The Recovery Annex to this EOP details a coordinated system for recovery operations, identifies operational concepts, and provides an overview of organizational structures to bridge the gap between implementing this EOP during an emergency and a full return to normal conditions and operations.
5.2.1 Recovery Annex Activation and Implementation
The determination to formally transition from the Emergency Operations Plan to the Recovery Annex will be made by the response phase DES, using the following criteria as a guide:
Immediate life safety and property protection concerns associated with the event have been contained or resolved.
Demand for services on City, other government and/or non-governmental entities still exceed the capability of these entities due to continuing unmet needs from the response phase or new needs arising from recovery processes.
The situation is expected to persist for an extended period of time. The City, County and/or the Operational Area have requested the Governor proclaim an emergency and requested a declaration of emergency from the President, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
The transition from response to recovery may be gradual and involve multiple smaller transitions:
Elements of short-term recovery begin with EOC activation and implementation of the EOP. As recovery-specific objectives begin to be identified through the Action Planning cycle, the DESResponse will begin the transition of recovery activities to the Recovery Organization. Coordination of recovery operations will transition from the EOC to a virtual or alternate Recovery Coordination Center. Some recoveries may be managed from normal City worksites, but major catastrophic emergencies will require a long-term facility to be established. The DES-Recovery will formally activate the necessary Recovery Organizational elements. The DES-Recovery will take command of the Recovery Organization. This includes any response resources that have yet to complete their response objectives, along with the initiation of recovery objectives and Recovery Organization resources.
Once all response operations have been deactivated, the transition phase will be complete.
Recovery staff and assets will be deactivated and/or returned to normal operations at the discretion of the DES-Recovery. The determination may be based on completion of operational objectives, the determination that such objectives can be accomplished without support or coordination from a formal Recovery Organization, or otherwise determining that aspects of recovery can be fulfilled through normal business operations. After the Recovery Organization is demobilized, any incomplete goals identified in Recovery Planning will be assumed by the appropriate City department or agency.
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5.3 Recovery System Organizational Structure
The Recovery Annex to this EOP provides an organizational framework to transition the response function into the recovery function, managed within a Recovery Organization. The Recovery Annex details the organization of the City’s recovery system, which is similar to the ICS structure utilized during response operations but with the differences necessary for recovery duties. Departments with a heavy presence in emergency response take on secondary support roles during recovery. Departments and organizations with recovery-focused duties (including planning, building, zoning, infrastructure and facilities restorations, and economic development) take on a heightened level of responsibility in the recovery phase. The Recovery Annex to the Orange County Operational Area EOP is also highly relevant to the recovery process, as many recovery functions (e.g. public health and medical care, social services, regional coordination) will be managed at the County and Operational Area level.
Recovery Governance and Command - City leadership will be responsible for organizing, coordinating, and advancing recovery of the City. The DES-Recovery will oversee the Recovery Organization on a dayto-day basis. This DES-Recovery may be the City Manager, an Executive Director from a City Department most heavily impacted by the disaster, or may be an Executive Manager brought on for the recovery effort, and this may require a full-time focus or appointment.
Various City staff may be detailed to the Recovery Organization on a full or part time basis depending on the situation. Recovery Organization staff may need to be relieved of their permanent job duties for the duration of their recovery role. During recovery, City personnel may be assigned positions in a Recovery Organization, or they may be given mission assignments by the Recovery Organization.
All City departments may be responsible for carrying out some aspect of recovery and assisting in preparing the City’s Recovery Plan. Departments may be expected to defer some normal day-to-day operations in order to carry out functions during recovery or to provide recovery assistance to other departments or agencies. The City will also use a wide array of established relationships, both within and outside of government, at the county, regional, state and federal level. Some departments and agencies may be designated to coordinate or assist in coordinating recovery functions between the City and outside agencies.
In the event that a request impedes the ability of the department or agency to fulfill its normal primary and non-deferrable mission, the DES-Recovery has the authority to make a final decision to divert a department’s resources from its normal primary and non-deferrable mission to recovery support activities.
The cost of Recovery staff and tasks will be borne by their home agencies; some costs may be eligible for reimbursement under State or Federal programs or other funding mechanisms provided by the City.
5.3.1 Recovery System Organizational Chart
The Recovery Organization is structured on the principles of SEMS, NIMS and ICS, including:
It will be scalable and flexible to adapt to the size and scope of the disaster recovery effort; Only positions that are needed will be activated;
Each activated position will be filled by whoever has the right skills and experience for that event; Responsibilities of any positions that are not activated will revert up the chain of command to that position’s supervisor;
The staffing, scale, and structure of the temporary Recovery Organization may expand, change, or contract over time, as indicated by the situation;
Supervisors will maintain a manageable span of control over subordinates and subordinates will have one supervisor to report to.
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The Recovery Organization consists of the five functional areas of SEMS and ICS systems: Management, Operations, Planning, Logistics and Finance/Administration. Because of the widespread, interdepartmental and interagency nature of recovery, the Recovery Operations Section is constructed of Recovery Support Functions (RSFs). An RSF is an assembly of various staff, departments and agencies (City and external), similar to a task force, required to fulfill specific recovery missions. For example, a Transportation Recovery Group within the Infrastructure RSF may include:
City of Santa Ana Public Works Agency, Street Maintenance Division City of Santa Ana Public Works Agency, Engineering Services Division City of Santa Ana Public Works Agency, Traffic Management Division City of Santa Ana Planning and Building Agency
Other City Departments
Orange County Transportation Authority
California Department of Transportation
Private Contractors
Recovery Sections, RSFs, Recovery Groups and other positions are assembled based on the needs of the specific event; they are not pre-determined position assignments as the EOC Organization Chart is.
Figure 163 City of Santa Ana Disaster Recovery Organization City Council 26 – 177 5/21/2024
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5.4 Recovery System Roles, Responsibilities and Assistance Programs
5.4.1 City of Santa Ana
The City will organize recovery operations according to needs identified and priorities established by City leadership in the transition from emergency response to recovery. The City may work with neighboring jurisdictions to share resources or address common problems. Regional entities may also play a role in setting priorities and obtaining resources for recovery within their respective areas of authority.
Recovery efforts for the City recovery may include these focus areas:
Complete damage and safety assessments.
Provide security to impacted areas and maintain law enforcement functions. Restore transportation routes and systems.
Restore or assist in restoring services such as power, water/wastewater, gas, and communications. Assess damage to public facilities and infrastructure; initiate temporary and permanent repairs. Assess the housing situation, identify potential solutions, and request needed support. Assess damage to private property and issue permits for repairs and demolitions. Remove debris from public properties and roadways; provide private property debris collection. Provide disability related assistance and functional needs support services. Assist with identification of temporary housing and business space. Assist with reestablishment of schools and childcare centers. Work with State and Federal officials to assess damage, identify needs and secure financial assistance. Activate Local Assistance Centers (LACs) to assist individuals, households, and businesses. Facilitate State and Federal disaster program assistance to residents and businesses. Document disaster-related costs for reimbursement through State and Federal grant programs. Resume governmental functions and City programs and activities. Begin planning for long-term community recovery.
Enact appropriate zoning variances to accommodate business and commercial repairs. Establishing a post-disaster recovery prioritization and planning process for restoration of economic and social systems of the community.
5.4.2 County of Orange
The County of Orange is the lead agency within the Operational Area with the responsibility to coordinate information, resources, and priorities among local governments. The County also serves as the coordination and communication link between OA jurisdictions and the Cal OES Southern Region.
The roles and responsibilities for the County of Orange and its departments and agencies differ for the incorporated and unincorporated areas of the county. Unless otherwise specified, the various county departments and agencies will coordinate recovery activities for incorporated areas and will direct and implement recovery operations for unincorporated areas.
In general, the Orange County Operational Area will coordinate with local and external jurisdictions and partners in a variety of ways. These include, but are not limited to the following:
Sharing information through periodic conference calls, situation reports, briefings and other verbal and electronic means of communications.
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Hosting interagency coordination meetings, community stakeholder forums and task force workshops, to ensure information and strategies are shared collaboratively.
5.4.3 Individuals and Households Actions
Individuals and households will stabilize their circumstances by establishing adequate transitional or permanent shelter, assessing damage to their property and initiating repair or rebuilding, resuming work and other regular activities, obtaining insurance proceeds, and applying for assistance programs.
5.4.4 Private-Sector Actions
The private sector engages in activities necessary to resume business operations—including assessing damage, implementing continuity of business plans, caring for employees, shifting operations to temporary facilities or locations, obtaining insurance proceeds and applying for assistance programs. In coordination with the Operational Area and local governments, businesses also may play a key role in donating goods and services for community recovery.
5.4.5 Nongovernmental Organizations Actions
NGOs, community-based organizations, and faith-based organizations such as the American Red Cross or Salvation Army are members of the Collaborative Organizations Active in Disaster, Orange County (COAD-OC). These organizations provide support to individuals and households displaced by a disaster and will work with governmental organizations to support the transition from care and shelter operations to interim housing arrangements. Such groups include churches, neighborhood health clinics and food distribution agencies. NGOs and community-based organizations may provide a range of services such as donations management; emergency food, clothing and shelter; as well as support of housing reconstruction.
They provide these services independently or in coordination with local, state and federal efforts.
5.4.6 State Government Actions
When a State of Emergency is proclaimed in counties affected by a disaster, Cal OES will lead California’s recovery operations and coordinate assistance provided by other State agencies and the Federal government.
Other State agencies may provide support to local governments under their respective authorities or under other Federal programs. These State agencies coordinate their activities with Cal OES but may direct operations from their respective department operations centers. When Federal assistance is required, Cal OES will work with FEMA and other Federal agencies to ensure effective delivery of services. The Governor appoints a State Coordinating Officer (SCO) to coordinate the State’s requests for Federal assistance and interact with Federal officials.
5.4.7 Federal Government Actions
The Federal government provides recovery support under the National Disaster Recovery Framework (NDRF) following a Presidential disaster declaration, and immediately mobilizes resources in anticipation of likely needs and provides those resources to state and local governments upon request from the State.
FEMA coordinates Federal recovery operations:
In accordance with the Stafford Act, the President appoints a Federal Coordinating Officer (FCO) and may appoint a Federal Disaster Recovery Coordinator to manage Federal operations and coordinate recovery programs.
At the request of the State, FEMA coordinates direct Federal assistance to State and local governments through a system of designated Emergency Support Functions (ESFs).
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As resources and conditions allow, Cal OES and FEMA establish a Joint Field Office (JFO) to manage and coordinate recovery operations. In general, all emergency support functions (ESFs) that support Federal recovery efforts operate from the JFO once it is activated. Cal OES and other State agencies deploy staff to the JFO to ensure effective coordination with their Federal counterparts. FEMA may establish Disaster Recovery Centers (DRCs) to centralize public outreach operations from Federal agencies and their respective assistance programs and to supplement Local Assistance Center (LAC) operations. Cal OES, FEMA, and the local jurisdiction(s) coordinate on the location(s) of LACs and DRCs to best meet the needs of the communities affected by the disaster. Under the Stafford Act, FEMA coordinates Federal recovery programs, which may include:
o Assistance for individuals and families through the Individual and Household Program (IHP), including provision of temporary housing.
o Assistance to local and State governments and certain private nonprofit organizations for extraordinary costs related to response, removal of debris, and damage to buildings and infrastructure through the Public Assistance Program.
o Assistance to local and State governments for measures to reduce damage from future disasters through the Hazard Mitigation Grant Program.
Other Federal agencies may implement non-Stafford Act recovery programs or programs authorized under disaster-specific legislation, including the following:
o The Small Business Administration (SBA) may provide low-interest loans for repairs to damaged homes and businesses.
o The Federal Highway Administration (FHWA) may provide funding to local and state governments for restoring damaged roads, bridges and other features that are part of Federal-aid routes.
5.5 Recovery Facilities
Physical sites and facilities associated with Recovery are described below. These sites may be established, supported and maintained individually by the City or on a regional basis serving multiple jurisdictions.
5.5.1 City Recovery Coordination Center
A Recovery Coordination Center (RCC) may be established to plan and manage the recovery process, support the damage assessment process, ensure documentation of disaster-related operations and expenditures, and provide for coordination with the OA, Cal OES and FEMA on recovery program issues and implementation. It will serve as the management and coordination center for all City recovery activities and to facilitate coordination with RCCs established by other jurisdictions and with local, State and Federal agencies contributing to the recovery effort.
The DES, in consultation with the Finance & Administration Section Chief, will begin planning to establish the RCC as soon as it is determined that significant interagency disaster recovery resources and coordination are necessary. Initial recovery activities may be coordinated from the EOC until the RCC is in place.
For a long-term recovery effort, the RCC may require acquisition of office and meeting space for a fully dedicated recovery effort. For more moderate recovery efforts, the RCC may be established within existing City spaces or with City staff working from their existing departments in a virtual RCC arrangement.
5.5.2 Local Assistance Centers
One or multiple Local Assistance Centers (LACs) may be established in coordination with the Operational Area, neighboring jurisdictions and State and Federal agencies. LACs are staffed with representatives of local, county and state agencies; disaster relief organizations and other service providers to provide a City Council 26 – 180 5/21/2024
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convenient “one-stop shop” for those impacted by the disaster so they can access recovery assistance and/or referrals to other programs and assistance that may not be represented. Federal agencies may also provide representatives who can provide information regarding Federal disaster assistance programs.
Consideration and services for people with disabilities and those with access and functional needs should be incorporated into LAC sites, including the following:
Compatibility with Occupational Safety and Health Administration (OSHA) requirements. Compatibility with the Americans with Disabilities Act requirements. Close proximity to individuals and families affected by the disaster. Convenient access by public transportation.
Secured, lighted parking areas and walkways.
Multilingual, pictograph and large-print signs.
Materials and forms to be available in alternate language formats, including large print, braille, audio, and electronic.
When applications need to be completed onsite, procedures should be in place to assist people with disabilities or access and functional needs, including reading of materials and filling out forms.
5.6 Damage Assessments
Damage assessment is a crucial function serving critical needs in both the response to and recovery from disaster events. A thorough and accurate assessment of losses and damages incurred serves two primary purposes. First, damage assessment provides the EOC and City leaders with information necessary to set priorities, establish objectives, and acquire and allocate resources to most effectively and efficiently respond and recover. Second, damage assessment documentation provides the primary basis for requesting State and Federal resources and financial assistance, for the City and for residents and businesses.
Two City Departments have responsibility for performing damage assessments. First, the Public Works Agency has primary responsibility for assessing damages to public infrastructure, including streets and roadways, water and sewer systems, flood control channels and storm drains, and other City-owned public infrastructure systems, and for assessing damages to all City-owned buildings and properties that are not part of public infrastructure systems. Other City Departments may be enlisted to assess their own properties.
Second, the Planning and Building Agency has primary responsibility for damage assessments to all privately-owned properties and structures, including all residential and commercial properties.
Damage assessments for structures and properties in the City that are owned by another governmental entity, including Santa Ana Unified School District, Rancho Santiago Community College District, the County of Orange, State of California or United States, are the responsibility of that governmental entity.
However, the City may be asked to provide mutual aid assistance toward those agencies’ damage assessment processes, and the results of all damage assessments should be shared since the results may affect City plans, objectives and resources.
Damage assessment results are tabulated and documented in the City EOC. Specifically, the EOC Planning & Intelligence Section will depend on these results to prepare objectives, action plans, resource requests and situation reports. The EOC Finance & Administration Section will depend on these results to prepare Cost Accounting summaries and prepare Cost Recovery applications and documentation. These results may also affect the EOC Operations Section’s implementation of plans and objectives and the EOC Logistics Sections fulfilling of resource requests.
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5.7 Recovery Documentation
The California Disaster Assistance Act (CDAA) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) may provide, respectively, State and Federal reimbursement to the City of a large portion of the City’s costs in responding to the disaster and reimbursement of losses or damages to City properties and facilities incurred in the disaster. Categories for reimbursement include:
A: Debris removal;
B: Emergency response and protective measures;
C: Damage to roads and bridges;
D: Damage to water control facilities;
E: Damage to buildings and equipment;
F: Damage to utilities systems;
G: Damage to parks, recreational and other facilities.
To receive these reimbursements, detailed documentation must be maintained of all damages to City properties and of all costs in responding to the emergency, including but not limited to staff time, City supplies and equipment utilized, supplies and equipment rented or purchased, contractors hired, or any other expenses incurred. The City’s Finance and Management Services Department has primary responsibility for developing procedures to document and track City losses and costs, and each Department is responsible for implementing cost tracking for its own costs.
Additionally, detailed documentation of damage assessments of private property damaged in the disaster forms the primary basis of eligibility for federal assistance programs and other disaster relief to residents and private properties. The City’s Planning and Building Agency has primary responsibility for developing procedures to document and track private property damages and losses.
