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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 18, 2024
TOPIC: Proposed Amendments to the City Charter of the City of Santa Ana
AGENDA TITLE
Review of City Charter Amendments Concerning Rent Stabilization Ordinance and Non -
Citizen Voting and Resolutions Required to Submit to Voters at the November 5, 2024
Municipal Election Ballot Measures Relating to Proposed Charter Amendments
Concerning Ethics Code, Capital Improvement Funds, City Clerk and City Attorney
Authority, Civil Service, and Council Compensation
RECOMMENDED ACTION
1. Adopt a resolution giving notice of the City's General Municipal Election to be
held in the City of Santa Ana on November 5, 2024 for the submission of
questions to the voters relating to proposed amendments to the City Charter;
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 5, 2024 FOR THE SUBMISSION TO THE VOTERS OF
QUESTIONS RELATING TO THE AMENDMENT OF THE CITY CHARTER IN
REGARD TO SECTIONS 401.5 (ETHICS CODE), 402 (COUNCIL
COMPENSATION), 611 (CAPITAL IMPROVEMENT FUNDS), 702 (CITY
CLERK AUTHORITY), 703 (CITY ATTORNEY AUTHORITY), 1002 (CIVIL
SERVICE), AND 1103 (BONDS)
2. Adopt a resolution designating the ballot questions related to the proposed City
Charter amendments;
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE
OF BALLOT TITLES FOR CITY CHARTER AMENDMENTS REGARDING
CLEAN-UP OF OBSOLETE SECTIONS, CIVIL SERVICE, ETHICS CODE, CITY
CLERK AND CITY ATTORNEY AUTHORITY AND COUNCIL COMPENSATION
TO BE INCLUDED ON THE BALLOT FOR THE 2024 GENERAL MUNICIPAL
ELECTION
55394.00000\42373141.1
DRAFT 06/12/24
Proposed Amendments to the City Charter of the City of Santa Ana
June 18, 2024
Page 2
3. Review City Charter amendments concerning rent stabilization and just cause
eviction ordinance and consider whether to adopt revised resolution; and
RESOLUTION NO. 2024-XXX entitled RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 5,
2024 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED
VOTERS PROPOSING A RENT STABILIZATION AND JUST CAUSE
EVICTION ORDINANCE AND REQUESTING THE ORANGE COUNTY BOARD
OF SUPERVISORS TO CONSOLIDATE THIS ELECTION WITH THE
4. Review City Charter amendment concerning non -citizen voting and consider
whether to adopt revised resolution.
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CALLING AND GIVING NOTICE OF
A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA
ANA ON NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT
MEASURE TO THE QUALIFIED VOTERS ASKING IF THE CITY OF SANTA
ANA SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL
ELECTIONS
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Previous Action to Approve Ballot Measure Related to Rent Stabilization Ordinance
The City Council adopted a Resolution to propose a ballot measure asking the voters of
the City of Santa Ana whether they wish to approve a Rent Stabilization Ordinance
previously approved by the City Council. There was subsequent discussion as to whether
the correct version of the ordinance was attached to the Resolution. The City Council
may take this opportunity to re -adopt the Resolution and attach the version of the
Ordinance it desires to propose to the voters.
Previous Action to Approve Ballot Measure Related to Proposed City Charter
Amendment Concerning Non -Citizen Voting
The City Council also adopted a Resolution to propose a ballot measure asking the voters
of the City of Santa Ana whether they wish to approve an amendment to the City Charter
of the City of Santa Ana authorizing non -citizen voting. The ballot measure question was
recently the subject of a legal challenge to the wording of the ballot measure. The ballot
Proposed Amendments to the City Charter of the City of Santa Ana
June 18, 2024
Page 3
measure, if approved, would also require further analysis of costs and procedures and
implementation. The City Council may wish to review the Resolution adopting the ballot
measure and discuss and decide whether to revise the ballot measure language in
response to the lawsuit and whether to address any future implementation issues by
clarifying the language to be added to the City Charter. The previously adopted
Resolution is attached to allow for discussion or action. In addition, a draft resolution is
attached omitting the language subject to legal challenge.
Proposed City Charter Amendments Recommended by Council Ad -Hoc Committee
The Mayor appointed an ad hoc committee of the Council consisting of herself, Mayor
Pro Tern Phan, and Councilmember Bacerra. The ad -hoc committee held several
meetings to discuss potential amendments to the City Charter proposed by staff for
general clean-up and efficiencies and amendments proposed by the ad -hoc committee.
The agenda for the ad -hoc committee's April 22, 2024, meeting is attached to share with
the Council and the community the various topics discussed. The ad -hoc committee
ultimately decided to propose amendments to amend Sections 401.5 (Ethics Code), 402
(Council Compensation), 611 (Capital Improvement Funds), 702 (City Clerk authority),
703 (City Attorney authority), 1002 (Civil Service), and 1103 (Bonds). The specific
additions and deletions are identified in the attached Resolutions and Exhibits.
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Shall the Charter of the City of Santa Ana be amended to delete Yes
references to obsolete job titles and obsolete bonding requirements,
specify that all department heads are at -will employees, address
definitions of funds and levies for compliance with state law, authorize No
limited purchasing authority for the City Clerk and City Attorney and
require the City Council to adopt an ordinance to enforce the Ethics
Code?
Shall the Charter of the City of Santa Ana be amended to index Council Yes
compensation at a salary of thirty three percent (33%) of that of an
Orange County Superior Court Judge?
No
The amendments proposed in the first ballot questions pertain to references to obsolete
bonding requirements and funds and job titles such as the Fire Chief; authorize the City
Clerk and the City Attorney to make purchases related to their duties under the same
Proposed Amendments to the City Charter of the City of Santa Ana
June 18, 2024
Page 4
limitations, restrictions, and purchasing parameters of the city manager; specifies that the
position of Police Chief will be an at -will position similar to all other department heads;
and will require the City Council to adopt an ordinance setting forth the procedures to
enforce the Ethics Code.
The second ballot measure question is related to an amendment to change Council
Compensation from the current amount of $12,000 per year paid at $1,000 per month to
a monthly salary that is indexed to thirty-three percent (33%) of the salary of an Orange
County Superior Court Judge which would be $78,696 or $6,558 per month.
If approved by the voters at the November 2024 election, the amendments would take
effect in January 2025.
If the Council calls for the placement of ballot measures on the November ballot, at a
subsequent meeting we will present necessary resolutions for the filing of written
arguments in favor of or against such measure by members of the City Council, any
individual voter eligible to vote on the measure, a bona fide association of such citizens
or any combination thereof, and establishes deadlines for submission of such arguments
to the City Clerk. The Elections Code specifies that members of the Council would be
given preference and priority, if authorized by the City Council. The subject resolution
would give that authorization to any member of the Council desiring to submit an
argument.
The procedures for filing ballot arguments are detailed in the Elections Code. The Election
Code procedures, as well as general guidelines for preparing arguments will be provided
in a notice prepared by the City Clerk and posted following final adoption of the election
resolution(s).
Whenever a City measure qualifies to be on a ballot, the City Council may direct the City
Attorney to prepare an impartial analysis of the measure showing the effect of the
measure on the existing law and the operation of the measure (Elections Code §9280).
The analysis is printed in the Voter Information Guide preceding the arguments for and
against the measure. We will also prepare this request for a subsequent meeting, if the
ballot measure questions are approved.
FISCAL IMPACT
The proposed FY24-25 General Fund budget includes current Council salaries for a total
of $84,000. There is an unappropriated recurring revenue estimate of $328,020; which
is sufficient to fund additional City Council compensation for January through June 2025,
estimated to be approximately $233,436, should the measure be approved by the voters.
The estimated cost from the Orange County Registrar of Voters to add a measure (3000
words and 2 pages) to the November 5, 2024 ballot is $8,500. Sufficient funds are
available in the City Clerk's FY 2024/25 budget (Account No. 01107031 62300).
Proposed Amendments to the City Charter of the City of Santa Ana
June 18, 2024
Page 5
EXHIBIT(S)
1. Resolution for Rent Stabilization Ordinance Ballot Measure and Ordinance
2. Current Resolution for Non -Citizen Voting Ballot Measure (No. 2023-075)
3. Draft resolution for Non -Citizen Voting Ballot Measure
4. Ad Hoc Committee April 22, 2024 agenda
5. Resolutions Related to Calling for Ballot Measures and Ballot Language
Submitted By: Sonia R. Carvalho, City Attorney and Jennifer L. Hall, City Clerk
Approved By: Alvaro Nunez, Acting City Manager
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 5, 2024 FOR THE SUBMISSION OF A BALLOT
MEASURE TO THE QUALIFIED VOTERS PROPOSING A
RENT STABILIZATION AND JUST CAUSE EVICTION
ORDINANCE AND REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE THIS
ELECTION WITH THE STATEWIDE GENERAL ELECTION
WHEREAS, on October 19, 2021, pursuant to the City of Santa Ana's police
powers under Charter Section 200 and Article XI, Section 7 of the California Constitution,
the Santa Ana City Council adopted Ordinance No. NS-3009 known as the Rent
Stabilization Ordinance ("RSO") and Ordinance No. NS-3010 known as the Just Cause
Eviction Ordinance ("JCEO"). At the time, these Ordinances were codified in Article X of
the Santa Ana Municipal Code in Division 4 (RSO) and Division 5 (JCEO);
WHEREAS, on October 19, 2021, the Santa Ana City Council also adopted
Resolution No. 2021-054 directing staff to (1) conduct further study of the regulatory
framework and infrastructure necessary to implement residential rent stabilization, just
cause eviction, and other protections for Santa Ana residents facing housing instability;
and (2) include the creation and operation of a Rent Board or similar body, a rent registry,
and the related costs thereof;
WHEREAS, on September 6, 2022, staff presented the Long -Term
Implementation Plan for the RSO and JCEO ("The Plan") to the City Council. The Plan
detailed various best practices based on findings from local sample jurisdictions in
California with similar ordinances;
WHEREAS, on September 6, 2022, the Santa Ana City Council adopted The Plan
and provided direction to staff to prepare amendments to the RSO and JCEO to
implement efficient and effective program services to rental property owners and tenants
and to promote long-term sustainability of the programs;
WHEREAS, On October 18, 2022, the City Council adopted Ordinance No. NS-
3027 which moved the RSO and JCEO from Article X of the Santa Ana Municipal Code
to Article XIX of the Santa Ana Municipal Code. Ordinance No. NS-3027 also amended
the RSO and JCEO to include provisions consistent with The Plan including, but not
limited to, creation of a Rental Housing Board and Rental Registry ("The Council
Ordinance");
Resolution No. 2024-XXX
Page 1 of 5
WHEREAS, pursuant to California Elections Code section 9222, the City Council
is authorized to submit this measure to the voters at the November 5, 2024 General
Municipal Election; and;
WHEREAS, the City Council desires to consolidate the General Municipal Election
for the measure described herein with the Statewide General Election to be held on
November 5, 2024; and
WHEREAS, the specific terms of the measure to be considered by the qualified
voters is attached hereto as Exhibit "A" (the "Measure") and by this reference made an
operative part hereof, and in accordance with all applicable laws.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2 Pursuant to the California Elections Code section 9222, and any
other applicable requirements of the laws of the State of California relating to charter
cities, the City Council, by majority vote, hereby calls and orders to be held in the City of
Santa Ana on Tuesday, November 5, 2024, a General Municipal Election for the purpose
of submitting the ballot Measure attached hereto as Exhibit "A" and incorporated herein
by reference to the qualified voters of the City of Santa Ana.
Section 3. The City Council hereby orders that the following ballot question for the
proposed Measure be submitted to the qualified electors of the City of Santa Ana, in
accordance with the California Elections Code:
MEASURE
Yes
Shall the measure adopting a Rent Stabilization and Just Cause
Eviction Ordinance be adopted? No
Section 4. If the Measure receives a majority of the votes cast on it at the election,
the Measure shall be approved and adopted accordingly.
Section 5. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election. The ballots to be
used at the election shall be in form and content as required by law.
Resolution No. 2024-XXX
Page 2 of 5
Section 6. The City Council consents to the consolidation of the election on this
Measure with all other elections being held in the same territory on November 5, 2024,
and to hold and conduct the consolidated election in the manner prescribed in Election
Code Section 10418. In accordance with Section 10403 of the Elections Code, the
Board of Supervisors of Orange County is hereby requested to consent to consolidation
of the election on this Measure with the Statewide General Election and all other
elections being held in the same territory on November 5, 2024, and to having the
Registrar of Voters render such election services to the City of Santa Ana as may be
requested by the City Clerk of said City, the County of Orange to be reimbursed in full
for such services as are performed.
Section 7. The election services requested by the City of the County Registrar
of Voters, or such other official as may be appropriate and which officer is hereby
authorized and directed to perform, if said Board of Supervisors consents, include: the
preparation, printing, and mailing of sample ballots and voter information guides; the
establishment or appointment of precincts, voting centers, and election officers; opening
and closing of voting centers, and making such publications as are required by law in
connection therewith; the furnishing of ballots, voting booths, and other necessary
supplies or materials for voting centers; the canvassing of the returns of the election and
the furnishing of the results of such canvassing to the City Clerk; and the performance of
such other election services as may be requested by the City Clerk.
