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Home My WebLink AboutNS-2237 - Amending Sections385 ORDINANCE NO. NS- 2237 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-621 THROUGH 2-625 OF THE SANTA ANA MUNICIPAL CODE, ADDING SECTIONS 2-626 AND 2-627, AND ADDING DIVISION 10, INCLUDING SECTION 2-641 TO ARTICLE IV OF CHAPTER 2, TO GIVE THE REDEVELOPMENT COMMISSION THE DUTIES OF THE HOUSING COMMISSION, RENAME IT THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION, AND ABOLISH THE HOUSING COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the title of Division 8 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows: DIVISION 8. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION SECTION 2: That section 2-621 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. 2-621. Commission created; oomposition. There is hereby created the community redevelopment and housing commission consisting of seven (7) members, except as otherwise provided in section 2-626. The community redevelopment and housing commission shall serve both in the capacity of a community redevelopment commission pursuant to sections 33201 and 33202 of the Health and Safety Code of the State of California and in the capacity of a housing commission pursuant to sections 34291 and 34292 of the said Health and Safety Code. SECTION 3: That section 2-622 of the Santa Ana Municipal Code is hereby amended to read as follows: Seo. 2-622. Appointment, removal of members; filling of vaoan- oxes. The members of the community redevelopment and housing commission shall be appointed, and may be removed, and vacancies filled, as provided in Section 901 of the Charter of the city of Santa Ana, except as otherwise provided in section 2-626. 1 387 ORDINANCE NS-2237 PAGE 2 SECTION 4: That section 2-623 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-623. Term of members. The terms of the members of the community redevelopment and housing commission shall be in accordance with section 901 of the Charter of the City of Santa Aha, except as otherwise provided in section 2-626. SECTION 5: That section 2-624 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 2-624. commission members prohibited from acquiring inter- est in property included within project areas. No member of the community redevelopment and housing commis- sion shall acquire any interest in any property included within any project area undertaken by the community redevelopment agency. SECTION 6: That section 2-625 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 2-625. Members to disclose financial interest in property included within project area. Each member of the community redevelopment and housing commission who owns or has any direct or indirect financial interest in any property included within a project area as designated by the community redevelopment agency, shall immediately make a written disclosure of it to the Santa Ana Council. SECTION 7: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-626, which said section reads as follows: Bec. 2-626. Tenant commissioners. Two tenant commissioners shall serve on the community and redevelopment and housing commission at such times as that commission is acting Jn the capacity of a housing commission, and at such times the number of members of that commission shall be increased to nine. The tenant commi, ssioners shall serve for terms of two (2) years, from tile date of tile]I; appointments, and their successors shall be tenants. Successors of tenant commissioners shall be op[)Oilltcd Iit, l' a tulun t,t Iwt) (2) yOdl'S. I ~ a tendllt commissioner ceases to be a tenant, he sb~ll be disqualified as a commissioner and another tenant shall be appointed to fill the unexpired term. ORDINANCE NS-2237 PAGE 3 389 SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-627, which said section reads as follows: Bec. 2-627. Prohibited interest of commissioner. No member of the community redevelopment and housing commis- sion shall acquire any direct or indirect interest in any housing project or any property included or planned to be included in any project, nor shall (s)he have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If (s)he owns or controls a direct or indirect interest in any such property, (s)he shall immediately make a written disclosure of it to the housing authority and such disclosure shall be entered upon its minutes. Failure so to disclose his/her interest constitutes misconduct in office. Nothing contained in this section or any provision of the Housing Authorities Law shall be construed as precluding a tenant of the housing authority from serving on the community redevelop- ment and housing commission, provided that the fact of such tenancy is disclosed to the housing authority in writing and entered upon its minutes immediately upon assuming office; nor shall any provisions of this section be construed as in any manner prohibit- ing the right of such tenant commissioner to exercise his full powers vested in his/her office. SECTION 9: That the Santa Aha Municipal Code is hereby amended by adding Division 10 to Article IV of Chapter 2 thereof, which division includes a section, to be numbered 2-641, and reads as follows: DIVISION 10. HOUSING AUTHORITY Sec. 2-641. Council designated housing authority. The council of the city of Santa Ana hereby declares itself to be the housing authority pursuant to Section 34290 of the Califor- nia Health and Safety Code, and ali rights, powers, duties, privileges and immunities vested by the Housing Authorities Law Jn such authority shall be and are vested in said body. SECTION 10: That Chapter 6 of the Santa Aha Municipal Code and sections 6-626, 6-627. 6-628, 6-629, 6-630, 6-631, and 6-632 of the Santa Ana Municipal Code are hereby repealed. SECTION 11: The changes made in the Santa Ana Municipal Code by this ordinance shall not in any way be construed as extinguish- ing or otherwise affecting the findings set forth in Resolution No. 391 ORDINANCE NS-2237 PAGE 4 71-64 of the City Council of the City of Santa Ana and the declaration therein that there is a need for a housing authority to function in the City of Santa Ana. SECTION 12: The community redevelopment commission as it shall exist immediately prior to the effective date of this ordinance shall become the community redevelopment and housing commission, and the housing commission shall be abolished. SECTION 13: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 14: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 19th ATTEST: ~Clerk of the Councl~l / day of December , 1994__. COUNCILMEMBERS: Pulido Aye Richardson Ay~ Espinoza Ay~ Lutz Aya McGuigan Mills Moreno Aye APPROVED AS TO FORM: City Attorney 4 392 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance to be the original ordinance adopted by the City Council of the City /o,9.- ! ~'- ~'~ ; and that said ordinance was published in accordance of Santa Ana on with the Charter of the City of Santa Ana. Date: C_lerk of the Coun~-~ ~/ City of Santa Ana ~1