5.8 After Action Reports
Section 2450(a) of California Standardized Emergency Management System Regulations requires that, for any emergency for which the City has proclaimed a Local Emergency and the Governor has also proclaimed a State of Emergency, the City is required to complete an After Action Report (AAR) and submit it to the California Office of Emergency Services within 90 days of the close of the emergency incident period.
In some cases, the County of Orange may proclaim a Local Emergency on behalf of the Orange County Operational Area as a whole, with no proclamation by the City. For this, the City does not complete its own AAR, but if the City participated in the response to the emergency directly or through mutual aid, the City shall provide input and collaboration toward the Operational Area AAR.
An After Action Report shall address six factors related to the emergency response:
Review of response actions taken, to memorialize the response for future reference, to identify lessons learned, to discover actions to improve future responses, and to identify any gaps in resources or capabilities;
Review of SEMS application to the response, to ensure its proper application; Suggested modifications to SEMS practices or procedures to be forwarded to Cal OES; Evaluation of plans and procedures executed during the response, to identify needed changes; Identification of any training needs; and
Documentation of recovery activities taken to date.
A Local Government AAR Template is available on the Cal OES, Recovery Division website, along with an address for submission of completed AARs.
City Council 26 – 182 5/21/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Ordinance Amending the Municipal Code to Comply with the State of California’s Water Shutoff Protection Act
AGENDA TITLE
Introduction and First Reading of an Ordinance Amending the City of Santa Ana Municipal Code Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash and Weeds), Article XII (Sanitation Services Users Charge) of Chapter 18 (Health and Sanitation), and Article II (Water) of Chapter 39 (Water and Sewers) to Comply with the Water Shutoff Protection Act
RECOMMENDED ACTION
Introduce and approve a first reading of an ordinance to amend Chapter 16 Article II (Solid Waste Collection Regulations), Chapter 18 Article XII (Sanitation Servicer User Charge), and Chapter 39 Article II (Water and Sewers) of the Santa Ana Municipal Code.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE II OF CHAPTER 16, ARTICLE XII OF CHAPTER 18, AND ARTICLE II OF CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE TO COMPLY WITH THE WATER SHUTOFF PROTECTION ACT GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City of Santa Ana provides water service over a 27.2 square-mile service area transported through 480 miles of transmission and distribution pipelines. The City is focused on delivering the highest-quality and best-testing tap water to more than 45,000 customers, both residential and commercial. The costs associated with providing such water continually increase and it is the timely payment of water bills that help ensure the City’s water supply is well-maintained and funded for future operation.
Currently, the City’s Municipal Code states that water service may be discontinued if a water bill was delinquent for more than thirty (30) days after the presentation date of a water bill. In 2018, however, the State of California established the Water Shutoff Protection Act (SB 998) as a means to increase protections to residents associated with City Council 27 – 1 5/21/2024
Ordinance Amending the Municipal Code to Comply with the State of California’s Water Shutoff Protection Act
May 21, 2024
the disconnection of water services due to nonpayment. Additionally, during the COVID19 pandemic, the State and City placed an emergency moratorium on water shutoffs for any reason, including nonpayment. These moratoriums, though, have expired.
Furthermore, the City sought out means and strategies to aid the community during the pandemic, and still to this day, by participating in several programs to provide financial assistance to water customers including:
• California Extended Water and Wastewater Arrearage Payment Program (CWWAPP): The California State Water Resources Control Board utilized federal funds to provide relief to community water and wastewater systems for unpaid bills which covered water and wastewater debt from residential and commercial customers accrued between March 4, 2020 through December 31, 2022 (originally through June 15, 2021, but extended on July 10, 2023 by Governor Newsom).
o To date, the City has received approximately $1,178,025 in CWWAPP funding for 2,700 residential and commercial water utility accounts. o Effective December 2023, the City submitted a second application to the State Water Resources Control Board to request additional CWWAPP Extended Program funding in the amount of $1,795,368 for approximately 3,600 residential and commercial water utility accounts. On March 19, 2024, the City was informed that its application has been approved for payment disbursement.
• California Low Income Household Water Assistance Program (LIHWAP):
Established by Congress in December 2020, a federal program that provides one-time financial assistance to low-income Californians to help manage their residential water utility costs with the maximum arrearage benefit set at $15,000 as of April 2023.
o To date, approximately 400 Santa Ana residents have applied, qualified, and received $507,000 in program benefits.
• Coronavirus Aid, Relief, and Economic Security Act (CARES Act): The Santa Ana CARES Utility Assistance Grant was launched in August 2020, and was designed to assist households within Santa Ana that were impacted by COVID19. The Santa Ana CARES Utility Assistance Grant provided $500 for qualifying Santa Ana households that required assistance towards meeting their financial obligations related to eligible past-due utility bills including water bills. o Through the CARES Utility Assistance Grant Program, the City issued 1,857 totaling $928,500 in grant issuance.
Unfortunately, funding for these financial assistance programs is limited and have either expired or are set to expire soon. As a result of emergency state and local moratoriums on water shutoffs expiring, the City seeks to resume water shutoffs for nonpayment in compliance with the requirements of Senate Bill 998. The legislation stipulates that City Council 27 – 2 5/21/2024
Ordinance Amending the Municipal Code to Comply with the State of California’s Water Shutoff Protection Act
May 21, 2024
urban and community water systems must observe the following requirements and limitations for water shutoffs:
• Adopt a written policy on the discontinuation of water service that is compliant with the Act
• Post the water shutoff policy on the system’s website • Refrain from shutting off water service for nonpayment for at least 60 days after the billing due date and follow the specified procedures when pursuing water shutoffs. The procedures include, but are not limited to, providing notice in advance of any shutoffs for nonpayment, offering an appeals process for residents to contest a planned shutoff, and the ability to arrange for alternate payment schedules or other means of accommodating financial hardship • Refrain from shutting off water service in certain specified conditions, such as a serious threat to life or health and safety of residents with severe financial hardship
A written policy regarding water shutoffs was already posted to the City’s website on February 1, 2020 and an amended version will be posted on July 1, 2024. In addition to the policy, it is necessary to update the City’s Municipal Code to be compliant with the Water Shutoff Protection Act and to permit the City to resume enforcement actions for nonpayment of water bills. The requested amendment will explicitly define the due date, clarify transfer of responsibility, and lay out the procedure for notifying delinquent residential accounts.
The Water Shutoff Protection Act does not impact water shutoffs due to circumstances other than nonpayment. Therefore, staff recommends approval of the ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this action. All administrative fees and charges are collected through the City’s municipal utility billing services.
EXHIBITS
1. Ordinance
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Alvaro Nuñez, Acting City Manager
City Council 27 – 3 5/21/2024
Ordinance No. NS-XXXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE II OF CHAPTER 16,
ARTICLE XII OF CHAPTER 18, AND ARTICLE II OF
CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE TO
COMPLY WITH THE WATER SHUTOFF PROTECTION ACT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
WHEREAS, the California Water Shutoff Protection Act (Health and Safety Code Sections 116900, et seq.) became effective January 1, 2019. The Water Shutoff Protection Act prohibits residential water service from being discontinued under specified circumstances.
WHEREAS, Executive Order N-42-20 which prohibited the discontinuation of water service due to the COVID-19 pandemic, and other applicable orders, expired in February 1, 2022; and,
WHEREAS, the Santa Ana City Council desires to ensure that water service remains fiscally stable and well-maintained for the health and betterment of the community; and,
WHEREAS, the Santa Ana City Council wishes to amend the various sections of the Municipal Code to adhere to the regulations and requirements set forth in the State of California’s Water Shutoff Protection Act to resume permitted water shutoffs due to nonpayment. Due to the fact the City’s refuse, sanitation, sewer services are bundled with water services, various sections of the Municipal Code require revision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by Santa Ana City Council (“City Council”).
Section 2. Section 16-35 of Article II (Solid Waste Collection Regulations) of Chapter 16 (Garbage, Trash and Weeds) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
Sec. 16-35. Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the city, as shown on the latest county assessment roll, except any parcel receiving bin or rolloff service exclusively, shall pay to the city a solid waste collection service charge (refuse service charge) in such amounts, at such times, and in such manner as EXHIBIT 1
City Council 27 – 4 5/21/2024
Ordinance No. NS-XXXX
shall be established by resolution of the city council. Such refuse service charge is imposed to provide for the continuing availability of curbside service and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the executive director of public works or his or her their designee or by the executive director of finance and management services or his or her their designee. (b) For purposes of administrative convenience, the city council may establish billing units for payment of the said service charge consisting of one (1) or more occupancies within one (1) or more parcels. The said total refuse service charge reflecting the number of billable units shall be billed as provided in section 39-20 as part of the city's regular consolidated municipal utility services account/billing statement but shall be listed as a separate line item on the municipal utility services account/billing statement.
(c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service charge bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented and determined to be delinquent in accordance with section 39-20.
(d) The said refuse service charge and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. (e) In the event the occupant(s) of any property or premises, having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility for future municipal utility services charges, including refuse charges, shall revert default to the municipal utility services account of the property owner in accordance with section 39-16. It is the property owner’s obligation to contact the city to update billing records when a tenant vacates or a transfer of responsibility is necessary.
(f) In addition to all other civil remedies for collection of such indebtedness, in the event that the owner and occupant of the premises or property receiving refuse service are the same, then said civil debt against such customer or person shall be subject to special assessment and lien against said property in the manner provided by law. Establishment of a lien against the property shall remove said refuse charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under this section and section 39-20.
(g) Charges for bin service, roll-off container service or for collection services more frequent or more extensive than that provided in this article for curbside service shall be paid directly to the city's solid waste collection contractor in accordance with such regulations as shall be established by contract or resolution of the city council.
Section 3. Section 18-603 of Article XII (Sanitation Services Users Charge) of Chapter 18 (Health and Sanitation) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
City Council 27 – 5 5/21/2024
Ordinance No. NS-XXXX
Sec. 18-603. Payment of bills and penalties.
(a) Date payment due. Bills for the sanitation charges made pursuant to this article and penalties, if any, are due and payable at the department of finance at the same time and in the same manner as all other parts of the regular consolidated municipal utility services account/billing statement.
(b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid sanitation charges and/or prior sanitation charge related penalties thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented and determined to be delinquent in accordance with section 39-20.
(c) Civil debt. Sanitation service charges and any corresponding penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city.
Section 4. Section 39-15 of Article II (Water) of Chapter 39 (Water and Sewers) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
Sec. 39-15. Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the performance of unscheduled water service turn on or turn off, occurring after the regularly established hours for the performance of scheduled water service turn on or turn off, as set by the director of finance.
Agency means public works agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation, receivership, trust, trusteeship, or agency of government, or other legal entity recognized by the laws of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow into the city's potable water system.
Common area amenities means areas within residential, commercial, or industrial developments for the common use of residents or workers managed by the owner or his their agent, including but not limited to, rental offices, club houses, picnic areas, drinking fountains or filling stations, exercise rooms, and swimming pools.
City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor, materials, equipment, and overhead.
City Council 27 – 6 5/21/2024
Ordinance No. NS-XXXX
Customer means an individual, partnership, association, corporation, receivership, trust, trusteeship, or an agency of government or other legal entity recognized by the laws of the state or of the United States receiving water service.
Date of presentation means the date upon which a bill or notice is mailed to the customer at their mailing address of record, or in the event that a customer has signed up for electronic billing, the date upon which electronic notice is given to the customer at their electronic mailing address of record.
Director of finance or finance director means the chief administrative officer of the department of finance and management services or his their authorized designee.
Director of public works means the chief administrative officer of the public works agency, City of Santa Ana, or his their authorized designee.
Department of public works or public works department means the public works agency.
Department of finance or finance department means the finance and management services agency.
Due date means the date by which a bill must be paid by the customer to avoid delinquency charges, penalties, or other fees as a result of late payment, which is fourteen (14) days from the billing statement date, except when the 14th day falls on a weekend, city holiday, or city hall closure day, such bills will be due on the next following city business day. This date will be printed on all account/billing statements provided to customers.
Fee means the amount established by resolution of the city council which is intended solely to cover the reasonable administrative costs (time, materials, overhead) incurred in performing any specified act on behalf of any person or at any person's request for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily wastes; and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise defined by the California Health and Safety Code.
Main means the distribution pipe line located in a street, highway, public easement, or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an entire property or structure, which may include common areas.
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Ordinance No. NS-XXXX
Meter means any suitable water measuring device or facility which measures or determines the volumetric flow of water.
Multi-family dwelling/accommodation means an apartment building, apartment house, condominium complex, or any other group of residential units located upon a single premises, including mobile home parks, providing the residential units therein meet the requirements for a single family accommodation. Hotels or motels consisting primarily of guest rooms and/or transient accommodations are not classified as multifamily accommodations.
Municipal utility services account/billing statement means the consolidated account and/or billing statement to which refuse service charges, sanitation service charges, sewerage service charges and other sewerage related charges and fees, water commodity consumption charges, and other related water service charges and fees (including fire line service charges), together with corresponding penalties, as applicable, shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's Book.
Person means an individual, partnership, association, corporation or an agency of any governmental organization, receivership, trust, trusteeship, or other legal entity recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including improvements thereon, to which water service is provided or for which an application for water service is filed.
Private fire protection service means provision of stand-by readiness to serve water to premises through a separate fire service line connection for fire protection only, such fire service lines to be connected to automatic sprinkling system, hose attachments, or hydrants.
Property owner or owner means the record owner of real property, as shown on the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water District from the Green Acres Project, or treated wastewater of comparable quality from such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside the city limits.
Service charge or service related charge shall mean any commodity consumption cost, whether measured by consumption or volume or whether applied as a pass-through adjustment rate, or any fixed amount or variable schedule of amounts authorized herein or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage, and water (including fire line service), as established by resolution of the city council.
Submeter means a device that measures water consumption of an individual unit within a multiunit residential structure or mixed-use residential and commercial City Council 27 – 8 5/21/2024
Ordinance No. NS-XXXX
structure, and that is owned and operated by the owner of the structure or the owner's agent.
Temporary service means a water service through a city-owned fire hydrant for special outdoor events, fairs, construction work, irrigation of vacant property, and similar uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a commercial or industrial property to accommodate the needs of tenants, including but not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.
Theft of water means the taking of water from any city water main, hydrant, service, or facility without a meter or the written permission of the city in the form of a permit or application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually or as a whole, operating to provide storage, flow, and pressurized domestic water.
The following components make up water facilities: wells, reservoirs, pipelines, system valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and controls, power distribution, and supervisory control and data acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by means of which water is conducted from the main water line, whether public or privately owned, to the meter.
Section 5. Section 39-16 of Article II (Water) of Chapter 39 (Water and Sewers) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
Sec. 39-16. Application for turning on water and transfer of responsibility. (a) Procedures; registration fee. An application to have water turned on or to transfer responsibility for water charges shall be made to the finance department of the city in conformance with the procedures established by the director of finance. A "registration fee" for the administrative cost therefore shall be made; provided, however, that the reversion of responsibility for water charges from a tenant to a previously registered property owner or other customer possessing the legal right to act as a lessor, at the time of the termination of such tenant's tenancy, shall not constitute a new application for turning on water or transfer of responsibility for water charges and shall not be subject to the "registration fee”. (b) Transfer of responsibility. The customer of record shall remain a customer of record until a transfer of responsibility occurs. If no customer is on file with the City, the customer on record, by default shall be the property owner of the premises where water service is being provided. If there is ever any dispute as to who should be the customer of record, by default, the customer of record shall be the property City Council 27 – 9 5/21/2024
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owner of the premises where the water service is being provided. Within the meaning of this chapter, a transfer of responsibility for water service charges occurs when any of the following conditions are met:
(1) The owner or other customer possessing the legal right to act as a lessor, or his authorized agent, informs the department of finance that a tenant has assumed lawful control of the property or premises or that there has been a change of lawful tenants; alternatively, the initial tenant or a new incoming tenant informs the department of finance that they have assumed lawful control of the property or premises. The property owner, authorized agent, or other customer possessing the legal right to act as an owner or lessor, informs the department of finance that a tenant has assumed lawful possession of the premises or that there has been a lawful change in possession by a new tenant, and the department can confirm with the tenant that such a change occurred, and the tenant agrees to assume responsibility for water service charges moving forward.
Alternatively, a tenant independently informs the department of finance that they have assumed lawful possession of the premises and desires to assume responsibility for water service charges.
(2) A lease or other rental agreement (signed by the owner or his authorized agent) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services in tenant's own name. A triple-net lease or other written agreement obligating a tenant to pay charges for water services and other municipal utility services provided to the property or premises in the name of the owner or lessor shall not constitute a transfer in responsibility, and liability for the payment of water charges shall be deemed to remain with the owner or lessor. A written lease or other rental agreement (signed by the owner, or their authorized agent, and the tenant) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services directly with the utility provider, and the tenant agrees to assume responsibility for water service charges. (3) A recorded deed or other government-issued record is provided indicating that a property was purchased by a new owner, and the new owner contacts the City to assume responsibility for water service charges.