Section 8. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 9. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 10. The City Clerk is hereby directed to transmit a copy of the Measure
set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis
of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
"The above statement is an impartial analysis of Ordinance or Measure . If
you desire a copy of the ordinance or measure, please call the election official's
office at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial
analysis shall be filed no later than the deadline for direct arguments.
Resolution No. 2023-XXX
Page 3of5
Section 11. The full text of the Measure shall not be printed in the voter
information guide, and a statement shall be printed on the ballot pursuant to Elections
Code section 9223 advising voters that they may obtain a copy of this Resolution and the
Measure, at no cost, upon request made to the City Clerk.
Section 12. All persons qualified to vote at municipal elections in the City on the
day of election herein provided shall be qualified to vote on the Measure hereby submitted
at the General Municipal Election.
Section 13. In all particulars not recited in the Resolution, the election shall be
held and conducted as provided by law for holding general municipal elections in the City.
Section 14. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 15. The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 16. Pursuant to California Elections Code Section 9295, this Resolution
and the attached Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 17. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project,"
as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 18. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 19. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Resolution No. 2024-XXX
Page 4 of 5
Section 20. The City Clerk is hereby directed to certify to the passage and adoption
of this Resolution and to file a certified copy of this Resolution with the Orange County
Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight
(88) days before the date of the election.
ADOPTED this day of , 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
Uyd �:iTIiT.11I"� 1i1emu
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2024 -XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on .2023.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2023-XXX
Page 5of5
Exhibit A
ORDINANCE NO. NS-XXXX
MEASURE" "
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA ADOPTING A RENT STABILIZATION AND
JUST CAUSE EVICTION ORDINANCE
THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:
Section 1. The People of the City of Santa Ana herby adopt a Rent
Stabilization and Just Cause Eviction Ordinance and it shall read as follows:
ARTICLE XIX. — RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE
DIVISION 1. — GENERALLY
Section 8-3100 — Title
This Article shall be known in its entirety as the "City of Santa Ana Rent
Stabilization and Just Cause Eviction Ordinance" and, for the sake of convenience, as
the "Rent Stabilization and Just Cause Eviction Ordinance."
Section 8-3101 — Reserved.
Section 8-3102 — Definitions
a) For purposes of this Article, the words and phrases shall be defined as set
forth herein, unless the context clearly indicates a different meaning is intended.
b) Words and phrases used in this Article, which are not specifically defined,
shall be construed according to their context and the customary usage of the language.
c) Words and phrases defined:
"Annual Allowable Rent Adjustment" means the limit on the Maximum
Allowable Rent Increase, which a Landlord may charge on any Rental Unit
each year.
"Capital Improvement" means an improvement, addition or major repair to
a Rental Unit that were paid for and completed after November 19, 2021
(the effective date of the first adopted Rent Stabilization Ordinance),
provided such new improvement, addition or major repair has a useful life
of five (5) years or more and that is required to be amortized over the
1
useful life of the improvement, such as: structural, electrical, plumbing, or
mechanism system, roofing, carpeting, draperies, stuccoing the outside of
a building, air conditioning, security gates, swimming pool, sauna or hot
tub, fencing, children's play equipment permanently installed, the
complete exterior painting of a building, and other similar improvements as
defined under the straight line depreciation provisions of the Internal
Revenue Code and the regulations issued pursuant thereto and
determined by the Rental Housing Board. Capital Improvement does not
include normal or routine maintenance, repair, replacements, and/or
deterioration resulting from an unreasonable delay in the undertaking of
completion or after a Notice of Violation by a government agency ordering
repairs.
"City" means the City of Santa Ana.
"Hearing Officer" means a person who has been appointed by the
Program Administrator to perform the duties set forth in this Article.
"Housing Services" means those services provided and associated with
the use or occupancy of a Rental Unit including, but not limited to,
insurance, repairs, replacement, maintenance, effective waterproofing and
weather protection, painting, providing light, heat, hot and cold water,
elevator service, window shades and screens, laundry facilities and
privileges, janitorial services, utilities that are paid by the Landlord, refuse
removal, allowing pets, telephone, parking, storage, the right to have a
specified number of Tenants or occupants, computer technologies,
entertainment technologies, including cable or satellite television services,
and any other benefits, privileges or facilities connected with the use or
occupancy of such Rental Unit including a proportionate share of the
services provided to common facilities of the building in which such Rental
Unit is located and/or of the property on which such Rental Unit is located.
"Landlord" or "Owner" means an owner of record, lessor, sublessor or any
person, partnership, corporation, family trust, or any other business entity,
or any successor in interest thereto, offering for rent or lease any Rental
Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the
City and shall include the employee, agent or representative of the
Landlord if the agent or representative has the full authority to answer for
the Landlord and enter into binding agreements on behalf of the Landlord.
"Mediator" means a person whom the Program Administrator determines
meets all of the following criteria:
1) Has received forty (40) to eighty (80) hours of formal training in
mediation, including training in anti -racism, elimination of bias,
diversity, equity, inclusion, and cultural competency; and,
2
2) Has mediated Rent disputes and/or has had other experience or
training showing a capability to mediate the issues which arise in
landlord/tenant disputes.
"Mobilehome" means a structure designed for human habitation and for
being moved on a street or highway under permit pursuant to Section
35790 of the Vehicle Code. Mobilehome includes a manufactured home,
as defined in Section 18007 of the Health and Safety Code, and a
Mobilehome, as defined in Section 18008 of the Health and Safety Code,
but does not include a recreational vehicle, as defined in Section 799.29 of
this code and Section 18010 of the Health and Safety Code or a
commercial coach as defined in Section 18001.8 of the Health and Safety
Code.
"Mobilehome Space" means the rental of a spot for a Mobilehome within a
Mobilehome Park by a homeowner, as defined in Civil Code section
798.9, or a resident, as defined in Civil Code section 798.11.
"Mobilehome Park" means an area of land where two or more Mobilehome
Spaces are rented, or held out for rent, to accommodate Mobilehomes
used for human habitation.
"Net Operating Income" means the net revenue received by the Landlord
after paying the normal Operating Expenses (gross revenue less normal
operating expenses).
"Operating Expenses" means the costs of normal operations, including,
but not limited to, management, taxes, insurance, maintenance, repairs
and other recurring costs.
"Program Administrator" is a person designated by the City Manager to
administer the provisions of this Article.
"Rental Registry Fee" or "Fee" means the fee the City imposes on each
Rental Unit to cover the costs to administer the provisions of this Article.
"Rent" means all periodic compensation, including all non -monetary
consideration, that a Tenant provides to a Landlord concerning the use or
occupancy of a Rental Unit, including any amount included in the Rent for
utilities (unless separately billed to the Tenant by the utility company),
parking, storage, pets or for any other fee or charge associated with the
Tenancy for the use or occupancy of a Rental Unit and related Housing
Services. Rent includes, without limitation, the fair market value of goods
accepted, labor performed, or services rendered. With respect to
Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any
regulations of rent, fees, and costs included within the Mobilehome
3
Residency Law, Civil Code section 798, et seq., shall be incorporated into
the definition of Rent, as applicable.
"Rent Increase" means any additional Rent demanded of or paid by a
Tenant for a Rental Unit, including any reduction in Housing Services
without a corresponding reduction in the amount demanded or paid for
Rent; or a pro rata increase in costs of Housing Services apportioned to a
Rental Unit.
"Rental Agreement" means a lease, sublease, or other agreement, written,
oral or implied, between a Landlord and a Tenant for the use and/or
occupancy of a Rental Unit and for Housing Services. With respect to
Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any
regulations of rental agreements or leases within the Mobilehome
Residency Law, Civil Code section 798, et seq., shall be incorporated into
the definition of Rental Agreement, as applicable.
"Rental Housing Board" or "Board" means the Rental Housing Board
established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana
Municipal Code.
"Rental Registry" means the database or portal where Landlords register
Rental Units, update Rental Unit information, update Tenancy information,
submit notices, and pay the Rental Registry Fee.
"Rental Unit" means any building, structure, or part thereof, or any
Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or
available for rent for residential use or occupancy in the City, including the
land appurtenant thereto, together with all Housing Services in connection
with the use or occupancy thereof, including common areas and
recreational facilities held out for use by the Tenant, which is not exempt
pursuant to the exemptions set forth in this Article.
"Residential Real Property" or "Residential Property" means any housing
unit, including a room or group of rooms designed and intended for
occupancy by one or more persons, including a Rental Unit and a
Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent
or lease in the City.
"Tenancy" means the right or entitlement of a Tenant to use or occupy a
Rental Unit, including a Mobilehome or Mobilehome Space in a
Mobilehome Park.
"Tenant" means any renter, tenant, subtenant, lessee, sub -lessee,
roommate with Landlord's consent, or any other person or entity entitled
under the terms of a Rental Agreement, or by sufferance, or by state or
5
federal law, to the use or occupancy of any Rental Unit and (i) has the
legal responsibility for the payment of Rent for a Rental Unit or (ii) has
agreed to pay the Rent for a Rental Unit.
Section 8-3103 — Implementing Regulations, Policies and Procedures
The City Manager or Program Administrator shall have the authority to
promulgate regulations, policies and procedures to implement the requirements and
fulfill the purposes of this Article. No person shall fail to comply with such regulations,
policies and procedures.
Section 8-3104 — Mobilehome Residency Law
The provisions of this Article shall not supersede the regulations of the state
Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is
any conflict between the terms of this Article and the Mobilehome Residency Law, the
Mobilehome Residency Law shall prevail.
Secs. 8-3105 - 8-3119. Reserved.
DIVISION 2. — JUST CAUSE EVICTIONS
Section 8-3120 — Restrictions on Termination of Tenancy without Just Cause
(a) After a Tenant has continuously and lawfully occupied a Residential Real
Property for thirty (30) days, the Owner of the Residential Real Property
shall not terminate the Tenancy without just cause, which shall be stated
in the written notice to terminate Tenancy. The provisions of this section
related to the termination of Tenants shall not apply to Mobilehomes or
Mobilehome Spaces in Mobilehome Parks subject to the termination
provisions of the Mobilehome Residency Law, Civil Code section 798.56,
as applicable.
1) The Owner shall post a notice on a form prescribed by the City,
providing information about the existence of this Division 2 of Article
XIX of Chapter 8 of the Santa Ana Municipal Code, including
protections related to immigration or citizenship status of Tenant found
under Civil Code section 1940.35 and Code of Civil Procedure section
1161.4, as may be amended. Notice must be posted in a conspicuous
location on the property. The notice shall be written in the language
that the Owner and Tenant used to negotiate the terms of the Tenancy
(e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as
English.
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2) In addition to all other notice requirements specified elsewhere in this
Division, the Owner of any Residential Real Property or Mobilehome
Space, is required to provide written notice to Tenants of their rights
under this Division as follows:
A. The notice required by this Division must be on a form
prescribed by the City and include the following information:
The existence and scope of this Division 2 of Article XIX
of Chapter 8 of the Santa Ana Municipal Code; and,
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2) herein.
B. The Owner must provide Tenant with the notice upon serving
any notice of change in terms of Tenancy.
C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the effective date
of this Division.
(b) For purposes of this section, "just cause" includes either of the following:
1) At -fault just cause, which is any of the following:
A. Default in the payment of Rent.
B. A breach of a material term of the lease, as described in
paragraph (3) of Section 1161 of the Code of Civil Procedure,
including, but not limited to, violation of a provision of the lease
after being issued a written notice to correct the violation. A
"breach of a material term" shall not include:
The obligation to limit occupancy, provided that the
additional occupant who joins the Tenant of the
Residential Real Property thereby exceeding the limits on
occupancy set forth in the lease is:
A dependent under age 18, or
II. A replacement Tenant who moved in after an
approved Tenant vacated the Residential Real
Property, so long as the addition does not exceed
the Uniform Housing Code.
I
The Owner shall have the right to approve
or deny the prospective additional or
replacement Tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Owner fails to respond to the Tenant in
writing with a description of the reasons for
the denial of the request within a
reasonable amount of time of receipt of the
Tenant's written request, the Tenant's
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii. A change in the terms of the Tenancy that is not the
result of an express written agreement signed by both of
the parties. An Owner is not required to obtain a Tenant's
written consent to a change in the terms of the Tenancy if
the change in the terms of the Tenancy is authorized by
this section, or if the Owner is required to change the
terms of the Tenancy pursuant to federal, State, or local
law. Nothing in this subsection shall exempt an Owner
from providing legally required notice of a change in the
terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or
commission of a nuisance as described in paragraph (4) of
Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section
1161 of the Code of Civil Procedure.
E. The Tenant had a written lease that terminated on or after the
effective date of this Ordinance, and after a written request or
demand from the Owner, the Tenant has refused to execute a
written extension or renewal of the lease for an additional term
of similar duration with similar provisions, provided that those
terms do not violate this section or any other provision of law.
F. Criminal activity by the Tenant on the Residential Real Property,
including any common areas, or any criminal activity or criminal
threat, as defined in subdivision (a) of Section 422 of the Penal
Code, on or off the Residential Real Property, that is directed at
any Owner or agent of the Owner of the Residential Real
Property or members of Tenant's household or other Tenants of
the Residential Real Property. This at -fault, just cause provision
7
shall apply if the Owner has, within a reasonable time, reported
the criminal activity to law enforcement. Further, at -fault, just
cause eviction of a Tenant under this provision shall only apply
to that Tenant who committed the criminal activity described
herein. If a Tenant is acquitted or found not guilty of the charges
giving rise to eviction, or if charges are not filed against the
Tenant within the applicable statute of limitations period, the
Tenant shall be offered the right to restore the Tenancy only if
the same Residential Real Property is available.
