreement is in the Tenant's primary language; or
iii. Owner is otherwise aware that the new Rental
Agreement is not in Tenant's primary language.
B. Enter into a Rent re payment plan if the Owner states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans.
10) Offer payments to:
A. A Tenant to vacate more than onc e in six ( 6) months, after the Tenant has notified the Owner in writing that the Tenant does not desire to receive further offers of payments to vacate;
B. Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
11) Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, co nfusing, deceiving or annoying Tenant.
12) Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.
13) Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation t o such occupancy.
14) Remove a housing service for the purpose of causing the Tenant to vacate the Residential Real Property. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move.
City Council
27 –
28 10/17/2023
20 15) Interfere with the r ight of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to invo lve themselves in their project in common areas, including lobby areas and bulletin boards.
16) Threatening or intimidating a Tenant based on their immigration or citizenship status or otherwise disclosing a Tenant’s immigration or citizenship status in viola tion of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended.
Secs. 8-3123 - 8-3139. - Reserved.
DIVISION 3. – RENT STABILIZATION
Section 8-3140 – Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty percent (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa - Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no Rent Increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach - Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City’s calculation pursuant to su bsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in Rent. The Santa Ana City Council shall not amend this Subsection to allow for increases in Rent on Residential Real Property or Mobilehome Sp aces in the City of Santa Ana in excess of three percent (3%), or one hundred percent (100%) of the change in the Consumer Price Index, without approval by two-thirds (5/7) of all members of the City Council.
City Council
27 –
29 10/17/2023
21 (b) No later than June 30 each year, beginning with the year 2022, the City shall announce the amount of allowable Rent Increase based on subsection (a) herein, which shall be effective as of September 1 of that year.
Section 8-3141 – Reasonable Rate of Return.
This ordinance allows for an annual adjustment of Residential Real Property or Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index-based increase is found and determined to provide a just an d reasonable return on a n Owner’s property, and has been adopted to encourage good management, reward efficiency , and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the p urpose of curtailing excessive Rents and rental increases. Notwithstanding the for egoing, however, any Owner of Residential Real Property or a Mobilehome Park who contends that the limit on rental increases set forth in Section 8-3140 above will prevent t he Owner from receiving a fair and reasonable return on their property may petition for re lief from the cap set forth in section 8-3140 pursuant to the procedures set forth in this Division.
Section 8-3142 – Fair Return Petition for Rent Increase.
(a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit.
(b) Standard of Review. All relevant factors shall be considered when evaluating a Fair Return Petition, including, but not limited to, the following:
1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the Bureau of Labor Statistics;
2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent Increase if no previous Fair Return Petition has been made;
4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit;
City Council
27 –
30 10/17/2023
22 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit;
7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants;
8) Changes in reasonable Operating Expenses;
9) Changes in Net Operating Income;
10) The need for repairs caused by circumstances other than ordinary wear and tear;
11) The amount and quality of Housing Services provided by the Landlord to the Tenants;
12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and
13) Landlord’s substantial compliance with this Article and applicable housing, health and safety codes.
Section 8-3143 – Capital Improvement Petition
(a) Effective July 1, 2023, or as modified by resolution of the City Council, a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass-through cost to the Tenants to cover expenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions:
1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance);
2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition;
3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement;
5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to any period of time that the Tenant was not entitled to use and occupy the Rental Unit;
6) The Landlord may not require a Tenant to pay more than the Tenant’s share of the cost attributable to that Tenant’s Rental Unit that is permitted to be passed through to the Tenant;
7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be
City Council
27 –
31 10/17/2023
23 so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited; 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a “use fee” is charged (i.e. – coin operated washer and dryers); and,
9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall they be considered Rent for purposes of calculating a Rent Increase.
(b) Calculating Capital Improvements. Any Capital Improvement pass- through cost must be calculated according to the following:
1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement pass-through amounts;
2) For mixed-use structures and Landlord-occupied Rental Units, only the percent of residential square footage will be applied in the calculations;
3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. – insurance, court-awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluating a Capital Improvement Petition, including the following:
1) Capital Improvement completed;
2) Landlord’s Petition made within two (2) years of completion of Capital Improvement;
3) Distinguished from ordinary repair or maintenance;
4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit;
6) No “use fee” or other charge imposed on Tenants for its use; and, 7) Cost-factored and amortized.