Property owners, whether in the sale or acquisition of real property, are responsible for the transfer of responsibility and determining who is the appropriate customer of record with the City. The customer of record will be held liable for the payment of water service charges and other municipal utility services at the premises.
(4) In accordance with the Water Shutoff Protection Act, California Health and Safety Code §§ 116900, et seq., as amended from time to time. (c) Deposit. Each applicant, except for the property owner of record, shall make a water service deposit at the time of making an application for turning on water or transfer of responsibility in an amount as set forth by resolution of the city council.
The deposit may be refunded or applied as an account credit if and when all municipal utility services account bills rendered have been paid before their delinquent date for a period of one (1) year.
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Ordinance No. NS-XXXX
(d) In the event occupant(s) of any property or premises having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner or his their authorized agent) clearly specifying that the named tenant(s) shall be responsible for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate the premises, then responsibility for future charges shall revert to the municipal utility services account of the property owner.
Section 6. Section 39-19 of Article II (Water) of Chapter 39 (Water and Sewers) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
Sec. 39-19. Water rates, service charges, fees and costs. (a) Water commodity consumption and service charges.
(1) Commodity charges. Quantitative consumption rates shall be charged in the amount which the city council shall establish by resolution and in accordance with applicable law.
(2) Basic service charges. Charges shall be made for services rendered to provide and maintain a potable water supply and to provide standby readiness in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law.
(3) Multi-family per unit charge. Basic service charges shall be applied to developments that meet the definition of multi-family
dwelling/accommodation where the individual units are not individually metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be made for the service rendered to provide readiness to deliver relatively large quantities of water for short periods of time for on-site private fire protection and suppression systems in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law.
(b) Fees to establish water service. All applicants, prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the following fees in amounts as established by resolution of the city council.
(1) New water service application fee — see section 39-17. (2) Water meter cost and installation fee — see section 39-17. (c) City is authorized to charge/levy the following administrative and other fees and deposits in an amount established by resolution of the city council, excepting any restrictions of imposition of such fees or deposits as detailed in the Water Shutoff Protection Act, California Health and Safety Code § 116900, et seq., as amended from time to time:
(1) Meter turn on or meter turn off fee during weekdays for new water turn on services and delinquent accounts — see section 39-20(e).
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Ordinance No. NS-XXXX
(2) Afterhours turn on or turn off fee during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer — see section 39-20(e).
(3) Special investigation/meter reread fee when requested by customer or when meter was inaccessible at the time the routine meter read was attempted by the city — see section 39-20(c).
(4) Meter removal fee or meter resetting fee (to re-install meter when meter was removed for non-payment or for violation of this Code) — see section 39-20(e).
(5) Meter test fee (when requested by customer) — see section 39-21(a). (6) Temporary construction meter deposit — see section 39-24. (7) Temporary construction meter daily rental fee — see section 39-24. (8) Field collection fee — see section 39-20(j).
(9) Return payment service fee — see section 39-20(m).
(10) Fire flow test application fee — see section 39-28. (11) Fire flow test witness fee — see section 39-28.
(12) Backflow preventer third-and-final notice generation fee — see section 39- 29(e).
(13) Water service deposit — see section 39-16(c).
(14) Backflow device testing administrative fee — see section 39-29(e). (15) Registration fee — application for turning on water and transfer of responsibility — see section 39-16(a).
(16) Tag fee — see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee — see section 39-20(k).
(18) In street cut-off (of water services) fee — see section 39-20(l). (19) Meter read trip fee — see section 39-20(e).
(20) Abstract of billing history fee — Whenever a customer of record or his agent requests a history of charges and/or fees billed to a municipal utility services account registered in the name of the customer, an abstract of billing history shall be provided and an "abstract of billing history fee" shall be added to the customer's next regularly scheduled municipal utility services account/billing statement. Whenever such request is made by a third party pursuant to customer's letter of authorization, the fee shall be payable in advance.
Section 7. Section 39-20 of Article II (Water) of Chapter 39 (Water and Sewers) of the Santa Ana Municipal Code is hereby amended to read as follows (additions are underlined and deletions are stricken):
Sec. 39-20. Payment of water bills and penalties; municipal utility services account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related water service charges (including any fire line charges), and other fees and penalties shall be stated as part of a municipal utility services account/billing statement along with City Council 27 – 12 5/21/2024
Ordinance No. NS-XXXX
refuse related charges as established pursuant to section 16-38, sanitation related charges as established pursuant to section 18-601 et seq., sewerage related charges as established pursuant to section 39.55.1 et seq., and all above related corresponding associated penalties, and are due and payable to the department of finance on the due date which is on the date of presentation and become delinquent thirty (30) days after the date of such presentation fourteen (14) days from the billing statement date except that when the 30th 14th day falls on a weekend, city holiday, or city hall closure day, such bills shall be due on the next following city business day. Any charge for water supplied to any customer, or any related charges or fees (including fire line charges), together with any refuse service, sanitation service, sewerage service charges, fees, or penalties due to the city from such customer, or due from any person who has applied for water service, as herein provided for, shall be added to any billing being currently rendered to such person, and the same shall become a part of his their current municipal utility services account/billing statement for water service and subject to all of the provisions of this chapter. Partial payments made upon municipal utility services account/billing statements shall be applied in the following order:
(1) Refuse service related charges,
(2) Sanitation related charges,
(3) Sewerage service related charges,
(4) Water service commodity consumption charges and related charges (including fire line service charges) and fees established pursuant to section 39-19, and
(5) Corresponding penalties and fees as provided respectively under sections 16-38(c), 18-603(b), 39-55.2(a), and 39-20(d). (b) Failure of meter to register correctly. If a meter fails to register during any period, or is known to have registered inaccurately, the customer shall be charged for a seasonally adjusted average daily consumption for a period of similar duration determined when the meter was registering accurately.
(c) Meter reread and meter investigation. When a meter box is inaccessible at the time the routine meter read was attempted by the city or when consumption occurs in connection with a previously turned off meter, or when a customer requests that the city verify the accuracy of the read as shown on the bill, the customer shall be charged a "special investigation/meter reread fee" as established by resolution of the city council for sending a field representative to the service address to investigate the meter and obtain a reading or rereading of the meter. If the reading or rereading shows that the previous read is in error, no special investigation/meter reread fee will be imposed; otherwise such charge shall be added to the customer's next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid balance of all unsatisfied municipal utility services account/billing statement charges and fees, and penalties thirty (30) days after the presentation billing statement date, in accordance with subsection (a). Thereafter, a past due delinquency notice shall be presented to the customer. On the next city working day following the seventh (7th) day after the date of presentation of the past due notice, the water service shall be subject to turn off at the premises. Two (2) days before the intended turn off of City Council 27 – 13 5/21/2024
Ordinance No. NS-XXXX
water service, a discontinuance of service notice for non-payment "turn-off tag" shall be affixed to the premises and a "tag fee" imposed for such notification service. Thereafter, service may be discontinued if the bill is not satisfied within the time required by such notice. Once turned off, water service shall remain off until all charges, penalties and fines have been paid, unless an application to have the water turned on is received accompanied by evidence satisfactory to the department of finance of change of ownership or change in tenants. The delinquency notice shall advise the customer that service may be discontinued if the bill remains unpaid after sixty (60) days from the due date. The notice shall be mailed to the service address and mailing address, if different. The notice shall comply with the Water Shutoff Protection Act, specifically California Health and Safety Code § 116908(a)(1), as may be amended from time to time. If written notice of payment delinquency and impending discontinuation is returned undeliverable, the City shall comply with the Water Shutoff Protection Act, specifically California Health and Safety Code §116908(a)(2) as may be amended from time to time, in an attempt to make contact with the customer. Two (2) business days before the intended turn off of water service, a discontinuance of service “tag” for non-payment shall be affixed to the premises and a "tag fee" imposed for such notification service. Thereafter, service may be discontinued if the bill is not satisfied within the time required by such notice. A residential customer may avail themselves of any applicable rights under the Water Shutoff Protection Act, California Health and Safety Code § 116900, et seq., as may be amended from time to time, prior to water service discontinuation. Once turned off, water service shall remain off until all charges, penalties and fines have been paid, unless an application to have the water turned on is received accompanied by evidence satisfactory to the department of finance of change of ownership.
Upon the receipt of such evidence, the application for turning on water or transfer of responsibility for water charges shall be processed as provided for in section 39-16.
(e) Turn off and turn on of service. When the water has been turned off for nonpayment or for the violation of any provision set forth in this code or any ordinance, regulation or requirement of the city, such water shall not be turned on again unless the violation has been corrected and all charges and penalties have been paid, unless the turn off is exempt from such payment by reason of change of person receiving service. A "meter turn on fee" and "meter turn off fee" shall be made for each separate trip to the premises for the purposes of turning on or turning off water service during weekdays for new water turn on services and delinquent accounts and whenever otherwise requested by customer; provided, however, that turn on or turn off of water service during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer, shall be subject to a special "after hours turn on or turn off fee" as established by resolution of the city council. After a water meter has been turned off for a period of seven (7) days, the meter may be removed from the service. A "meter removal fee" as established by resolution of the city council shall be made for the cost of meter removal. A "meter resetting fee" as established by resolution of the city council shall be made for the reinstallation of the meter and the turning on of the water. A City Council 27 – 14 5/21/2024
Ordinance No. NS-XXXX
"meter read trip fee" as established by resolution of the city council shall be payable for each trip to a customer's premises for the purposes of performing a meter read for closing out of service, or for start of service, or for transfer of responsibility for service. Fees as herein provided shall be added to the next water bill issued after date of turn off, turn on, special investigation/reread, meter resetting/reinstallation or other designated trip, provided the amount is not collected in advance of the turn off, turn on, special investigation/reread, meter resetting/reinstallation, or other designated trip. For the purposes of this article, the term "trip" shall not include the regularly scheduled routine reading of customers' meters. (f) Closing bill. Upon the rendering of the final bill for service, the city shall not refund any credit balance or deposit of less than one dollar ($1.00); any checks returned that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies for refund within twelve (12) months.
(g) Individual liability for joint service. Two (2) or more persons who join in one (1) application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill presented to the person designated in the application process to receive the bill. (h) Change of address. Water service shall not be given to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service at multiple premises in the city under the same name or identity of ownership or tenancy, and water service has been discontinued at one (1) premises for nonpayment, the department of finance may transfer the unpaid balance owing from the account to which service has been discontinued to any other account belonging to the customer for which water service remains ongoing. (j) Field collection fee. When a representative of the city collects payment of delinquent charges owing from a customer or customer's agent in the field, in lieu of performing a turn off or removal of customer's meter, a "field collection fee" shall be applied and collected from the customer or his their agent at the same time as all other delinquent charges and fees owing are collected. (k) Removal of unauthorized "straight pipe" connections. Whenever a customer has connected to the city's water service through an unauthorized straight pipe connection, the city shall cause such connection to be removed and a "removal of unauthorized straight pipe connections fee" as established by resolution of the city council shall be made and billed to the customer.
(l) In street cut-off of water services. Whenever, in the discretion of the director of public works any customer's access to the water service must be physically severed by means of an in street cut-off of water service, whether due to authorized turn on of water service, or unauthorized straight pipe connection, or other violation of city code, an "in street cut-off fee" as established by resolution of the city council shall be made and billed to the customer.
(m)Any charge, fee, or deposit owing to the city which has been paid by an instrument such as a check or draft which is dishonored upon presentation for payment, shall be void and of no effect from its inception. The director of finance, may, in his their discretion, withhold the effect of this provision if the instrument is redeemed within City Council 27 – 15 5/21/2024
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fifteen (15) days of its return. Payment of charges, fees, or deposits following a dishonor of such instrument upon presentation for payment shall thereafter be made only by credit card, cashier's check, money order, or cash, which amount shall include any applicable penalty, as well as a "return payment service fee". The director of finance shall be authorized to reject payment other than by cash, cashier's check, or money order from such customer or such customer's agent for a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges and fees established pursuant to section 39-19, and any corresponding penalties accrued for failure to make timely payment therefore pursuant to section 39-20 shall be a civil debt owing to the city.
Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 9. This ordinance shall become effective thirty (30) days after its adoption.
Section 10. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this day of May, 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Andrea Garcia-Miller
Assistant City Attorney
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Ordinance No. NS-XXXX
AYES: Councilmembers ________________________________
NOES: Councilmembers ________________________
ABSTAIN: Councilmembers __________
NOT PRESENT: Councilmembers ______
City Council 27 – 17 5/21/2024
Ordinance No. NS-XXXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-3052 to be the original ordinance adopted by the City Council of the City of Santa Ana on May 217, 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana
City Council 27 – 18 5/21/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84
AGENDA TITLE
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 (“SD-84”), Also Known as the Transit Zoning Code (“TZC”) for Ten (10) Months and Fifteen (15) Days Pursuant to Government Code Section 65858(a)
Legal notice published in the Orange County Reporter on May 6, 2024.
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance extending a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within SD-84, by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), for an additional 10 months and 15 days.
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
EXTENDING A MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS PURSUANT TO GOVERNMENT CODE SECTION 65858
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
City Council 28 – 1 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
City Council 28 – 2 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
EXECUTIVE SUMMARY
On April 16, 2024, the City Council adopted a Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84 Zoning District through adoption of Urgency Interim Ordinance No. NS-3063. The purpose of this Moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the Transit Zoning Code (Specific Development No. 84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the moratorium, the City is not issuing permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the Transit Zoning Code (TZC).
Pursuant to Government Code Section 65858, the Moratorium shall have no further force and effect 45-days from the date of its adoption, which was April 16, 2024, unless extended. An extension requires the City Council issue a written report ten days prior to the expiration of the Moratorium, or extension thereof, describing the measures taken to alleviate the condition which led to the adoption of the Moratorium, provide notice pursuant to Government Code Section 65090, and hold a public hearing. Government Code Section 65858(a) allows an extension for 10 months and 15 days and a subsequent extension for one year. An extension also requires a four-fifths (4/5) vote of the City Council.
On May 7, 2024, the City Council issued a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the Moratorium.
City staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code is necessary to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to provide a complete analysis and thorough evaluation of the more than 130 industrial businesses within the TZC.
An extension of the Moratorium would provide sufficient time to enable staff to determine whether further, permanent action is necessary and to generate recommendations to the Planning Commission and City Council. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.
City Council 28 – 3 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
DISCUSSION
Background
Review of City Department Activities
Immediately following the adoption of the Moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments. These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the application of the Moratorium affects more than 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.
City staff continue to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently under review by City staff.
Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department (SAPD) and the Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.
Initial reports from the SAPD show calls for service in the TZC totaling 18,510 calls between March 2023 and April 2024. These calls for service included patrol checks, car stops, disturbances, alarm activation, trespassing, and many more types of calls for service. Of the 18,510 calls for service, 1,909 incidents reported were related to collisions, impounded vehicles, hit and run collisions, domestic violence, and Santa Ana municipal code violations. Similarly, data from OCFA shows 62 calls for service in 2022 and 66 calls for service for 2023 for a combined 128 calls for service for both 2022 and 2023 for advanced life support-related emergencies. Specifically, 29 of the service calls responded to by OCFA in 2022 were related to health stemming from respiratory concerns to chest pain and cardiac arrest, along with long-term diabetic issues and chest pains. In 2023, there was nearly a seven percent (7%) increase in the number of health-related calls OCFA responded to related to health issues.
City Council 28 – 4 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
In addition, City staff continue to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Moratorium, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The amount of active open industrial cases, in close proximity to one another, during a short period of time is creating a public nuisance and harming the public health, safety, and general welfare of the two residential neighborhoods.
Since the adoption of the Moratorium, City staff have received multiple code enforcement complaints from community members about industrial businesses in the TZC area that were also reported previously before the adoption of the Moratorium. City staff have received repeated code enforcement and air emission complaints about facilities in the Logan neighborhood and are working with Code Enforcement Division and SCAQMD staff to obtain responses, investigations, or reports provided by the Code Enforcement Division and SCAQMD to the complaints reported. Recent code enforcement complaints on properties in the Logan neighborhood involve complaints for recurring unpermitted work and land use violations that involve large commercial vehicles blocking street access and impacting nearby residents.
Code Enforcement Division follow-up has resulted in larger administrative citations, continued enforcement, and onsite meetings with business owners. Moreover, air emission complaints have been reported to SCAQMD. These complaints include one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. Part of the jurisdictions that City staff are working with include SCAQMD staff to obtain updates regarding the status of these complaints. SCAQMD staff investigated one complaint that did not result in an enforcement action and is investigating the other complaint. SCAQMD staff has clarified that for air quality complaints they receive, their inspector is required to be physically present to observe the activity from the facility described in the complaint to determine if the complaint warrants further investigation or enforcement action in accordance with South Coast AQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust).