G. Assigning or subletting the premises in violation of the Tenant's
lease, as described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
Notwithstanding any contrary provision in this section, an
Owner shall not take any action to terminate a Tenancy
based on a Tenant's sublease of the Residential Real
Property if all the following requirements are met:
The Tenant requests permission from the Owner
in writing to sublease the Residential Real
Property;
II. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces one or more departed
Tenants under the lease on a one -for -one basis;
and
IV. The Owner fails to respond to the Tenant in writing
within a reasonable amount of time of the receipt
of the Tenant's written request. If the Owner fails
to respond to the Tenant's written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Owner's reasonable refusal of the Tenant's written
request may be based on, but is not limited to, the
ground that the total number of occupants in a
Residential Real Property exceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H. The Tenant's refusal to allow the Owner to enter the Residential
Real Property as authorized by Sections 1101.5 and 1954 of the
M
Civil Code, and Sections 13113.7 and 17926.1 of the Health
and Safety Code.
I. Using the premises for an unlawful purpose as described in
paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee's failure to vacate after their
termination as an employee, agent, or a licensee as described
in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the Tenant fails to deliver possession of the Residential
Real Property after providing the Owner written notice as
provided in Section 1946 of the Civil Code of the Tenant's
intention to terminate the hiring of the real property, or makes a
written offer to surrender that is accepted in writing by the
Owner but fails to deliver possession at the time specified in that
written notice as described in paragraph (5) of Section 1161 of
the Code of Civil Procedure.
2) No-fault just cause, which includes any of the following:
ra
Intent to occupy the Residential Real Property by the
Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of
this Ordinance, this subsection shall apply only if the
Tenant agrees, in writing, to the termination, or if a
provision of the lease allows the Owner to terminate the
lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the Residential Real
Property for a period of at least 24 months, as affirmed
by the Owner in a written affidavit submitted to the City.
Addition of a provision allowing the Owner to terminate
the lease as described in this clause to a new or renewed
Rental Agreement or fixed -term lease constitutes a
similar provision for the purposes of subparagraph (E) of
paragraph (1).
B. Withdrawal of the Residential Real Property from the rental
market for an anticipated period of at least 24 months, as
affirmed by the Owner in a written affidavit submitted to the City.
C.
er
Q
The Owner complying with any of the following:
An order issued by a government agency or court
relating to habitability that necessitates vacating
the Residential Real Property.
II. An order issued by a government agency or court
to vacate the Residential Real Property.
III. A local ordinance that necessitates vacating the
Residential Real Property.
ii. If it is determined by any government agency or court
that the Tenant is at fault for the condition or conditions
triggering the order or need to vacate under clause (i),
the Tenant shall not be entitled to relocation assistance
as outlined in paragraph (3) of subdivision (d).
Intent to demolish or to substantially remodel the
Residential Real Property.
The Owner shall provide advance notice to the
Tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
Tenant, the right of first refusal to any comparable
vacant Rental Unit which has been offered at
comparable Rent owned by the Owner; and
II. In the event the Owner seeks to rent the
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
Tenant shall have the right of first refusal to
reoccupy and rent the unit, unless the Owner
provides a written waiver by the Tenant of their
right to reoccupy the premises pursuant to this
subsection.
For purposes of this subparagraph, "substantially
remodel" means the replacement or substantial
modification of any structural, electrical, plumbing, or
mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead -based paint, mold, or asbestos,
in accordance with applicable federal, State, and local
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laws, that cannot be reasonably accomplished in a safe
manner with the Tenant in place and that requires the
Tenant to vacate the Residential Real Property for at
least 30 days. Cosmetic improvements alone, including
painting, decorating, and minor repairs, or other work that
can be performed safely without having the Residential
Real Property vacated, do not qualify as a substantial
remodel.
(c) Before an Owner of Residential Real Property issues a notice to terminate
a Tenancy for just cause that is a curable lease violation, the Owner shall
first give notice of the violation to the Tenant with an opportunity to cure
the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil
Procedure. If the violation is not cured within the time period set forth in
the notice, a three-day notice to quit without an opportunity to cure may
thereafter be served to terminate the Tenancy.
(d)
1) Any written notice to cease or correct must:
A. Be dated and served upon the Tenant, pursuant to at least one
of the methods authorized under California Code of Civil
Procedure Section 1162, as may be amended;
B. Inform the Tenant that failure to cure may result in the initiation
of eviction proceedings;
C. Inform the Tenant of the right to request a reasonable
accommodation;
D. Inform the Tenant of the contact number for the Program
Administrator; and
E. Include a specific statement of the reasons for the written notice
to cease or correct with specific facts to help the Tenant
determine the date(s), place(s), witness(es), and
circumstance(s) that support the reason(s) for the eviction.
1) For a Tenancy for which just cause is required to terminate the
Tenancy under subdivision (a), if an Owner of Residential Real
Property issues a termination notice based on a no-fault just cause
described in paragraph (2) of subdivision (b), the Owner shall,
regardless of the Tenant's income, at the Owner's option, do one of the
following:
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A. Assist the Tenant to relocate by providing a direct payment to
the Tenant as described in paragraph 3; or
B. Waive in writing the payment of Rent for the final three (3)
months of the Tenancy, prior to the Rent becoming due.
2) If an Owner issues a notice to terminate a Tenancy for no-fault just
cause, the Owner shall notify the Tenant of the Tenant's right to
relocation assistance or Rent waiver and all other rights pursuant to
this section. If the Owner elects to waive the Rent for the final three (3)
month of the Tenancy as provided in subparagraph (B) of paragraph
(1), the notice shall state the amount of Rent waived and that no Rent
is due for the final three (3) months of the Tenancy.
3)
A. The amount of relocation assistance or Rent waiver shall be
equal to three (3) months of the Tenant's Rent that was in effect
when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shall be provided within 15 calendar
days of service of the notice.
B. If a Tenant fails to vacate after the expiration of the notice to
terminate the Tenancy, the actual amount of any relocation
assistance or Rent waiver provided pursuant to this subdivision
shall be recoverable as damages in an action to recover
possession.
C. The relocation assistance or Rent waiver required by this
section shall be credited against any other relocation assistance
required by any other law.
4) An Owner's failure to strictly comply with this section shall render the
notice of termination void.
(e) This section shall not apply to the following types of residential real
properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of
Section 1940 of the Civil Code.
2) Housing accommodations in a nonprofit hospital, religious facility,
extended care facility, licensed residential care facility for the elderly,
as defined in Section 1569.2 of the Health and Safety Code, or an
adult residential facility, as defined in Chapter 6 of Division 6 of Title 22
of the Manual of Policies and Procedures published by the State
Department of Social Services.
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3) Dormitories owned and operated by an institution of higher education
or a kindergarten and grades 1 to 12, inclusive, school.
4) Housing accommodations in which the Tenant shares bathroom or
kitchen facilities with the Owner who maintains their principal residence
at the Residential Real Property.
5) Single-family Owner -occupied residences, including a residence in
which the Owner -occupant rents or leases no more than two units or
bedrooms, including, but not limited to, an accessory dwelling unit or a
junior accessory dwelling unit.
6) A duplex in which the Owner occupied one of the units as the Owner's
principal place of residence at the beginning of the Tenancy, so long
as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the
previous 15 years.
8) Residential Real Property that is alienable separate from the title to
any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
A real estate investment trust, as defined in Section 856
of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member
is a corporation.
The Tenants have been provided written notice that the
Residential Property is exempt from this section using the
following statement: "This property is not subject to the
just cause requirements of Santa Ana Municipal Code
Chapter 8, Article XIX, Division 2. This property meets
the requirements of Santa Ana Municipal Code section 8-
3120(e)(8) and the Owner is not any of the following: (1)
a real estate investment trust, as defined by Section 856
of the Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member is
a corporation."
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ii. For a Tenancy existing before the effective date of this
Ordinance, the notice required under clause (i) may, but
is not required to, be provided in the Rental Agreement.
iii. For any Tenancy commenced or renewed on or after the
effective date of this Ordinance, the notice required under
clause (i) must be provided in the Rental Agreement.
iv. Addition of a provision containing the notice required
under clause (i) to any new or renewed Rental
Agreement or fixed -term lease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1) of subdivision (b).
9) Housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document as
affordable housing for persons and families of very low, low, or
moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing
subsidies for affordable housing for persons and families of very low,
low, or moderate income, as defined in Section 50093 of the Health
and Safety Code or comparable federal statutes.
(f) An Owner of Residential Real Property subject to this section shall provide
notice to the Tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date
of this Ordinance, as an addendum to the lease or Rental Agreement,
or as a written notice signed by the Tenant, with a copy provided to the
Tenant.
2) For a Tenancy existing prior to the effective date of this Ordinance, by
written notice to the Tenant no later than thirty (30) days after the
effective date of this Ordinance, or as an addendum to the lease or
Rental Agreement.
3) The notification or lease provision shall be in no less than 12-point
type, and shall include the following: "The Santa Ana Municipal Code
provides that after all of the Tenants have continuously and lawfully
occupied the property for at least thirty (30) days, an Owner must
provide a statement of cause in any notice to terminate a Tenancy.
See Division 2 of Article XIX of Chapter 8 of the Santa Ana Municipal
Code for more information."
(g) It shall be a defense to an action for possession of a Rental Unit under this
Division if a trier of fact determines that:
14
1) Both of the following provisions apply:
A. The Tenant or Tenant's household member is a victim of an act
or acts that constitute domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking if the
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking has been documented by
one of the following:
A temporary restraining order, emergency protective
order, or protective order issued within the last 180 days
pursuant to law that protects the Tenant or a household
member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii. The Tenant or a member of their household has filed a
police report within the previous 180 days alleging that
they are a victim of domestic violence, elder or
dependent adult abuse, sexual assault, human
trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts
constituting domestic violence, elder or dependent adult abuse,
sexual assault, human trafficking, or stalking against the Tenant
or their household member, including, but not limited to, an
action for possession based on complaints of noise,
disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The Tenant or the person protected by a court order or who filed
a police report allows the person against whom the protective
order has been issued or who was named in the police report as
committing an act of domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking, to
visit the rental property; or
B. The Owner reasonably believes the presence of the person
against whom the protective order has been issued or who was
named in the police report as having committed an act of
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking poses a physical threat to
other Tenants, guests, invitees, or to a Tenant's right to quiet
15
enjoyment and the Owner previously gave the Tenant a three
(3) day written notice to cease and correct this violation.
3) The provisions of this Division shall not supersede any other applicable
state laws relating to victims of an act of domestic violence, sexual
assault, stalking, human trafficking, abuse of an elder or a dependent
adult, or of other specified crimes, as provided for in Civil Code section
1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27.
(h) It shall be a defense to a no fault just cause action for possession of a
Rental Unit under this Division if a person under the age of 21 is a resident
of the subject Rental Unit, or has a custodial or family relationship with a
Tenant in the subject Rental Unit, and who is registered and actively
attending any level of school during a specified school term.
(i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner
shall provide notice of such proposed sale to the Mobilehome Park
residents and prepare a report on the impact of the sale of the
Mobilehome Park, including a replacement and relocation plan that
adequately mitigates the impact upon the ability of any displaced residents
of the Mobilehome Park to be sold to find adequate housing in a
Mobilehome Park, as applicable.
(j) Any waiver of the rights under this section shall be void as contrary to
public policy.
Section 8-3121 — Notice of Termination of Tenancy.
(a) When terminating a Tenancy either at -fault or no-fault, an Owner must
comply with all of the following:
1) The Owner must serve a written notice in accordance with Civil Code
sections 1946 through 1946.5, to the Tenant that states that, in
addition to any information required by federal or State law, the Owner
will terminate the Tenancy, and that indicates at least one at -fault or
no-fault just cause reason as provided in section 8-3120(b); and
2) The Owner has not accepted and will not accept Rent or any other
consideration in return for the continued use of the Residential
Property beyond the term of the terminated Tenancy in compliance
with Civil Code sections 1945 through 1946.5-1 and
3) The Owner qualifies the termination as at -fault or no-fault just cause,
as specified in section 8-3120(b); and
16
4) The Owner has submitted to the City, within five (5) days after service
of the notice of termination on the Tenant, a true and accurate copy of
the Owner's written notice of termination, and proof of such service,
signed under penalty of perjury, on the Tenant, through the City's
Rental Registry portal. The Owner shall maintain proof of service to the
City as evidence that the Owner has complied with this section.
5) The Owner must provide the notice in the language that the Owner and
Tenant used to negotiate the terms of the Tenancy, in addition to
English.
Section 8-3122 — Retaliatory Eviction and Anti -Harassment.
(a) Retaliatory Eviction.
1) If the main intent of the Owner in terminating a Tenancy or refusing to
renew a Tenancy is retaliatory in nature, and if the Tenant is not in
default as to the payment of Rent, then the Owner may not terminate
the Tenancy or refuse to renew the Tenancy or cause the Tenant to
quit involuntarily.
2) A Tenant may assert retaliation affirmatively or as a defense to the
Owner's action regardless of the period of time which has elapsed
between the Tenant's assertion or exercise of rights under this Article
and the alleged act of retaliation.
3) Retaliation against a Tenant because of the Tenant's exercise of rights
under this Article is prohibited. Retaliation claims may only be brought
in court and may not be addressed administratively. A court may
consider the protections afforded by this Article in evaluating a claim of
retaliation.
