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Planning and Building Agency <br />www.santa-ana.org/pb <br />Item # 40 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />April 5, 2022 <br />TOPIC: Housing Opportunity Ordinance <br />AGENDA TITLE: <br />Reintroduction of Zoning Ordinance Amendment No. 2021-03 for First Adoption Reading <br />- An Ordinance of the City Council of the City of Santa Ana Repealing and Reenacting in <br />its Entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the <br />Housing Opportunity Ordinance <br />RECOMMENDED ACTION <br />Approve the first reading of an ordinance repealing and reenacting in its entirety Article <br />XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing <br />Opportunity Ordinance. <br />DISCUSSION <br />The City Council previously considered and conducted a first adoption reading of this <br />Ordinance on November 16, 2021 by a vote of 4:2:1 (Ayes - Sarmiento, Hernandez, <br />Lopez, Phan; Noes – Mendoza, Penaloza; Abstained - Bacerra). After being continued <br />from the meetings of December 7, 2021, December 21, 2021, and January 18, 2022, the <br />Ordinance did not receive the necessary majority vote of the members of the City Council <br />on the second adoption reading conducted on February 15, 2022. The vote on the second <br />reading of the Ordinance was recorded as 3:2:2 (Ayes - Sarmiento, Hernandez, Lopez; <br />Noes – Mendoza, Penaloza; Abstained – Bacerra, Phan). <br />Councilmember Phan participated and voted to adopt the first reading of the Ordinance <br />but abstained on the second adoption reading because she was awaiting a response from <br />the Fair Political Practices Commission (FPPC). The Commission was investigating a <br />formal complaint filed in December of 2021 by a member of the public alleging her <br />participation on the item violated the conflict of interest provisions of the Political Reform <br />Act. <br />On March 16, 2022, Councilmember Phan received a written communication from the <br />Enforcement Division of the FPPC that the Office will not pursue the matter. Based on <br />this new information, the Mayor directed for staff to place the Ordinance on the agenda <br />for the City Council to conduct a public hearing reintroducing Zoning Ordinance <br />Amendment No. 2021-03 (ZOA No. 2021-03) for a first adoption reading.