Community members continue to share concerns with City and SCAQMD staff regarding the turnaround time for an SCAQMD inspector to be physically present at an SCAQMD-permitted facility to investigate an air quality complaint, especially if a complaint is reported after working hours or on weekends.
City Council 28 – 5 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests from outside regulatory agencies, such as the South Coast Air Quality Monitoring District, Santa Ana Regional Water Quality Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Such agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and received current data requests for sites located within SD No. 84 that were initiated by City staff on April 25, 2024.
Data from outside regulatory agencies will assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, such as zip code area as an example, not specifically matching the boundaries of the TZC. The City has not received responses to its Public Records Act requests and once it does, additional time will be needed for City staff to carefully review and analyze the data in order to understand all activities (internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement City staff continue to work with Project Consultant MIG to ensure the City’s Zoning Code and General Plan are consistent. In order to maintain compliance with state law, comprehensive amendments to the Zoning Code will likely be required. MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts continue to indicate that there are irreconcilable land use conflicts and land use inconsistencies in the TZC area which are among the most pressing topics to be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
The Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continue to coordinate with City departments, outside regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and options for immediate City Council 28 – 6 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. NIES staff also continue to coordinate with residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group. This group will help guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.
Next Steps
During the Moratorium, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.
Staff continues to receive, analyze, and prepare a thorough evaluation of industrial business uses within the TZC. Staff has determined that an extension of the Moratorium for an additional ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858(a), is recommended to provide the additional staff time and resources needed to implement a comprehensive evaluation of the industrial uses in the TZC utilizing the data reporting and tracking, regulatory research, enforcement reports, and department discussions to fully understand the effects of industrial uses in the TZC and to continue to address current and immediate threats to public health, safety, and welfare, due to growing code enforcement complaints stemming from the irreconcilable land use conflicts within the TZC.
On May 7, 2024, a ten-day report was issued by the City Council pursuant to California Government Code Section 65858(d) and is attached and referenced as Exhibit A to the Ordinance attached to this staff report. The April 16, 2024 City Council Meeting staff report is included in this report as Exhibit 3, providing background on the issues and analysis on the original need for the Moratorium.
ENVIRONMENTAL IMPACT
The extension of the Moratorium is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval, City Council 28 – 7 5/21/2024
Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 May 21, 2024
commencement, establishment, relocation, or expansion of uses in Specific Development No. 84 (the Transit Zoning Code).
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Uncodified Urgency Ordinance Extending Moratorium for Ten (10) Months and Fifteen (15) Days
2. Urgency Interim Ordinance No. NS-3036 adopted on April 16, 2024
3. April 16, 2024 City Council Staff Report and Exhibits
4. Public Notice
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
City Council 28 – 8 5/21/2024
Ordinance No. NS - ____
UNCODIFIED URGENCY ORDINANCE NO. NS-XXXX
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA, EXTENDING A
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, RELOCATION OR EXPANSION OF
INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT
NO. 84 ZONING DISTRICT FOR AN ADDITIONAL TEN (10)
MONTHS AND FIFTEEN (15) DAYS PURSUANT TO
GOVERNMENT CODE SECTION 65858
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, on April 16, 2024, the City Council adopted a Moratorium on the approval, commencement, establishment, relocation or expansion of industrial uses within Specific Development No. 84 (“SD-84”) also known as the Transit Zoning Code (“TZC”) by adoption of Urgency Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods in the TZC (SD-84) through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness; and WHEREAS, the Moratorium will expire on June 1, 2024 unless extended; and WHEREAS, Government Code Section 65858 authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for 10 months and 15 days, upon approval by a fourth-fifths vote, and upon making the same findings required for the adoption of the initial forty-five (45) day Moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten days prior to the expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium; and
City Council 28 – 9 5/21/2024
Ordinance No. NS -XXXX
WHEREAS, on May 7, 2024, City staff prepared, and the City Council issued and filed a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the Moratorium; and
WHEREAS, Santa Ana Charter Sections 415 and 417 expressly authorize the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency; and WHEREAS, Government Code Section 65858, authorizes the City Council to adopt an interim urgency ordinance with a four-fifths vote, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time; and
WHEREAS, in unanimously adopting the Moratorium on April 16, 2024, the City Council of the City of Santa Ana established the following findings, all of which below remain true and applicable and necessary to support extending the Moratorium:
• The TZC, located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and
• Upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use
designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and
• The goals of the TZC are to provide a transit-supportive, pedestrian-oriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of
transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
City Council 28 – 10 5/21/2024
Ordinance No. NS - ____
• Industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to the adoption of the TZC, as far back as the late 19th century, predating modern zoning
practices that take into account irreconcilable land use conflicts among variegated land uses; and
• The TZC provides new mixed-use zoning for properties
contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixed-use zones allowed by the TZC; and
• Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called “disadvantaged communities”, in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
• The City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
• The Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana’s General Plan update complied with all aspects of SB 1000 prior to its adoption; and • As required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
• Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious,
Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict City Council 28 – 11 5/21/2024
Ordinance No. NS -XXXX
of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed
disadvantaged communities; and
• The industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
• The Logan neighborhood is the oldest Mexican and MexicanAmerican neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century; and
• The construction of Santa Ana (I-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the
northeastern portion of the Logan neighborhood; and
• In the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
• The Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and
• Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of
segregation, disinvestment, and planning practices; and • The updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban City Council 28 – 12 5/21/2024
Ordinance No. NS - ____
Neighborhood land use designations—both of which are
inconsistent with industrial uses; and
• There are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC.
Specifically, in the Logan and Lacy neighborhoods, the City’s Code Enforcement Division has investigated over 33
commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business
license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and • In the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD,
Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
• In the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange
County Health Care Agency – Certified Unified Program
Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities City Council 28 – 13 5/21/2024
Ordinance No. NS -XXXX
have caused significant pollution onto disadvantaged
communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations.
Cumulative health impacts in the area include asthma,
cardiovascular disease, and low birth weight, in this
overburdened disadvantaged community factored by
socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
• There is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218 residential units, including 11 onsite units for very-low income households, which is located less than one-fifth of a mile from industrial land uses; and
• There is a marked increase in the pending and active
development applications for industrial land uses in the TZC, including for contractor’s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations,
stemming from shifting economic demands for goods and
services emerging from the Covid-19 pandemic; and
• The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
• MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the City Council 28 – 14 5/21/2024
Ordinance No. NS - ____
comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable
communities that face the impacts of the land use conflicts within the TZC area; and
• The policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and
• Given these concerns, the City Council directed that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and
• Based on the foregoing, the City Council found that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City’s completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
• The City Council further found that if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
o Adversely impacts surrounding businesses and
neighborhoods;
o Adversely impacts sensitive uses such as residences,
schools, parks, and places where children congregate;
o Conflicts with the goals and policies of the City's General Plan;
o Long-term incompatibility and inconsistency with
surrounding uses; and
o Risks to the public health, safety and welfare of the City; and
• The City Council also determined that prevention of detrimental impacts to residents, the public interest, health, safety and welfare required the immediate enactment of the urgency City Council 28 – 15 5/21/2024
Ordinance No. NS -XXXX
ordinance and that the absence of the urgency ordinance will create a serious threat to the orderly and effective
implementation of any code amendments, general plan
amendments or specific plan amendments which may be
adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting the ordinance, found to be unacceptable; and
WHEREAS, Since the adoption of the Moratorium, City staff has begun to gather data and research the impact of these industrial uses in the TZC as set forth in the report issued by the City Council on May 7, 2204; and
WHEREAS, there is a need to study further the issues associated with industrial uses in the TZC and the impact that these uses have on the adjacent residential neighborhoods and their residents; and
WHEREAS, City staff, the Planning Commission, and the City Council each require a reasonable period of time to study the existing SD-84/TZC and to evaluate if further, permanent action to address the land use conflicts in the TZC is necessary; and WHEREAS, the City Council wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days, or until the City Council adopts an ordinance addressing the issues raised, whichever occurs first; and WHEREAS, at a duly noticed public hearing on May 21, 2024, the City Council heard testimonial evidence and all other evidence submitted from members of the public that were present and from City staff. The City Council reviewed, analyzed, considered and studied all oral and written testimony and evidence presented at the public hearing, including staff reports and presentations of City staff.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds that there is a current and immediate threat to public health, safety and welfare posed by industrial uses in SD-84, also known as, the TZC. If an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare due to adverse impacts on surrounding businesses and neighborhoods; adverse impacts on sensitive uses such as residences, schools, parks, and places where children congregate; conflicts with the goals and policies of the City’s General City Council 28 – 16 5/21/2024
Ordinance No. NS - ____
Plan; and the effect of long term incompatibility and inconsistency with surrounding uses.
Section 3. In accordance with Government Code Section 65858(d), on May 7, 2024, the City Council issued a written report describing the measures being taken to alleviate the conditions that lead to the adoption of the Moratorium and this extension thereof, attached hereto as Exhibit A and incorporated herein by reference.
Section 4. Government Code Section 65858 authorizes the City Council to adopt an interim Urgency Ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission of the planning department is considering or studying or intends to study within a reasonable time.
Section 5. Government Code Section 65858(a) provides that the City Council, after notice and a public hearing, may extend the interim Ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension requires a four-fifths vote.
Section 6. The City Council, in accordance with Government Code Section 65858 and Santa Ana Charter Sections 415 and 417 hereby adopts this uncodified Urgency Ordinance extending the Moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC for a period of ten (10) months and fifteen (15) days, commencing June 1, 2024. The Moratorium will now expire on April 15, 2025, or until the City Council adopts an Ordinance addressing the issues related to the approval, commencement, establishment, relocation or expansion of industrial uses within SD-84, also known as the TZC. For the purposes of this Urgency Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).
Section 7. This Ordinance shall have no further force and effect after a period of ten (10) months and fifteen (15) days, commencing June 1, 2024; unless, however, after public hearing the City Council, by four/fifths (4/5) vote, extend this Ordinance for a period of one more year.
Section 8. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this Ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
Section 9. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a City Council 28 – 17 5/21/2024
Ordinance No. NS -XXXX
direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 10. 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 11. This Ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this Ordinance.
Section 12. 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 ___________________, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_____________________________
Laura A. Rossini
Chief Assistant City Attorney
City Council 28 – 18 5/21/2024
Ordinance No. NS - ____
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 Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________________, 2024.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 28 – 19 5/21/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 7, 2024
TOPIC: Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following the Adoption of Urgency Interim Ordinance No. NS-3063
AGENDA TITLE
Ten-Day Written Report Pursuant to California Government Code Section 65858(d) Following Adoption of Urgency Interim Ordinance No. NS-3063, a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
RECOMMENDED ACTION
Issue and file a Council report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of Urgency Interim Ordinance No. NS-3063, on April 16, 2024, regarding a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 (the Transit Zoning Code).
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
Pursuant to Section 65858(d) of the California Government Code, the purpose of this staff report is to provide a written report no less than ten days prior to the expiration of Urgency Interim Ordinance No. NS-3063 describing the measures City staff has taken to alleviate the condition which led to the adoption of the Ordinance.
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063, which establishes a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in Specific Development No. 84, also known as the Transit Zoning Code (commonly referred to as the “Transit Zoning Code” or “TZC”) while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary.
Urgency Interim Ordinance No. NS-3063 shall have no further force and effect 45 days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance Exhibit A
City Council 28 – 20 5/21/2024
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
for an initial extension period of ten (10) months and fifteen (15) days. Based on the adoption date of April 16, 2024, the Ordinance is scheduled to expire on June 1, 2024.
As City staff begins to analyze and prepare an evaluation of industrial business uses within the TZC, the evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether further, permanent action is necessary. Such action may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC.
DISCUSSION
Background
On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063 to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent neighborhoods through the following conditions, including: code enforcement active cases; irreconcilable land use conflicts in the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public health concerns; and external regulatory agency responsiveness. During the urgency interim moratorium period, the City will not issue permits that result in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC.
Measures Taken
Review of City Department Activities
Immediately following the adoption of the 45-day moratorium, staff conducted an interagency meeting, which included representatives from multiple City departments.
These departments include the Planning Division, Building Safety Division, Code Enforcement Division, Business License, and Information Technology. Moreover, engagement with additional agencies such as the Police Department, Public Works Agency, and the Community Development Agency’s Economic Development Division has produced critical information illustrating the extent to which industrial activities are intertwined with residential land uses in the TZC area, specifically and most concentrated in the Logan and Lacy neighborhoods.
Data based on Business License and Economic Development records indicate that the application of Urgency Interim Ordinance No. NS-3063 affects up to 130 industrial businesses in the TZC. Of these, over one-dozen have active applications for permits, the majority of which are to legalize unpermitted work on industrial properties and address ongoing Code Enforcement Division notices of violation.
City Council 28 – 21 5/21/2024
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
City staff continues to gather, review, and analyze information regarding affected industrial businesses within the TZC. Specific data and reporting pertains to applications submitted by industrial businesses for permits, entitlements, certificates of occupancy, business licenses, and other relevant records immediately prior to and following the adoption of the Urgency Interim Ordinance and currently being reviewed by City staff.
Requests for information on calls for service and incident activities responded to by public safety departments of the Santa Ana Police Department and Orange County Fire Authority (OCFA) are being reviewed by City staff to understand and validate public safety concerns or impacts shared by neighbors in disadvantaged communities with actual calls and emergencies reported.
In addition, City staff continues to monitor Code Enforcement Division activities and implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code Enforcement staff will broaden data reports that show enforcement activity beyond the Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the Urgency Interim Ordinance on April 16, 2024, 17 active open cases were issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.
Review of Records and Activities of External Agencies
To broaden the analysis beyond the City's local land use impacts, City staff have initiated public records requests of violation records and violation status of outside regulatory agencies, and have contacted staff from external regulatory agencies such as the South Coast Air Quality Monitoring District (SCAQMD), Santa Ana Regional Quality Water Control Board, the Department of Toxic Substances Control, and others responsible for issuing supportive permits for industrial uses in the TZC. Specifically, these agencies are responsible for permit issuance, compliance activities, and/or monitoring hazardous clean-up sites, or other industrial facility-related activities and have received current data requests for sites located within SD No. 84.
Data from external regulatory agencies would assist City staff in further understanding activities between external regulatory agencies and industrial businesses that may place additional impacts on public health, safety, and welfare in affected neighborhoods adjacent to industrial businesses in the TZC. This information would enable City staff to understand the correlation and environmental burdens that may be attributed to permitted activities for industrial businesses in historically environmentally disadvantaged communities, specifically the Logan and Lacy neighborhoods. In City Council 28 – 22 5/21/2024
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
response to the City’s request, SCAQMD clarified the need to process the records request by larger geographic areas, not specifically matching the boundaries of the TZC. When reports become available to the City, additional time will be needed for City staff to carefully review and analyze other internal data to understand all activities (internal and external) and affected industrial businesses.
Comprehensive Zoning Code Update and Neighborhood Engagement City staff continues to work with Project Consultant Moore, Iacofano, Goltsman, Inc. (MIG) to ensure the City’s Zoning Code and General Plan are consistent and, to maintain compliance with state law, comprehensive amendments to the Zoning Code are required.
MIG and City staff have already conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division will continue to coordinate with City departments, external regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and immediate solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. In addition, the NIES team has been working with the residents selected to represent the City’s EJ Clusters to complete the formation of the EJ Action Committee, the community-led EJ advocacy group, to guide the prioritization and resource investments to implement the City’s General Plan EJ Policies and Implementation Actions.
Next Steps
Staff implements the 45-day moratorium established by Urgency Interim Ordinance No.
NS-3063 through ongoing interagency coordination. Moreover, staff will continue to analyze and prepare an evaluation of industrial business uses within the TZC, which will enable staff to generate recommendations to the Planning Commission and City Council to determine whether an extension of the 45-day moratorium is recommended.
If an extension is recommended, it would be placed on the May 21, 2024 City Council agenda as a public hearing item, which is prior to the June 1 expiration date.
City Council 28 – 23 5/21/2024
Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) May 7, 2024
During the 45-day moratorium and any potential extension period, staff will evaluate if further, permanent action to address the land use conflicts in the TZC is necessary.
Such action may entail a zoning map amendment, zoning text amendment, or both, which would permanently address industrial land uses in the TZC.
Meeting Date Display
FISCAL IMPACTS
There is no fiscal impact associated with this action.