(b) Anti -Harassment. No Owner, or any person, acting as a principal or agent,
offering Residential Real Property for rent, or any contractor, subcontractor or
employee of the Owner shall, with respect to Residential Real Property under
any Rental Agreement or other Tenancy or estate at will, however created, do
any of the following:
1) Interrupt, terminate, or fail to provide Housing Services required by
Rental Agreement or by federal, State, County, or local housing,
health, or safety laws, or threaten to do so, or violate or threaten to
violate Civil Code section 789.3.
A. 'Interrupt, terminate, or fail to provide Housing Services' in this
provision does not include interruptions, terminations, or failure
17
to provide Housing Services as a result of interruptions,
outages, or terminations caused by events or actions outside of
the Owner's control, such as utility outages caused by natural
disaster. Further, this provision does not include stoppages,
outages, terminations, and interruptions properly noticed to
Tenants as required by a signed Rental Agreement.
2) Take any of the following actions in bad faith:
A. Fail to perform repairs and maintenance required by Rental
Agreement or by federal, State, or local laws;
B. Fail to exercise due diligence in completing repairs and
maintenance once undertaken;
C. Fail to follow appropriate industry repair, containment, or
remediation protocols designed to minimize exposure to noise,
dust, lead, paint, mold, asbestos, or other building materials with
potentially harmful health impacts;
D. Conduct elective renovation or construction of unit for the
purpose of harassing a Tenant;
E. Refuse to acknowledge or accept receipt of a Tenant's lawful
Rent payment as set forth in a Rental Agreement, by usual
practice of the parties, or in a notice to pay Rent or quit;
F. Refuse to cash or process a Rent check or other form of
acceptable Rent payment for over thirty (30) days after it is
tendered;
G. Fail to maintain a current address for delivery of Rent payments;
H. Violate a Tenant's right to privacy without limitation, by
requesting information regarding residence or citizenship status,
protected class status, or social security number, except as
required by law or in the case of a social security number, for
the purpose of obtaining information for the qualifications for a
Tenancy;
I. Release information protected by the Tenant's right to privacy
except as required or authorized by law; or
J. Request or demand an unreasonable amount of information
from Tenant in response to a request for reasonable
accommodation.
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3) Abuse the right of access into Residential Real Property as established
by Civil Code section 1954 or other applicable law. This includes
entries for inspections that are not related to necessary repairs or
services; entries excessive in number; entries that improperly target
certain Tenants or are used to collect evidence against the occupant or
otherwise beyond the scope of an otherwise lawful entry; entries or
demands for entry at times outside of normal business hours, unless
for health and safety reasons or if the Tenant agrees otherwise; entries
contrary to a Tenant's reasonable request to change the date or time of
entry; photographing or otherwise recording portions of a Rental Unit
that are beyond the scope of lawful entry or inspection; and
misrepresenting the reasons for accessing Residential Real Property.
4) Influence or attempt to influence a Tenant to vacate Residential Real
Property through fraud, misrepresentation, intimidation or coercion,
which shall include threatening to report a Tenant to the United States
Department of Homeland Security.
5) Threaten the Tenant, by word or gesture, with physical harm, or abuse
Tenant with words, either orally or in writing, which are offensive and
inherently likely to provoke an immediate violent reaction. This includes
words used during in -person conversations, through social media
postings or messages, or other communications.
6) Violate any law which prohibits discrimination based on race, gender,
sexual preference, sexual orientation, ethnic background, nationality,
religion, age, parenthood, marriage, pregnancy, disability, human
immunodeficiency virus (HIV)/ acquired immune deficiency syndrome
(AIDS), occupancy by a minor child, or source of income.
7) Take action to terminate any Tenancy including service of any notice to
quit or other eviction notice or bring any action to recover possession
of a Rental Unit based upon facts which the Owner has no reasonable
cause to believe to be true or upon a legal theory which is untenable
under the facts known to the Owner. No Owner shall be liable under
this subsection for bringing an action to recover possession unless and
until the Tenant has obtained a favorable termination of that action.
8) Remove from the Rental Unit personal property, furnishings, or any
other items without the prior written consent of the Tenant, except
when done pursuant to enforcement of a legal termination of Tenancy.
9) Provide false written or verbal information regarding any federal, State,
County, or local Tenant protections, including mischaracterizing the
nature or effect of a notice to quit or other eviction notice. False
19
information includes, without limitation, requesting or demanding a
Tenant:
A. Sign a new Rental Agreement not in the Tenant's primary
language if:
i. Rental Agreement negotiations were conducted in the
Tenant's primary language;
ii. The existing Rental Agreement is in the Tenant's primary
language; or
iii. Owner is otherwise aware that the new Rental
Agreement is not in Tenant's primary language.
B. Enter into a Rent repayment plan if the Owner states,
misrepresents, suggests, or implies, that the Tenant should or
must do so to take advantage of Tenant protection laws that do
not in fact require such plans.
10)Offer payments to:
A. A Tenant to vacate more than once in six (6) months, after the
Tenant has notified the Owner in writing that the Tenant does
not desire to receive further offers of payments to vacate;
B. Attempt to coerce Tenant to vacate accompanied with threats or
intimidation. This shall not include settlement offers in pending
eviction actions made in good faith and not accompanied with
threats or intimidation.
11)Communicate with Tenant in a language other than Tenant's primary
language for the purpose of intimidating, confusing, deceiving or
annoying Tenant.
12)lnterfere with a Tenant's right to quiet use and enjoyment of a Rental
Unit as that right is defined by law.
13)Commit repeated acts or omissions of such significance as to
substantially interfere with or disturb the comfort, repose, peace, or
quiet of any person lawfully entitled to occupancy of such Rental Unit
and that cause, are likely to cause, or are intended to cause any
person lawfully entitled to occupancy of a Rental Unit to vacate such
Rental Unit or to surrender or waive any rights in relation to such
occupancy.
20
14)Remove a housing service for the purpose of causing the Tenant to
vacate the Residential Real Property. For example, taking away a
parking space knowing that a Tenant cannot find alternative parking
and must move.
15)Interfere with the right of Tenants to organize as Tenants and engage
in concerted activities with other Tenants for the purpose of mutual aid
and protection; provide property access to Tenant organizers,
advocates, or representatives working with or on behalf of Tenants
living at a property; convene Tenant or Tenant organization meetings
in an appropriate space accessible to Tenants under the terms of their
Rental Agreement; or distribute and post literature informing other
Tenants of their rights and of opportunities to involve themselves in
their project in common areas, including lobby areas and bulletin
boards.
16)Threatening or intimidating a Tenant based on their immigration or
citizenship status or otherwise disclosing a Tenant's immigration or
citizenship status in violation of California Civil Code section
1940.35(a) and California Code of Civil Procedure section 1161.4, as
may be amended.
Secs. 8-3123 - 8-3139. - Reserved.
DIVISION 3. — RENT STABILIZATION
Section 8-3140 — Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces in
the City of Santa Ana in excess of three percent (3%), or eighty (80%) of
the change in the Consumer Price Index, whichever is less, and more than
one Rent Increase in any twelve (12) month period, are prohibited, unless
expressly exempt under the Costa -Hawkins Rental Housing Act codified in
California Civil Code section 1954.50, et seq., or the Mobilehome
Residency Law codified in California Civil Code sections 798, et seq. If
the change in the Consumer Price Index is negative, no Rent Increase is
permitted. The term Consumer Price Index means, at the time of the
adjustment calculation completed by the City pursuant to subsection (b),
the percentage increase in the United State Consumer Price Index for all
Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan
Area published by the Bureau of Labor Statistics, not seasonally adjusted,
for the most recent twelve (12) month period ending prior to the City's
calculation pursuant to subsection (b). A violation of this section occurs
upon the service of notice or demand for a prohibited increase in Rent.
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(b) No later than June 30 each year, beginning with the year 2022, the City
shall announce the amount of allowable Rent Increase based on
subsection (a) herein, which shall be effective as of September 1 of that
year.
Section 8-3141 — Reasonable Rate of Return.
This ordinance allows for an annual adjustment of Residential Real Property or
Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in
the Consumer Price Index, whichever is less. A Consumer Price Index -based increase
is found and determined to provide a just and reasonable return on an Owner's
property, and has been adopted to encourage good management, reward efficiency,
and discourage the flight of capital, as well as to be commensurate with returns on
comparable investments, but not so high as to defeat the purpose of curtailing
excessive Rents and rental increases. Notwithstanding the foregoing, however, any
Owner of Residential Real Property or a Mobilehome Park who contends that the limit
on rental increases set forth in Section 8-3140 above will prevent the Owner from
receiving a fair and reasonable return on their property may petition for relief from the
cap set forth in section 8-3140 pursuant to the procedures set forth in this Division.
Section 8-3142 — Fair Return Petition for Rent Increase.
(a) A Landlord may submit a Fair Return Petition to the Program
Administrator in accordance with the procedures set forth in this Division requesting a
Rent Increase in excess of that provided in this Division in order to obtain a fair and
reasonable return on the Rental Unit.
(b) Standard of Review. All relevant factors shall be considered when
evaluating a Fair Return Petition, including, but not limited to, the following:
1) Changes in the Consumer Price Index for All Urban Consumers in
the Los Angeles -Long Beach -Anaheim Metropolitan Area published
by the Bureau of Labor Statistics;
2) The Rent lawfully charged for comparable Rental Units in the City;
3) The length of time since the last determination on a Fair Return
Petition, or the last Rent Increase if no previous Fair Return Petition
has been made;
4) The completion of any rehabilitation work related to the Rental Unit,
and the cost thereof, including materials, labor, construction
interest, permit fees, and other items deemed appropriate;
5) Changes in property taxes or other taxes related to the Rental Unit;
6) Changes in the Rent paid by the Landlord for the lease of the
Rental Unit;
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7) Changes in the utility charges for the Rental Unit paid by the
Landlord, and the extent, if any, of reimbursement from the
Tenants;
8) Changes in reasonable Operating Expenses;
9) Changes in Net Operating Income;
10) The need for repairs caused by circumstances other than ordinary
wear and tear;
11) The amount and quality of Housing Services provided by the
Landlord to the Tenants;
12) Compliance with any existing Rental Agreement lawfully entered
into between the Landlord and Tenants; and
13) Landlord's substantial compliance with this Article and applicable
housing, health and safety codes.
Section 8-3143 — Capital Improvement Petition
(a) Effective July 1, 2023, or as modified by resolution of the City Council, a
Landlord may submit a Capital Improvement Petition to the Program Administrator in
accordance with the procedures set forth in this Division requesting a pass -through cost
to the Tenants to cover expenses incurred by the Landlord to complete Capital
Improvements for the Rental Unit pursuant to the following provisions:
1) The Capital Improvement was paid for and completed after
November 19, 2021 (the effective date of the first adopted Rent
Stabilization Ordinance);
2) The Capital Improvement was paid for and completed prior to the
filing of the Capital Improvement Petition;
3) A Capital Improvement Petition must be initiated by the Landlord
within two (2) years of completion of the Capital Improvement;
4) A Capital Improvement Petition shall not apply to Rental Units or
new Tenants whose initial Rent was established after the Landlord
completed the Capital Improvement;
5) The Landlord may not require a Tenant to pay any amount of any
cost that is attributable to any period of time that the Tenant was
not entitled to use and occupy the Rental Unit;
6) The Landlord may not require a Tenant to pay more than the
Tenant's share of the cost attributable to that Tenant's Rental Unit
that is permitted to be passed through to the Tenant;
7) If the Capital Improvement inures solely to the benefit of one or
more of the Rental Units, but to less than all, the surcharge shall be
so annualized, but shall be applied and/or prorated only with
respect to the one or more Rental Units actually so benefited;
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8) Equipment otherwise eligible as a Capital Improvement will not be
considered if a "use fee" is charged (i.e. — coin operated washer
and dryers); and,
9) Pass through costs for Capital Improvements shall not be
considered Rent and shall not be increased when Rent Increases,
nor shall they be considered Rent for purposes of calculating a
Rent Increase.
(b) Calculating Capital Improvements. Any Capital Improvement pass -
through cost must be calculated according to the following:
1) Capital Improvement costs must be amortized over the useful life of
the Capital Improvement, not to exceed ten percent (10%) of the
current Rent; for the purposes of such computation, the current
Rent for any time period shall not include any Capital Improvement
pass -through amounts;
2) For mixed -use structures and Landlord -occupied Rental Units, only
the percent of residential square footage will be applied in the
calculations;
3) If a unit is occupied by an agent of the Landlord, this unit must be
included when determining the average costs per Rental Unit; and,
4) If the Landlord is reimbursed for Capital Improvements (i.e. —
insurance, court -awarded damages, subsidies, etc.), such
reimbursement must be deducted from the Capital Improvements
before costs are amortized and allocated among the Rental Units.
(c) Standard of review. All relevant factors shall be considered when
evaluating a Capital Improvement Petition, including the following:
1) Capital Improvement completed;
2) Landlord's Petition made within two (2) years of completion of
Capital Improvement;
3) Distinguished from ordinary repair or maintenance;
4) For the primary benefit, use, and enjoyment of the Tenant;
5) Permanently fixed in place or relatively immobile and appropriated
to the use of the Rental Unit;
6) No "use fee" or other charge imposed on Tenants for its use; and,
7) Cost -factored and amortized.