Section 8-3144 – Tenant Petition
City Council
27 –
32 10/17/2023
24 (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the procedures set forth in this Division on any one (1) or more of the following grounds:
1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase;
2) To request a reduction in Rent based on decreased Housing Services;
3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations;
4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or,
5) For any other violation of this Article by the Landlord.
(b) Tenant’s time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits:
1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent; 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article; and,
3) For any other violation(s) of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s).
(c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following:
1) Landlord allows violations of this Article or other applicable state and local statutes to persist;
2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear;
4) Landlord’s failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord’s failure to comply substantially with this Article or applicable housing, health and safety codes.
City Council
27 –
33 10/17/2023
25 (d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated.
Section 8-3145 – Petition Process
A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a “party” to the Petition.
The Program Administrator shall promulgate regulations regarding procedures for Petitions filed under this Article. Petitions shall be governed by such regulations and by the provisions of this Section. Petitions shall be available in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
(a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Division.
(b) Filing Fee. Fees for the filing of any Petition shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule.
(c) Prior Petition. Notwithstanding any other provision of this Division, no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days.
(d) No Landlord Petition or upward adjustment of Rent shall be authorized under this Division if the Landlord:
1) Has continued to fail to comply, after order of the Board, with any provisions of this Article and/or orders or regulations issued thereunder by the Board; or,
2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability.
(e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the
City Council
27 –
34 10/17/2023
26 right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party.
(f) Hearing Officer. An impartial Hearing Officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers:
1) To make a determination on a Petition; and
2) Any other powers delegated to the Hearing Officer by the Board. (g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its own motion, in the Board’s sole discretion, may hold a hearing on a Petition without the Petition first being heard by a Hearing Officer.
(h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time, date, and place of the hearing.
(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying the same building shall be consolidated for hearing, unless the Program Administrator or Hearing Officer finds good cause not to consolidate such Petitions.
(j) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, or any other persons designated by said parties.
(k) Rules of Evidence. Formal rules of evidence shall not be applicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the Hearing Officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer.
(l) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The Hearing Officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The Hearing Officer may request the City to conduct a current building inspection if the Hearing Officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under
City Council
27 –
35 10/17/2023
27 this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied.
(m) Quantum of Proof. The party who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearing.
(n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on any Petition within a reasonable time.
(o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall provide a written statement of decision, including findings upon which the determination is based. The Hearing Officer’s decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division.
(p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded.
(q) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer’s decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code.
(r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer’s decision been the same as that of the Board.
City Council
27 –
36 10/17/2023
28 Section 8-3146 – Voluntary Mediation
(a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a Mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence.
(b) It is the intent and purpose of mediation to provide a process in which Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process.
(c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the Mediator is to facilitate open communication to resolve a dispute in a non-adversarial and confidential manner.
(d) If the Landlord and Tenant agree to a resolution, the Mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the Mediator confines the assistance to stating the settlement as determined by the parties. Such agreement shall constitute a legally enforceable contract.
(e) Should the parties fail to agree to a resolution, or the Mediator determines that the parties have reached an impasse, the Mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division.
(f) All documents and results related to mediations and facilitations held pursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding.
(g) The Mediator and/or Program Administrator shall provide documentation and translation services in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English.
City Council
27 –
37 10/17/2023
29 Section 8-3147 – Exemptions.
(a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating t he amount of Rent that a Residential Real Property Owner may charge shall not apply to the following: any Residential Real Property that has a certificate of occupancy issued after February 1, 1995 ( California Civil Code section 1954.52(a)(1)); and, any ot her provisions of the Costa -Hawkins Rental Housing Act addressing exemptions, as applicable.
(b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to a long term (more than one year) Rental Agreement ( California Civil Code section 798.17); any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as a person’s primary residence that are not being leased to someone else ( California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable.
(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a Residential Real Property Owner may charge shall not apply to the following:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Hea lth and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Housing that has been issued a certificate of occupancy within the previous 15 years.
(4) Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.
City Council
27 –
38 10/17/2023
30 ii. A corporation.
iii. A limited li ability company in which at least one member is a corporation.
B.
i. The Tenants have been provided written notice that the Residential Real Property is exempt from this section
using the following statement:
“This property is not subject to the Rent limits
imposed by Santa Ana Municipal Code section 8 -
3140 and the Owner is not any of the following: (1) a
real estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one
member is a corporation.”
ii. For a Tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to be provided in the Rental Agreement.
iii. For a Tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the Rental Agreement.