EXHIBITS
1. Adopted Urgency Interim Ordinance No. NS-3063
2. April 16, 2024 City Council Staff Report
Submitted By: Minh Thai, Planning and Building Agency Executive Director Approved By: Alvaro Nuñez, Acting City Manager
City Council 28 – 24 5/21/2024
ORDINANCE NO. NS- 3063
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45- DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four -fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five ( 45) days from its date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the Transit Zoning Code ( TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use designations for the areas covered by the TZC to allow for new, mixed -use residential and commercial communities; and WHEREAS, the goals of the TZC are to provide a transit -supportive, pedestrian - oriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to the adoption of the TZC, as far back as the late 1 gth century, predating modern Ordinance No. INS - 3063
City Council 28 – 25 5/21/2024
zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and
WHEREAS, the TZC provides new mixed -use zoning for properties contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixed - use zones allowed by the TZC; and
WHEREAS, Senate Bill ( SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called " disadvantaged communities', in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision -making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health -inducing benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana' s General Plan update complied with all aspects of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
WHEREAS, numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU- 1. 1 ( Compatible Uses), Policy LU- 3. 8 ( Sensitive Receptors), Policy LU-3.9 Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU- 3. 11 ( Air Pollution Buffers), Policy LU- 4.3 (Sustainable Land Use Strategies), Policy LU- 4.6 ( Healthy Living Conditions), Policy CM-3.2 ( Healthy Neighborhoods), Policy EP- 1. 9 ( Avoid Conflict of Uses), and Policy CN- 1. 5 ( Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
Ordinance No. NS - 3063
WHEREAS, the Logan neighborhood is the oldest Mexican and Mexican - American neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century and
WHEREAS, the construction of Santa Ana ( 1- 5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and WHEREAS, in the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as " disadvantaged communities" by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and WHEREAS, the updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations —both of which are inconsistent with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan and Lacy neighborhoods, the City's Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC' s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and WHEREAS, in the Logan neighborhood, 52 industrial facilities ( automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Ordinance No. INS - 3063
City Council 28 – 27 5/21/2024
Coast AQMD, Orange County Health Care Agency — Certified Unified Program Agencies ( OC CUPA), Santa Ana Regional Water Quality Board ( SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2. 5 ( PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and WHEREAS, in the Lacy neighborhood, 76 industrial facilities ( automotive, warehouse/ storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency — Certified Unified Program Agencies ( OC CUPA), Santa Ana Regional Water Quality Board ( SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2. 5 ( PM2. 5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed -use development with 218 residential units, including 11 onsite units for very -low income households, which is located less than one -fifth of a mile from industrial land uses; and WHEREAS, there is a marked increase in the pending and active development applications for industrial land uses in the TZC, including for contractor' s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations, stemming from shifting economic demands for goods and services emerging from the Covid- 19 pandemic; and WHEREAS, The City Council approved a contract with Moore, lacofano, Goltsman, Inc. ( MIG) on October 17, 2023. To ensure the City's Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
Ordinance No. NS - 3063
WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning -related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City's completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
1) Adversely impacts surrounding businesses and neighborhoods; 2) Adversely impacts sensitive uses such as residences, schools, parks, and places where children congregate;
3) Conflicts with the goals and policies of the City's General Plan; 4) Long-term incompatibility and inconsistency with surrounding uses; and 5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this urgency ordinance.
The absence of this urgency ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create Ordinance No. NS - 3063
City Council 28 – 29 5/21/2024
impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable; and
WHEREAS, the City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of this urgency ordinance by a four -fifths vote of the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (" CEQA") pursuant to sections 15061( b)( 3) and 15061( b)( 5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time.
Section 4. The City Council, in accordance with Government Code Section 65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whether an extension pursuant to the Government Code is necessary. For the purposes of this Ordinance, " industrial uses" includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41- 2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code ( Specific Development No. 84).
Section 5. This ordinance shall have no further force and effect forty-five ( 45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four/fifths ( 4/5) vote, extend this ordinance for an initial period of ten ( 10) months and fifteen ( 15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year.
Ordinance No. NS - 3063
Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1- 8 of Chapter 1 of the Code.
Section 7. 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 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this ordinance.
Section 9. 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 16t' day of April, 2024,
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: CJ WAQ-y N -
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernande Lopez
Penaloza Phan. Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Ordinance No. NS - 3063
City Council 28 – 31 5/21/2024
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- 3063 to be the original ordinance adopted by the City Council of the City of Santa Ana on April 16, 2024.
Date: 4 k acat-\- akCity
Ordinance No. NS - 3063
28. Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
(A copy of the full text of the proposed urgency ordinance is available for review in the City Clerk’s Office)
Department(s):
Recommended Action:
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
City Council 28 – 33 5/21/2024
Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 16, 2024
TOPIC: Transit Zoning Code Urgency Interim Ordinance (Moratorium)
AGENDA TITLE
Urgency Interim Ordinance Pursuant to Section 65858(a) of the California Government Code Adopting a 45-day Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses within Specific Development No. 84
RECOMMENDED ACTIONS
1. Adopt an urgency ordinance by four-fifths (4/5) vote, pursuant to California Government Code Section 65858(a), adopting a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
ORDINANCE NO. NS-XXXX entitled AN URGENCY INTERIM ORDINANCE OF
THE CITY OF SANTA ANA PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A 45-DAY MORATORIUM ON THE APPROVAL,
COMMENCEMENT, ESTABLISHMENT, RELOCATION OR EXPANSION OF INDUSTRIAL USES WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
2. Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project.
GOVERNMENT CODE §84308 APPLIES: No
EXECUTIVE SUMMARY
Staff is recommending adoption of an urgency interim ordinance, pursuant to Government Code Section 65858(a), also known as a moratorium, to address current and immediate threats to public health, safety, and welfare, due to growing code City Council 28 – 34 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
enforcement complaints stemming from the irreconcilable land use conflicts within the Specific Development No. 84 zoning district (commonly referred to as the “Transit Zoning Code” or “TZC”). Specifically, in the Logan and Lacy neighborhoods, and surrounding areas, the City’s Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period is creating a public nuisance that is straining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods.
If adopted, the urgency ordinance would establish a 45-day moratorium on the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC while City staff researches appropriate regulations and determines whether an extension pursuant to the Government Code is necessary. The urgency ordinance shall have no further force and effect 45-days from the date of its adoption, unless, after a report on the first 45 days and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend this ordinance for an initial extension period of ten (10) months and fifteen (15) days.
DISCUSSION
Background
Specific Development No. 84 (the Transit Zoning Code)
The Specific Development No. 84 zoning district, also known as the Transit Zoning Code (“TZC”), is located in the central urban core of the City and comprises over 100 blocks and 450 acres. The TZC includes the Civic Center, Downtown, and the Logan and Lacy neighborhoods, which are among the City’s most historic in age and in established residential communities. As shown in Exhibit 2, the TZC is generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the Santa Ana (I-5) Freeway. Prior to the implementation of the TZC, the area consisted of a wide range of civic, commercial, industrial, and residential land uses under a variegated amalgamation of zoning districts and their regulations.
In June 2010, the City Council adopted Ordinance No. NS-2804, adopting various entitlements approving the creation of the TZC. The TZC established a transitsupportive, pedestrian-oriented development framework to support the addition of new transit infrastructure; preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and City Council 28 – 35 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
design standards; encourage alternative modes of transportation; provide for a range of housing options; and allow for the reuse of existing structures.
Moreover, the TZC provided new zoning for all of the properties contained within its boundary with the exception of those properties zoned Light Industrial (M1) or Heavy Industrial (M2). These M1 and M2 properties retained their existing zoning, but were covered by two overlay zones that allows for the option of future mixed-use development to be exercised at the discretion of the property owner. In support of the TZC, the City Council also approved a General Plan amendment, establishing numerous mixed-use General Plan land use designations for the entirety of the TZC. In these industrial overlay areas, however, the resulting new General Plan land use designations immediately resulted in zoning inconsistencies and land use conflicts between the new General Plan land use designations and the industrial overlays.
Since 2010, and specifically in the Logan and Lacy neighborhoods, these industrial uses have remained, changed ownership, undergone expansions or intensifications, and created numerous land use conflicts and disturbances that affect surrounding residential communities. Specifically, in the Logan neighborhood alone, these land uses create quality of life, health and safety, and other trespass issues for residential properties that often directly abut these industrial land uses. These issues include odors, dust, traffic, noise, vibrations, and other documented impacts that have taken place for nearly a decade and a half, despite the change in underlying General Plan land use designation.
Comprehensive Zoning Code Update
The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required. Necessary amendments include the creation of new zoning district designations and corresponding development standards; updates to the definitions, signage, nonconforming, and parking sections; reorganization of the entire Zoning Code to a more user-friendly format; and new standards to reflect new land use trends, economic development trends, and land use goals of the City.
MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area.
City Council 28 – 36 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
Historically Disadvantaged Communities
Prior to the adoption of the City’s Transit Zoning Code (TZC), the City permitted industrial uses within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools. By way of context, the Logan neighborhood represents the oldest Mexican and Mexican-American neighborhoods of Santa Ana and one of the oldest barrios in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy land due to restrictions and covenants based on race during the first half of the 20th century. Moreover, as a neighborhood, the area was established before the modern practice of separating impactful land uses, also known as zoning. The Logan neighborhood itself originated as early as 1886 and was largely settled by 1900, before the practice of zoning was enshrined by Village of Euclid v. Ambler Realty Co. in 1926. By then, the neighborhood comprised residential, industrial, commercial, and related land uses, with issues further exacerbated by rail lines, fuel storage depots, and the construction of the Santa Ana Freeway between 1947 and 1956.
Comprehensive data analysis and mapping tools generated by the California EPA (CalEPA), the Center for Diseases Control/Agency for Toxic Substances and Disease Registry (CDC/ATSDR), the U.S. EPA (EPA), and California Healthy Places Index (HPI), present concerning information regarding environmental conditions impacting residents in the Logan and Lacy neighborhoods. Exhibit 3 of this report references EJ maps showing rankings of at least 90% or higher in heavy air pollution attributed to indicators describing exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter, Air Toxics Cancer Risk, Toxic Releases to Air, and Hazardous Water Proximity exposures. Multiple sources of environmental exposure and pollution burden into communities of color, including the Logan and Lacy neighborhoods, presents an alarming set of challenges and decline in healthy community conditions that will impact their quality of life and life expectancy with continued heavy industrial uses nearby.
Implementation of Senate Bill (SB 1000), City General Plan Update (GPU), and new Environmental Justice (EJ) Policies and Actions
SB 1000 went into effect in 2016, requiring local governments to address pollution and other hazards that disproportionately impact low-income and communities of color within their jurisdiction as a way to proactively plan for and address environmental concerns when developing and updating components of the General Plan. During this period, the City began and extended its comprehensive public engagement process for the General Plan Update through its adoption in April 2022. The City and community worked to ensure that the new General Plan included SB 1000 requirements of addressing environmental justice in local general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing City Council 28 – 37 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options.
Of note, the new General Plan mixed-use land use designations in the TZC area were largely left intact, including those in the Lacy and Logan neighborhoods, when the General Plan Update was adopted in 2022.
Santa Ana’s current General Plan champions implementation policies, including 77 EJ actions that address air quality, noxious uses, water safety, residential lead exposure in the soil, and other environmental public health conditions. City staff, over the past year, have worked on a process to create an EJ Action Committee of EJ cluster area residents, community-based organizations (CBOs), and County and City staff representatives, to guide implementation and resource investments to protect neighborhoods from experiencing any further environmental harm. For the Logan and Lacy neighborhoods, incompatible land uses allowed from past zoning decisions, including the industrial overlay zones, have perpetuated the practices of locating industrial uses or other noxious and unwanted uses, in close proximity to communities of color.
Code Enforcement and Immediate Ongoing Issues
In the Lacy and Logan neighborhoods within the TZC, the Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. These violations include issues of odors, dust, traffic, noise, vibrations, and other documented impacts. The close proximity of active open industrial cases during a short period is creating a public nuisance that is harming public health, safety, and general welfare of the two residential neighborhoods from the concentration of open code enforcement cases nearby.
Since June 2023, the TZC communities have experienced a marked increase in impacts stemming from the irreconcilable industrial and residential land use conflicts in the Logan and Lacy neighborhoods. Residents in the TZC have increased their reporting of complaints and public health concerns to City staff regarding emitted contaminants and zoning violations from industrial businesses in the neighborhoods. Concerns that range from air pollution and smoke, toxic release exposures, idling trucks on residential streets, lead exposure, illegal storage, unpermitted uses, loud noise at night, and other property maintenance pose an immediate public health threat that is straining public resources to continuously investigate and address these matters. Six months ago, a fire incident at Macera Crematory, located at 1020 Fuller Street, alarmed neighbors at 9:18 p.m. on August 29, 2023. Neighbors shared with City officials disturbing video of high flames escaping the stack on the rooftop, the screeching noise that went nonstop for 10 minutes, and what they described as a foul odor attributed to the fire. As City staff City Council 28 – 38 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
followed up with external regulatory agencies issuing permits to operate this facility, and quickly, staff observed the limitations from regulatory agencies and their compartmentalized processes to investigate and act on enforcement measures.
Since 2022, the City has enhanced community services by restructuring its Planning Division to contain a Neighborhood Initiatives and Environmental Services (NIES) section, which oversees, among other functions, environmental justice efforts in Santa Ana and regional coordination to address such issues. Despite this restructuring, it is now well documented that the NIES section’s coordination with external regulatory agencies has not resulted in a favorable outcome in enforcement by responsible external agencies such as South Coast Air Quality Management District (SCAQMD), California Department of Consumer Affairs Cemetery and Funeral Bureau (CFB), and Orange County Fire Authority (OCFA) in many of these investigations. In response, the City has adopted new regulations such as a Noxious Uses Ordinance (Ordinance No.
NS-3044, adopted June 20, 2023), which amends Zoning Ordinance No. 2023-01 that includes: a notification requirement to the City by the property owner to obtain a permit from a regulatory public agency; a requirement of a 1,000 linear foot distance buffer measured from the outermost boundary of the subject property; and a conditional use permit requirement from a regulatory public agency to handle, store, emit, or discharge particulate materials, exhaust emissions, or regulated compounds, or chemicals near a public park, school (K-12), or property zoned for residential purposes.
City staff have also researched commercial real estate acquisition data and current for sale properties to identify any trends that could potentially generate an increase in the application of the City’s Noxious Uses Ordinance for proposed or expanded industrial uses. From September 2022 to date, seven properties, primarily industrial businesses, sold and three of those businesses (800-808 E. Washington Avenue, 1045 Fuller Street, and 923 N. Logan Street) are located in the Logan neighborhood. Currently, two large properties are in the market for multifamily and land types located in the TZC.
Environmental Justice (EJ)/Disadvantaged Communities (DACs) Profile: Logan and Lacy neighborhood impacts
A demographic profile of the Lacy and Logan neighborhoods combined represent a population of 5,907, which encompass 1,564 households, a median household income of $56,864, average household size is nearly four persons, median age is 27 years, percapita income is $23,495, and 74% comprise renter-occupied units based on demographic forecasts for 2023. Nearly 25% of the population is under 14 years of age and 14% are 55 years of age and older. Nearly 3% of the population attended up to 12th grade with no diploma, over 31% are high school graduates, and nearly 97% of the working population over 16 years of age are employed.
This data illustrates that the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90% or City Council 28 – 39 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model. Failure to address ongoing irreconcilable land use conflicts that are the target of this moratorium will further exacerbate the ongoing demographic and environmental justice challenges that these two neighborhoods within the TZC have grappled with since their founding.
General Plan Inconsistency with Present Land Uses
Numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities.
The purpose of the interim ordinance is to immediately offer protection of public health, safety, and welfare from these irreconcilable land use conflicts in the TZC, during the time that City staff analyzes and prepares an evaluation of industrial business uses within the TZC. Such an evaluation will enable staff to generate recommendations to the Planning Commission and City Council to determine whether industrial uses should be permitted in the zoning district, and, if not, proceed with an ordinance and zoning map amendment to the district. During the interim moratorium period, City staff will not issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property for the purposes of industrial business use in the TZC.