Section 8-3144 — Tenant Petition
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(a) Effective July 1, 2023, or as modified by resolution of the City Council, a
Tenant may submit a Petition to the Program Administrator in accordance with the
procedures set forth in this Division on any one (1) or more of the following grounds:
1) To request review of a Rent Increase in excess of the maximum
allowed Rent Increase;
2) To request a reduction in Rent based on decreased Housing
Services;
3) To request a reduction in Rent based on failure of the Landlord to
maintain a habitable premises, including health, safety, fire, or
building code violations;
4) To contest a Capital Improvement cost as an unauthorized or
excessive pass through; or,
5) For any other violation of this Article by the Landlord.
(b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition
under this Division shall do so within the following time limits:
1) Tenant receiving a notice of Rent Increase shall have thirty (30)
days after service of such notice to file a Petition for review of Rent;
2) In instances where notice is not provided as required, the Tenant
shall file a Petition for review of Rent within thirty (30) days after
Tenant knew of the alleged failure to comply with the requirements
of this Article; and,
3) For any other violation(s) of this Article by the Landlord, the Tenant
shall file a Petition within one hundred and eighty (180) days of the
alleged violation(s).
(c) Standard of Review. All relevant factors shall be considered when
evaluating a Tenant Petition, including the following:
1) Landlord allows violations of this Article or other applicable state
and local statutes to persist;
2) Any reduction of Housing Services, living space, or amenities;
3) Substantial deterioration of the Rental Unit other than as a result of
ordinary wear and tear;
4) Landlord's failure to provide adequate Housing Services;
5) Tenant provided Landlord with reasonable notice and opportunity to
correct the conditions that provide the basis for the petition; and,
6) Landlord's failure to comply substantially with this Article or
applicable housing, health and safety codes.
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(d) Restoration of Rent Decrease. Where a Rent decrease has been ordered
pursuant to this Division due to a decrease in Housing Services or failure to maintain
habitability, the amount of Rent decreased (return of excess Rent) may be restored in
accordance with procedures set out in the regulations when the former Housing
Services or maintenance levels are reinstated.
Section 8-3145 — Petition Process
A Landlord or a Tenant may file Petitions with the Program Administrator, as
provided in this Division. For purposes of this Petition process, the Landlord and each
Tenant of a Rental Unit that is the subject of a Petition shall be a "party" to the Petition.
The Program Administrator shall promulgate regulations regarding procedures for
Petitions filed under this Article. Petitions shall be governed by such regulations and by
the provisions of this Section. Petitions shall be available in the language that the
Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese,
Tagalog, Vietnamese and Korean), as well as English.
(a) Filing Petition. Upon the filing of a Petition, the Program Administrator
shall notify the petitioner of the acceptance or denial of the Petition based on the
completeness of the submission. The Program Administrator shall not assess the
merits of the Petition, and shall only refuse acceptance of a Petition that does not
include required information or documentation or comply with the requirements of this
Division.
(b) Filing Fee. Fees for the filing of any Petition shall be established by City
Council resolution in the City's Miscellaneous Fee Schedule.
(c) Prior Petition. Notwithstanding any other provision of this Division, no
Petition shall proceed if a decision has been made with regard to a prior Petition based
on the same or substantially the same grounds within the previous one hundred and
eighty (180) days.
(d) No Landlord Petition or upward adjustment of Rent shall be authorized
under this Division if the Landlord:
1) Has continued to fail to comply, after order of the Board, with any
provisions of this Article and/or orders or regulations issued
thereunder by the Board; or,
2) Has failed to bring the Rental Unit into compliance with the implied
warranty of habitability.
(e) Notice of Petition. As soon as possible after acceptance of a Petition, the
Program Administrator shall provide written notice to the Landlord, if the Petition was
filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt
of such a Petition. The written notice shall inform the parties of the Petition process, the
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right to respond, and include a copy of the completed Petition and supportive
documents. Any response submitted by the responding party will be made available to
the petitioning party.
(f) Hearing Officer. An impartial Hearing Officer appointed by the Program
Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has
the following powers:
1) To make a determination on a Petition; and
2) Any other powers delegated to the Hearing Officer by the Board.
(g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its
own motion, in the Board's sole discretion, may hold a hearing on a Petition without the
Petition first being heard by a Hearing Officer.
(h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing
by the Hearing Officer to be held on a date not more than sixty (60) days from the date
the Program Administrator accepts the Petition. With agreement of the parties, the
Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than
ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the
time, date, and place of the hearing.
(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same
building shall be consolidated for hearing, and all Petitions filed by Tenants occupying
the same building shall be consolidated for hearing, unless the Program Administrator
or Hearing Officer finds good cause not to consolidate such Petitions.
0) Right of Assistance. All parties to a hearing may have assistance in
presenting evidence and developing their position from attorneys, legal workers, or any
other persons designated by said parties.
(k) Rules of Evidence. Formal rules of evidence shall not be applicable to
hearings on Petitions. At such a hearing, the parties may offer any documents,
testimony, written declarations, or other evidence that, in the opinion of the Hearing
Officer, is credible and relevant to the Petition. The Hearing Officer may consider the
results of inspections of the property in question and the results of any other
investigations conducted by or at the request of the Hearing Officer or Program
Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence
shall be excluded upon order by the Hearing Officer.
(1) Evidence. Any party may appear and offer such documents, testimony,
written declarations, or other evidence as may be pertinent to the proceeding. The
Hearing Officer may require either party to a Petition to provide any books, records, or
papers deemed pertinent, in addition to that information contained in the Petition and
Rental Registry. The Hearing Officer may request the City to conduct a current building
inspection if the Hearing Officer finds good cause to believe the current information
does not reflect the current condition of the Rental Unit. All documents required under
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this section shall be made available to the parties involved prior to the hearing. In cases
where information filed in a Petition or in additional submissions filed at the request of
the Hearing Officer is inadequate or false, no action shall be taken on said Petition until
the deficiency is remedied.
(m) Quantum of Proof. The party who files the Petition shall have the burden
of proof. No Petition shall be granted unless supported by the preponderance of the
evidence submitted at the hearing.
(n) Time for Decision. The policies and procedures adopted by the Board
shall provide for final action on any Petition within a reasonable time.
(o) Notice of Decision. The Hearing Officer shall make a determination on the
merits of the Petition and shall provide a written statement of decision, including findings
upon which the determination is based. The Hearing Officer's decision on a Petition
may be reasonably conditioned in any manner necessary to effectuate the purposes of
this Article. Additionally, the parties to the hearing shall also be notified of their right to
any appeal allowed by the Board and/or to judicial review of the decision pursuant to
this Division.
(p) Hearing Record. The record of the hearing shall include: the Petition; all
exhibits, papers, and documents required to be filed or accepted into evidence during
the proceedings; a list of participants present; a summary of all testimony accepted in
the proceedings; a statement of all materials officially noticed; all recommended
decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the
reasons for each final decision, order and/or ruling. All hearings shall be recorded.
(q) Appeal. Any person aggrieved by the decisions of the Hearing Officer
may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30)
days after receipt of the notice of the decision of the Hearing Officer. On appeal, the
Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the
Board elects to conduct a de novo hearing, Board review of the Hearing Officer's
decision shall be based on the hearing record without holding a new hearing. The
Board may consider additional evidence for good cause, including evidence which did
not exist at the time of the hearing or which could not be discovered using due diligence
by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition
shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of
the Santa Ana Municipal Code.
(r) Finality of Decision. The decision of the Hearing Officer shall be the final
decision of the Board in the event of no appeal to the Board. The decision of the
Hearing Officer shall not be stayed pending appeal; however, in the event that the
Board on appeal reverses or modifies the decision of the Hearing Officer, the Board
shall order the appropriate party to make retroactive payments, as applicable, to restore
the parties to the position they would have occupied had the Hearing Officer's decision
been the same as that of the Board.
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Section 8-3146 — Voluntary Mediation
(a) Voluntary mediation services shall be provided by the City. Upon request,
the Program Administrator shall appoint a Mediator and set a date for a mediation no
later than thirty (30) days after the acceptance of the subject Petition, unless the
Program Administrator determines that additional time is required under the
circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in
writing of the date, time, and place of the mediation hearing at least ten (10) days prior
to the mediation. This notice shall be served either in person or through ordinary mail or
electronic correspondence.
(b) It is the intent and purpose of mediation to provide a process in which
Mediators may assist disputants in reaching a voluntary agreement. Accordingly, except
as otherwise expressly provided herein, there shall be no penalty or disability, either
civil or criminal, for failure to participate in the mediation process, and there shall be no
penalty, either civil or criminal, for failure to reach agreement with a disputant in the
mediation process.
(c) Mediation is a voluntary collaborative process wherein the Landlord and
Tenant(s) who have a disagreement can develop options, consider alternatives, and
develop a consensual agreement. The role of the Mediator is to facilitate open
communication to resolve a dispute in a non -adversarial and confidential manner.
(d) If the Landlord and Tenant agree to a resolution, the Mediator may assist
the parties in preparing a written settlement agreement for the signature of the Landlord
and the Tenant, provided that in doing so the Mediator confines the assistance to
stating the settlement as determined by the parties. Such agreement shall constitute a
legally enforceable contract.
(e) Should the parties fail to agree to a resolution, or the Mediator determines
that the parties have reached an impasse, the Mediator may refer the Petition back to
the Program Administrator to continue the Petition review process detailed in this
Division.
(f) All documents and results related to mediations and facilitations held
pursuant to this Article shall be kept confidential and shall be inadmissible as evidence
in any subsequent administrative or judicial proceeding.
(g) The Mediator and/or Program Administrator shall provide documentation and
translation services in the language that the Owner and Tenant used to negotiate the
terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as
well as English.
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Section 8-3147 — Exemptions.
(a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this
ordinance regulating the amount of Rent that a Residential Real Property Owner may
charge shall not apply to the following: any Residential Real Property that has a
certificate of occupancy issued after February 1, 1995 (California Civil Code section
1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act
addressing exemptions, as applicable.
(b) Pursuant to the Mobilehome Residency Law, the provisions of this
ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for
a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to
a long term (more than one year) Rental Agreement (California Civil Code section
798.17); any newly constructed Mobilehome Space first offered for rent on or after
January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as
a person's primary residence that are not being leased to someone else (California Civil
Code section 798.21); and, any other provisions of the Mobilehome Residency Law
addressing exemptions, as applicable.
(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section
1947.12(d), the provisions of this ordinance regulating the amount of Rent that a
Residential Real Property Owner may charge shall not apply to the following:
(1) Housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document
as affordable housing for persons and families of very low, low, or
moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing
subsidies for affordable housing for persons and families of very
low, low, or moderate income, as defined in Section 50093 of the
Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher
education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Housing that has been issued a certificate of occupancy within the
previous 15 years.
(4) Residential Real Property that is alienable separate from the title to
any other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
i. A real estate investment trust, as defined in section 856
of the Internal Revenue Code.
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n.
ii. A corporation.
iii. A limited liability company in which at least one member
is a corporation.
i. The Tenants have been provided written notice that the
Residential Real Property is exempt from this section
using the following statement:
"This property is not subject to the Rent limits
imposed by Santa Ana Municipal Code section 8-
3140 and the Owner is not any of the following: (1) a
real estate investment trust, as defined by section 856
of the Internal Revenue Code; (2) a corporation; or (3)
a limited liability company in which at least one
member is a corporation."
ii. For a Tenancy existing before the effective date of this
ordinance, the notice required under clause (i) may, but
is not required to be provided in the Rental Agreement.
iii. For a Tenancy commenced or renewed on or after the
effective date of this ordinance, the notice required under
clause (i) must be provided in the Rental Agreement.
(5) A property containing two separate dwelling units within a single
structure in which the Owner occupied one of the units as the
Owner's principal place of residence at the beginning of the
Tenancy so long as the Owner continues in occupancy, and neither
unit is an accessory dwelling unit or a junior accessory dwelling
unit.
Section 8-3148 — Rent Increase Ineffective.
No Rent Increase shall be effective if the Owner:
(a) Fails to substantially comply with all provisions of this Division, including
but not limited to the failure to provide notices as required; or
(b) Fails to maintain the Residential Real Property or Mobilehome Space in
compliance with California Civil Code Sections 1941.1 et seq. and California Health and
Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and
Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks
Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health
31
and Safety Code section 18000, et seq.; or the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as
applicable; or
(c) Fails to make repairs ordered by the City or court of competent
jurisdiction.
(d) No Rent Increases shall take effect for any Rental Unit unless the
Landlord has accurately completed the Rental Unit Registration.
Section 8-3149 — Notice Requirements.
(a) An Owner of any Residential Real Property or Mobilehome Space subject
to this provision shall, on or before the date of commencement of a Tenancy, give the
Tenant a written notice in a form prescribed by the City which must include the following
information:
(1) The existence and scope of this Division 3 of Article XIX of Chapter
8 of the Santa Ana Municipal Code; and
(2) The Tenant's right to respond to any Fair Return or Capital
Improvement Petition filed with the City by the Owner pursuant to
this Division.
(b) As part of any notice to increase Rent, an Owner must include:
(1) Notice of the existence of this Division 3 of Article XIX of Chapter 8
of the Santa Ana Municipal Code; and
(2) The Tenant's right to respond to any Fair Return or Capital
Improvement Petition filed with the City by the Owner pursuant to
this Division, unless such Rent Increase is pursuant to an approved
Fair Return Petition.