(5) A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principa l place of residence at the beginning of the Tenancy so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
Section 8-3148 – Rent Increase Ineffective.
No Rent Increase shall be effective if the Owner:
(a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or
(b) Fails to maintain the Residential Real Property or Mobilehome Space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10 , except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code sec tion 18200, et seq.; Manufactured Housing Act, Health
City Council
27 –
39 10/17/2023
31 and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or
(c) Fails to make repairs ord ered by the City or court of competent jurisdiction.
(d) No Rent Increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3149 – Notice Requirements.
(a) An Owner of any Residential Real Property or Mobilehome Space subject to this provision sha ll, on or before the date of commencement of a Tenancy, give the Tenant a written notice in a form prescribed by the City which must include the following information:
(1) The existence and scope of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division.
(b) As part of any notice to increase Rent, an Owner must include:
(1) Notice of the existence of this Division 3 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and
(2) The Tenant’s right to respond to any Fair Return or Capital Improvement Petition filed with the City by the Owner pursuant to this Division, unless such Rent Increase is pursuant to an approved Fair Return Petition.
(3) No Rent Increase shall take effect until the requirements of this Division have been met.
(c) The Owner must give notice s to the Tenant in the language t hat the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English.
(d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal.
City Council
27 –
40 10/17/2023
32 Secs. 8-3150 - 8-3159. - Reserved.
DIVISION 4. – RENTAL REGISTRY AND RENTAL REGISTRY FEE
Section 8-3160 – Rental Registry
Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Regi stration Forms for each Rental Unit pursuant to the following:
(a) Initial Registration. A Landlord must file an initial Registration Form with the City for each Rental Unit that is subject to the provisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has:
1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management.
1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new Own er, within thirty (30) days of the close of escrow.
2) The new Owner is required to file a Registration Form with the City within sixty (60) days of such change. The new Owner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new Owner and of the new Owner's property manager or representative, and a declaration that the new Owner served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a cha nge of the property management or authorized agent or if the address of the Owner or authorized agent changes.
(c) Re-Registration Following a Vacancy. A Landlord shall, in the manner described herein, re -register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re-rented.
City Council
27 –
41 10/17/2023
33 (d) Claim of Exemption. Any Landlord that is claiming any exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form ap proved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not s ubmitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by th e Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures.
(e) Termination of Exemption. Any time a Rental Unit that has been exempted under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status.
(f) Annual Requirement. For the subsequent years after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before July 1 of each year. The Rental Housing Board may modify the annual registration date.
(g) Contents of Registra tion Form. The Rental Registration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form:
1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current Owners, authorized representatives and property managers; 4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move-in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and procedures that require additional information to be collected and recorded in Registration Forms in fu rtherance of the objectives of this Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information prov ided in the Rental Registration Form is true and correct.
City Council
27 –
42 10/17/2023
34 (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent In crease and notice of eviction, shall be provided to the City through the Rental Registry portal. (j) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has:
1) Paid all fees and penalties owed to the City with res pect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and
2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures a dopted by the Board and/or Program Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or reque st, and no Rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
(l) The Santa Ana City Council shall not amend the Rental Registry without approval by two-thirds (5/7) of all members of the City Council.
Section 8-3161 – Rental Registry Fee
Effective July 1, 2023, or as modified by resolution of the City Council, an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement, administer, monitor, support, and enforce the provisions of this Article.
(a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by the City Council to be necessary to administer the provisions of this Article, and the City Council's findings in this regard shall be final. The Santa Ana City Council shall not amend the provisions establishing the Rental Registry Fee without approval by two -thirds (5/7) of all members of the City Council.
City Council
27 –
43 10/17/2023
35 (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid-year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal mo nthly installments. The Fee pass -through shall not be considered part of the Rent in calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid Registration Fee pass -through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass-through cost overpayment.
1) No Pass-Through for Subsidized Tenants. No portion of the Registration Fee may be passed through to Tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
Section 8-3162 – Education and Outreach.
The Program Administrator shall have the authority to contract with community- based organizations for them to assist in the education and outreach related to this Article.
Secs. 8-3163 - 8-3179. - Reserved.