ENVIRONMENTAL IMPACT
This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation, or expansion of uses in the zoning district.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
City Council 28 – 40 5/21/2024
Transit Zoning Code Urgency Interim Ordinance (Moratorium) April 16, 2024
EXHIBITS
1. Interim Ordinance (Moratorium)
2. Transit Zoning Code (TZC) Map
3. Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps City General Plan Environmental Justice Implementation Actions
4. City General Plan Environmental Justice (EJ) Implementation Actions Submitted By: Ali Pezeshkpour, AICP, Planning Manager
Approved By: Alvaro Nuñez, Acting City Manager
City Council 28 – 41 5/21/2024
Ordinance No. NS - ____
ORDINANCE NO. NS-XXXX
AN URGENCY ORDINANCE OF THE CITY OF SANTA
ANA PURSUANT TO GOVERNMENT CODE SECTION
65858 ADOPTING A 45-DAY MORATORIUM ON THE
APPROVAL, COMMENCEMENT, ESTABLISHMENT,
RELOCATION OR EXPANSION OF INDUSTRIAL USES
WITHIN SPECIFIC DEVELOPMENT NO. 84 ZONING
DISTRICT
WHEREAS, the City of Santa Ana has the police power pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and
WHEREAS, Specific Development No. 84 zoning district, also known as the Transit Zoning Code (TZC), located in the central core of Santa Ana, comprises approximately 450 acres, encompasses the Logan, Lacy, and Downtown neighborhoods, and was adopted by the City Council on June 7, 2010; and WHEREAS, upon the initial adoption of the TZC in 2010, the General Plan of the City of Santa Ana was updated with new land use designations for the areas covered by the TZC to allow for new, mixed-use residential and commercial communities; and WHEREAS, the goals of the TZC are to provide a transit-supportive, pedestrianoriented development framework to support the addition of new and enhancement of existing communities through transit infrastructure; to preserve and reinforce the existing character and pedestrian nature of the City by strengthening urban form through improved development and design standards; to encourage alternative modes of transportation; to provide zoning for the integration of new infill development into existing neighborhoods; to provide for a range of housing options; and to allow for the reuse of existing structures; and
WHEREAS, industrial uses were established within the Logan and Lacy neighborhoods in close proximity to sensitive land uses such as residences and schools prior to the adoption of the TZC, as far back as the late 19th century, predating modern zoning practices that take into account irreconcilable land use conflicts among variegated land uses; and
City Council 28 – 42 5/21/2024
Ordinance No. NS -XXXX
WHEREAS, the TZC provides new mixed-use zoning for properties contained within its boundary while creating industrial overlay zones allowing properties being used as industrial uses at the time of its adoption to continue to be governed by industrial zoning districts until such time that properties were converted to the mixeduse zones allowed by the TZC; and WHEREAS, Senate Bill (SB) 1000 went into effect in 2018, requiring local governments to identify environmental justice communities, called “disadvantaged communities”, in their jurisdictions and address environmental justice in their general plans through facilitating transparency and public engagement in the planning and decision-making processes, reducing harmful pollutants and the associated health risks in disadvantaged communities, and promoting equitable access to health-inducing benefits such as healthy housing options; and
WHEREAS, the City of Santa Ana completed a comprehensive update of its General Plan in April 2022; and
WHEREAS, the Office of the Attorney General of the State of California was actively involved in ensuring Santa Ana’s General Plan update complied with all aspects of SB 1000 prior to its adoption; and
WHEREAS, as required by SB 1000, update of the General Plan and its associated land use plan identified and addressed long standing environmental justice issues throughout all of its elements, which include 77 implementation actions aimed at reducing harmful pollutants and associated health risks in disadvantaged communities; and
WHEREAS, numerous policies of the General Plan are inconsistent with the present, irreconcilable land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 (Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at correcting past land use planning practices that have placed an unequitable environmental and health burden on certain neighborhoods now termed disadvantaged communities; and
WHEREAS, the industrial overlay zones in the TZC perpetuate past planning practices of locating industrial uses, or other noxious and unwanted uses, in close proximity to communities of color; and
WHEREAS, the Logan neighborhood is the oldest Mexican and MexicanAmerican neighborhood in Santa Ana and one of the oldest in Orange County, and one of the few places where Mexicans and those of Mexican descent were allowed to buy City Council 28 – 43 5/21/2024
Ordinance No. NS - ____
land due to restrictions and covenants based on race during the first half of the 20th century and
WHEREAS, the construction of Santa Ana (I-5) Freeway through Santa Ana in the 1950s resulted in a number of families being displaced through the demolition of single-family homes in the northeastern portion of the Logan neighborhood; and WHEREAS, in the 1970s a proposed expansion of an arterial highway along Civic Center Avenue would have demolished a significant portion, if not all, of the Logan neighborhood; and
WHEREAS, the Logan and Lacy neighborhoods are within the second and third highest scored census tracts in Santa Ana, each with a composite score of 90 percent or greater, ranking in the 90th percentile or greater of census tracts in the State, and identified as “disadvantaged communities” by the Office of Environmental Health Hazard Assessment (OEHHA) in its CalEnviroScreen model; and WHEREAS, Assembly Bill (AB) 686 requires local jurisdictions to take deliberate actions to explicitly address, combat, and relieve disparities to disadvantaged communities, such as Logan and Lacy neighborhoods, resulting from past patterns of segregation, disinvestment, and planning practices; and WHEREAS, the updated land use plan in the Land Use Element of the General Plan does not designate any properties within the TZC, including the Logan or Lacy neighborhoods, as industrial; rather, are designated as varying intensities of District Center or Urban Neighborhood land use designations—both of which are inconsistent with industrial uses; and
WHEREAS, there are pressing and growing code enforcement complaints stemming from the irreconcilable land use conflicts in the TZC. Specifically, in the Logan and Lacy neighborhoods, the City’s Code Enforcement Division has investigated over 33 commercial and industrial properties in the past nine months and currently has 17 active open cases that have been issued Notice of Violations and administrative citations for the following types of violations: illegal storage, land use, zoning, property and landscape maintenance, unpermitted work, business license, and certificate of occupancy. The close proximity of active open industrial cases during a short period of time is creating a public nuisance that is draining City resources and that is harming public health, safety, and general welfare of the TZC’s existing and new residential neighborhoods from the concentration of open code enforcement cases nearby; and WHEREAS, in the Logan neighborhood, 52 industrial facilities (automotive, warehouse/storage, crematory, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority. Industrial facilities have caused significant pollution exposure to City Council 28 – 44 5/21/2024
Ordinance No. NS -XXXX
disadvantaged communities, including lead risk in soil and housing, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter. CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and WHEREAS, in the Lacy neighborhood, 76 industrial facilities (automotive, warehouse/storage, towing yards, construction) are presently in close proximity to sensitive uses monitored by external regulatory agencies such as South Coast AQMD, Orange County Health Care Agency – Certified Unified Program Agencies (OC CUPA), Santa Ana Regional Water Quality Board (SARWQB), Orange County Fire Authority.
Industrial facilities have caused significant pollution onto disadvantaged communities, including lead risk exposure, diesel particulate matter from idling trucks, toxic release from facilities, traffic impacts, noise pollution, vibration impacts, and airborne particulate matter or fine inhalable particles of 2.5 (PM2.5) microns or less in diameter.
CalEnviroScreen reports higher environmental effects from active facility cleanup sites, hazardous waste facilities, and solid waste locations. Cumulative health impacts in the area include asthma, cardiovascular disease, and low birth weight, in this overburdened disadvantaged community factored by socioeconomic indicators of poverty, linguistic isolation, housing burden, and education; and
WHEREAS, there is a recent surge in residential development activity in the TZC that is exacerbating the irreconcilable land use conflicts between residential and industrial land uses. Examples include the Lacy Crossing residential development with over 100 ownership units directly adjacent to existing industrial land uses, for which the City receives regular complaints from residential occupants of disturbances from noise, vibrations, odors, and truck traffic; and the Rafferty mixed-use development with 218 residential units, including 11 onsite units for very-low income households, which is located less than one-fifth of a mile from industrial land uses; and WHEREAS, there is a marked increase in the pending and active development applications for industrial land uses in the TZC, including for contractor’s yards, construction debris storage yards, manufacturing operations, expansion of existing industrial businesses, and storage and warehousing operations, stemming from shifting economic demands for goods and services emerging from the Covid-19 pandemic; and WHEREAS, The City Council approved a contract with Moore, Iacofano, Goltsman, Inc. (MIG) on October 17, 2023. To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are required; and
WHEREAS, MIG and City staff have conducted extensive community outreach, stakeholder interviews, and reviews of existing zoning-related codes and policies in City Council 28 – 45 5/21/2024
Ordinance No. NS - ____
Santa Ana. These early efforts have indicated that the irreconcilable land use conflicts and land use inconsistencies in the TZC area are among the top, most pressing topics that must be addressed as part of the comprehensive Zoning Code Update process in order to protect the health, safety, and welfare of the most vulnerable communities that face the impacts of the land use conflicts within the TZC area; and WHEREAS, the policies and implementation actions in the General Plan also require review, study, and possible revision in order to respond to recent concerns relating to the impacts of these industrial business uses in the TZC; and WHEREAS, given these concerns, the City Council hereby directs that a study be undertaken of the current provisions of the TZC to address industrial business uses and determine whether such uses should be permitted in the zoning district, and if not, proceed with an ordinance amendment to preclude such uses from the district; and WHEREAS, based on the foregoing, the City Council finds that continuing to issue permits, business licenses, or other applicable entitlements to individuals wishing to use their property located in the TZC for the purposes of industrial business use, prior to the City’s completion of its study of the potential impact of such uses, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements in the TZC area is thus necessary; and
WHEREAS, if an industrial business use is permitted in the TZC without further review and potential regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons:
(1) Adversely impacts surrounding businesses and neighborhoods; (2) Adversely impacts sensitive uses such as residences, schools, parks, and places where children congregate;
(3) Conflicts with the goals and policies of the City's General Plan; (4) Long-term incompatibility and inconsistency with surrounding uses; and (5) Risks to the public health, safety and welfare of the City; and WHEREAS, prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this urgency ordinance.
The absence of this urgency ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; industrial business uses may be in conflict with or frustrate the contemplated updates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable; and
City Council 28 – 46 5/21/2024
Ordinance No. NS -XXXX
WHEREAS, the City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of this urgency ordinance by a four-fifths vote of the City Council.
NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as the ordinance will temporarily preclude the approval, commencement, establishment, relocation or expansion of uses in the zoning district.
Section 3. California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning department is considering or studying or intends to study within a reasonable time.
Section 4. The City Council, in accordance with Government Code Section 65858, hereby adopts this urgency ordinance establishing a 45-day moratorium on the approval, commencement, establishment, modification, relocation or expansion of industrial uses in the TZC while City staff researches appropriate regulations and whether an extension pursuant to the Government Code is necessary. For the purposes of this Ordinance, “industrial uses” includes those specified by Divisions 18 and 19 of Article III of Chapter 41 of the Santa Ana Municipal Code, and by Section 41-2007 of the Santa Ana Municipal Code and Table 2A in the Transit Zoning Code (Specific Development No. 84).
Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four/fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and subsequently, after public hearing, the City Council members, by four/fifths (4/5) vote, extend this ordinance one more year.
Section 6. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of Chapter 1 of the Code.
City Council 28 – 47 5/21/2024
Ordinance No. NS - ____
Section 7. 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 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1 of this ordinance.
Section 9. 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 ___________________, 2024.
_______________________
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: ________________________________________ City Council 28 – 48 5/21/2024
Ordinance No. NS -XXXX
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 _______________________, 2024.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 28 – 49 5/21/2024
H
H
H
WASHINGTON AV WASHINGTON AV WASHINGTON AV
FLOWER ST FLOWER ST
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CIVIC CENTER DR
CIVIC CENTER DR
1ST ST 1ST ST 1ST ST 1ST ST 1ST ST 1ST ST
1ST ST
4TH ST 4TH ST 4TH ST 4TH ST 4TH ST 4TH ST
GARNSEY ST
MAIN ST MAIN ST MAIN ST MAIN ST
BROADWAY BROADWAY BROADWAY BROADWAY
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HICKORY ST
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CYPRESS AV
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6TH ST
DURANT ST
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6TH ST
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BUSH ST
SPURGEON ST
FRENCH ST
MORTIMER ST
FLOWER ST FLOWER ST
LINCOLN AV
6TH ST
10TH ST
WELLINGTON AV
HATHAWAY ST
STAFFORD ST
BIRCH ST
14TH ST
VAN NESS AV
PENN WY
3RD ST 3RD ST 3RD ST 3RD ST 3RD ST 3RD ST SPURGEON ST SPURGEON ST 10TH ST
PORTER ST
HALESWORTH ST
LACY ST
5TH ST 5TH ST 5TH ST
SANTA ANA BLVD
LIME ST
WASHINGTON AV
14TH ST
6TH ST
SANTA FE ST
VANCE ST
BROWN ST
LACY ST
HATHAWAY ST
GARFIELD ST
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MINTER ST
MARTHA LN
STAFFORD ST
11TH ST
12TH ST
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10TH ST
GARFIELD ST
LACY ST
14TH ST
8TH ST
9TH ST
MINTER ST
POINSETTIA ST
10TH ST
2ND ST
FRUIT ST
EASTWOOD AV
BREEDEN ST
PARTON ST
14TH ST
2ND ST
3RD ST
POINSETTIA ST
POINSETTIA ST
SANTA FE ST
RIVERINE AV
FULLER ST
LACY ST
5TH ST
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2ND ST
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TERMINAL ST
SPURGEON ST
EASTWOOD AV
TERMINAL ST
BIRCH ST
SANTIAGO ST
0 275 550 1,100 1,650 2,200 2,750
Feet /
Transit Zoning Code SD-84
District Boundary
Corridor (CDR)
Downtown (DT)
Government Center (GC)
Open Space (OS)
Transit Village (TV)
Urban Center (UC)
Urban Neighborhood (UN-1)
Urban Neighborhood (UN-2)
Industrial Overlay M-1 (OZ)
Industrial Overlay M-2 (OZ)
SD-84
City Council 28 – 50 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps City Council 28 – 51 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The Community Summary infographic data are from ESRI 2023 forecasts, U.S. Census Bureau, and prior year American Community Survey results. Data references population, race and ethnicity, income, age, employment, homeownership, and a population density greater than the City’s population density of 12,471.5 people per square mile.
City Council 28 – 52 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The CalEnviroScreen 4.0 provides an insight into vulnerable communities that are most affected by pollution burdens, with special consideration on race and ethnicity. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana at 90% or above as being burdened by pollution.
City Council 28 – 53 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Disadvantaged Communities (DACs) within the City of Santa Ana, with both Logan and Lacy neighborhoods falling into that category. The CalEPA has responsibility for identifying those communities and CalEPA’s designation of disadvantaged communities must be based on “geographic, socioeconomic, public health, and environmental hazard” criteria. CalEPA DACs affect an entire or a portion of thirty-three of Santa Ana’s neighborhoods.
City Council 28 – 54 5/21/2024
The Center for Diseases Control (CDC) Environmental Justice Index Map uses data from the U.S. Census Bureau, and other federal agencies to rank the cumulative impacts of environmental injustices on health for every census tract.
The map below shows the census tract that includes part of the Lacy neighborhood, which appears to rank HIGH in air pollution due to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air Toxics Cancer Risk indicators.
City Council 28 – 55 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below shows the census tract that includes the Logan neighborhood, which appears to rank HIGH in air pollution related to exposure to Particulate Matter (PM) 2.5, Diesel Particulate Matter from idling trucks, and Air Toxics Cancer Risk indicators.
City Council 28 – 56 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The EPA’s Environmental Justice map and screening tool uses national consistent data combining environmental and demographic indicators in maps and reports. The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Air Toxics Cancer Risk, reflecting at 90% or higher.
City Council 28 – 57 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Diesel Particulate Matter indicating percentiles above 90%.
City Council 28 – 58 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Hazardous Water Proximity, showing a percentile of 95% or above.
City Council 28 – 59 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Particulate Matter (PM) 2.5 reflecting a heavy burden of 95% and above in the percentile score.
City Council 28 – 60 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below highlights the Logan and Lacy neighborhoods within the City of Santa Ana’s ranking as it relates to Lead Paint showing that the percentile is within 80% and 90%.
City Council 28 – 61 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The map below indicates the Logan and Lacy neighborhoods within the City of Santa Ana ranking as it relates to Toxic Releases to Air showing a high percentile score of 90%.
City Council 28 – 62 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
The Healthy Places Index (HPI) comprises a data and policy platform to advance equitable community investments, develop critical programs and policies and advance health equity through open and accessible data. The map below captures the City of Santa Ana, which indicates that the majority of the City of Santa Ana’s neighborhoods rank on the LOW scale of the healthy community conditions, as seen in the dark blue and light blue layers.
City Council 28 – 63 5/21/2024
EXHIBIT 3 - Logan and Lacy Community Summary Infographic and Environmental Justice (EJ) Data Maps (Continued)
Using the HPI mapping tool, the Lacy
neighborhood ranks at a 9.6% of the
least healthy community conditions.
Using the HPI mapping tool, the Logan
neighborhood ranks on the LOW end,
showing nearly 11% of the least healthy
community conditions.
City Council 28 – 64 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.1 Yes
Engage EJ communities on recreation and cultural programs. Incorporate community stakeholders from environmental justice communities to form an Environmental Justice Action Committee to guide the identification of recreational and cultural programing needs and desires.
PRCSA / PBA 2023
Community 1.2 Yes
Community conversation. Plan for and conduct a community survey every two years related to community health, pollution concerns, parks, community engagement, and community service needs, with focused outreach to environmental justice priority areas utilizing various platforms, such as social media and school events, to encourage substantial survey participation.