(3) No Rent Increase shall take effect until the requirements of this
Division have been met.
(c) The Owner must give notices to the Tenant in the language that the
Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish,
Chinese, Tagalog, Vietnamese, and Korean) as well as English.
(d) Any notices or documents required to be provided from a Landlord to a
Tenant by this Article or any other federal, state, or local law, including, but not limited
to, notice of Rent Increase and notice of eviction, shall be provided to the City through
the Rental Registry portal.
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Secs. 8-3150 - 8-3159. - Reserved.
DIVISION 4. — RENTAL REGISTRY AND RENTAL REGISTRY FEE
Section 8-3160 — Rental Registry
Effective July 1, 2023, or as modified by resolution of the City Council, the City
shall create a Rental Registry and all Landlords with Rental Units in the City of Santa
Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the
following:
(a) Initial Registration. A Landlord must file an initial Registration Form with
the City for each Rental Unit that is subject to the provisions of this Article.
Registration of a Rental Unit shall not be complete until an Owner has:
1) Completely and accurately provided a Registration Form; and,
2) Paid all fees owed to the City with respect to the Rental Unit
including Registration Fees imposed pursuant to this Article.
(b) Change of Ownership or Management.
1) Whenever a change in ownership of a Rental Unit occurs, the
Landlord shall provide the City with written notice of the change in
ownership, including the date of transfer, and the name, address
and contact information of the new Owner, within thirty (30) days of
the close of escrow.
2) The new Owner is required to file a Registration Form with the City
within sixty (60) days of such change. The new Owner's
Registration Form will only be accepted by the City if it is
accompanied by a copy of a written notification on a form
prescribed by the Program Administrator from the Landlord to all
Tenants advising the Tenants of the change in ownership of the
building and setting forth the name, address and contact
information of the new Owner and of the new Owner's property
manager or representative, and a declaration that the new Owner
served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with the
City within sixty (60) days of a change of the property management
or authorized agent or if the address of the Owner or authorized
agent changes.
(c) Re -Registration Following a Vacancy. A Landlord shall, in the manner
described herein, re -register a Rental Unit with the City within thirty (30) days after a
vacancy has occurred and the Rental Unit is re -rented.
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(d) Claim of Exemption. Any Landlord that is claiming any exemption from
this Article must file a claim of exemption with the City. The Landlord shall provide the
City, on a form approved by the Program Administrator and accompanied by supporting
documentation, a written declaration stating the facts which support the claim of
exemption from the provisions of this Article. If the written declaration and supporting
documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit
shall be deemed to be subject to the provisions of this Article. If the Board determines
that any Unit was incorrectly registered as exempt due to any affirmative
misrepresentation by the Owner, the exemption for that Unit may be revoked
retroactively, and the Unit will be subject to any applicable enforcement measures.
(e) Termination of Exemption. Any time a Rental Unit that has been exempted
under the provisions of this Article loses its exempt status due to termination of the
conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file
a Registration Form for said Rental Unit within thirty (30) days of the change in status.
(f) Annual Requirement. For the subsequent years after the initial
Registration date, each Registration Form and claims of exemption(s) must be annually
filed on or before July 1 of each year. The Rental Housing Board may modify the
annual registration date.
(g) Contents of Registration Form. The Rental Registration Form shall
completely and accurately provide the following information from the Landlord for each
Rental Unit as of the date of filing the Registration Form:
1) Address of each Rental Unit including identifying number or letter;
2) Number of bedrooms and bathrooms in the Rental Unit;
3) Name, current address, and contact information of current Owners,
authorized representatives and property managers;
4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move -in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and procedures that
require additional information to be collected and recorded in Registration Forms in
furtherance of the objectives of this Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in
accordance with this Division shall include an affidavit signed by the Landlord declaring
under penalty of perjury that the information provided in the Rental Registration Form is
true and correct.
(i) Notices. Any notices or documents required to be provided from a
Landlord to a Tenant by this Article or any other federal, state, or local law, including,
34
but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the
City through the Rental Registry portal.
0) Proper Registration. Registration of a Rental Unit shall not be complete
until the Landlord has:
1) Paid all fees and penalties owed to the City with respect to the
Rental Unit, including the Rental Registry Fee, imposed pursuant to
this Article; and,
2) Filed a complete and accurate Registration Form for that Rental
Unit including all information required by this Division and any
policies and procedures adopted by the Board and/or Program
Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement
against any Landlord who fails to register a Rental Unit, or provide current and accurate
data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall
advertise for rent, demand or accept Rent for a Rental Unit, or evict any Tenant from a
Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no
petition, application, claim or request, and no Rent increases shall take effect for any
Rental Unit unless the Landlord has accurately completed the Rental Unit Registration.
Section 8-3161 — Rental Registry Fee
Effective July 1, 2023, or as modified by resolution of the City Council, an annual
Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords
with Rental Units that are subject to this Article shall pay the Rental Registry Fee as
established by the City Council. The Rental Registry Fee is to fund the City's cost to
implement, administer, monitor, support, and enforce the provisions of this Article.
(a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for
each of the Landlord's Rental Units in the City. The amount of the Fee shall be
determined by resolution of the City Council adopted from time to time and set forth in
the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by
the City Council to be necessary to administer the provisions of this Article, and the City
Council's findings in this regard shall be final.
(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental
Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar
days of any subsequent changes to the Rental Unit.
(c) Late Payment. Any Landlord responsible for paying the Rental Registry
Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid-
year due date, will be delinquent and shall, in addition to the Fee, pay additional late
charges, penalties of assessments as determined by resolution of the City Council. The
35
amount of Rental Registry Fee and any penalty imposed by the provisions of this Article
shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry
Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of
the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly
installments. The Fee pass -through shall not be considered part of the Rent in
calculating any Rent Increase. If a Landlord fails to timely pay the Fee and becomes
delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In
the event a Tenant paid Registration Fee pass -through costs in excess of that permitted
by this Division, the Landlord shall reimburse the Tenant for the Registration Fee pass -
through cost overpayment.
1) No Pass -Through for Subsidized Tenants. No portion of the
Registration Fee may be passed through to Tenants who reside in
housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document
as affordable housing for persons and families of very low, low, or
moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing
subsidies for affordable housing for persons and families of very
low, low, or moderate income, as defined in Section 50093 of the
Health and Safety Code or comparable federal statutes.
Section 8-3162 — Education and Outreach.
The Program Administrator shall have the authority to contract with community -
based organizations for them to assist in the education and outreach related to this
Article.
Secs. 8-3163 - 8-3179. - Reserved.
DIVISION 5. — RENTAL HOUSING BOARD
Section 8-3180 — Rental Housing Board
There is hereby created and established a Rental Housing Board to perform the
functions designated in this Article. The composition of the Board and selection of
Board Members shall be based upon the following:
(a) Membership of Board. The Rental Housing Board shall consist of seven
(7) Board Members. Each City Councilmember shall appoint one (1) Board Member, to
36
be approved by the City Council, in an equitable order based upon a random lottery
process. The Board Members of the Rental Housing Board shall be comprised of:
1) Three (3) Tenants, including at least one (1) Mobilehome Tenant;
2) Two (2) Landlords; and
3) Two (2) at -large Members with no financial interest in and no
ownership of income -generating rental housing.
(b) Chairperson. The Board shall elect annually one of its Members to serve
in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the
:=* , @111
(d) Full Disclosure of Holdings. Nominees for the position of Board Member
shall submit a verified statement listing all of their interests and dealings in real property,
including, but not limited to, ownership, sale or management of real property during the
previous three (3) years. The Board may promulgate additional regulations.
(e) Conflict of Interest. Board Members shall be subject to the requirements
of the California Political Reform Act and other applicable state and local conflict of
interest codes. Accordingly, a Board member shall be disqualified from participating in
any hearing on an application, petition, or appeal where the Board Member is either the
Landlord or a Tenant residing at the subject property, or has any other form of conflict of
interest.
(f) Training Required. All Board members shall attend training as designated
by the Program Administrator.
Section 8-3181 — Rental Housing Board Member Term and Compensation
(a) Term. Board Members shall serve for a term of four (4) years or until their
respective successors are appointed or qualified, but in no event shall any persons be
eligible for reappointment who has served three (3) consecutive terms of four (4) years
each, irrespective of what seat or seats the Board Member is appointed to by the City
Council. However, the City Council may remove a Board Member at any time for any
reason.
(b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars
($50.00) per month automobile allowance.
Section 8-3182 — Rental Housing Board Powers and Duties
(a) The Rental Housing Board shall have the following powers and duties:
37
1) To hold regular meetings at least once each calendar month, or as
needed, as fixed by the by-laws of the Board.
2) Conduct hearings on petitions, applications, and appeals of
hearings determined by a Hearing Officer submitted by Landlords
or Tenants under this Article. Any fees for such hearings shall be
established by City Council resolution in the City's Miscellaneous
Fee Schedule.
3) Promulgate and implement policies and procedures for the
administration and enforcement of this Article. Make such studies,
surveys, and investigations, conduct such hearings, and obtain
such information as is necessary to carry out its powers and duties.
4) Review and assess yearly that sufficient number of staff are
employed, including a Program Administrator, Hearing Officers,
housing counselors and legal staff, as may be necessary to perform
its function efficiently in order to fulfill the purpose of this Article.
5) Any other duties as necessary to administer and enforce this
Article.
6) Such other duties as are designated by resolution of the City
Council.
Section 8-3183 — Rental Housing Board Policies and Procedures
The Board shall issue and follow such policies and procedures, including those
which are contained in this Article, as will further the purposes of the Article.
Section 8-3184 — Rental Housing Board Meetings
(a) The Board shall hold such regularly scheduled meetings as are necessary
to ensure the timely performance of its duties under this Article. All regular and special
meetings shall be called and conducted in accordance with state law.
(b) Quorum. Four (4) members of the Board shall constitute a quorum for the
transaction of business.
(c) Voting. The affirmative vote of four (4) members of the Board is required
for a decision, including all motions, rules, regulations, and orders of the Board.
Section 8-3185 — Judicial Review
Any decision of the Rental Housing Board shall be final unless judicial review is
sought in a court of competent jurisdiction within thirty (30) days of the date of the
38
Board's decision. The Board decision shall take effect immediately unless provided
otherwise in the decision, regardless of whether a party seeks judicial review.
Secs. 8-3186- 8-3199. Reserved.
DIVISION 6. — ENFORCEMENT AND REMEDIES
I:�1r9WRIBYWOnmWre Me
(a) It shall be unlawful for any person to violate or fail to comply with any
provision of this Article. The violation of any provision of this Article shall first be
punished through the use of an administrative citation, as provided in Santa Ana
Municipal Code section 1-21, et seq., prior to prosecution as a misdemeanor or
infraction, as provided in Santa Ana Municipal Code section 1-8.
(b) Civil Action. Any aggrieved person, including the City and the People of
the State of California, may bring a civil action for damages for any violation of this
Article or the rules, regulations, orders and decisions of the Rental Housing Board. The
burden of proof in such cases shall be by a preponderance of the evidence. No
administrative remedy need be exhausted prior to filing a civil suit pursuant to this
section.
(c) Injunctive Relief. Any person who commits an act, proposes to commit an
act, or engages in any pattern and practice that violates this Division, or the policies,
procedures, regulations, rules, orders and decisions of the Rental Housing Board, may
be enjoined therefrom by any court of competent jurisdiction. An action for injunction
under this section may be brought by any aggrieved person, including the City and
People of the State of California. No administrative remedy need be exhausted prior to
filing an action for injunctive relief pursuant to this section.
(d) Affirmative Defense. A Landlord's failure to comply with any requirement
of this Article may be asserted as a complete affirmative defense in an unlawful detainer
or any other action brought by the Landlord to recover possession of the Rental Unit.
Additionally, any attempt to recover possession of a Rental Unit in violation of this
Article shall render the Landlord liable to the Tenant for damages in a civil action for
wrongful eviction. The prevailing party in an action for wrongful eviction shall recover
costs and reasonable attorneys' fees.
(e) Public Nuisance. In addition to other penalties provided by law, any
condition caused or permitted to exist in violation of any provision of this Article shall be
deemed a public nuisance and may be summarily abated as such by the City, and each
day such condition continues shall constitute a new and separate offense.
(f) Non -Exclusive. The remedies provided in this Article are not exclusive,
and nothing in this Article shall preclude any person from seeking any other remedies,
39
penalties or procedures provided by law, nor is exhaustion of remedies under this
section a prerequisite to the assertion of any other such right.
Secs. 8-3201 - 8.3299. - Reserved.
Section 2. 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 People of the City of Santa Ana hereby
declare that they 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 3. Pursuant to California Elections Code Section 9222, this Ordinance
must approved by a majority of the eligible voters of the City of Santa Ana voting at the
General Municipal Election of November 5, 2024.
Section 4. This Ordinance shall become effective ten days (10) days after the
City Council has certified the results of the General Municipal Election by resolution.
Section 5. Following the City Clerk's certification that the qualified voters of
Santa Ana have approved this Ordinance, the Mayor shall sign this Ordinance and the
City Clerk shall cause the same to be entered into the book of original ordinances of
said City; and shall cause the same, or a summary thereof, to be published as required
by law.