City Council
27 –
44 10/17/2023
36 DIVISION 5. – RENTAL HOUSING BOARD
Section 8-3180 – Rental Housing Board
There is hereby created and established a Rental Housing Board to perform the functions designated in this Ar ticle. The composition of the Board and selection of Board Members shall be based upon the following:
(a) Membership of Board . The Rental Housing Board shall consist of seven (7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to be approved by the City Council, in an equitable order based upon a random lottery process. The Board Members of the Rental Housing Board shall be comprised of:
1) Three (3) Tenants, including at least one (1) Mobilehome Tenant; 2) Two (2) Landlords; and
3) Two (2) at -large Members with no financial interest in and no ownership of income-generating rental housing.
(b) Chairperson. The Board shall elect annually one (1) of its Members to serve in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the Board.
(d) Full Disclosure of Holdings . Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property, including, but not limit ed to, ownership, sale or management of real property during the previous three (3) years. The Board may promulgate additional regulations.
(e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residing at the subject property, or has any other form of conflict of interest.
(f) Training Required . All Board members shall attend training as designated by the Program Administrator.
(g) Amendment of Rental Housing Board. The Santa Ana City Council shall not amend this Section without approval by two -thirds (5/7) of all members of the City Council.
Section 8-3181 – Rental Housing Board Member Term and Compensation
(a) Term. Board Members shall serve for a term of four (4) years or until their respective successors are appointed or qualified, but in no event shall any persons be
City Council
27 –
45 10/17/2023
37 eligible for reappointment who has served three (3) consecutive terms of four (4) years each, irrespective of what seat or seats the Board Member is appointed to by the City Council. However, the City Council may remove a Board Member at any time for any reason.
(b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance.
Section 8-3182 – Rental Housing Board Powers and Duties
(a) The Rental Housing Board shall have the following powers and duties:
1) To hold regular meetings at least once each calendar month, or as needed, as fixed by the by-laws of the Board.
2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City’s Miscellaneous Fee Schedule.
3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, Hearing Officers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the purpose of this Article. 5) Any other duties as necessary to administer and enforce this Article.
6) Such other duties as are designated by resolution of the City Council.
Section 8-3183 – Rental Housing Board Policies and Procedures
The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the purposes of the Article.
Section 8-3184 – Rental Housing Board Meetings
(a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law.
City Council
27 –
46 10/17/2023
38 (b) Quorum. Four (4) members of the Board shall constitute a quorum for the transaction of business.
(c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board.
Section 8-3185 – Judicial Review
Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board’s decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review.
DIVISION 6. – ENFORCEMENT AND REMEDIES
Section 8-3200 – Violations
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8.
(b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section.
(c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filing an action for injunctive relief pursuant to this section.
(d) Affirmative Defense. A Landlord’s failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit.
Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for
City Council
27 –
47 10/17/2023
39 wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees.
(e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense.
(f) Non-Exclusive. The remedies provided in this Article are not exclusive, and nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law, nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right.
Secs. 8-3201 - 8.3299. - Reserved.
Section 2. To the extent that changes in state or federal law adopted after this Ordinance, conflict with this Ordinance, the Sant a Ana City Council shall be authorized to make any changes and modifications necessary to conform to the changes in state or federal law without presenting the matter for a vote of the People of the City of Santa Ana.
Section 3. If approved by the voters, this Ordinance shall be codified in Article XIX of Chapter 8 of the Santa Ana Municipal Code.
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 O rdinance. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance and each section, subsec tion, 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. Pursuant to California Elections Code Section 9222, this Ordinance must approved by a majority of the eligible voters of the City of Santa Ana voting at the General Municipal Election of November 5, 2024.
Section 6. In the event that this measure and any other measure relating to rent stabilizati on, rent control, or just caus e eviction shall appear on the General Municipal Election ballot for November 5, 2024, the other measure(s) shall be deemed to be in conflict with this measure. In the even t that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure(s) shall be null and void. However, if this measure is approved by the voters but superseded in whole or in part by another conflicting measure approved by the voters at the same General Municipal Election, and
City Council
27 –
48 10/17/2023
40 such other conflicting measure is later found to be or held invalid, this measure shall be self-executing and given full force and effect.
Section 7. This Ordinance shall become e ffective ten days (10) days after the City Council has certified the results of the General Municipal Election by resolution.
Section 8. Following the City Clerk’s certification that the qualified voters of Santa Ana have approved this Ordinance, the Mayo r shall sign this Ordinance and the City Clerk shall cause the same to be entered into the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
City Council
27 –
49 10/17/2023
Resolution No. 2023-XXX