CMO
Every two
years
Community 1.3 Yes
Collaboration. Develop intentional, strategic partnerships with public, private, and nonprofit entities to improve health outcomes by leveraging capacity, resources, and programs around mutually beneficial initiatives that promote health, equity, and sustainability in neighborhoods within environmental justice area boundaries. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization.
PBA/PRCSA 2022 -2024
Community 1.4 Yes
Community coordination on underutilized spaces. Coordinate with community residents, property owners, and other stakeholders to identify vacant and potentially underutilized properties and strategize how such properties could be repurposed into public parks or commercial recreation facilities.
PBA/PRCSA 2022 &
ongoing
Community 1.5 Yes
Alternative facilities. In park deficient and environmental justice areas, identify facilities that are viable alternatives to public parks and municipal facilities for recreational, cultural, and health and wellness programs, including but not limited to school facilities, facilities of faith-based and civic organizations, and privately owned recreation and entertainment facilities. Identify, inventory, and rank other resources for potential park system acquisition, expansion to existing parks, and/or parks development opportunity within the community.
PRCSA 2022
Community 1.6 Yes
Program accessibility. To ensure residents of environmental justice area boundaries have access to recreational, cultural, and health and wellness programs, establish accessibility corridors that provide attractive, comfortable, and safe pedestrian and bike access to public recreational facilities in the Parks Master Plan (an implementation action of the Open Space Element). Identify public realm improvements needed to create these accessibility corridors. Prioritize investments for accessibility corridors in the city's capital investment program; include investments for accessibility corridors when investments are made in new parks and recreation facilities within environmental justice area boundaries.
PRCSA/PWA 2022
City Council Page 1 of 11 28 – 65 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 1.7 Yes
Rental property outreach. Augment the Proactive Rental Enforcement Team and Residential Response Team with additional outreach geared toward absentee owners of rental properties. Create and periodically distribute outreach materials in order to educate absentee owners about legal obligations to maintain and upkeep rental properties. Distribute information to tenants about their rights and protection, so they are not penalized for reporting or living in a dwelling unit that does not meet health and safety standards. Translate outreach efforts into Spanish, Vietnamese, and other appropriate languages. Prioritize such outreach for properties within environmental justice area boundaries.
PBA
2022 &
Ongoing
Community 1.8 Yes
Neighborhood rehabilitation. Continue to seek state and federal funding for neighborhood rehabilitation projects and collaborate with community-based organizations to identify housing issues and improvements needed, especially for housing within environmental justice area boundaries.
CDA Ongoing
Community 2.1 Yes
Facilities to support lifelong learning. For areas within park deficient and environmental justice areas , conduct, maintain, and publicize an inventory of public, nongovernmental, and private facilities that can be used by organizations to support early childhood education, after school activities, libraries and learning centers, and other meetings and educational opportunities.
CMO 2024
Community 2.2 Yes
Public realm. Identify areas in need of a public realm plan to provide attractive, comfortable, and safe walking corridors to promote accessibility to community programs or activity centers, in conjunction with the City's Active Transportation Plan.
PWA/PBA Ongoing
Community 3.1 Yes
Community health care facilities. Evaluate options to support existing and potential community health care facilities in environmental justice focus areas through a variety of mechanisms such as reduced permit fees, reduced impact fees, and tax incentives.
PBA/CMO 2023
Community 3.2 Yes
Pedestrian access to health facilities. Ensure that new or redeveloped health care facilities include pedestrian-friendly site amenities. In areas where mobile clinics are stationed, ensure the location is safe and accessible for pedestrians, cyclists, and transit users.
PBA Ongoing
Community 3.3 Yes
Health metrics. Engage with the Orange County Health Care Agency and other stakeholders to monitor key health indicators to measure the success of the outcome of General Plan policies and the implementation plan, including reduction in incidence in asthma and low birth weight of infants.
PBA/CMO 2022
City Council Page 2 of 11 28 – 66 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Community 3.4 Yes
Prevention activities. Coordinate with the County Health Care Agency to identify the root causes of health disparities and inequities in Santa Ana, with additional detail for residents living within environmental justice area boundaries. Identify potential programmatic changes and resources to better address the root causes.
PBA/CMO 2022 - 2024
Community 3.5 Yes
Environmental education. Encourage all education institutions in Santa Ana to include curriculum regarding environmental justice and local efforts to promote clean business operations, environmental quality, and the health in our community.
PBA/CMO 2022 - 2024
Community 3.6 Yes
Fresh and healthy foods. Pursue programs, incentives, and/or grants to encourage urban agriculture and small grocery or convenience stores to sell fresh foods in the city, especially those within environmental justice area boundaries. Examples include grants or loans to purchase updated equipment, publicity, or directories of healthy food outlets, or connecting stores to wholesale sources of healthy, local, or organic food.
CDA 2022
Community 3.6A Yes
Food Deserts. Collaborate with Orange County Health Care Agency (OCHCA) to gather and map food desert data, and share publicly through the City's Environmental Quality webpage.
PBA 2024
Community 3.7 Yes
Public health and wellness collaboration summit. Collaborate with health care providers, health and wellness advocates, and other public health stakeholders to identify ways to improve the provision of and access to health and wellness services throughout the city. Include a discussion on areas within environmental justice area boundaries and other areas underserved by parks, programs and services that support health and wellness.
PRCSA
2022 &
ongoing
Community 3.8 Yes
Environmental soil and human health screening measures. Collaborate with Orange County Health Care Agency, and local stakeholders such as Orange County Environmental Justice and UC Irvine Public Health, in efforts to provide increased healthcare services (i.e., blood lead testing, treatment) for residents, especially those that reside in environmental justice communities. Additionally, collaborate to advocate for adjustment of the County and State policies for health and environmental screening levels to promote healthy outcomes related to lead contamination as recommended by health experts.
PBA Ongoing
Community 3.9 Yes
Environmental Justice Staff. Identify funding and hire a full-time Environmental Justice staff member to collaborate with the community to implement the environmental justice policies and actions including community outreach, collaboration on environmental health studies, pursuing grants, and coordination with federal, state, and local agencies regarding environmental concerns in the City.
CMO 2022
City Council Page 3 of 11 28 – 67 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.1 Yes
Air quality planning. Review existing and monitor the development of new air monitoring and emissions reduction plans prepared by the South Coast Air Quality Management District. Gather and evaluate measures and strategies in such plans for their applicability to and feasibility for Santa Ana.
PBA
2022 &
annually
Conservation 1.2 Yes
Community identification. Coordinate with the South Coast Air Quality Management District and local stakeholders to pursue a priority community designation for eligible environmental justice areas of the city , with focus on areas with unique needs and highest pollution burden as identified in the CalEnviroScreen tool. If such designation is not awarded, seek grant funds for activities such as local air quality monitoring.
PBA
2022 &
Ongoing
Conservation 1.3 Yes
Proactive engagement. Collaborate with the South Coast Air Quality Management District and local stakeholders in environmental justice areas experiencing local air pollutions issues to outline objectives and strategies for monitoring air pollution in advance of the establishment of a community emissions reduction and/or air monitoring plan.
PBA
2022 &
Ongoing
Conservation 1.4 Yes
Health risk criteria. Establish criteria for requiring health risk assessments for existing and new industries, including the type of business, thresholds, and scope of assessment. Review existing and establish new regulation to reduce and avoid increased pollution near sensitive receptors within environmental justice area boundaries.
PBA 2022 - 2027
Conservation 1.5 Yes
Agency permits. Monitor the South Coast Air Quality Management District permitting and inspection process and the Orange County Health Care Agency to identify businesses in Santa Ana with potential hazardous materials or by-products, with a special focus on environmental justice communities. Serve as a liaison for residents to identify potential emission violations. Share information and data with the community on the City’s Environmental Quality web page.
PBA
2022 &
Ongoing
Conservation 1.6 Yes
Emissions monitoring. Coordinate with the South Coast Air Quality Management District to monitor existing air measurements and recommend new air measurements and locations.
PBA
2022 &
Ongoing
Conservation 1.7 Yes
Truck idling. Evaluate strategies to reduce truck idling found or reported in areas with sensitive receptors, with a priority placed on environmental justice areas PBA/PD 2022 - 2024
Conservation 1.8 Yes
Improve older trucks. Promote the City’s Vehicle Replacement Plan and explore the replacement of older trucks through City participation in regional incentive programs and education of Santa Ana private fleet owners of program opportunities.
PWA 2022
City Council Page 4 of 11 28 – 68 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.9 Yes
Indirect source rules. Support the development of indirect source rules, drayage truck rules, advanced clean truck routes, and heavy-duty low NOx rules by the South Coast Air Quality Management District.
CMO Ongoing
Conservation 1.10 Yes
Interagency team. Establish an environmental quality interagency team to evaluate, monitor, and make recommendations to address air quality and environmental hazard issues, with a special focus on environmental justice areas. Publish results and information on the City’s website through a dedicated Santa Ana Environmental Quality web page.
PBA
2022 &
Ongoing
Conservation 1.11 Yes
Public education. Augment existing outreach programs to improve public awareness of State, regional and local agencies’ roles and resources to identify, monitor, and address air quality and other environmental hazards in the community.
PBA/PWA Ongoing
Conservation 1.12 Yes
Data collection for emissions plans. Coordinate with the South Coast Air Quality Management District to explore ways to initiate data collection efforts for a community emissions reduction and/or community air monitoring plan, including the identification of information needed (new or updated), potential data sources and needed resources, and strategies to engage residents and collect information.
PBA 2022
Conservation 1.13 Yes
Community survey on healthy lifestyles. Plan for and conduct a community survey of residents every two years related to community health, pollution, parks, community engagement, and community services, with focused outreach for environment justice concerns and priority areas (tie into other City efforts like Strategic Plan, park and recreation planning, community benefits, etc.).Report findings of survey through the various media platforms and utilize input to inform periodic evaluation and update of General Plan.
CMO
Every two
years
Conservation 1.14 Yes
Expanded interactions. Identify opportunities to expand regular attendance and support neighborhood associations and community groups to hold regular meetings with City staff and decision-makers in neighborhoods within environmental justice communities, so that residents, community organizations and businesses can communicate their unique issues and needs, as well as their recommendations on how best to implement environmental quality, environmental health, and environmental justice policies. Arrange for language interpretation services as needed at these meetings so that all residents can participate.
PBA/CMO Ongoing
Conservation 1.15 Yes
Expanded representation. Expand representation of residents from neighborhoods within environmental justice area boundaries by extending residents from such areas to become board, commission, and task force members as openings occur
PBA/CMO Ongoing
City Council Page 5 of 11 28 – 69 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Conservation 1.16 Yes
City budget. Evaluate the City’s budget and financial policies to include direction for prioritizing public services and improvements within environmental justice area boundaries. Augment budget meeting presentations to include a section dedicated to the status of actions and improvements to address the needs of residents within environmental justice area boundaries.
CMO Annually
Economic
Prosperity
3.5 Yes
Green business incentives. Continue to promote and market the Recycling Market Development Zone. Develop an incentive program to encourage nonpolluting industry and clean green technology companies that reduce environmental impacts and the carbon footprint to locate to the city.
Encourage existing businesses to invest in technology and best practice to transition to sustainable business practices.
CDA Ongoing
Historical
Preservation
3.8 Yes
Equitable access. Establish a fee reduction or waiver program for low-income applicants to ensure equitable access and participation in the Mills Act Program.
PBA 2023
Land Use 2.10 Yes
Open space requirements. Evaluate public open space and park requirements in the zoning code for residential and nonresidential uses. Consider requirements and/or incentives to aggregate public open space areas required by two or more uses to form larger and more usable areas and facilities.
PBA/PRCSA 2022 - 2027
Land Use 3.2 Yes
Design guidelines and standards. Update the zoning code's development and operational standards for industrial zones to address incompatibility with adjacent uses, including minimum distance requirements to buffer heavy industrial uses from sensitive receptors. Conduct a study to evaluate and establish appropriate minimum distances and landscape buffers between polluting industrial uses from sensitive receptors such as residences, schools, day care, and public facilities.
PBA 2022 - 2027
Land Use 3.3 Yes
Healthy lifestyles. Collaborate with residents and industry stakeholders to create a program to incentivize and amortize the removal of existing heavy industrial uses adjacent to sensitive uses.
PBA 2022
Land Use 3.4 Yes
Funding for air filtration. Seek funding from South Coast Air Quality Management District and other regional sources for the installation of high-efficiency air filtration systems in buildings, homes, and schools located in areas with high levels of localized air pollution, especially for those within environmental justice area boundaries.
PBA 2022
Land Use 3.5 Yes
Business incentive. Explore economic development incentives and grant funding to encourage existing or draw new business investments in the industrial zones to incorporate more environmentally sustainable practices.
CDA Ongoing
Land Use 3.6 Yes
Lead paint abatement. Coordinate with County of Orange Health Care Agency and community organizations to strengthen local programs and initiatives to eliminate lead-based paint hazards, with priority given to residential buildings located within environmental justice area boundaries.
CDA / PBA 2021 &
Ongoing
City Council Page 6 of 11 28 – 70 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.14 Yes
Sunshine ordinance. Update City Sunshine Ordinance, incorporating best practices for outreach in environmental justice areas in Santa Ana
CMO 2022
Land Use 3.15 Yes
Communication tools. Explore tools for communication with residents and sensitive receptors when new industrial uses are proposed in their areas
PBA 2022 - 2024
Land Use 3.16 Yes
Health in corridors. Require a Health Risk Assessment to identify best practices to minimize air quality and noise impacts when considering new residential uses within 500 feet of a freeway.
PBA 2022 - 2027
Land Use 3.17 Yes
Training for safe practice. Pursue the EPA Renovate Right Program to train local residential contractors for certification as lead renovators to promote safe work practices and prevent lead contamination.
PBA 2022
Land Use 3.18 Yes
Renovations and lead prevention. Evaluate the feasibility of requiring contractor training and/or certification for safe work practices to conduct residential renovations for pre-1978 structures that may contain existing lead paint.
PBA & CDA Ongoing
Land Use 3.19 Yes
Promote health. Partner with local organizations (e.g., OC Health Care Agency, Latino Health Access, Santa Ana Unified School District, Garden Grove Unified School District, Orange County Environmental Justice, and the Coalition of Community Health Centers) to increase blood lead testing, outreach, education, and referral services through a ‘promotora’ or community peer outreach model that addresses the root causes of elevated blood lead levels impacting Santa Ana residents, with special focus in environmental justice communities and for children living in pre-1978 housing.
PBA 2022 - Ongoing
Land Use 3.20 Yes
Safe housing. Require all residential rehabilitation projects that use local, or HUD federal funds to comply with the Lead Safe Housing Rule, to remove lead paint hazards, depending on the nature of work and the dollar amount of federal investment in the property CDA Ongoing
Land Use 3.21 Yes
Prevention education. Collaborate with local organizations such as Orange County Health Care Agency, State Environmental Protection Agency, and community-based environmental justice organizations to identify funds and create a Santa Ana Prevent Lead Poisoning Education Program, with special focus on disadvantaged communities and pre-1978 housing stock.
PBA 2022 - Ongoing
City Council Page 7 of 11 28 – 71 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.22 Yes
Public health outcomes. Support the Orange County Health Care Agency in their role in investigating public complaints regarding unsafe lead work practices and lead hazards wherein children are present,
through enforcement of local housing standards to assure healthy outcomes, including for individuals and households presenting with concerns about lead exposure and/or with confirmed lead levels of >3.5ug/dL, which the Centers for Disease Control and Prevention indicates as the threshold for followup and case management in children.
PBA
2022 &
Ongoingng
Land Use 3.23 Yes
Agency permits. Work with South Coast Air Quality Management District and Orange County Health Care Agency to evaluate existing special permit process and criteria for approval, and identify potential policy changes to minimize issuance of special permits with potential health impacts.
PBA 2022
Land Use 3.24 Yes
Public health. Partner with Orange County Health Care Agency and community serving organizations to evaluate best practices and benefits of preparing a Public Health Plan to address environmental hazards in Santa Ana, with special focus in environmental justice communities. Conduct public meetings to gather information and present preliminary findings.
PBA 2022 - 2024
Land Use 3.25 Yes
Engage EJ communities. Work with community serving organizations, neighborhood leaders, and residents to form an Ad Hoc Committee to develop ongoing EJ Community Engagement programs for existing and new disadvantaged EJ communities, including multilingual communication protocols.
Host quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies.
PBA 2022
Land Use 3.26 Yes
Health conditions. Work with state agencies including the Department of Toxic Substances Control and South Coast Air Quality Management District, Orange County Health Care Agency and local stakeholders including Orange County Environmental Justice and UC Irvine Public Health to identify PBA Ongoing
Land Use 3.27 Yes
Groundwater practice. Coordinate with the State Department of Toxic Substances Control (DTSC) to monitor the Santa Ana Southeast Groundwater Clean Up Project and identify measurable progress to remediate groundwater contamination. Share information with the community on the City’s Environmental Quality web page.