:1
RESOLUTION NO. 2023-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY
MUNICIPAL ELECTIONS
WHEREAS, noncitizen residents make up 24 percent of Santa Ana's total
population and about 30 percent of its voting -age population; and
WHEREAS, the City Council acknowledges the importance of the immigrant
community to the city of Santa Ana and recognizes their right to have their voices heard
in local decision -making that directly affects their lives; and
WHEREAS, the City Council believes that giving immigrants a voice in local
elections will encourage greater interest and investment in local issues, ultimately
benefiting the entire community; and
WHEREAS, the City Council previously enacted an ordinance making Santa Ana,
a sanctuary city, to recognize the contributions of its diverse, immigrant population and to
ensure they feel safe interacting with local government officials; and
WHEREAS, the City Council has implemented initiatives such as the Immigrant
Legal Defense Fund which allocates funding for the legal defense of Santa Ana immigrant
residents who face detention and deportation; and
WHEREAS, a growing multiracial and multigenerational coalition of Santa Ana
residents and community -based organizations have come together with the shared belief
that all residents, regardless of citizenship status should have an equal say in the City's
municipal elections; and
WHEREAS, the City Council previously enacted an ordinance amending, it's
municipal code to permit qualified immigrant residents to serve on City Boards,
Commissions and Committees; and
WHEREAS, currently tens of thousands of noncitizen residents and mixed status
families pay taxes yet are disenfranchised, and do not believe they have representation
in key decisions that impact their lives; and
WHEREAS, local governments across the United States allow non -citizen
residents to vote in local elections; and
Resolution No. 2023-075
Page 1 of 5
WHEREAS, the California constitution gives charter cities the power to allow non -
citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez
brought forth a councilmember request for consideration of proposing a ballot measure
to the voters regarding noncitizen voting in municipal elections;
WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare
the ballot measure items to place the ballot measure before the voters at the November
5, 2024 election;
WHEREAS, pursuant to California Elections Code section 9255, the City Council
is authorized to submit this question to the voters at the November 5, 2024 General
Municipal Election; and
WHEREAS, the City Council desires to consolidate the General Municipal Election
for the measure described herein with the Statewide General Election to be held on
November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable
requirements of the laws of the State of California relating to charter cities, the City
Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on
Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting
the ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. The California Elections Code directs that the City Council approve
the form of the ballot question to be submitted to the voters and the City of Santa Ana
desires, on its own motion, to submit to the voters a question of whether to permit
noncitizens to vote in all municipal elections at which municipal officers, including the
mayor and city council members are elected, ballot measures are considered, and
initiatives and referenda are proposed, at the General Municipal Election to be held on
Tuesday, November 5, 2024.
Section 4. The ballot question and full text for the proposed ballot measure shall
be as follows, with identification as determined in accordance with the California Elections
Code:
Resolution No. 2023-075
Page 2 of 6
MEASURE # Yes
PROPOSED AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Shall the City of Santa Ana City Charter be amended to allow, by the
November 2028 general municipal election, noncitizen
City residents, including those who are taxpayers and parents, to No
vote in all City of Santa Ana municipal elections?
Full Text of the City Charter Amendment (text to be added, if approved, is underlined):
Sec. 1203. — Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with
the provisions of the Elections Code of the State of California, as the same now exist or
may hereafter be amended, for the holding of elections in general law cities, insofar as
the same are not in conflict with this charter or any ordinance ado ted in accordance with
this charter.
The City Council shall adopt an ordinance and additional policies and regulations as
needed,_ authorizing any person who has established residency in the City and who is not
otherwise disqualified from voting under Sections 2 and 4 of Article II of the California
Constitution or any implementing State statute or City ordinance or resolution to vote in
all municipal elections regardless of whether the person is a United States citizen.
"Municipal elections" include all local elections at which: the mayor, city council members
or any other municipal officers_ are elected; ballot measures are considered; and initiatives
and referenda are proposed. The City Council shall adopt such policies, regulations, and
ordinances implementing__this Section 1203 so that noncitizens may participate in
elections -on or prior to the general municipal election to be held in November of 2028.
Section 5. The question to be submitted to the voters is set forth above and
other implementing actions may need to be taken by the voters and the City Council
should the voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the
election, the question shall be approved.
Section 7. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election. The ballots to be
used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on
this Measure with all other elections being held in the same territory on November 5,
Resolution No. 2023-075
Page 3 of 6
2024, and to hold and conduct the consolidated election in the manner prescribed in
Election Code Section 10418. In accordance with Section 10403 of the Elections
Code, the Board of Supervisors of Orange County is hereby requested to consent to
consolidation of the election on this Measure with the Statewide General Election and
all other elections being held in the same territory on November 5, 2024, and to having
the Registrar of Voters render such election services to the City of Santa Ana as may be
requested by the City Clerk of said City, the County of Orange to be reimbursed in full
for such services as are performed.
Section 9. The election services requested by the City of the County Registrar
of Voters, or such other official as may be appropriate and which officer is hereby
authorized and directed to perform, if said Board of Supervisors consents, include: the
preparation, printing, and mailing of sample ballots and voter information guides; the
establishment or appointment of precincts, voting centers, and election officers; opening
and closing of voting centers, and making such publications as are required by law in
connection therewith; the furnishing of ballots, voting booths, and other necessary
supplies or materials for voting centers; the canvassing of the returns of the election and
the furnishing of the results of such canvassing to the City Clerk; and the performance of
such other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 12. The City Clerk is hereby directed to transmit a copy of the Measure
set forth in Section 4 above to the City Attorney, who shall prepare an impartial analysis
of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
"The above statement is an impartial analysis of Ordinance or Measure . if
you desire a copy of the ordinance or measure, please call the election official's
office at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial
analysis shall be filed no later than the deadline for direct arguments.
Section 13. All persons qualified to vote at municipal elections in the City on the
day of election herein provided shall be qualified to vote on the Measure hereby submitted
at the General Municipal Election.
Resolution No. 2023-075
Page 4 of 6
Section 14. In all particulars not recited in the Resolution, the election shall be
held and conducted as provided by law for holding general municipal elections in the City.
Section 15. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 16, The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution
and the included Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 18. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project,"
as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 19. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 20, This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 21. The City Clerk is hereby directed to certify to the passage and adoption
of this Resolution and to file a certified copy of this Resolution with the Orange County
Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight
(88) days before the date of the election.
ADOPTED this 71" day of November. 2023.
Resolution No. 2023-075
Page 5 of 6
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: &XUIGL, & ,
Laura A. Rossini
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Jessie Lopez
Mayor Pro Tern
Councilmembers Hernandez, Lopez, Phan, Vazquez (4)_
Councilmembers Amezcua Bacerra. Penaloza (3)
Councilmembers None 0
Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certifythe attached Resolution
No. 2023-075 to be the original resolution adopted by the City Council of the City of
Santa Ana on November 7, 2023.
Date:
ennifer L. H I
City Cler
o Santa Ana
Resolution No. 2023-075
Page 6 of 6
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY
MUNICIPAL ELECTIONS
WHEREAS, noncitizen residents make up 24 percent of Santa Ana's total
population and about 30 percent of its voting -age population; and
WHEREAS, the City Council acknowledges the importance of the immigrant
community to the city of Santa Ana and recognizes their right to have their voices heard
in local decision -making that directly affects their lives; and
WHEREAS, the City Council believes that giving immigrants a voice in local
elections will encourage greater interest and investment in local issues, ultimately
benefiting the entire community; and
WHEREAS, the City Council previously enacted an ordinance making Santa Ana,
a sanctuary city, to recognize the contributions of its diverse, immigrant population to
ensure they feel safe interacting with local government officials; and
WHEREAS, the City Council has implemented initiatives such as the Immigrant
Legal Defense Fund which allocates funding to legal defense of Santa Ana immigrant
residents who face detention and deportation; and
WHEREAS, a growing multiracial and multigenerational coalition of Santa Ana
residents and community -based organizations have come together with the shared belief
that all residents, regardless of citizenship status should have an equal say in the City's
municipal elections; and
WHEREAS, the City Council previously enacted an ordinance amending, it's
municipal code to permit qualified immigrant residents to serve on City Boards,
Commissions and Committees; and
WHEREAS, currently tens of thousands of noncitizen residence and mixed status
families pay taxes yet feel disenfranchised, and do not believe they have representation
in key decisions that impact their lives; and
WHEREAS, local governments in other states have allowed non -citizen residents
to vote in local elections; and
Resolution No. 2023-XXX
Page 1 of 5
WHEREAS, arguments can be made that the California constitution gives charter
cities the power to allow non -citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez
brought forth a councilmember request for consideration of proposing a ballot measure
to the voters regarding noncitizen voting in municipal elections;
WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare
the ballot measure items to place the ballot measure before the voters at the November
5, 2024 election;
WHEREAS, on November 7, 2023, the City Council approved Resolution No.
2023-075 giving notice of a general municipal election to be held in the City of Santa Ana
on November 5, 2024 for the submission of a ballot measure to the qualified voters asking
if the City of Santa Ana should permit noncitizen voting in all City municipal elections;
WHEREAS, the City Council desires to make changes to the ballot question set
forth in Resolution No. 2023-075;
WHEREAS, pursuant to California Elections Code section 9255, the City Council
is authorized to submit this question to the voters at the November 5, 2024 General
Municipal Election; and
WHEREAS, the City Council desires to consolidate the General Municipal Election
for the measure described herein with the Statewide General Election to be held on
November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable
requirements of the laws of the State of California relating to charter cities, the City
Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on
Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting
the ballot measure question to the qualified voters of the City of Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the
form of the ballot question to be submitted to the voters and the City of Santa Ana desires,
on its own motion, to submit to the voters a question of whether to permit noncitizens to
vote in all municipal elections at which municipal officers are elected, ballot measures are
considered, and initiatives and referenda are proposed, at the General Municipal Election
to be held on Tuesday, November 5, 2024.
Resolution No. 2024-XXX
Page 2 of 6
Section 4. The ballot question and full text for the proposed ballot measure shall
be as follows, with identification as determined in accordance with the California Elections
Code:
MEASURE #
PROPOSED AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Yes
Shall the City of Santa Ana City Charter be amended to allow, by the
November 2028 general municipal election, noncitizen City residents
to vote in all City of Santa Ana municipal elections? No
Full Text of the City Charter Amendment (text to be added, if approved, is underlined):
Sec. 1203. — Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with
the provisions of the Elections Code of the State of California, as the same now exist or
may hereafter be amended, for the holding of elections in general law cities, insofar as
the same are not in conflict with this charter or any ordinance adopted in accordance with
this charter.
The City Council shall adopt an ordinance and additional policies and regulations, as
needed, authorizing any person who has established residency in the City and who is not
otherwise disqualified from voting under Sections 2 and 4 of Article II of the California
Constitution or any implementing State statute or City ordinance or resolution, to vote in
all municipal elections regardless of whether the person is a United States citizen.
"Municipal elections" include all local elections at which: the mayor, city councilmembers,
or any other municipal officers are elected; ballot measures are considered; and initiatives
and referenda are proposed. The City Council shall adopt such policies, regulations, and
ordinances implementing this Section 1203 so that noncitizens may participate in
elections on or prior to the general municipal election to be held in November of 2028.
Section 5. The question to be submitted to the voters is set forth above and other
implementing actions may need to be taken by the voters and the City Council should the
voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the
election, the question shall be approved.
Resolution No. 2024-XXX
Page 3of6
Section 7. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election. The ballots to be
used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on this
Measure with all other elections being held in the same territory on November 5, 2024,
and to hold and conduct the consolidated election in the manner prescribed in Election
Code Section 10418. In accordance with Section 10403 of the Elections Code, the
Board of Supervisors of Orange County is hereby requested to consent to consolidation
of the election on this Measure with the Statewide General Election and all other
elections being held in the same territory on November 5, 2024, and to having the
Registrar of Voters render such election services to the City of Santa Ana as may be
requested by the City Clerk of said City, the County of Orange to be reimbursed in full
for such services as are performed.
Section 9. The election services requested by the City of the County Registrar
of Voters, or such other official as may be appropriate and which officer is hereby
authorized and directed to perform, if said Board of Supervisors consents, include: the
preparation, printing, and mailing of sample ballots and voter information guides; the
establishment or appointment of precincts, voting centers, and election officers; opening
and closing of voting centers, and making such publications as are required by law in
connection therewith; the furnishing of ballots, voting booths, and other necessary
supplies or materials for voting centers; the canvassing of the returns of the election and
the furnishing of the results of such canvassing to the City Clerk; and the performance of
such other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 12. The City Clerk is hereby directed to transmit a copy of the Measure
set forth in Section 4 above to the City Attorney, who shall prepare an impartial analysis
of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
Resolution No. 2024-XXX
Page 4 of 6
"The above statement is an impartial analysis of Ordinance or Measure . If
you desire a copy of the ordinance or measure, please call the election official's
office at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial
analysis shall be filed no later than the deadline for direct arguments.
Section 13. All persons qualified to vote at municipal elections in the City on the
day of election herein provided shall be qualified to vote on the Measure hereby submitted
at the General Municipal Election.
Section 14. In all particulars not recited in the Resolution, the election shall be
held and conducted as provided by law for holding general municipal elections in the City.
Section 15. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 16. The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution
and the included Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 18. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project,"
as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 19. The Santa Ana City Council hereby repeals Resolution No. 2023-
075.
Section 20. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Resolution No. 2024-XXX
Page 5of6
Section 21. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 22. The City Clerk is hereby directed to certify to the passage and adoption
of this Resolution and to file a certified copy of this Resolution with the Orange County
Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight
(88) days before the date of the election.