PBA Ongoing
City Council Page 8 of 11 28 – 72 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Land Use 3.28 Yes
Tenant protections. Provide information to residential tenants regarding Landlord Tenant Laws in the State, such as AB 1481, and Santa Ana’s Just Cause for Tenant Eviction and Rent Stabilization ordinance that provide protections against evictions for those who seek action to improve substandard housing and hazardous conditions.
PBA
2022 &
Ongoing
Land Use 3.29 Yes
Development site history. Update the City’s Development Review application process to require developers to provide information regarding the prior use of the site and history of hazardous materials on the property, in order to identify potential for site contamination from hazardous materials or soil lead contamination to be remediated.
PBA 2022
Land Use 4.6 Yes
Fireworks and environmental pollution. Study the data available to understand the health effects and environmental exposure, including air quality and noise impacts, from airborne sources such as fireworks shows and displays, with special focus on environmental justice areas.
PBA/CMO/PD 2022 - 2024
Land Use 4.7 Yes
Construction improvements. Identify best practices and communication tools to monitor mitigation measures and oversight of private and public construction improvements to protect the health and safety of health of the community, with focus on environmental justice areas.
PWA/PBA Ongoing
Mobility 3.5 Yes
Safe routes to schools and parks. Develop and pursue implementation of a Safe Routes to School Plan and a Safe Routes to Parks Plan
PWA/PRCSA Ongoing
Mobility 4.5 Yes
Citywide Design Guidelines update. Update the Citywide Design Guidelines to strengthen pedestrian and cyclist linkages to development centers and residential neighborhoods and coordinate on-site landscape with public realm landscaping. PBA/PWA 2022 - 2027 Mobility 5.8 Yes
Air quality improvements. Participate in inter-jurisdictional efforts to promote improvements in air quality and to meet state and federal mandates through advanced technology and TDM programs PBA/PWA 2021-2035
Open Space 1.2 Yes
Interagency Forum. Convene an interagency forum to take a coordinated approach to evaluating the feasibility for converting City-owned properties to parkland, with special focus in park deficient and environmental justice areas.
PRCSA 2022
Open Space 1.7 Yes
Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for large residential projects, which include projects of 100 residential units or more, to require public parkland within the City limits and a 10-minute walking distance of the new residential projects.
PBA/PRCSA 2022
City Council Page 9 of 11 28 – 73 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Open Space 1.7A Yes
Open space and park land incentives. Allow developers a reduction in on-site open space by giving credits for park land for public use. Establish a process and program to incentivize developers to provide additional on-site and/or publicly accessible open space to create public park land and open space. Research and collaborate with residents, developers, and community organizations to design and implement an open space density bonus to incentivize the creation of additional on-site open space in exchange for more density in the project.
PBA & PRCSA 2022-2027
Open Space 1.10 Yes
New parkland collaborative. Coordinate with property owners to explore options to provide public access and programming on privately-owned open space in park deficient areas, including options to acquire land through purchase, land dedication, easements, and land leases that would allow for permanent or temporary public use of land for open space and recreational opportunities.
PRCSA
2022 &
Ongoing
Open Space 1.11 Yes
Joint-use agreements. Coordinate with public school districts, private schools, and other community organizations to provide community members with access to additional open space and recreational resources.
PRCSA
2022 &
Ongoing
Open Space 1.13 Yes
New programming in underserved areas. Partner with community organizations to offer new programs that are accessible to residents who live in areas underserved by open space and recreational facilities. Develop a comprehensive partnership policy providing guidelines that can be used throughout the City organization.
PRCSA 2022
Open Space 1.14 Yes
Community partnerships. Continue building partnerships with community-based organizations that administer social services to the elderly, youth, and other special needs groups; create use agreements for these providers to use public park facilities to meet the recreational and educational needs of these groups.
PRCSA Ongoing
Open Space 1.15 Yes
Community input. Identify and utilize multilingual and interactive community engagement tools, initiated through the Parks and Recreation Master Plan, for residents and facility users to provide ongoing input about open space needs, park design, facility improvements, and programming PRCSA 2022
Open Space 1.16 Yes
Acquisitions to meet park standard. Using the Park Master Plan as guidance, identify and acquire property within the City for park and open space use which will focus on bringing the park and recreation system to three acres of land per 1,000 residents with a plan to keep pace with future urban growth.
PRCSA
2022 &
ongoing
Public
Services
1.4 Yes
Fiscal priority for public improvements. Identify City fiscal and operational procedures and potential thresholds involved in the prioritization of general funds for public programming, service, or infrastructure improvements for residents living within environmental justice area boundaries.
CMO
2021 &
annually
City Council Page 10 of 11 28 – 74 5/21/2024
City of Santa Ana
General Plan EJ Actions
GENERAL
PLAN
ELEMENT
REF #
EJ
policy
IMPLEMENTATION ACTION
RESPONSIBLE
DEPT/
AGENCY
TIME
FRAME
Safety 2.4 Yes
Lead contamination. Work with local and regional partners, such as Orange County Environmental Justice, Orange County Health Care Agency and University of California at Irvine Public Health, to understand the prevalence, sources, and implications of lead contamination of soil across Santa Ana.
Collaborate with environmental justice stakeholders in proposing solutions to remove hazardous leadcontaminated soils in the city and with benchmarks to measure and track effectiveness of proposed programs.
PBA/CDA Ongoing
Safety 2.5 Yes
Business education. Collaborate with state and county agencies and trade organizations to educate and inform industrial business owners about permit regulations required for safe facility operations and about best practices.
PBA/CDA Ongoing
City Council Page 11 of 11 28 – 75 5/21/2024
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org/pba
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA.
The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions.
NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below.
Proposed Action: The City of Santa Ana is proposing to adopt an ordinance extending Ordinance No.
NS-3063 for 10 months and 15 days pursuant to Section 65858(a) of the California Government Code continuing a moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within Specific Development No. 84 zoning district.
Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Section 15060(c)(2) and 15060(c)3. The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential for resulting in physical change to the environment, directly or indirectly.
Meeting Details: This public hearing will be held on Tuesday, May 21, 2024, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santaana.org/agendas-and-minutes/.
Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to [email protected] (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701.
Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record.
Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/.
Who To Contact For Questions: Should you have any questions, please contact Margarita Macedonio with the Planning and Building Agency by phone at (714) 667-2288 or by email at [email protected].
City Council 28 – 76 5/21/2024
Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing.
Si tiene preguntas en español, favor de llamar a Margarita Macedonio (714) 667-2288.
Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627.
City Council 28 – 77 5/21/2024
HOUSING AUTHORITY 1 May 7, 2024
DRAFT Minutes of the Regular Meeting
of the Housing Authority
Santa Ana, California
May 7, 2024
CALL TO ORDER
MINUTES: Chair Amezcua called the Housing Authority Meeting to order at 10:52 P.M.
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
Recording Secretary Jennifer L. Hall
ROLL CALL
MINUTES: Secretary Jennifer L. Hall conducted Roll Call.
Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Lopez, and Penaloza were present. Authority Member Vazquez was absent.
ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA
MINUTES: None.
City Council 2 – 1 5/21/2024
HOUSING AUTHORITY 2 May 7, 2024
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda.
MINUTES: No public comments were received regarding the Housing Authority agenda.
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 4.
MINUTES: At 10:53 P.M., the Consent Calendar was considered.
MOTION: Authority Member Hernandez moved to approve staffrecommendations on the following Consent Calendar Items: 1 through 4, seconded by Authority Member Penaloza.
The motion carried, 6-0-1, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER
HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY
MEMBER PENALOZA, VICE CHAIR PHAN, CHAIR AMEZCUA
NONE
NONE
AUTHORITY MEMBER VAZQUEZ
Status: 6 – 0 - 1 - Pass
1. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.
2. Minutes from the Regular Meeting of April 2, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.
3. Quarterly Report for Housing Choice Voucher Program
Department(s): Community Development Agency
Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 1, 2024 to March 31, 2024
CONSENT CALENDAR
City Council 2 – 2 5/21/2024
HOUSING AUTHORITY 3 May 7, 2024
4. Board Consideration of Resolution Establishing the City of Santa Ana Public Financing Authority
Department(s): Finance and Management Services
Recommended Action: Adopt a Resolution of the Board of Directors of the Housing Authority of the City of Santa Ana authorizing the creation of the City of Santa Ana Public Financing Authority and certain other matters pertaining thereto (Agreement No. A-2024-059).
RESOLUTION NO. 2024-002 entitled RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING THE CREATION OF
THE CITY OF SANTA ANA PUBLIC FINANCING AUTHORITY AND CERTAIN
OTHER MATTERS PERTAINING THERETO
**END OF CONSENT CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
MINUTES: None.
ADJOURNMENT – Adjourn the Housing Authority meeting.
MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 10:54 P.M.
Respectfully submitted:
__________________________
Jennifer L. Hall, CMC
Secretary
City Council 2 – 3 5/21/2024
Community Development Agency
santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: First Amendment to Agreement with MRI Software LLC (Formerly Happy Software LLC)
AGENDA TITLE
Approve a First Amendment to the Agreement with MRI Software LLC (formerly Happy Software LLC) to Continue Providing Housing Authority Management Software
RECOMMENDED ACTION
Authorize the Executive Director of the Housing Authority to execute a First Amendment to the Agreement with MRI Software LLC (formerly Happy Software LLC) to continue providing housing authority management software by extending the term for two years until May 31, 2026, adding additional compensation in the amount of $148,100, and expanding the scope of work to include criminal and sex offender background checks, for a total amount not to exceed $348,100, subject to non-substantive changes approved by the Executive Director of the Housing Authority and Authority General Council.
GOVERNMENT CODE §84308 APPLIES:
No
DISCUSSION
On May 4, 2021, the City Council authorized the Executive Director of the Housing Authority to execute an Agreement with Happy Software LLC for housing authority management software services for the Housing Choice Voucher (HCV) program (Exhibit 1). [Following that approval, MRI Software LLC acquired Happy Software LLC.] This software is essential to the operation of the Housing Authority and its obligation to electronically transfer data to the U.S. Department of Housing and Urban Development (HUD) on a regular basis and disburse over $45 million in rental assistance funds every year. The software tracks all program information on thousands of applicants, participants, and owners served by the program; schedules and maintains records on all Housing Quality Standards (HQS) inspections; performs income and payment calculations; and creates and transmits all HUD-required reports, amongst various other tasks. In addition to the day-to-day use of the software, the annual license includes system upgrades, software updates, all pertinent user manuals, staff training, as well as the Housing Authority’s applicant, owner and tenant on-line portals.
City Council 3 – 1 5/21/2024
First Amendment to Agreement with MRI Software LLC (Formerly Happy Software LLC) May 21, 2024
The original Agreement is set to expire on May 31, 2024. To continue using this essential software for the operation of the Housing Authority, staff is requesting to extend the term of this Agreement by two years until May 31, 2026. This also requires amending the Agreement to add additional compensation in the amount of $148,100 over the two-year period. The First Amendment to the Agreement with MRI Software LLC is attached as Exhibit 2.
In addition to housing authority management software, MRI also provides client screening services which are used by hundreds of housing authorities across the country. The Housing Authority is required to perform criminal background checks and sex offender checks prior to admitting any adult applicants to the HCV program. Background checks include lifetime registration requirements under any state sex offender registration program. The Housing Authority currently uses National Credit Reporting for this service and would like to replace that smaller agreement by adding a background screening service to this amended Agreement with MRI Software LLC.
MRI Software LLC has provided an outstanding quality of service over the last three years. The use of this housing authority management software is mission-critical to the operation of the Housing Authority. Without this software, the Housing Authority would be unable to provide rental assistance to very low-income and extremely low-income families in the City.
FISCAL IMPACT
Funding for this Agreement is available in the FY 2023-24 Housing Authority and Other Contractual Services and Computer Software Subscriptions account (no. 14018760- 62300/66511) and will be budgeted in the future fiscal years for expenditures as shown in the table below:
Fiscal
Year
Accounting Unit
- Accounting #
Accounting Unit, Account
Description Amount
FY 23-24
(June) 14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $500 FY 23-24
(June) 14018760-66511 Housing Authority-Vouchers ADM, Computer Software Subscriptions $5,500 FY 24-25
(July-June) 14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $3,000 FY 24-25
(July-June) 14018760-66511 Housing Authority-Vouchers ADM, Computer Software Subscriptions $69,100 FY 25-26
(July-May) 14018760-62300 Housing Authority-Vouchers ADM, Contract Services-Professional $2,500 FY 25-26
(July-May) 14018760-66511 Housing Authority-Vouchers ADM, Computer Software Subscriptions $67,500 Total Contract Amount $148,100
City Council 3 – 2 5/21/2024
First Amendment to Agreement with MRI Software LLC (Formerly Happy Software LLC) May 21, 2024
The above spending plan is only an estimate and subject to change.
EXHIBIT(S)
1. Staff Report from May 4, 2021
2. First Amendment to Agreement with MRI Software LLC
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 3 – 3 5/21/2024
1 FIRST AMENDMENT TO CONSULTANT AGREEMENT
WITH MRI SOFTWARE LLC
THIS FIRST AMENDMENT is made and entered into this 21
st day of May, 2024 by and
between MRI Software, LLC, a Delaware limited liability company dba Happy Software, an MRI Software Company (“Consultant”), and the Housing Authority of the City of Santa Ana, a public body, corporate and politic (hereinafter “Authority”).
RECITALS
A. On June 1, 2021, the Authority and Consultant entered into Agreement #2122-H-002 (“Agreement”) with Happy Software LLC, an MRI Software company, to provide housing management software services. The term of the Agreement runs until May 31, 2024 with an option for the Parties to the Agreement to extend the term of the Agreement. The Agreement is current and in-effect.
B. Authority was notified by the Consultant that MRI Software LLC acquired Happy Software and would continue to provide services via Happy Software.
C. The parties now wish to amend the Agreement to amend the scope of services; include new terms and language to the “Master Agreement” attached as Exhibit A to the Agreement; recognize the revised corporate name due to the acquisition detailed in Recital B; exercise the option to extend the term of the Agreement for two (2) years; and increase the overall compensation by $148,100 to cover costs related to the increased scope and extended term.
No other changes are contemplated by this First Amendment to the Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1. SCOPE OF SERVICES, is amended to include Exhibit B-1, to this First Amendment (the “Order Document Recurring Software and Services”), for Consultant to provide additional work related to criminal background checks and sex offender screenings.
2. SCOPE OF SERVICES, is amended to reflect the following revisions or inclusions to the Master Agreement portion of Exhibit A to the Agreement:
• Pursuant to Section 10.14 of the Master Agreement, such Third Party Software providers are intended third party beneficiaries of the Agreement, with respect to the Third Party Software.
• Section 10.17 Order of Precedence. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of any Schedule, the provisions of this Master Agreement shall control unless the Schedule expressly states the intent to supersede a specific portion of the Master Agreement.
EXHIBIT 2
City Council 3 – 4 5/21/2024
2 In the event of a conflict between an Order Document and the Master Agreement, the Master Agreement shall prevail, provided, however, that such standard variable terms such as price, quantity, license scope and License Metrics, tax exempt status, payment terms, shipping instructions and the like shall be specified on each Order Document.
All pre-printed terms of any Client purchase order or other business processing document shall have no effect.
o The second paragraph of Section 10.17 shall not apply with regard to the Third Party Software contemplated in the Order Document provided as Exhibit B-1 to the First Amendment.
No other changes or revisions to the Master Agreement portion of Exhibit A are contemplated by the parties and all other terms and conditions of said Master Agreement, as previously negotiated by the parties, remain in effect.
3. Section 2.a., COMPENSATION, is amended to increase the overall compensation by $148,100. The total amount to be expended during the term of this Agreement shall not exceed $348,100.
4. Section 3, TERM, is hereby extended for an additional two-year period through May 31, 2026.
The parties agree and understand that there are no further extensions available under the terms of the Agreement.
5. Section 11, ASSIGNMENT, pursuant to this section, the Authority consents and recognizes the acquisition of Happy Software LLC by MRI Software, LLC. Any future correspondence, amendments, or records regarding this Agreement shall recognize and compensate MRI Software LLC doing business as Happy Software, an MRI Software Company.
6. Except as modified by this First Amendment, all terms and conditions of the Agreement remain in full force and effect.
[signature page to follow]
EXHIBIT 2
City Council 3 – 5 5/21/2024
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date and year first above written.
ATTEST: HOUSING AUTHORITY OF
THE CITY OF SANTA ANA
________________________ _________________________
Jennifer L. Hall Michael L. Garcia
Authority Recording Secretary Executive Director
APPROVED AS TO FORM: CONSULTANT
Sonia R. Carvalho
Authority General Counsel
By:_________________________ ________________________________ Andrea Garcia-Miller Roman Telerman
Assistant Counsel Chief Financial Officer
Roman Telerman 5/8/2024
EXHIBIT 2
City Council 3 – 6 5/21/2024