ADOPTED this day of June, 2024.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: N a'T'0 � .
Laura A. Rossini
Chief Assistant City Attorney
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2024 -XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on .2024.
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2024-XXX
Page 6 of 6
Charter Review Ad Hoc Committee Meeting
Monday, April 22, 2024, 3:00 P.M.
1. Ballot Measures Already Adopted by City Council for November 5, 2024 General Municipal
Election
a. Rent Stabilization and Just Cause Eviction Ordinance
i. Need to revise to include correct ordinance
b. Permitting Noncitizen Voting in all City Municipal Elections
i. Flesh out to include Charter language rather than just referring to an ordinance
2. Potential Charter Amendments
a. Finance and Management Services Suggestions/Clean-Up
i. Section 1002(a)(5) to remove reference to Fire Chief
ii. Section 1103 — is Official Bonds section outdated or no longer necessary?
iii. Section 611— review definition of "fund" and address levy that may be
incongruent with current law
b. Human Resources Suggestions
i. Eliminate Personnel Board (edits to Sections 9-2, 9-4, 9-5, 9-6, 9-9, 9-10, 9-16)
ii. Committee requested information on how an elimination of the Personnel
Board may affect non -Police departments; check with bargaining units for their
thoughts; separate out responsibilities between the Personnel Board and the
Police Oversight Committee; options regarding mediator/arbitratrator and cost
information
c. Other
i. Council Compensation: review options pertaining to General Law cities, General
Law cities plus population indicator; General Law cities plus population by
district indicator; full-time Councilmembers
ii. Regional Agencies Compensation: ok at possible City -paid compensation for
participation in regional agencies that do not provide compensation; possibly tie
to median of all regional agency payments or directly to OCWD
iii. Ethics Code: enforcement process: review and provide options; private Attorney
General; censure process/policy
iv. Clean-up: update reference to "secretary to the City Manager" to modernize
(Sec. 1002)
V.
3. Schedule of Committee Meetings
a. Scheduled Meetings: Thursday, May 16, 2pm; Tuesday, May 21, 1pm
b. Duration —1 hour
c. Department directors to be invited to meetings where the topic pertains to their
operations.
d. Length of Committee — currently scheduled through end of May 2024
i. Deadline to send items to Orange County Registrar of Voters is Friday, August 9
but requested by Friday, July 19, 2024.
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 5, 2024 FOR THE SUBMISSION TO THE
VOTERS OF QUESTIONS RELATING TO THE
AMENDMENT OF THE CITY CHARTER IN REGARD TO
SECTIONS 401.5 (ETHICS CODE), 402 (COUNCIL
COMPENSATION), 611 (CAPITAL IMPROVEMENT
FUNDS), 702 (CITY CLERK AUTHORITY), 703 (CITY
ATTORNEY AUTHORITY), 1002 (CIVIL SERVICE), AND
1103(BONDS).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
SECTION 1: By Resolution No. 2024-022, the City Council has declared that a
General Municipal Election shall be held on November 5, 2024 for the election of
municipal officers and asked that the Election be consolidated with the Statewide General
Election.
SECTION 2: Under provisions of the Charter of the City of Santa Ana and the
California Elections Code, at the General Municipal Election to be held on November 5,
2024, the following proposed amendments to the City Charter shall be submitted to the
voters:
A proposal to amend Sections 401.5 (Ethics Code) 402 (Council Compensation), 611
(Capital Improvement Funds), 702 (City Clerk authority), 703 (City Attorney authority),
1002 (Civil Service), and 1103 (Bonds) of the Charter of the City of Santa Ana to read as
set forth in Exhibits A and B, attached hereto and incorporated herein by this reference.
The language proposed to be deleted is in red and the language proposed to be added
is highlighted in yellow in each exhibit.
SECTION 3: If the ballot measure receives a majority of the votes cast on it at the
election, the question shall be approved.
SECTION 4: Pursuant to California Elections Code Section 9295, this Resolution
and the included Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
SECTION 5: If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
Resolution No. 2024-XXX
Page 1 of 6
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
SECTION 6: This Resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
Valerie Amezcua
Mayor
/_1»:Zo1•LI21N7_V2r01Is] VLTA 5
By:�
for Sonia R. Carvalho,
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , City Clerk, do hereby attest to and certify that the attached Resolution No.
2024-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on
Date:
Jennifer Hall,
City Clerk
City of Santa Ana
Resolution No. 2024-XXX
Page 2 of 6
EXHIBIT A
Sec. 401.05. - Code of ethics and conduct.
The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected
officials, the City Attorney, the City Manager, the City Clerk, the Police Chief,
directors of all City departments, and members of appointed boards, commissions,
and committees to assure public confidence in the integrity of local government
elected and appointed officials. The City Council shall periodically review the Code
of Ethics and Conduct and make any amendments by ordinance or resolution.
The City Council shall establish by adoption of an Ordinance a process to address
alleged violations of the Code of Ethics and to enforce its provisions.
Any person alleging a violation of the Code of Ethics and Conduct by the Police
Chief, or department director, shall provide a written document to the City Manager
with their name and contact information and a brief description of the alleged
violation. The City Manager shall review and respond to the complaint in writing
and report to the City Council every thirty (30) days of the status of the review.
Any person alleging a violation of the Code of Ethics and Conduct by any member
of the City Council, the City Manager, the City Attorney, the City Clerk, or members
of appointed boards, commissions, and committees shall provide a written
document to all members of the City Council with their name and contact
information and a brief description of the alleged violation. The City Council shall
refer the complaint to an ad hoc committee of the Council for review. The Council
ad hoc committee may then make a recommendation to the full City Council for
further review, investigation or action. When a review or investigation is completed,
the City Council may impose sanctions which may include, a reprimand, formal
censure, or loss of committee assignments or in the case of members of boards,
commissions or committees, removal from the board, commission, or committee.
A complaint concerning an alleged violation by one of the Council's appointed
employees shall be handled as a personnel matter.
Sec. 611. - Same —Capital improvement funds.
A fund for capital improvements generally is hereby created to be known as the
"Capital Improvement Fund". The City Council may create by ordinance a special
fund or funds for a special capital improvement purpose. The City Council may levy
and collect taxes for capital improvements and may include in the annual tax levy
a levy for such purposes, in which event it must apportion and appropriate to any
such fund or funds the moneys derived from such levy. It may not, in making such
levy, exceed the maximum tax rate provided for in this charter, unless authorized
by the affirmative votes of a majority of the electors voting on the proposition at
any election at which such question is submitted. The number of years in which
such increased levy is to be made shall be specified in such proposition. The City
Resolution No. 2024-XXX
Page 3 of 6
Council may transfer, subject to the provisions of this charter, to any such fund
any unencumbered surplus funds remaining on hand in the City at any time.
Once created, such fund shall remain inviolate for the purpose for which it was
created, and if for a special capital improvement, then for such purpose only,
unless the use of such fund for some other purpose is authorized by the affirmative
votes of a majority of the electors voting on such proposition at a general or special
election at which such proposition is submitted.
If the purpose for which any capital improvement fund has been created has been
accomplished, the City Council may transfer any unexpended or unencumbered
surplus remaining in such fund to the fund for capital improvements generally,
established by this charter.
Sec. 702. - City Clerk; powers and duties.
The City Clerk shall have the power and be required to: (Add subsection (i))
(i) Enter into contracts related to the Office of City Clerk based upon the City's
purchasing policies and dollar limitations established for the city manager.
Sec. 703. - City attorney; qualifications, power and duties. (Add subsection (h))
(h) Enter into contracts related to the Office of the City Attorney based upon the
City's purchasing policies and dollar limitations established for the city manager.
Sec. 1002. - Civil service and excepted service.
The civil service system of the City shall cover all employees of the City not
excepted by this section.
(a)The excepted service shall comprise the following offices and positions:
(1)The individual offices held by all elective officers;
(2)The City Manager and the City Manager's assistants, if any;
(3)The City Attorney and the City Attorney's legal assistants, if any;
(4)The City Clerk;
(5)The head of each department of the City as specified by ordinance or resolution
and of the housing authority of the City of Santa Ana, but not including, the police
chief or the fire chief;
(6)One private secretary The Executive Assistants to the City Manager and City
Attorney;
(7)AII members of boards and commissions;
(8)Positions occupied by persons employed to render professional, scientific,
technical, or expert service of an occasional and exceptional nature;
(9)Positions in any class or grade created for a special or temporary purpose;
(10)Part-time positions or employments;
(11)AII positions occupied by persons employed to replace employees ordered to
active duty, enlisted, or drafted for military service during a national emergency or
Resolution No. 2024-XXX
Page 4 of 6
when this country has declared war and until the expiration of the time when such
replaced employee could demand their former position of employment under
federal or state statutes.
(b)The civil service shall comprise all positions not specifically included by this
section in the excepted service.
(c)ln the event an officer or employee of the City holding a position in the civil
service is appointed to a position in the excepted service and should subsequently
be removed therefrom within twelve months of the employee's appointment to the
excepted service, the employee shall revert to the employee's former position in
the civil service without loss of any rights or privileges and upon the same terms
and conditions as if the employee had remained in said position continuously.
Sec. 1103. - Official bonds.
The City Council shall, by ordinance, fix the amounts and terms of the official
bonds of all officers and employees of the City who are required by this charter or
by ordinance to give such bonds. All bonds shall be executed by a responsible
surety, shall be approved by the City Attorney as to form, and shall be filed with
and remain in the keeping of the director of finance, provided that the bond of the
director of finance shall be filed with and remain in the keeping of the City Clerk.
The premium on any official bond furnished under the provisions of this section
and executed by a corporate surety shall be paid by the City.
There shall be no personal liability upon, or any right to recover against, a superior
officer, or their bond, for any wrongful act or omission of their subordinates, unless
such superior officer was a party to, or conspired in, such wrongful act or
omission.
Resolution No. 2024-XXX
Page 5 of 6
EXHIBIT B
Sec. 402. - Compensation of members.
Each member of the City Council and the Mayor shall receive as a monthly
salary, the equivalent of thirty three percent (33%) of the monthly salary of a
Judge of the Orange County Superior Court of the State of California for their
services, the maximum amount allowed by the population formula set forth in
California Government Code Section 36516 as of November 8, 2016. No increase
in the monthly salary shall occur without first being approved by the voters
pursuant to a Charter amendment. Further, each member of the City Council and
Mayor shall receive reimbursement for required travel and other expenses while
on official business of the City as authorized and approved by Resolution of the
City Council. In accordance with Section 36516 any amounts paid by City for
retirement, health and welfare benefits shall not be included for purposes of
determining salary under this section, provided that the same benefits are
available and paid by the City for its executive employees. Any amounts paid by
the City to reimburse for actual and necessary expenses pursuant to a Council
Resolution shall not be included for purposes of determining salary. Any
member of the Council may waive any or all of the compensation permitted by
this section.
Absence of the Mayor or a member of the City Council from all regular and
special meetings of the City Council during any calendar month shall render
them ineligible to receive the monthly salary for such a calendar month, unless
such absence was approved by the City Council as expressed in its official
minutes etc.
Resolution No. 2024-XXX
Page 6 of 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA SETTING FORTH THE LANGUAGE OF
BALLOT TITLES FOR CITY CHARTER AMENDMENTS
REGARDING CLEAN-UP OF OBSOLETE SECTIONS,
CIVIL SERVICE, ETHICS CODE, CITY CLERK AND CITY
ATTORNEY AUTHORITY AND COUNCIL
COMPENSATION TO BE INCLUDED ON THE BALLOT
FOR THE 2024 GENERAL MUNICIPAL ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. By Resolution 2024- , the City Council of the City of Santa Ana has
called for a General Municipal election to be held on November 5, 2024 and submitted to
the voters an amendment to sections of the Santa Ana City Charter.
Section 2. The California Elections Code directs that the City Council approve the
form of the ballot question to be submitted to the voters and the City Council of the City
of Santa Ana desires, on its own motion, to submit to the voters of the City two questions,
one relating to clean-up of obsolete sections, civil service, ethics code, and City Clerk and
City Attorney authority, and one relating to Council compensation, to be submitted to the
voters at the General Municipal Election to be held on Tuesday, November 5, 2024.
Section 3. The amendments called for in Resolution 2024- shall be
proposed as follows, with identification as determined in accordance with the California
Elections Code:
Shall the Charter of the City of Santa Ana be amended to delete
references to obsolete job titles and obsolete bonding
requirements, specify that all department heads are at -will Yes
employees, address definitions of funds and levies for
compliance with state law, authorize limited purchasing authority
for the City Clerk and City Attorney and require the City Council No
to adopt an ordinance to enforce the Ethics Code?
Resolution No. 2024-XXX
Page 1 of 3
Shall the Charter of the City of Santa Ana be amended to index Yes
Council compensation at a salary of thirty three (33%) percent of
that of an Orange County Superior Court Judge?
No
Section 4. If the ballot measure receives a majority of the votes cast on it at the
election, the question shall be approved.
Section 5. Pursuant to California Elections Code Section 9295, this Resolution
and the included Measures will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 6. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 7. This Resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this day of
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
By -
for onia H. Garvalho
City Attorney
Resolution No. 2024-XXX
Page 2 of 3
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 that the attached Resolution
No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on
Date:
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2024-XXX
Page 3 of 3